## Quick facts
- **Record:** Senate Floor
- **Section type:** Amendments
- **Chamber:** Senate
- **Date:** June 24, 2026
- **Congress:** 119th Congress
- **Why this source matters:** This section came from the Senate floor portion of the record.
## Linked context
- **Bills and resolutions:** [H.R. 5487 \(96th Congress\)](/legislation/hr5487-96), [S.Con.Res. 14 \(117th Congress\)](/legislation/sconres14-117), [S. 258 \(119th Congress\)](/legislation/s258-119)
- **Committees:** [Committee on Armed Services](/committees/ssas00), [Committee on Homeland Security and Governmental Affairs](/committees/ssga00), [Committee on Oversight and Government Reform](/committees/hsgo00)
## Readable version of the official text
SA 6020. Mrs. SHAHEEN \(for herself, Mr. King, Mr. Kelly, and Ms. Collins\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. 10\_\_. TECHNICAL FIX FOR STATE RESPONSE TO CONTAMINANTS
PROGRAM.
Section 1459A\(j\) of the Safe Drinking Water Act \(42 U.S.C.
300j-19a\(j\)\) is amended—
\(1\) in paragraph \(1\)—
\(A\) in the matter preceding subparagraph \(A\), by striking
“subsection \(c\)\(2\)” and inserting “clause \(i\) or \(ii\) of
subparagraph \(A\) of paragraph \(3\) or a drinking water well
owner described in subparagraph \(B\) of that paragraph”;
\(B\) by striking “contaminant—” and all that follows
through “to—” in subparagraph \(A\) in the matter preceding
clause \(i\) and inserting “contaminant that is determined by
the State—”;
\(C\) by striking subparagraph \(B\);
\(D\) by redesignating clauses \(i\) and \(ii\) as subparagraphs
\(A\) and \(B\), respectively, and indenting appropriately;
\(E\) in subparagraph \(A\) \(as so redesignated\)—
\(i\) by inserting “to” before “be present”;
\(ii\) by striking “serving,” and inserting “serving a
community”; and
\(iii\) by striking “for, that community”; and
\(F\) in subparagraph \(B\) \(as so redesignated\)—
\(i\) by inserting “to” before “potentially”; and
\(ii\) by striking “; and” at the end and inserting a
period; and
\(2\) by adding at the end the following:
“\(3\) Eligibility for assistance or as a beneficiary of
assistance.—For purposes of this subsection, the
Administrator may issue a grant to a State—
“\(A\) that is requesting a grant on behalf of—
“\(i\) a community that, under the affordability criteria
established by the State under section 1452\(d\)\(3\), is
determined by the State to be—
“\(I\) a disadvantaged community; or
“\(II\) a community that may become a disadvantaged
community as a result of carrying out an activity described
in paragraph \(1\); or
“\(ii\) a community with a population of fewer than 10,000
individuals that the Administrator determines does not have
the capacity to incur debt sufficient to finance an activity
described in paragraph \(1\); or
“\(B\) for the benefit of 1 or more owners of drinking water
wells that are not public water systems and are not connected
to a public water system.”.
SA 6021. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. ENERGY CIRCUIT RIDER PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development
Act is amended by inserting after section 378 \(7 U.S.C.
2008m\) the following:
“SEC. 379. ENERGY CIRCUIT RIDER PROGRAM.
“\(a\) Definitions.—In this section:
“\(1\) Eligible entity.—The term \`eligible entity' means—
“\(A\) a State;
“\(B\) an Indian Tribe \(as defined in section 4 of the
Indian Self-Determination and Education Assistance Act \(25
U.S.C. 5304\)\);
“\(C\) a nonprofit organization;
“\(D\) a cooperative extension service;
“\(E\) an institution of higher education; and
“\(F\) a regional planning commission or other public entity
serving 2 or more rural areas.
“\(2\) Energy circuit rider.—The term \`Energy Circuit
Rider' means an individual who is trained to provide and
support, on a professional basis, assistance \(including
technical assistance\) and informed decisionmaking in the
planning, financing, and implementation of energy efficiency
or clean energy projects, including with respect to 1 or more
of the following:
“\(A\) Energy planning.
“\(B\) Energy audits.
“\(C\) Applicable Federal funding opportunities and tax
incentives.
“\(D\) Applicable State, local, and utility-based
incentives, including, as appropriate, coordinating with the
State energy office in that State.
“\(E\) Project financing.
“\(F\) Grant writing.
“\(G\) Community-based capacity building.
“\(3\) Secretary.—The term \`Secretary' means the Secretary,
acting through the Under Secretary for Rural Development.
“\(b\) Establishment.—The Secretary shall establish a
program, to be known as the \`Energy Circuit Rider Program',
under which the Secretary shall provide to eligible entities
grants for the hiring, training, and retention by eligible
entities of 1 or more Energy Circuit Riders.
“\(c\) Grants.—
“\(1\) In general.—To be eligible to receive a grant under
the Energy Circuit Rider Program, an eligible entity shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
“\(2\) Term.—The term of a grant provided under the Energy
Circuit Rider Program shall be more than 3, but not more than
6, years, as the Secretary determines to be appropriate to
achieve the purposes of this section.
“\(3\) Federal share.—The Federal share of the cost of
carrying out activities under the grant shall be not more
than 75 percent.
“\(4\) Priority.—In providing grants under the Energy
Circuit Rider Program, the Secretary shall give priority to
an eligible entity the application under paragraph \(1\) of
which is recommended by the director of the relevant State
rural development office.
“\(d\) Energy Circuit Rider Assistance.—An Energy Circuit
Rider employed by an eligible entity using a grant provided
under this section—
“\(1\) shall offer assistance and support described in
subsection \(a\)\(2\) to not fewer than 2 rural areas served by,
or in the vicinity of, the eligible entity; and
“\(2\) may provide technical assistance to the eligible
entity in applying for—
“\(A\) loans under section 6407\(c\) of the Farm Security and
Rural Investment Act of 2002 \(7 U.S.C. 8107a\(c\)\); and
“\(B\) financial assistance under the Rural Energy for
America Program established under section 9007 of that Act \(7
U.S.C. 8107\).
“\(e\) Information Sharing.—
“\(1\) In general.—The Secretary shall facilitate the
sharing among Energy Circuit Riders of information relating
to best practices.
“\(2\) Information from other agencies.—The Secretary, in
consultation with the Secretary of Energy, the Secretary of
Transportation, the Secretary of the Treasury, the
Administrator of the Environmental Protection Agency, the
Chief of Engineers, and the heads of such other Federal
departments and agencies as the Secretary determines to be
appropriate, shall make available to Energy Circuit Riders
information relating to other Federal incentives available to
eligible entities for energy efficiency and clean energy
projects.
“\(f\) Reports to Congress.—Not less frequently than
annually, the Secretary shall submit to Congress a report
describing the accomplishments of the Energy Circuit Rider
Program, including with respect to—
“\(1\) energy savings;
“\(2\) monetary savings to communities; and
“\(3\) reductions in carbon emissions.
“\(g\) Authorization of Appropriations.—There is authorized
to be appropriated to the Secretary to carry out this section
$25,000,000 for each of fiscal years 2027 through 2031.”.
SA 6022. Mr. SCHMITT submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. STRATEGY TO ENHANCE SECURITY COOPERATION WITH NEW
ZEALAND.
\(a\) Strategy.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
congressional defense committees a strategy to enhance
security cooperation between the United States and New
Zealand.
\(b\) Purposes.—The purposes of the strategy required by
subsection \(a\) are—
\(1\) to strengthen the defense relationship between the
United States and New Zealand;
\(2\) to improve bilateral and multilateral military
interoperability, support security, and stability in the
Indo-Pacific region;
\(3\) to expand cooperation on advanced defense capabilities;
and
\(4\) to identify concrete actions to address shared security
challenges in the Pacific and Antarctic regions.
\(c\) Elements.—The strategy required by subsection \(a\)
shall include the following:
\(1\) An assessment of opportunities to improve information
sharing and intelligence cooperation, as appropriate, with
New Zealand on regional security threats, foreign malign
influence, cyber threats, maritime coercion, and activities
by strategic threats in the Indo-Pacific and Antarctic
regions.
\(2\) An assessment of the current state of United States
defense cooperation with New Zealand, including defense
dialogues, military-to-military engagements, combined
exercises, port visits, personnel exchanges, and other
bilateral or multilateral activities.
\(3\) A roadmap to expand military interoperability between
the United States and New Zealand, including through
increased participation in joint and combined exercises,
expanded staff exchanges, improved operational planning, and
greater coordination with Australia and other regional allies
and partners.
\(4\) An assessment of opportunities to expand defense
industrial base cooperation between the United States and New
Zealand, including with respect to secure supply chains,
aviation sustainment, munitions, maintenance and repair
capacity, trusted vendors, and the integration of New Zealand
industry into allied defense supply chains, as appropriate.
\(5\) An assessment of opportunities to strengthen defense
and logistics cooperation with New Zealand in Antarctica and
the Southern Ocean, including through the Joint Logistics
Pool, Christchurch gateway operations, support for McMurdo
Station and Scott Base, cold-weather operations, airlift and
sealift coordination, medical evacuation, search and rescue,
communications, domain awareness, infrastructure resilience,
and contingency planning for disruption of access to
Antarctica.
\(6\) A list of specific actions, timelines, responsible
Department of Defense components, and resource requirements
necessary to implement the strategy.
\(d\) Form.—The strategy required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
\(e\) Briefing.—Not later than 30 days after the date on
which the strategy required by subsection \(a\) is submitted,
the Secretary of Defense shall provide the congressional
defense committees with a briefing on the strategy, including
planned actions, timelines, responsible offices, resource
requirements, and any legislative recommendations to enhance
defense cooperation between the United States and New
Zealand.
SA 6023. Mr. SCHMITT submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. FAST-TRACKING THIRD PARTY TRANSFERS TO TAIWAN AND
THE PHILIPPINES.
\(a\) Pre-clearance for Transfer of Certain Defense
Articles.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Secretary of Defense, in
conjunction with coordinating entities such as the National
Disclosure Policy Committee, the Arms Transfer and Technology
Release Senior Steering Group, and other relevant entities,
shall compile a list of military platforms, technologies, and
equipment that are pre-cleared for third party transfers and
release to Taiwan and the Philippines.
\(2\) Clarification.—The list compiled under paragraph \(1\)
shall not supersede current or future efforts relating to
arms sales, transfers, and services to Taiwan or the
Philippines.
\(3\) Rules of construction.—Nothing in this section may be
construed—
\(A\) to supersede current and future congressional
notification requirements under the Arms Export Control Act
\(22 U.S.C. 2751 et. seq.\); or
\(B\) to limit or modify the requirements of section 3356 of
title 22, United States Code.
\(b\) Interagency Policy.—The Secretary of State and the
Secretary of Defense shall jointly review and update
interagency policies and implementation guidance relating to
requests to transfer the pre-cleared defense articles
identified in the list compiled under subsection \(a\)\(1\) to
Taiwan or the Philippines in order to incorporate the pre-
clearance provisions of this section.
\(c\) Duplication.—With respect to Taiwan, the Secretary of
State and the Secretary of Defense may treat or incorporate
corresponding articles found in any list compiled under
section 3356 of title 22, United States Code, as satisfying
the requirements of subsection \(a\).
\(d\) Duration.—The requirement under subsection \(a\) shall
continue until the Secretary of State determines and
certifies to the relevant committees of Congress that threats
to Taiwan and the Philippines have significantly abated.
\(e\) Third Party Transfer Defined.—In this section, the
term “third party transfer” means any transfer of the
United States-origin defense articles, services, or technical
data that requires approval of the United States Government
under the Arms Export Control Act \(22 U.S.C. 2751 et seq.\) or
other applicable law.
SA 6024. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . SENSE OF THE SENATE REGARDING FISCAL YEAR 2027
FUNDING DISPARITIES AND DOMESTIC NEEDS.
\(a\) Findings.—The Senate finds the following:
\(1\) The National Defense Authorization Act for Fiscal Year
2027 reported by the Committee on Armed Services of the
Senate authorizes an unprecedented $1,150,000,000,000 for
national defense programs, reinforcing a continuous and
disproportionate escalation in military spending.
\(2\) The United States is currently facing a severe
affordability crisis, with millions of people in the United
States and working families struggling with the skyrocketing
costs of basic necessities, including food, housing, and
healthcare.
\(3\) On July 4, 2025, the enactment of the Act entitled “An
Act to provide for reconciliation pursuant to title II of H.
Con. Res. 14”, approved July 4, 2025 \(Public Law 119-21; 139
Stat. 72\) \(commonly known as, and in this section referred to
as, the “One Big Beautiful Bill Act”\), mandated deep and
devastating structural cuts to essential nondefense safety
net programs.
\(4\) The cuts and administrative hurdles mandated by the One
Big Beautiful Bill Act are projected to slash over
$1,000,000,000,000 in funding for the Medicaid program under
title XIX of the Social Security Act \(42 U.S.C. 1396 et seq.\)
\(in this section referred to as “Medicaid”\) and the Patient
Protection and Affordable Care Act \(Public Law 111-148; 124
Stat. 119\) over the next decade, ripping health care coverage
away from 15,000,000 people in the United States, and putting
over 750 hospitals, nursing homes, and clinics at risk of
closure.
\(5\) Concurrently, sweeping rollbacks and funding
restrictions have severely impacted access to the
supplemental nutrition assistance program established under
the Food and Nutrition Act of 2008 \(7 U.S.C. 2011 et seq.\)
\(in this section referred to as “SNAP”\), a vital lifeline
that millions of women and children depend on to prevent food
insecurity and hunger.
\(6\) National security depends not only on military
readiness, but also on the economic well-being, health, and
stability of the people of the United States.
\(b\) Sense of the Senate.—It is the sense of the Senate
that—
\(1\) the massive funding disparity between defense
expenditures and domestic nondefense investments for fiscal
year 2027 is unacceptable;
\(2\) it is unconscionable to authorize over
$1,100,000,000,000 in defense spending while at the same time
forcing deep cuts to programs like SNAP and Medicaid that
millions of people in the United States rely on to survive;
\(3\) this spending gap will only grow with the proposed
plans for an additional $350,000,000,000 of defense spending
through budget reconciliation and upwards of $80,000,000,000
or more in supplemental defense spending requested to cover
operational shortfalls due to the unauthorized war with Iran;
and
\(4\) Congress must reject this imbalanced approach to
Federal spending and commit to a budget strategy that
balances national security obligations with the urgent,
fundamental human needs of everyday people in the United
States.
SA 6025. Mr. CRAPO \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. PILOT PROGRAM ON PROVISION OF OPIOID RESCUE
MEDICATIONS TO VETERANS.
\(a\) In General.—Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a one-year pilot program
under which the Secretary shall make covered medications
available to any veteran at no charge \(in this section
referred to as the “pilot program”\).
\(b\) Provision of Medication Prior to Confirmation of
Status.—The Secretary may provide covered medication to an
individual under the pilot program prior to confirming the
status of the individual as a veteran if the individual
provides contact information for the individual and a written
self-attestation of veteran status.
\(c\) Site Selection.—The Secretary shall prioritize
carrying out the pilot program in geographical areas where
data indicates a disproportionately high risk of overdose
among the veteran population.
\(d\) Limitation on Use of Information.—
\(1\) In general.—In carrying out this section, the
Secretary may only collect the personally identifiable
information needed for prescribing covered medication under
the pilot program, and any personally identifiable
information collected under this section may be used solely
for the purpose of delivering, evaluating, and enhancing the
quality of health care.
\(2\) Exclusion.—The Secretary may not use any personally
identifiable information collected under this section—
\(A\) for the purpose of preventing a veteran from
employment;
\(B\) as evidence of a history of drug use; or
\(C\) as evidence that an individual is an unlawful user of
or addicted to any controlled substance.
\(e\) Provision of Information.—The Secretary shall ensure
that any individual who receives covered medication under the
pilot program also receives—
\(1\) information about addiction services, suicide
prevention services, mental health services, and other
related services provided by the Department of Veterans
Affairs; and
\(2\) information on the use and application of covered
medications.
\(f\) Report.—
\(1\) In general.—Not later than 30 days before the
completion of the pilot program under this section, the
Secretary shall submit to Congress a report on the pilot
program.
\(2\) Elements.—The report required by paragraph \(1\) shall
include the following:
\(A\) The number of veterans who received a covered
medication under the pilot program, disaggregated by those
enrolled in the system of annual patient enrollment of the
Department of Veterans Affairs under section 1705\(a\) of title
38, United States Code, and those not enrolled in such
system.
\(B\) An assessment of the feasibility of expanding the pilot
program to provide covered medications to immediate family
members of veterans.
\(C\) Any considerations associated with continuing,
expanding, or making permanent the pilot program.
\(D\) Any other recommendations of the Secretary with respect
to modifying or continuing the pilot program.
\(g\) Definitions.—In this section:
\(1\) Covered medication.—The term “covered medication”
means any opioid overdose rescue medication, such as
naloxone.
\(2\) Veteran.—The term “veteran” has the meaning given
that term in section 101 of title 38, United States Code.
SA 6026. Mr. CRAPO \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Bring Our Heroes Home Act
SEC. 1096. SHORT TITLE.
This subtitle may be cited as the “Bring Our Heroes Home
Act”.
SEC. 1097. DEFINITIONS.
In this subtitle:
\(1\) Archivist.—The term “Archivist” means the Archivist
of the United States.
\(2\) Collection.—The term “Collection” means the Missing
Armed Forces and Civilian Personnel Records Collection
established under section 1098\(a\).
\(3\) Executive agency.—The term “Executive agency”—
\(A\) means an agency, as defined in section 552\(f\) of title
5, United States Code;
\(B\) includes any Executive department, military department,
Government corporation, Government controlled corporation, or
other establishment in the executive branch of the Federal
Government, including the Executive Office of the President,
any branch of the Armed Forces, and any independent
regulatory agency; and
\(C\) does not include any non-appropriated agency,
department, corporation, or establishment.
\(4\) Executive director.—The term “Executive Director”
means the Executive Director of the Review Board.
\(5\) Government office.—The term “Government office”
means an Executive agency, the Library of Congress, or the
National Archives.
\(6\) Missing armed forces and civilian personnel.—The term
“missing Armed Forces and civilian personnel”—
\(A\) means 1 or more missing persons; and
\(B\) includes an individual who was a missing person and
whose status was later changed to “missing and presumed
dead”.
\(7\) Missing armed forces and civilian personnel record.—
The term “missing Armed Forces and civilian personnel
record” means a record that relates, directly or indirectly,
to the loss, fate, or status of missing Armed Forces and
civilian personnel that—
\(A\) was created or made available for use by, obtained by,
or otherwise came into the custody, possession, or control
of—
\(i\) any Government office;
\(ii\) any Presidential library; or
\(iii\) any of the Armed Forces; and
\(B\) relates to 1 or more missing Armed Forces and civilian
personnel who became missing persons during the period—
\(i\) beginning on December 7, 1941; and
\(ii\) ending on the date of enactment of this Act.
\(8\) Missing person.—The term “missing person” means—
\(A\) a person described in paragraph \(1\) of section 1513 of
title 10, United States Code; and
\(B\) any other civilian employee of the Federal Government
or an employee of a contractor of the Federal Government who
serves in direct support of, or accompanies, the Armed Forces
in the field under orders and who is in a missing status \(as
that term is defined in paragraph \(2\) of such section 1513\).
\(9\) National archives.—The term “National Archives”—
\(A\) means the National Archives and Records Administration;
and
\(B\) includes any component of the National Archives and
Records Administration \(including Presidential archival
depositories established under section 2112 of title 44,
United States Code\).
\(10\) Official investigation.—The term “official
investigation” means a review, briefing, inquiry, or hearing
relating to missing Armed Forces and civilian personnel
conducted by a Presidential commission, committee of
Congress, or agency, regardless of whether it is conducted
independently, at the request of any Presidential commission
or committee of Congress, or at the request of any official
of the Federal Government.
\(11\) Originating body.—The term “originating body” means
the Government office or other initial source that created a
record or particular information within a record.
\(12\) Public interest.—The term “public interest” means
the compelling interest in the prompt public disclosure of
missing Armed Forces and civilian personnel records for
historical and governmental purposes, for public research,
and for the purpose of fully informing the people of the
United States, most importantly families of missing Armed
Forces and civilian personnel, about the fate of the missing
Armed Forces and civilian personnel and the process by which
the Federal Government has sought to account for them.
\(13\) Record.—The term “record” has the meaning given the
term “records” in section 3301 of title 44, United States
Code.
\(14\) Review board.—The term “Review Board” means the
Missing Armed Forces and Civilian Personnel Records Review
Board established under section 1099B.
SEC. 1098. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS COLLECTION AT THE NATIONAL ARCHIVES.
\(a\) Establishment of Collection.—Not later than 90 days
after a quorum of the Missing Armed Forces and Civilian
Personnel Records Review Board has been established under
section 1099B, the Archivist shall—
\(1\) commence establishment of a collection of records to be
known as the “Missing Armed Forces and Civilian Personnel
Records Collection”;
\(2\) commence preparing the subject guidebook and index to
the Collection; and
\(3\) establish criteria and acceptable formats for Executive
agencies to follow when transmitting copies of missing Armed
Forces and civilian personnel records to the Archivist, to
include required metadata, including applicable information
privacy safeguards.
\(b\) Regulations.—Not later than 90 days after the date of
the swearing in of the Review Board members, the Review Board
shall promulgate rules to establish guidelines and processes
for the disclosure of records contained in the Collection,
including applicable information privacy safeguards.
\(c\) Oversight.—
\(1\) Senate.—The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
jurisdiction, including legislative oversight jurisdiction,
in the Senate with respect to the Collection.
\(2\) House of representatives.—The Committee on Oversight
and Government Reform of the House of Representatives shall
have continuing jurisdiction, including legislative oversight
jurisdiction, in the House of Representatives with respect to
the Collection.
SEC. 1099. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS BY GOVERNMENT OFFICES.
\(a\) In General.—
\(1\) Preparation.—As soon as practicable after the date of
enactment of this Act, and sufficiently in advance of the
deadlines established under this subtitle, each Government
office shall—
\(A\) identify and locate any missing Armed Forces and
civilian personnel records in the custody, possession, or
control of the Government office, including intelligence
reports, congressional inquiries, memoranda to or from the
White House and other Federal departments and agencies,
Prisoner of War \(POW\) debriefings, live sighting reports,
documents relating to POW camps, movement of POWs,
exploitation of POWs, experimentation on POWs, or status
changes from Missing in Action \(MIA\) to Killed in Action
\(KIA\); and
\(B\) prepare for transmission to the Archivist in accordance
with the criteria and acceptable formats established by the
Archivist a copy of any missing Armed Forces and civilian
personnel records that have not previously been transmitted
to the Archivist by the Government office.
\(2\) Certification.—Each Government office shall submit to
the Archivist, under penalty of perjury, a certification
indicating—
\(A\) whether the Government office has conducted a thorough
search for all missing Armed Forces and civilian personnel
records in the custody, possession, or control of the
Government office; and
\(B\) whether a copy of any missing Armed Forces and civilian
personnel record has not been transmitted to the Archivist.
\(3\) Preservation.—No missing Armed Forces and civilian
personnel record shall be destroyed, altered, or mutilated in
any way.
\(4\) Effect of previous disclosure.—Information that was
made available or disclosed to the public before the date of
enactment of this Act in a missing Armed Forces and civilian
personnel record may not be withheld, redacted, postponed for
public disclosure, or reclassified.
\(5\) Withheld and substantially redacted records.—
\(A\) In general.—For any missing Armed Forces and civilian
personnel record that is transmitted to the Archivist which a
Government office proposes to substantially redact or
withhold in full from public access, the head of the
Government office shall submit an unclassified and publicly
releasable report to the Archivist, the Review Board, and
each appropriate committee of the Senate and the House of
Representatives justifying the decision of the Government
office to substantially redact or withhold the record by
demonstrating that the release of information would clearly
and demonstrably be expected to cause an articulated harm,
and that the harm would be of such gravity as to outweigh the
public interest in access to the information.
\(B\) Rulemaking.—The Archivist shall promulgate regulations
to define the term “substantially redacted record” for
purposes of subparagraph \(A\).
\(b\) Review.—
\(1\) In general.—Except as provided under paragraph \(5\),
not later than 270 days after a quorum of the Review Board
has been established under section 1099B, each Government
office shall, in accordance with the criteria and acceptable
formats established by the Archivist—
\(A\) identify, locate, copy, and review each missing Armed
Forces and civilian personnel record in the custody,
possession, or control of the Government office for
transmission to the Archivist and disclosure to the public
or, if needed, review by the Review Board; and
\(B\) cooperate fully, in consultation with the Archivist, in
carrying out paragraph \(3\).
\(2\) Requirement.—The Review Board shall promulgate rules
for the disclosure of relevant records by Government offices
under paragraph \(1\).
\(3\) National archives records.—Not later than 270 days
after a quorum of the Review Board has been established under
section 1099B, the Archivist shall—
\(A\) locate and identify all missing Armed Forces and
civilian personnel records in the custody of the National
Archives as of the date of enactment of this Act that remain
classified, in whole or in part;
\(B\) notify a Government office if the Archivist locates and
identifies a record of the Government office under
subparagraph \(A\); and
\(C\) make each classified missing Armed Forces and civilian
personnel record located and identified under subparagraph
\(A\) available for review by Executive agencies through the
National Declassification Center established under Executive
Order 13526 \(50 U.S.C. 3161 note; relating to classified
national security information\), or any successor order.
\(4\) Records already public.—A missing Armed Forces and
civilian personnel record that is in the custody of the
National Archives on the date of enactment of this Act and
that has been publicly available in its entirety without
redaction shall be made available in the Collection without
any additional review by the Archivist, the Review Board, or
any other Government office under this subtitle.
\(5\) Exemptions.—
\(A\) Department of defense pow/mia accounting agency.—The
Defense POW/MIA Accounting Agency is exempt from the
requirement under this subsection to declassify and transmit
to the Archivist documents in its custody or control that
pertain to a specific case or cases that the Defense POW/MIA
Accounting Agency is actively investigating or developing for
the purpose of locating, disinterring, or identifying a
missing member of the Armed Forces.
\(B\) Department of defense military service casualty offices
and department of state service casualty offices.—The
Department of Defense Military Service Casualty Offices and
the Department of State Service Casualty Offices are exempt
from the requirement to declassify and transmit to the
Archivist documents in their custody or control that pertain
to individual cases with respect to which the office is
lending support and assistance to the families of missing
individuals.
\(c\) Transmission to the National Archives.—Each Government
office shall—
\(1\) not later than 270 days after a quorum of the Review
Board has been established under section 1099B, commence
transmission to the Archivist of copies of the missing Armed
Forces and civilian personnel records in the custody,
possession, or control of the Government office, except for
records described in subsection \(a\)\(5\); and
\(2\) not later than 1 year after a quorum of the Review
Board has been established under section 1099B, complete
transmission to the Archivist of copies of all missing Armed
Forces and civilian personnel records in the possession or
control of the Government office.
\(d\) Periodic Review of Postponed Missing Armed Forces and
Civilian Personnel Records.—
\(1\) In general.—All missing Armed Forces and civilian
personnel records, or information within a missing Armed
Forces and civilian personnel record, the public disclosure
of which has been postponed under the standards under this
subtitle shall be reviewed by the originating body—
\(A\)\(i\) periodically, but not less than every 5 years, after
the date on which the Review Board terminates under section
1099B\(p\); and
\(ii\) at the direction of the Archivist; and
\(B\) consistent with the recommendations of the Review Board
under section 1099D\(b\)\(3\)\(B\).
\(2\) Contents.—
\(A\) In general.—A periodic review of a missing Armed
Forces and civilian personnel record, or information within a
missing Armed Forces and civilian personnel record, by the
originating body shall address the public disclosure of the
missing Armed Forces and civilian personnel record under the
standards under this subtitle.
\(B\) Continued postponement.—If an originating body
conducting a periodic review of a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which has been postponed under the standards
under this subtitle, determines that continued postponement
is required, the originating body shall provide to the
Archivist an unclassified written description of the reason
for the continued postponement that the Archivist shall
highlight and make accessible on a publicly accessible
website administered by the National Archives.
\(C\) Scope.—The periodic review of postponed missing Armed
Forces and civilian personnel records, or information within
a missing Armed Forces and civilian personnel record, shall
provide expeditious public disclosure of missing Armed Forces
and civilian personnel records, to the fullest extent
possible, subject only to the grounds for postponement of
disclosure under section 1099A.
\(D\) Disclosure absent certification by president.—Not
later than 10 years after the date on which a quorum of the
Review Board has been established under section 1099B, all
missing Armed Forces and civilian personnel records, and
information within a missing Armed Forces and civilian
personnel record, shall be publicly disclosed in full, and
available in the Collection, unless—
\(i\) the head of the originating body, Executive agency, or
other Government office recommends in writing that continued
postponement is necessary;
\(ii\) the written recommendation described in clause \(i\)—
\(I\) is provided to the Archivist in unclassified and
publicly releasable form not later than 180 days before the
date that is 10 years the date on which a quorum of the
Review Board has been established under section 1099B; and
\(II\) includes—
\(aa\) a justification of the recommendation to postpone
disclosure with clear and convincing evidence that the
identifiable harm is of such gravity that it outweighs the
public interest in disclosure; and
\(bb\) a recommended specified time at which or a specified
occurrence following which the material may be appropriately
disclosed to the public under this subtitle;
\(iii\) the Archivist transmits all recommended postponements
and the recommendation of the Archivist to the President not
later than 90 days before the date that is 10 years after the
date on which a quorum of the Review Board has been
established under section 1099B; and
\(iv\) the President transmits to the Archivist a
certification indicating that continued postponement is
necessary and the identifiable harm, as demonstrated by clear
and convincing evidence, is of such gravity that it outweighs
the public interest in disclosure not later than the date
that is 10 years after the date on which a quorum of the
Review Board has been established under section 1099B.
\(e\) Records Management.—In carrying out this section, the
Archivist shall comply with any applicable statutory or
regulatory requirement related to records management.
SEC. 1099A. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
RECORDS.
\(a\) In General.—Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created after the date that is 25 years before the
date of the review of the missing Armed Forces and civilian
personnel record by the Archivist may be postponed subject to
the limitations under this subtitle only—
\(1\) if—
\(A\) it pertains to—
\(i\) military plans, weapons systems, or operations;
\(ii\) foreign government information;
\(iii\) intelligence activities \(including covert action\),
intelligence sources or methods, or cryptology;
\(iv\) foreign relations or foreign activities of the United
States, including confidential sources;
\(v\) scientific, technological, or economic matters relating
to the national security;
\(vi\) United States Government programs for safeguarding
nuclear materials or facilities;
\(vii\) vulnerabilities or capabilities of systems,
installations, infrastructures, projects, plans, or
protection services relating to the national security; or
\(viii\) the development, production, or use of weapons of
mass destruction; and
\(B\) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure;
\(2\) if the information is protected from disclosure under
section 552\(b\) of title 5, United States Code \(commonly known
as the “Freedom of Information Act”\); or
\(3\) if it reveals information described in paragraphs \(1\)
through \(9\) of section 3.3\(b\) of Executive Order 13526 \(50
U.S.C. 3161 note; relating to classified national security
information\).
\(b\) Older Records.—Disclosure to the public of a missing
Armed Forces and civilian personnel record or particular
information in a missing Armed Forces and civilian personnel
record created on or before the date that is 25 years before
the date of the review of the missing Armed Forces and
civilian personnel record by the Archivist may be postponed
subject to the limitations under this subtitle only if, as
demonstrated by clear and convincing evidence—
\(1\) the release of the information would be expected to—
\(A\) reveal the identity of a confidential human source, a
human intelligence source, a relationship with an
intelligence or security service of a foreign government or
international organization, or a nonhuman intelligence
source, or impair the effectiveness of an intelligence method
currently in use, available for use, or under development;
\(B\) reveal information that would impair United States
cryptologic systems or activities;
\(C\) reveal formally named or numbered United States
military war plans that remain in effect, or reveal
operational or tactical elements of prior plans that are
contained in such active plans; or
\(D\) reveal information, including foreign government
information, that would cause serious harm to relations
between the United States and a foreign government, or to
ongoing diplomatic activities of the United States; and
\(2\) the threat posed by the public disclosure of the
missing Armed Forces and civilian personnel record or
information is of such gravity that it outweighs the public
interest in disclosure.
\(c\) Exception.—Regardless of the date on which a missing
Armed Forces and civilian personnel record was created,
disclosure to the public of information in the missing Armed
Forces and civilian personnel record may be postponed if—
\(1\) the public disclosure of the information would reveal
the name or identity of a living person who provided
confidential information to the United States and would pose
a substantial risk of harm to that person, in accordance with
section 552\(b\)\(7\)\(D\) of title 5, United States Code.
\(2\) the public disclosure of the information could
reasonably be expected to constitute an unwarranted invasion
of personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest;
\(3\) the public disclosure of the information could
reasonably be expected to cause harm to the methods currently
in use or available for use by members of the Armed Forces to
survive, evade, resist, or escape; or
\(4\) the public disclosure of such information would
conflict with United States law, regulations, or executive
orders, including any law, regulation, or executive order
governing the disclosure of classified information.
SEC. 1099B. ESTABLISHMENT AND POWERS OF THE MISSING ARMED
FORCES AND CIVILIAN PERSONNEL RECORDS REVIEW
BOARD.
\(a\) Establishment.—There is established as an independent
establishment in the executive branch a board to be known as
the “Missing Armed Forces and Civilian Personnel Records
Review Board” to ensure and facilitate the review,
transmission to the Archivist, and public disclosure of
missing Armed Forces and civilian personnel records.
\(b\) Membership.—
\(1\) Appointments.—The Review Board shall be composed of 5
members appointed by the President, subject to the advice and
consent of the Senate, of whom—
\(A\) 1 shall be appointed in consultation with the Archivist
of the United States and shall serve as the Chairperson of
the Review Board;
\(B\) 1 shall be appointed in consultation with the majority
leader of the Senate;
\(C\) 1 shall be appointed in consultation with the minority
leader of the Senate;
\(D\) 1 shall be appointed in consultation with the Speaker
of the House of Representatives; and
\(E\) 1 shall be appointed in consultation with the minority
leader of the House of Representatives.
\(2\) Qualifications.—The members of the Review Board
shall—
\(A\) be appointed without regard to political affiliation;
\(B\) be citizens of the United States of integrity and
impartiality;
\(C\) not be employees of an Executive agency on the date of
the appointment;
\(D\) have high national professional reputation in their
fields and be capable of exercising the independent and
objective judgment necessary to the fulfillment of their role
in ensuring and facilitating the identification, location,
review, transmission to the Archivist, and public disclosure
of missing Armed Forces and civilian personnel records;
\(E\) possess an appreciation of the value of missing Armed
Forces and civilian personnel records to scholars, the
Federal Government, and the public, particularly families of
missing Armed Forces and civilian personnel;
\(F\) include at least 1 professional historian; and
\(G\) include at least 1 attorney.
\(3\) Consultation with the office of government ethics.—In
considering persons to be appointed to the Review Board, the
President shall consult with the Director of the Office of
Government Ethics to—
\(A\) determine criteria for possible conflicts of interest
of members of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
\(B\) ensure that no individual selected for such position of
member of the Review Board possesses a conflict of interest
as so determined.
\(4\) Consultation.—Appointments to the Review Board shall
be made after considering individuals recommended by the
American Historical Association, the Organization of American
Historians, the Society of American Archivists, the American
Bar Association, veterans' organizations, and organizations
representing families of missing Armed Forces and civilian
personnel.
\(c\) Security Clearances.—
\(1\) In general.—Each member of the Review Board shall seek
appropriate security clearances necessary to carry out the
duties of the Review Board.
\(2\) Review.—The appropriate departments, agencies, and
elements of the executive branch of the Federal Government
shall cooperate to ensure that an application by an
individual nominated to be a member of the Review Board
seeking a security clearance under paragraph \(1\) is
expeditiously reviewed and granted or denied.
\(d\) Consideration by the Senate.—Nominations for
appointment under subsection \(b\)\(1\)\(A\) shall be referred to
the Committee on Homeland Security and Governmental Affairs
of the Senate for consideration.
\(e\) Vacancy.—Not later than 60 days after the date on
which a vacancy on the Review Board occurs, the vacancy shall
be filled in the same manner as specified for original
appointment.
\(f\) Chairperson Needed for Quorum.—A majority of the
members of the Review Board, including the Chairperson
appointed and confirmed pursuant to subsection \(b\)\(1\)\(A\),
shall constitute a quorum.
\(g\) Removal of Review Board Member.—
\(1\) In general.—A member of the Review Board shall not be
removed from office, other than—
\(A\) by impeachment by Congress; or
\(B\) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
\(2\) Judicial review.—
\(A\) In general.—A member of the Review Board removed from
office may obtain judicial review of the removal in a civil
action commenced in the United States District Court for the
District of Columbia.
\(B\) Relief.—The member may be reinstated or granted other
appropriate relief by order of the court.
\(3\) Notice of removal.—If a member of the Review Board is
removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Governemnt Reform of the House
of Representatives a report specifying the facts found and
the grounds for the removal.
\(h\) Compensation of Members.—
\(1\) Basic pay.—A member of the Review Board shall be
treated as an employee of the executive branch and
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day, including travel time, during
which the member is engaged in the performance of the duties
of the Review Board.
\(2\) Travel expenses.—A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
\(i\) Duties of the Review Board.—
\(1\) In general.—The Review Board shall consider and render
a decision on a determination by a Government office to seek
to postpone the disclosure of a missing Armed Forces and
civilian personnel record, in whole or in part.
\(2\) Records.—In carrying out paragraph \(1\), the Review
Board shall consider and render a decision regarding—
\(A\) whether a record constitutes a missing Armed Forces and
civilian personnel record; and
\(B\) whether a missing Armed Forces and civilian personnel
record, or particular information in a missing Armed Forces
and civilian personnel record, qualifies for postponement of
disclosure under this subtitle.
\(j\) Powers.—
\(1\) In general.—The Review Board shall have the authority
to act in a manner prescribed under this subtitle, including
the authority to—
\(A\) direct Government offices to transmit to the Archivist
missing Armed Forces and civilian personnel records as
required under this subtitle;
\(B\) direct Government offices to transmit to the Archivist
substitutes and summaries of missing Armed Forces and
civilian personnel records that can be publicly disclosed to
the fullest extent for any missing Armed Forces and civilian
personnel record that is proposed for postponement in full or
that is substantially redacted;
\(C\) obtain access to missing Armed Forces and civilian
personnel records that have been identified by a Government
office;
\(D\) direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals, which the Review Board has reason to
believe is required to fulfill the functions and
responsibilities of the Review Board under this subtitle;
\(E\) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence,
administer such oaths, and subpoena documents as the Review
Board considers advisable to carry out the responsibilities
of the Review Board under this subtitle;
\(F\) subpoena private persons to compel the production of
documents and other records relevant to the responsibilities
of the Review Board under this subtitle;
\(G\) require any Government office to account in writing for
the destruction of any records relating to the loss, fate, or
status of missing Armed Forces and civilian personnel;
\(H\) receive information from the public regarding the
identification and public disclosure of missing Armed Forces
and civilian personnel records; and
\(I\) make a final determination regarding whether a missing
Armed Forces and civilian personnel record will be disclosed
to the public or disclosure of the missing Armed Forces and
civilian personnel record to the public will be postponed,
notwithstanding the determination of an Executive agency.
\(2\) Enforcement of subpoenas.—Any subpoena issued under
the Review Board under this subsection may be enforced by any
appropriate Federal court acting pursuant to a lawful request
of the Review Board.
\(k\) Presidential Authority Over Review Board
Determination.—
\(1\) Public disclosure or postponement of disclosure.—After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
missing Armed Forces and civilian personnel record or
information contained in a missing Armed Forces and civilian
personnel record, obtained or developed solely within the
executive branch, the President—
\(A\) shall have the sole and nondelegable authority to
require the disclosure or postponement of such record or
information under the standards set forth in sections 1099
and 1099A; and
\(B\) shall provide the Review Board with an unclassified
written certification specifying the President's decision
within 30 days after the Review Board's determination and
notice to the Executive agency as required under this
subtitle, stating the justification for the President's
decision, including the applicable grounds for postponement
under section 1099A.
\(2\) Periodic review.—Any missing Armed Forces and civilian
personnel record for which public disclosure is postponed by
the President shall be subject to the requirements of
periodic review and declassification of classified
information and public disclosure in the Collection set forth
in section 1099.
\(3\) Record of presidential postponement.—The Review Board
shall, upon its receipt, publish in the Federal Register a
copy of any unclassified written certification, statement, or
other materials transmitted by or on behalf of the President
with regard to postponement of the public disclosure of
missing Armed Forces and civilian personnel records under
section 1099A.
\(l\) Witness Immunity.—The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code.
\(m\) Oversight.—
\(1\) In general.—The Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives shall—
\(A\) have continuing legislative oversight jurisdiction with
respect to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board; and
\(B\) not later than 10 days after submitting a request, be
provided access to any records held or created by the Review
Board.
\(2\) Duty of review board.—The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
under paragraph \(1\).
\(3\) Security clearances.—The Chair and Ranking Members of
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Government
Reform of the House of Representatives, and designated
Committee staff, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
\(n\) Support Services.—The Administrator of General
Services shall provide administrative services for the Review
Board on a reimbursable basis.
\(o\) Interpretive Regulations.—The Review Board may issue
interpretive regulations if the Review Board finds such
regulation to be necessary and appropriate.
\(p\) Termination and Winding up.—
\(1\) In general.—On the date that is 2 years after the date
of enactment of this Act, the Review Board shall, by majority
vote, determine whether all Government offices have complied
with the obligations, mandates, and directives under this
subtitle.
\(2\) Termination date.—The Review Board shall terminate on
the date that is 4 years after the date on which members of
the Review Board are sworn in to the Review Board.
\(3\) Report.—Before the termination of the Review Board
under paragraph \(2\), the Review Board shall submit to
Congress reports, including a complete and accurate
accounting of expenditures during its existence, and shall
complete all other reporting requirements under this
subtitle.
\(4\) Records.—Upon termination of the Review Board, the
Review Board shall transfer all records of the Review Board
to the Archivist for inclusion in the Collection, and no
record of the Review Board shall be destroyed.
SEC. 1099C. MISSING ARMED FORCES AND CIVILIAN PERSONNEL
RECORDS REVIEW BOARD PERSONNEL.
\(a\) Executive Director.—
\(1\) In general.—Not later than 45 days after the initial
meeting of the Review Board, the Review Board shall appoint
an individual to the position of Executive Director.
\(2\) Qualifications.—The individual appointed as Executive
Director—
\(A\) shall be a citizen of the United States of integrity
and impartiality;
\(B\) shall be appointed without regard to political
affiliation; and
\(C\) shall not have any conflict of interest with the
mission of the Review Board.
\(3\) Consultation with the office of government ethics.—In
their consideration of the person to be appointed to the
position of Executive Director, the Review Board shall
consult with the Director of the Office of Government Ethics
to—
\(A\) determine criteria for possible conflicts of interest
of the Executive Director, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
\(B\) ensure that no individual selected for such position of
Executive Director possesses a conflict of interest as so
determined.
\(4\) Security clearance.—
\(A\) In general.—The individual appointed as Executive
Director shall have the security clearance necessary to carry
out the duties of the position at the time of appointment.
\(B\) Expedited provision.—The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual nominated to be Executive Director, seeking
security clearances necessary to carry out the duties of the
Executive Director, is expeditiously reviewed and granted or
denied.
\(5\) Duties.—The Executive Director shall—
\(A\) serve as principal liaison to Government offices;
\(B\) be responsible for the administration and coordination
of the review of records by the Review Board;
\(C\) be responsible for the administration of all official
activities conducted by the Review Board; and
\(D\) not have the authority to decide or determine whether
any record should be disclosed to the public or postponed for
disclosure.
\(6\) Removal.—The Executive Director may be removed by a
majority vote of the Review Board.
\(b\) Staff.—
\(1\) In general.—The Review Board may, in accordance with
the civil service laws, but without regard to civil service
law and regulation for competitive service as defined in
subchapter I of chapter 33 of title 5, United States Code,
appoint and terminate additional employees as are necessary
to enable the Review Board and the Executive Director to
perform their duties under this subtitle.
\(2\) Treatment as employees of executive branch.—The
Executive Director and other employees of the Review Board
shall be treated as employees of the executive branch.
\(3\) Qualifications.—An individual appointed to a position
as an employee of the Review Board—
\(A\) shall be a citizen of the United States of integrity
and impartiality; and
\(B\) shall not have had any previous involvement with any
official investigation or inquiry relating to the loss, fate,
or status of missing Armed Forces and civilian personnel.
\(4\) Consultation with the office of government ethics.—In
their consideration of persons to be appointed as staff of
the Review Board, the Review Board shall consult with the
Director of the Office of Government Ethics to—
\(A\) determine criteria for possible conflicts of interest
of staff of the Review Board, consistent with ethics laws,
statutes, and regulations for executive branch employees; and
\(B\) ensure that no individual selected for such position of
staff of the Review Board possesses a conflict of interest as
so determined.
\(5\) Security clearance.—
\(A\) In general.—An individual appointed as an employee of
the Review Board shall have the security clearance necessary
to carry out the duties of the position at the time of
appointment.
\(B\) Expedited provision.—The appropriate departments,
agencies, and elements of the executive branch of the Federal
Government shall cooperate to ensure that an application by
an individual who is a candidate for a position with the
Review Board, seeking security clearances necessary to carry
out the duties of the position, is expeditiously reviewed and
granted or denied.
\(c\) Compensation.—The Review Board shall fix the
compensation of the Executive Director and other employees of
the Review Board described in subsection \(b\) without regard
to chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of pay
for the Executive Director and other employees may not exceed
the rate payable for level V of the Executive Schedule under
section 5316 of title 5, United States Code.
\(d\) Advisory Committees.—
\(1\) In general.—The Review Board may create 1 or more
advisory committees to assist in fulfilling the
responsibilities of the Review Board under this subtitle.
\(2\) Applicability of faca.—Any advisory committee created
by the Review Board shall be subject to chapter 10 of title
5, United States Code.
SEC. 1099D. REVIEW OF RECORDS BY THE MISSING ARMED FORCES AND
CIVILIAN PERSONNEL RECORDS REVIEW BOARD.
\(a\) Startup Requirements.—The Review Board shall—
\(1\) not later than 90 days after the date on which all
members are sworn in, publish an
initial schedule for review of all missing Armed Forces and
civilian personnel records, which the Archivist shall
highlight and make available on a publicly accessible website
administered by the National Archives; and
\(2\) not later than 180 days after the swearing in of the
Review Board members, begin reviewing missing Armed Forces
and civilian personnel records, as necessary, under this
subtitle.
\(b\) Determination of the Review Board.—
\(1\) In general.—The Review Board shall direct that all
records that relate, directly or indirectly, to the loss,
fate, or status of missing Armed Forces and civilian
personnel be transmitted to the Archivist and disclosed to
the public in the Collection in the absence of clear and
convincing evidence that the record is not a missing Armed
Forces and civilian personnel record.
\(2\) Postponement.—In approving postponement of public
disclosure of a missing Armed Forces and civilian personnel
record, or information within a missing Armed Forces and
civilian personnel record, the Review Board shall seek to
carry out the following:
\(A\) Provide for the disclosure of segregable parts,
substitutes, or summaries of the missing Armed Forces and
civilian personnel record.
\(B\) Determine, in consultation with the originating body
and consistent with the standards for postponement under this
subtitle, which of the following alternative forms of
disclosure shall be made by the originating body:
\(i\) Any reasonably segregable particular information in a
missing Armed Forces and civilian personnel record.
\(ii\) A substitute record for that information which is
postponed.
\(iii\) A summary of a missing Armed Forces and civilian
personnel record.
\(3\) Reporting.—With respect to a missing Armed Forces and
civilian personnel record, or information within a missing
Armed Forces and civilian personnel record, the public
disclosure of which is postponed under this subtitle, or for
which only substitutions or summaries have been disclosed to
the public, the Review Board shall create and transmit to the
Archivist, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives an unclassified and publicly releasable
report containing—
\(A\) a description of actions by the Review Board, the
originating body, or any Government office \(including a
justification of any such action to postpone disclosure of
any record or part of any record\) and of any official
proceedings conducted by the Review Board; and
\(B\) a statement, based on a review of the proceedings and
in conformity with the decisions reflected therein,
designating a recommended specified time at which, or a
specified occurrence following which, the material may be
appropriately disclosed to the public under this subtitle,
which the Review Board shall disclose to the public with
notice thereof, reasonably calculated to make interested
members of the public aware of the existence of the
statement.
\(4\) Actions after determination.—
\(A\) In general.—Not later than 30 days after the date of a
determination by the Review Board that a missing Armed Forces
and civilian personnel record shall be publicly disclosed in
the Collection or postponed for disclosure, the Review Board
shall notify the head of the originating body of the
determination and highlight and make available the
determination on a publicly accessible website reasonably
calculated to make interested members of the public aware of
the existence of the determination.
\(B\) Oversight notice.—Simultaneous with notice under
subparagraph \(A\), the Review Board shall provide notice of a
determination concerning the public disclosure or
postponement of disclosure of a missing Armed Forces and
civilian personnel record, or information contained within a
missing Armed Forces and civilian personnel record, which
shall include a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards in section
1099A to the President, to the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of
Representatives.
\(5\) Referral after termination.—A missing Armed Forces and
civilian personnel record that is identified, located, or
otherwise discovered after the date on which the Review Board
terminates shall be transmitted to the Archivist for the
Collection and referred to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives for review, ongoing oversight and, as
warranted, referral for possible enforcement action relating
to a violation of this subtitle and determination as to
whether declassification of the missing Armed Forces and
civilian personnel is warranted under this subtitle.
\(c\) Notice to Public.—Every 30 days, beginning on the date
that is 60 days after the date on which the Review Board
first approves the postponement of disclosure of a missing
Armed Forces and civilian personnel record, the Review Board
shall highlight and make accessible on a publicly available
website reasonably calculated to make interested members of
the public aware of the existence of the postponement a
notice that summarizes the postponements approved by the
Review Board, including a description of the subject,
originating body, length or other physical description, and
each ground for postponement that is relied upon.
\(d\) Reports by the Review Board.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, and every year thereafter until the
Review Board terminates, the Review Board shall submit a
report regarding the activities of the Review Board to—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(B\) the Committee on Oversight and Government Reform of the
House of Representatives;
\(C\) the President;
\(D\) the Archivist; and
\(E\) the head of any Government office the records of which
have been the subject of Review Board activity.
\(2\) Contents.—Each report under paragraph \(1\) shall
include the following information:
\(A\) A financial report of the expenses for all official
activities and requirements of the Review Board and its
employees.
\(B\) The progress made on review, transmission to the
Archivist, and public disclosure of missing Armed Forces and
civilian personnel records.
\(C\) The estimated time and volume of missing Armed Forces
and civilian personnel records involved in the completion of
the duties of the Review Board under this subtitle.
\(D\) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to carry out its duties under
this subtitle.
\(E\) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized under this subtitle, and a record of the
volume of records reviewed and postponed.
\(F\) Suggestions and requests to Congress for additional
legislative authority needs.
\(G\) An appendix containing copies of reports relating to
postponed records submitted to the Archivist under subsection
\(b\)\(3\) since the end of the period covered by the most recent
report under paragraph \(1\).
\(3\) Copies and briefs.—Coincident with the reporting
requirements in paragraph \(2\), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum, the President, the
Archivist, leadership of Congress, the Chair and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives, and the Chairs, Ranking Members, Vice
Chairs, as the case may be, of such other committees as
leadership of Congress determines appropriate on—
\(A\) recommendations for periodic review, downgrading, and
declassification, as well as the exact time or specified
occurrence following which specific missing Armed Forces and
civilian material may be appropriately disclosed;
\(B\) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
\(C\) any other findings that the Review Board chooses to
offer; and
\(D\) an addendum containing copies of reports of postponed
records to the Archivist required under subsection \(b\)\(3\)
made since the date of the preceding report under this
subsection.
\(4\) Termination notice.—Not later than 90 days before the
Review Board expects to complete the work of the Review Board
under this subtitle, the Review Board shall provide written
notice to Congress of the intent of the Review Board to
terminate operations at a specified date.
SEC. 1099E. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
\(a\) Materials Under Seal of Court.—
\(1\) In general.—The Review Board may request the Attorney
General to petition any court of the United States or of a
foreign country to release any information relevant to the
loss, fate, or status of missing Armed Forces and civilian
personnel that is held under seal of the court.
\(2\) Grand jury information.—
\(A\) In general.—The Review Board may request the Attorney
General to petition any court of the United States to release
any information relevant to loss, fate, or status of missing
Armed Forces and civilian personnel that is held under the
injunction of secrecy of a grand jury.
\(B\) Treatment.—A request for disclosure of missing Armed
Forces and civilian personnel materials under this subtitle
shall be deemed to constitute a showing of particularized
need under rule 6 of the Federal Rules of Criminal Procedure.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
\(2\) the Secretary of State should—
\(A\) contact the Governments of the Russian Federation, the
People's Republic of China, and the Democratic People's
Republic of Korea to seek the disclosure of all records in
their respective custody, possession, or
control relevant to the loss, fate, or status of missing
Armed Forces and civilian personnel; and
\(B\) contact any other foreign government that may hold
information relevant to the loss, fate, or status of missing
Armed Forces and civilian personnel, and seek disclosure of
such information; and
\(3\) all agencies should cooperate in full with the Review
Board to seek the disclosure of all information relevant to
the loss, fate, or status of missing Armed Forces and
civilian personnel consistent with the public interest.
SEC. 1099F. RULES OF CONSTRUCTION.
\(a\) Precedence Over Other Law.—When this subtitle requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other law
\(except section 6103 of the Internal Revenue Code of 1986\),
judicial decision construing such law, or common law doctrine
that would otherwise prohibit such transmission or
disclosure, with the exception of deeds governing access to
or transfer or release of gifts and donations of records to
the United States Government.
\(b\) Freedom of Information Act.—Nothing in this subtitle
shall be construed to eliminate or limit any right to file
requests with any Executive agency or seek judicial review of
the decisions under section 552 of title 5, United States
Code.
\(c\) Judicial Review.—Nothing in this subtitle shall be
construed to preclude judicial review under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this subtitle.
\(d\) Existing Authority.—Nothing in this subtitle revokes
or limits the existing authority of the President, any
Executive agency, the Senate, or the House of
Representatives, or any other entity of the Government to
publicly disclose records in its custody, possession, or
control.
\(e\) Rules of the Senate and House of Representatives.—To
the extent that any provision of this subtitle establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted—
\(1\) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
\(2\) with full recognition of the constitutional right of
either House to change the rules \(so far as they relate to
the procedure of that House\) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
SEC. 1099G. REQUESTS FOR EXTENSIONS.
\(a\) In General.—The head of a Government office required
to comply with a deadline under this subtitle that is based
on the date of establishment of a quorum of the members of
the Review Board under section 1099B may request an extension
from the Review Board for good cause.
\(b\) Extended Deadline.—If the Review Board agrees to the
request, the deadline applicable to the Government office for
the purpose of such requirement shall be such later date as
the Review Board may determine appropriate.
SEC. 1099H. TERMINATION OF EFFECT.
\(a\) Provisions Pertaining to the Review Board.—The
provisions of this subtitle that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated under section 1099B\(p\).
\(b\) Other Provisions.—The remaining provisions of this
subtitle shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
missing Armed Forces and civilian personnel records have been
made available to the public in accordance with this
subtitle.
SEC. 1099I. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this subtitle, to remain available
until expended.
SEC. 1099J. SEVERABILITY.
If any provision of this subtitle, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this subtitle and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
SA 6027. Mr. WICKER \(for himself and Mr. Reed\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049A. ASSESSMENT OF NUCLEAR, CHEMICAL AND BIOLOGICAL
MEDICAL COUNTERMEASURES.
\(a\) In General.—Not later than March 31, 2027, the
Secretary of Defense shall submit to the congressional
defense committees an assessment of the establishment of a
governance structure for coordinating the development of
national security-related medical countermeasures, similar to
the Operation Warp Speed Program, for nuclear, chemical and
biological medical countermeasures.
\(b\) Elements.—The report required under subsection \(a\)
should include—
\(1\) recommendations to strengthen and improve the current
medical countermeasure capabilities, authorities, and command
structures of the Department of Defense;
\(2\) recommendations to improve and formalize interagency
coordination, support mechanisms, and supply chains necessary
for a robust national security medical countermeasure
enterprise; and
\(3\) any other matters the Secretary of Defense determines
necessary.
SA 6028. Ms. ROSEN \(for herself and Ms. Cortez Masto\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2849. MODIFICATION OF MILITARY LAND WITHDRAWAL OF FALLON
RANGE TRAINING COMPLEX, NEVADA.
\(a\) Management of Withdrawn and Reserved Land.—Section
2982\(c\)\(2\) of the Military Land Withdrawals Act of 2013
\(Public Law 113-66\), as added by section 2901 of the Military
Construction Authorization Act for Fiscal Year 2023 \(division
B of Public Law 117-263; 136 Stat. 3015\), is amended by
inserting “Sand Canyon Road, Red Mountain Road, East County
Road, and” after “existing”.
\(b\) Road Reconstruction and Treatment of Existing Roads and
Rights-of-way.—Section 2991 of the Military Land Withdrawals
Act of 2013 \(Public Law 113-66\), as added by section 2901 of
the Military Construction Authorization Act for Fiscal Year
2023 \(division B of Public Law 117-263; 136 Stat. 3015\), is
amended—
\(1\) in subsection \(d\), by inserting after the period the
following: “In granting such rights-of-way, the Secretary of
the Navy shall be responsible for timely maintenance of such
roads, and Churchill County, Nevada, shall be exempt from any
maintenance and liability requirements set forth by the
Bureau of Land Management or the Bureau of Reclamation with
respect to such roads, if such roads are designated as minor
County Roads by the County.”; and
\(2\) by adding at the end the following: by adding at the
end the following:
“\(k\) Determination of Relocation and Reconstruction.—
Reconstruction and relocation requirements under subsection
\(a\) shall be considered met \(for purposes of subsection \(b\)
or any other purposes\) when the reconstructed or relocated
road, as the case may be, is constructed, open for public
access, and certified via written letter from the impacted
counties to the Secretary of the Navy.”.
\(c\) Treatment of Livestock Grazing Permits.—Section 2993
of the Military Land Withdrawals Act of 2013 \(Public Law 113-
66\), as added by section 2901 of the Military Construction
Authorization Act for Fiscal Year 2023 \(division B of Public
Law 117-263; 136 Stat. 3015\), is amended—
\(1\) in subsection \(e\)—
\(A\) in paragraph \(1\)—
\(i\) by striking “shall” and all that follows through “;
and” and inserting “shall, at a minimum, consider—
“\(A\) the permanent loss, reduction, or impairment of the
applicable Federal grazing permit;
“\(B\) the permanent loss of forage and grazing capacity
associated with the affected allotment, including the loss of
animal unit months;
“\(C\) any diminution in the market value, operational
utility, or economic viability of the base property \(as
defined in sections 4100.0-5 and 4110.2-1 of title 43, Code
of Federal Regulations\) resulting from the loss of geographic
proximity or functional integration between the base property
and the affected Federal grazing authorization;
“\(D\) the permanent loss of animal unit months;
“\(E\) the loss, impairment, or diminished utility of water
rights, water access, water infrastructure, or range
improvements associated with the grazing operation;
“\(F\) any adverse impacts to existing financing, including
obligations associated with loans administered or guaranteed
by the Farm Service Agency, the Department of Agriculture, or
other agricultural lenders;
“\(G\) the replacement value \(as the term is defined in
section 141.3 of title 25, Code of Federal Regulations\) of
any authorized permanent improvements associated with
affected allotment or grazing operation;
“\(H\) increased operational, transportation, labor,
supplemental feed, livestock management, insurance, or
replacement grazing costs incurred as a result of the
withdrawal and reservation of lands;
“\(I\) the commercial viability of any remaining allotment
or grazing operation, determined in coordination with the
Director of the Bureau of Land Management and the
Secretary of Agriculture, including consideration of
available forage, water, access, seasonal use patterns,
ecological health, drought adjustments, trailing logistics,
and the ability of the remaining operation to continue as an
economically viable livestock enterprise; and
“\(J\) any other demonstrable economic loss directly
attributable to the withdrawal and reservation of land under
section 2981;”;
\(B\) in paragraph \(2\), by striking “to the remaining” and
all that follows through the period and inserting “to—
“\(A\) the remaining term of the existing Federal grazing
permit;
“\(B\) the nominal administrative value of the permit; or
“\(C\) the temporary or revocable nature of the grazing
authorization; and”; and
\(C\) by adding at the end the following new paragraph:
“\(3\) compensation shall account for impacts to the permit
holder as an integrated livestock operation and shall not be
limited solely to the administrative value of the affected
Federal grazing authorization.”; and
\(2\) by adding at the end the following new subsections:
“\(f\) Limitation on Use of Land Prior to Completion of
Commitments.—The Secretary of the Interior shall not modify
any existing term grazing permit impacted by the withdrawal
and reservation of land by section 2981, and the Secretary of
the Navy shall not limit access of any holder of such permit
to the allotment impacted by such withdrawal and reservation
until payment under this section has been received, accepted,
and deposited by the holder of such permit from the Secretary
of the Navy.
“\(g\) Reimbursement Payments.—
“\(1\) In general.—The Secretary of the Navy shall make
reimbursement payments to grazing permit holders for any time
after the grazing permit was amended by the Bureau of Land
Management but before payment was complete, received, and
accepted, in accordance with subsections \(e\) and \(f\).
“\(2\) Scope of reimbursement.—Reimbursement payments made
under paragraph \(1\) shall include, but not be limited to,
reimbursement for—
“\(A\) the loss of forage,
“\(B\) the cost of grazing livestock on a different
allotment or private land,
“\(C\) the cost of transportation and any associated
transportation costs of livestock to a different allotment or
private land; and
“\(D\) the cost of insurance associated with the different
allotment.
“\(3\) Timing of reimbursement payments.—Reimbursement
payments under paragraph \(1\) shall be made at regular
intervals until such time as a full and complete payment is
received and accepted by the impacted grazing permit holder
consistent with subsections \(e\) and \(f\).
“\(4\) Rule of construction.—Reimbursement payments made
under this subsection may not be considered or construed as
full and complete payment under subsection \(e\).
“\(h\) Authorization of Appropriations.—There are
authorized to be appropriated to the Secretary of the Navy
such sums as may be necessary to carry out this section.”.
SA 6029. Mr. CORNYN \(for himself, Mr. Fetterman, and Mr. Cruz\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. MODIFICATION OF REPORT ON LIMITATIONS ON
PERFORMANCE OF DEPOT-LEVEL MAINTENANCE TO
INCLUDE INFORMATION ON EACH FACILITY.
Section 2466\(d\)\(1\) of title 10, United States Code, is
amended—
\(1\) by striking “each Defense Agency, the percentage” and
inserting “each Defense Agency—
“\(A\) the percentage”;
\(2\) by striking the period at the end and inserting “;
and”; and
\(3\) by adding at the end the following new subparagraph:
“\(B\) the data required under subparagraph \(A\)
disaggregated by each depot-level maintenance and repair
facility of the Department of Defense.”.
SA 6030. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. 5\_\_. LIMITATION ON PROVISION OF FUNDS TO ELEMENTARY AND
SECONDARY SCHOOLS HOSTING CONFUCIUS INSTITUTES
AND CLASSROOMS.
\(a\) Limitation.—None of the funds authorized to be
appropriated or otherwise made available for any fiscal year
for the Department of Defense may be provided to an
elementary school or secondary school that hosts a Confucius
Institute or Classroom, other than amounts provided directly
to students as educational assistance.
\(b\) Effective Date.—The limitation under subsection \(a\)
shall apply with respect to the first fiscal year that begins
after the date that is 12 months after the date of the
enactment of this Act and to any subsequent fiscal year.
\(c\) Definitions.—In this section:
\(1\) Confucius institute or classroom.—The term “Confucius
Institute or Classroom” means a cultural institute or
educational partnership directly or indirectly funded by the
Government of the People's Republic of China.
\(2\) Elementary school; secondary school.—The terms
“elementary school” and “secondary school” have the
meanings given those terms in section 8101 of the Elementary
and Secondary Education Act of 1965 \(20 U.S.C. 7801\).
SA 6031. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . PRESIDENT'S COUNCIL ON SPORTS, FITNESS, AND
NUTRITION.
\(a\) Establishment.—There is established the President's
Council on Sports, Fitness, and Nutrition \(referred to in
this section as the “Council”\).
\(b\) Membership.—
\(1\) Appointments.—The Council shall consist of up to 30
members to be appointed by the President.
\(2\) Membership.—The members of the Council may include
representatives of relevant stakeholders.
\(3\) Terms.—A member of the Council—
\(A\) shall serve for a term of 2 years;
\(B\) shall be eligible for reappointment; and
\(C\) may continue to serve after the expiration of their
term until the appointment of a successor.
\(4\) Chair; vice chair.—The President may designate one or
more of the members of the Council to serve as the Chair or
Vice Chair of the Council.
\(c\) Functions of the Council.—
\(1\) In general.—The Council shall—
\(A\) advise the President concerning progress made in
carrying out the provisions of this section; and
\(B\) recommend to the President actions to accelerate such
progress.
\(2\) Recommendations.—In carrying out this section, the
Council shall recommend—
\(A\) strategies for reestablishing the Presidential Fitness
Test, with any appropriate improvements, as the main
assessment tool for a Presidential Fitness Award;
\(B\) strategies for the development and promotion of
Presidential challenges and school-based programs that reward
excellence in physical education;
\(C\) actions to expand opportunities at the global,
national, State, and local levels for participation in sports
and engagement in physical fitness;
\(D\) bold and innovative fitness goals for American youth
with the aim of fostering a new generation of healthy, active
citizens;
\(E\) campaigns and events that elevate American sports,
military readiness, and health traditions;
\(F\) opportunities at the global, national, State, and local
levels that expand participation in sports and emphasize the
importance of an active lifestyle and good nutrition,
including partnerships with professional athletes, sports
organizations, player's associations, influential figures,
nonprofit organizations, and community groups to inspire all
Americans, among other initiatives; and
\(G\) strategies to address the growing national security
threat posed by the increasing rates of childhood obesity,
chronic diseases, and sedentary lifestyles, which threaten
the future readiness of the United States workforce and
military.
\(d\) Administration.—
\(1\) Executive director.—The President shall designate an
Executive Director of the Council who shall—
\(A\) manage day-to-day operations;
\(B\) serve as a liaison to the President on matters and
activities pertaining to the Council; and
\(C\) oversee engagement with executive departments and
agencies, athletic institutions, and community partners.
\(2\) Information to be furnished by departments and
agencies.—Each executive department and agency shall, to the
extent permitted by law and subject to the availability of
funds, furnish such information and assistance to the Council
as the Council may request.
\(3\) Compensation.—Members of the Council shall serve
without compensation but may receive travel reimbursement,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of
title 5, United States Code, subject to the availability of
funds.
\(4\) Funding; administrative and technical support.—The
Secretary of Health and
Human Services shall provide such funding and administrative
and technical support as the Council may require, subject to
appropriations Acts.
\(5\) Subcommittees.—The Council may, with the approval of
the President, establish subcommittees as appropriate to aid
in the work of the Council.
\(6\) Seal.—The Council shall modify the seal of the
“President's Council on Physical Fitness and Sports” to
reflect the name of the Council as established by subsection
\(a\).
\(7\) Federal advisory committee act.—To the extent that
chapter 10 of title 5, United States Code \(known as the
“Federal Advisory Committee Act”\), may apply to the
administration of this section, any functions of the
President under such chapter, except that of reporting to the
Congress, shall be performed by the Secretary of Health and
Human Services in accordance with the guidelines and
procedures issued by the Administrator of General Services.
\(e\) Termination.—The Council shall terminate 2 years after
the date of enactment of this Act, unless extended by the
President.
\(f\) Availability of Amounts.—Amounts appropriated after
the date of enactment of this Act to carry out the
Presidential Youth Fitness Program may be used to establish
the Presidential Fitness Test in schools in the United
States.
SA 6032. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PROHIBITION ON FLAGS OTHER THAN THE FLAG OF THE
UNITED STATES.
\(a\) Definitions.—In this section:
\(1\) Flag of the united states.—The term “flag of the
United States” has the meaning given the term in section
700\(b\) of title 18, United States Code.
\(2\) Public building.—
\(A\) In general.—Except as provided in subparagraph \(B\),
the term “public building” has the meaning given the term
in section 3301\(a\) of title 40, United States Code.
\(B\) Inclusion.—The term “public building” includes—
\(i\) a military installation \(as defined in section 2801\(c\)
of title 10, United States Code\); and
\(ii\) any embassy or consulate of the United States.
\(b\) Prohibitions.—Notwithstanding any other provision of
law and except as provided in subsection \(c\), no flag that is
not the flag of the United States may be flown, draped, or
otherwise displayed—
\(1\) on the exterior of a public building; or
\(2\) in the hallway of a public building.
\(c\) Exceptions.—The prohibitions under subsection \(b\)
shall not apply to—
\(1\) a National League of Families POW/MIA flag \(as
designated by section 902 of title 36, United States Code\);
\(2\) any flag that represents the nation of a visiting
diplomat;
\(3\) the State flag of the State represented by a member of
Congress, outside or within the office of the member;
\(4\) in the case of a military installation, any flag that
represents a unit or branch of the Armed Forces;
\(5\) any flag that represents an Indian Tribe \(as defined in
section 4 of the Indian Self-Determination and Education
Assistance Act \(25 U.S.C. 5304\)\); or
\(6\) any flag that represents the State, territory, county,
city, or local jurisdiction in which the public building is
located.
SA 6033. Mr. MARSHALL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. LIMITATION ON AVAILABILITY OF FUNDS FOR CELL-
CULTURED MEAT PRODUCTS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2027 for the
Department of Defense may be obligated or expended to develop
or procure any cell-cultured meat product for the purpose of
feeding any member of the United States Armed Forces.
SA 6034. Mr. MARSHALL \(for himself and Mr. Warnock\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 624. PILOT PROGRAM TO PROVIDE COUPONS TO JUNIOR ENLISTED
MEMBERS TO PURCHASE FOOD AT COMMISSARIES.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) members of the Armed Forces and their families deserve
access to affordable and healthy food options, including
during their duty day;
\(2\) there has been increased awareness about the challenges
members and their families face in accessing affordable and
healthy food options;
\(3\) those challenges have been especially acute for
unaccompanied junior enlisted members who live in government-
provided quarters on military installations; and
\(4\) the Department of Defense should explore a variety of
proposals for expanding the accessibility of healthy and
affordable food options to members, especially members who
live in unaccompanied housing on military installations.
\(b\) Pilot Program.—
\(1\) In general.—The Secretary of Defense may conduct a
pilot program to assess the efficacy of providing junior
enlisted members of the Armed Forces a monthly coupon for use
in procuring food at commissaries.
\(2\) Selection of installations.—
\(A\) In general.—The Secretary may conduct the pilot
program authorized by paragraph \(1\) at 2 military
installations.
\(B\) Considerations.—In selecting installations for the
pilot program authorized by paragraph \(1\), the Secretary
shall consider installations with—
\(i\) large numbers of enlisted members who live in
unaccompanied housing;
\(ii\) the largest ratios of enlisted members to commissioned
officers;
\(iii\) unaccompanied housing that provides access to
functioning kitchens that residents may use to prepare meals;
\(iv\) commissaries that are experimenting with or expanding
their selection of nutritious and minimally processed ready-
made and easy-to-make food options;
\(v\) low rates of attendance at dining facilities;
\(vi\) low customer satisfaction ratings for dining
facilities, including installations with complaints about
dining facilities submitted through the Interactive Customer
Evaluation system of the Department of Defense; and
\(vii\) commissaries located within easily accessible
distances from unaccompanied housing.
\(3\) Coupons.—
\(A\) Amount.—The Secretary may determine the amount of the
coupons to be provided under the pilot program authorized by
paragraph \(1\).
\(B\) Use.—
\(i\) In general.—A coupon provided under the pilot program
authorized by paragraph \(1\) may be used only to purchase food
at commissaries.
\(ii\) Exclusions.—A coupon provided under the pilot program
authorized by paragraph \(1\) may not be used—
\(I\) to purchase alcoholic beverages or tobacco; or
\(II\) to pay any deposit fee in excess of the amount of the
State fee reimbursement \(if any\) required to purchase any
food or food product contained in a returnable bottle or can,
without regard to whether the fee is included in the shelf
price posted for the food or food product.
\(C\) Supplement to other food assistance.—A coupon provided
to a member under the pilot program authorized by paragraph
\(1\) shall be supplement and not supplant—
\(i\) the basic allowance for subsistence under section 402
of title 37, United States Code; and
\(ii\) any program to provide meals or rations in kind for
which the member is eligible.
\(4\) Duration of pilot program.—The pilot program
authorized by paragraph \(1\) shall terminate not later than
one year after the pilot program commences.
\(5\) Report required.—
\(A\) In general.—Not later than 90 days after the
termination under paragraph \(4\) of the pilot program
authorized by paragraph \(1\), the Secretary of Defense shall
submit to the congressional defense committees a report
detailing the results of the pilot program.
\(B\) Elements.—The report required by subparagraph \(A\)
shall include an assessment of the following:
\(i\) The use of coupons by members who received coupons
under the pilot program.
\(ii\) The satisfaction of and feedback from such members
relating to the coupons.
\(iii\) The impact of providing the coupons on—
\(I\) the rates at which such members used commissaries; and
\(II\) the rates at which such members used dining facilities
on their installations.
\(iv\) Historical rates of use of dining facilities on
installations and historical customer satisfaction metrics
for such facilities, including the number of complaints with
respect to such facilities submitted through the Interactive
Customer Evaluation system of the Department of Defense.
\(v\) The efficacy of the pilot program in—
\(I\) reducing food insecurity rates among junior enlisted
members;
\(II\) increasing the availability of nutritious food options
for such members at commissaries; and
\(III\) increasing the availability of nutritious food
options for such members generally, including such members
living in unaccompanied housing.
\(c\) Definitions.—In this section:
\(1\) Coupon.—The term “coupon” means a voucher or
monetary benefit for a member of the Armed Forces that may be
used only at a commissary for the purchase of food.
\(2\) Food.—The term “food” means any food or food product
intended for home consumption, including a ready-made food
item.
SA 6035. Mr. PETERS \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . REAUTHORIZATION OF THE CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
\(a\) In General.—The Cybersecurity Information Sharing Act
of 2015 \(6 U.S.C. 1501 et seq.\) is amended—
\(1\) in section 102 \(6 U.S.C. 1501; relating to
definitions\)—
\(A\) by redesignating paragraphs \(4\), \(5\), \(6\), \(7\), \(8\),
\(9\), \(10\), \(11\), \(12\), \(13\), \(14\), \(15\), \(16\), \(17\), and \(18\)
as paragraphs \(6\), \(7\), \(8\), \(9\), \(10\), \(11\), \(12\), \(13\),
\(14\), \(15\), \(16\), \(17\), \(18\), \(19\), and \(20\), respectively;
and
\(B\) by inserting after paragraph \(3\) the following new
paragraphs:
“\(4\) Artificial intelligence.—The term \`artificial
intelligence' has the meaning given such term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 \(15 U.S.C. 9401\).
“\(5\) Critical infrastructure.—The term \`critical
infrastructure' has the meaning given such term in section
1016\(e\) of Public Law 107-56 \(42 U.S.C. 5195c\(e\)\).”;
\(2\) in section 103 \(6 U.S.C. 1502; relating to sharing of
information by the Federal Government\)—
\(A\) in subsection \(a\), in the matter preceding paragraph
\(1\), by striking “develop and issue” and inserting
“develop, issue, and, as appropriate, update”; and
\(B\) in subsection \(b\)—
\(i\) in paragraph \(1\)—
\(I\) in the matter preceding subparagraph \(A\), by inserting
“and, as appropriate, updated,” after “developed”;
\(II\) by amending subparagraph \(A\) to read as follows:
“\(A\) ensure the Federal Government has and maintains the
capability to share cyber threat indicators and defensive
measures in real-time consistent with the protection of
classified information, and maintains the capability to
provide technical assistance, on a voluntary basis, to non-
Federal entities in utilizing cyber threat indicators and
defensive measures for cybersecurity purposes;”;
\(III\) in subparagraph \(E\)\(ii\), by striking “and” after
the semicolon;
\(IV\) in subparagraph \(F\), by striking the period and
inserting “; and”; and
\(V\) by adding at the end the following new subparagraph:
“\(G\) pursuant to section 2212 of the Homeland Security Act
of 2002 \(6 U.S.C. 662\), provide one-time read-ins, as
appropriate, to select individuals identified by non-Federal
entities that own or operate critical infrastructure or
artificial intelligence;”; and
\(ii\) in paragraph \(2\)—
\(I\) by inserting “and, as appropriate, updating,” after
“developing”; and
\(II\) by inserting “and defensive measures” after
“promote the sharing of cyber threat indicators”; and
\(C\) in subsection \(c\)—
\(i\) by inserting “and not later than 60 days after any
update, as appropriate, of procedures required by subsection
\(a\),” after “Act,”; and
\(ii\) by inserting “\(or update, as appropriate\)” after
“procedures”;
\(3\) in section 104 \(6 U.S.C. 1503; relating to
authorizations for preventing, detecting, analyzing, and
mitigating cybersecurity threats\)—
\(A\) in paragraph \(3\) of subsection \(c\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“shall be” and inserting “may be”;
\(ii\) in subparagraph \(A\), by striking “or” after the
semicolon;
\(iii\) in subparagraph \(B\), by striking the period and
inserting “; or”; and
\(iv\) by adding at the end the following new subparagraph:
“\(C\) to preclude the use of artificial intelligence that
is strictly deployed for cybersecurity purposes in carrying
out the activities authorized under paragraph \(1\) provided
that such deployment complies with section 105\(d\)\(5\).”; and
\(B\) in subparagraph \(B\) of subsection \(d\)\(2\), by inserting
“, which may utilize artificial intelligence that is
strictly deployed for cybersecurity purposes,” after
“technical capability”;
\(4\) in section 105 \(6 U.S.C. 1504; relating to sharing of
cyber threat indicators and defensive measures with the
Federal Government\)—
\(A\) in subsection \(a\)—
\(i\) in paragraph \(2\), by adding at the end the following
new sentences: “As appropriate, the Attorney General and the
Secretary of Homeland Security shall, in consultation with
the heads of the appropriate Federal entities, jointly update
such policies and procedures, and issue and make publicly
available such updated policies and procedures. Such updates
shall prioritize rapid dissemination to State, local, Tribal,
and territorial governments and owners and operators of non-
Federal critical infrastructure or artificial intelligence of
relevant and actionable cyber threat indicators and defensive
measures.”;
\(ii\) in paragraph \(3\), in the matter preceding subparagraph
\(A\), by striking “developed or issued” and inserting
“developed, issued, or, as appropriate, updated,”; and
\(iii\) in paragraph \(4\)—
\(I\) in subparagraph \(A\), by adding at the end the following
new sentence: “As appropriate, the Attorney General and the
Secretary of Homeland Security shall jointly update and make
publicly available such guidance to so assist entities and
promote such sharing of cyber threat indicators and defensive
measures with such Federal entities under this title.”; and
\(II\) in subparagraph \(B\), in the matter preceding clause
\(i\), by inserting “and, as appropriate, updated,” after
“developed”;
\(B\) in subsection \(b\)—
\(i\) in paragraph \(2\)\(B\), by inserting “, and, as
appropriate, update,” after “review”; and
\(ii\) in paragraph \(3\), in the matter preceding subparagraph
\(A\), by inserting “and, as appropriate, updated,” after
“required”; and
\(C\) in subsection \(c\)\(1\)\(D\), by inserting “, including if
such capability and process employs artificial intelligence”
before the semicolon; and
\(D\) in subsection \(d\)—
\(i\) in paragraph \(1\), by striking “trade secret
protection” and inserting “intellectual property
protection”; and
\(ii\) in paragraph \(5\)\(A\)—
\(I\) in clause \(iv\), by striking “or” after the semicolon;
\(II\) in clause \(v\)\(III\), by striking the period and
inserting “; or”; and
\(III\) by adding at the end the following new clause:
“\(vi\) the purpose of rapidly providing to other Federal
entities awareness of a cybersecurity threat that may impact
the information systems of such Federal entities.”;
\(5\) in section 108 \(6 U.S.C. 1507; relating to construction
and preemption\)—
\(A\) in subsection \(c\)—
\(i\) in the matter preceding paragraph \(1\), by striking
“shall be” and inserting “may be”;
\(ii\) in paragraph \(2\), by striking “or” after the
semicolon;
\(iii\) in paragraph \(3\), by striking the period and
inserting “; or”; and
\(iv\) by adding at the end the following new paragraph:
“\(4\) to preclude the use of artificial intelligence that
is strictly deployed for cybersecurity purposes in carrying
out activities authorized by this title.”; and
\(B\) in subsection \(f\)\(3\), by inserting “to share cyber
threat indicators or defensive measures” after
“relationship”;
\(6\) in section 109 \(6 U.S.C. 1508; relating to report on
cybersecurity threats\)—
\(A\) in subsection \(a\)—
\(i\) by inserting “and not later than September 30 of every
two years thereafter,” after “Act,”;
\(ii\) by inserting “the Secretary of Homeland Security
and” after “in coordination with”;
\(iii\) by inserting “and the Committee on Homeland Security
and Governmental Affairs” before “of the Senate”;
\(iv\) by inserting “and the Committee on Homeland
Security” before “of the House”; and
\(v\) by inserting “prepositioning activities, ransomware,”
after “attacks,”; and
\(B\) in subsection \(b\)—
\(i\) by inserting “prepositioning activities, ransomware,”
after “attacks,” each place it appears; and
\(ii\) in paragraph \(2\), by inserting “prepositioning
activity, ransomware,” after “attack,”; and
\(7\) in section 111\(a\) \(6 U.S.C. 1510\(a\), relating to
effective period\), by striking “September 30, 2026” and
inserting “September 30, 2036”.
\(b\) Conforming Amendments.—Section 2200 of the Homeland
Security Act of 2002 \(6 U.S.C. 650; relating to definitions\)
is amended—
\(1\) in paragraph \(5\)—
\(A\) in subparagraph \(B\), by inserting “or compromising”
after “defeating”;
\(B\) in subparagraph \(C\), by inserting “including a
security vulnerability affecting an information system or a
technology included in the critical and emerging technologies
list of the Office of Science and Technology Policy or
successor list, such as artificial intelligence, which may be
in a Federal entity's or non-Federal entity's software or
hardware supply chain,” after “security vulnerability,”;
\(C\) in subparagraph \(D\), by inserting “or compromise”
after “defeat”; and
\(D\) in subparagraph \(F\), by inserting “or compromised”
after “exfiltrated”;
\(2\) in paragraph \(14\), by amending subparagraph \(B\) to read
as follows:
“\(B\) includes, in accordance with section 104\(d\)\(2\) of the
Cybersecurity Information
Sharing Act of 2015 \(6 U.S.C. 1503\(d\)\(2\)\), operational
technology, including industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.”; and
\(3\) in paragraph \(25\), by inserting “or compromise” after
“defeat”.
SA 6036. Mr. PETERS \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . TEN-YEAR EXTENSION OF CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
Section 111\(a\) of the Cybersecurity Information Sharing Act
of 2015 \(6 U.S.C. 1510\(a\)\) is amended by striking “September
30, 2026” and inserting “September 30, 2036”.
SA 6037. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title V, insert the following:
SEC. \_\_. PILOT PROGRAM TO SUPPORT MEMBERS OF THE ARMED FORCES
AND MILITARY FAMILIES TRANSITIONING TO CIVILIAN
LIFE.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish a non-clinical, community-based pilot program under
which eligible organizations shall provide support to members
of the Armed Forces and military families transitioning to
civilian life.
\(b\) Purpose.—The purpose of the pilot program shall be—
\(1\) to provide personalized, whole-family transition and
wellness support to strengthen resilience, stability, and
long-term well-being during and after separation from the
Armed Forces; and
\(2\) to treat transition as a whole-family life change and
complement \(not duplicate\) the Transition Assistance Program
through upstream, preventative support.
\(c\) Locations; Duration.—
\(1\) In general.—The Secretary of Defense shall carry out
the pilot program at four geographically diverse military
installations during the three-year period beginning on the
date of the enactment of this Act.
\(2\) Locations.—To the extent practicable, the Secretary of
Defense shall carry out the pilot program at one military
installation in each of the following areas:
\(A\) The West Coast of the United States.
\(B\) The Midwest of the United States.
\(C\) The East Coast of the United States.
\(D\) Outside of the United States.
\(3\) Preference.—In selecting locations for the pilot
program, the Secretary of Defense shall give preference to
locations that serve as major force projection platforms.
\(d\) Eligible Organizations; Selection.—The Secretary of
Defense shall select organizations to participate in the
pilot program from among national organizations serving
members of the Armed Forces, veterans, and their families
with a demonstrated capability to execute national programs
through a community-based lens to provide or coordinate the
provision of military transition services for such
individuals.
\(e\) Eligible Members and Families; Priority; Referrals.—
\(1\) In general.—An individual is eligible for services
under the pilot program if the individual is—
\(A\) a member of the Armed Forces on active duty who is
within one year of separation from the Armed Forces,
including a single member without dependents; or
\(B\) a member of the family of a member of the Armed Forces
described in subparagraph \(A\).
\(2\) Priority.—In selecting members of the Armed Forces and
families for the pilot program, organizations participating
in the pilot program shall prioritize—
\(A\) members of the Armed Forces facing accelerated or
involuntary separations from the Armed Forces, and families
of such members; and
\(B\) members of the Armed Forces with limited time for
transition planning, and families of such members.
\(3\) Referrals.—Eligible members of the Armed Forces and
families may be referred to the pilot program through any of
the following:
\(A\) The Transition Assistance Program.
\(B\) The command of the member.
\(C\) A partner organization.
\(D\) Self-referral.
\(f\) Activities.—
\(1\) In general.—Under the pilot program, each organization
participating in the pilot program, in collaboration with
local Transition Assistance Program offices, shall—
\(A\) identify eligible members of the Armed Forces and
families;
\(B\) provide to such members and families, during the one-
year period following separation from the Armed Forces, the
services described in paragraph \(2\); and
\(C\) track the progress of such members and families.
\(2\) Services.—In carrying out paragraph \(1\)\(B\), each
organization participating in the pilot program shall—
\(A\) provide resources, training, and community connection
support, including—
\(i\) peer-led support groups;
\(ii\) resilience workshops;
\(iii\) a digital resource hub focused on emotional wellness,
practical life skills, and community reintegration for
spouses, children, and caregivers;
\(iv\) employment assistance for spouses;
\(v\) skills training and credentialing;
\(vi\) benefits navigation; and
\(vii\) reintegration and wellness support;
\(B\) assign each single member of the Armed Forces or
family, as the case may be, a dedicated transition
coordinator to conduct assessments, develop personalized
transition plans, and provide high-touch navigation across
employment, education, healthcare, benefits, and community
resources;
\(C\) perform a whole-family wellness and transition
assessment that produces a customized transition roadmap
aligned to separation timeline, reason for separation, and
family dynamics;
\(D\) establish tailored support pathways based on
individualized needs rather than a one-size-fits-all
approach; and
\(E\) connect families to and coordinate with existing
Federal, State, nonprofit, and community resources, rather
than create duplicative programs.
\(g\) Outcomes.—Each organization participating in the pilot
program shall track the following:
\(1\) Short-term outcomes, from 0 to 6 months post-
separation, including readiness and confidence, stress,
status of transition plans, and resource connections.
\(2\) Mid-term outcomes, from 6 to 12 months post-separation,
including employment outcomes, financial stability, and
family wellbeing.
\(3\) Long-term outcomes, from 12 to 36 months post-
separation, including employment outcomes, resilience, and
crisis intervention needs.
\(h\) Implementation.—In carrying out the pilot program, the
Secretary of Defense and the Secretary of Veterans Affairs
shall coordinate and ensure a seamless post-separation
handoff of services between the Department of Defense and the
Department of Veterans Affairs.
\(i\) Report.—Not later than 180 days after the date on
which the pilot program terminates, the Secretary of Defense
shall submit to Congress a report that includes the
following:
\(1\) A detailed accounting of the results of the pilot
program.
\(2\) A recommendation on whether to extend the pilot
program.
\(j\) Definitions.—In this section:
\(1\) Pilot program.—The term “pilot program” means the
pilot program established under subsection \(a\).
\(2\) Transition assistance program.—The term “Transition
Assistance Program” means the program of the Department of
Defense for preseparation counseling, employment assistance,
and other transitional services provided under sections 1142
and 1144 of title 10, United States Code.
SA 6038. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. SCARPER RIDGE BOUNDARY ADJUSTMENT.
Section 2\(a\)\(2\) of Public Law 92-589 \(16 U.S.C. 460bb-
1\(a\)\(2\)\) is amended by adding at the end the following:
“\(F\) Land generally depicted as \`Proposed Boundary
Addition' on the map entitled \`Golden Gate National
Recreation Area Proposed Boundary Addition', numbered 641/
193973, and dated July 2024.”.
SA 6039. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Save Our Sequoias Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Save Our Sequoias
Act”.
SEC. 1094A. DEFINITIONS.
In this subtitle:
\(1\) Assessment.—The term “Assessment” means the Giant
Sequoia Health and Resiliency Assessment required by section
1094D.
\(2\) Coalition.—The term “Coalition” means the Giant
Sequoia Lands Coalition codified under section 1094C\(a\).
\(3\) Collaborative process.—The term “collaborative
process” means a collaborative process as described in
section 4003\(b\)\(2\) of the Omnibus Public Land Management Act
of 2009 \(16 U.S.C. 7303\(b\)\(2\)\).
\(4\) Covered national forest system lands.—The term
“covered National Forest System lands” means the proclaimed
National Forest System lands reserved or withdrawn from the
public domain of the United States covering the Sequoia
National Forest and Giant Sequoia National Monument, Sierra
National Forest, and Tahoe National Forest.
\(5\) Covered public lands.—The term “covered public
lands” means—
\(A\) the Case Mountain Extensive Recreation Management Area
in California managed by the Bureau of Land Management; and
\(B\) Kings Canyon National Park, Sequoia National Park, and
Yosemite National Park in California managed by the National
Park Service.
\(6\) Giant sequoia.—The term “giant sequoia” means a tree
of the species Sequoiadendron giganteum.
\(7\) Protection project.—The term “Protection Project”
means a Giant Sequoia Protection Project carried out under
section 1094E.
\(8\) Reforestation.—The term “reforestation” means the
act of renewing tree cover, taking into consideration species
composition and resilience, by establishing young trees
through—
\(A\) natural regeneration;
\(B\) natural regeneration with site preparation and
vegetation competition control; or
\(C\) planting or direct seeding.
\(9\) Rehabilitation.—The term “rehabilitation” means any
action taken during the 5-year period beginning on the last
day of a wildland fire to repair or improve fire-impacted
lands which are unlikely to recover to management-approved
conditions.
\(10\) Relevant congressional committees.—The term
“relevant Congressional Committees” means—
\(A\) the Committees on Natural Resources, Agriculture, and
Appropriations of the House of Representatives; and
\(B\) the Committees on Energy and Natural Resources,
Agriculture, Nutrition, and Forestry, and Appropriations of
the Senate.
\(11\) Responsible official.—The term “responsible
official” means an employee of the Department of the
Interior or Forest Service who has the authority to make and
implement a decision on a proposed action.
\(12\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(13\) Secretary concerned.—The term “Secretary concerned”
means—
\(A\) the Secretary of Agriculture, with respect to covered
National Forest System lands, or their designee; and
\(B\) the Secretary of the Interior, with respect to covered
public lands, or their designee.
\(14\) Strategy.—The term “Strategy” means the Giant
Sequoia Reforestation and Rehabilitation Strategy established
under section 1094F.
\(15\) Strike team.—The term “Strike Team” means a Giant
Sequoia Strike Team established under section 1094G.
\(16\) Tribe.—The term “Tribe” means the Tule River Indian
Tribe of the Tule River Reservation, California.
SEC. 1094B. SHARED STEWARDSHIP AGREEMENT FOR GIANT SEQUOIAS.
\(a\) In General.—Not later than 90 days after receiving a
request from the Governor of the State of California or the
Tribe, the Secretary shall enter into or expand an existing
shared stewardship agreement or enter into a similar
agreement with the Secretary of Agriculture, the Governor of
the State of California, and the Tribe to jointly carry out
the short-term and long-term management and conservation of
giant sequoias.
\(b\) Participation.—
\(1\) In general.—If the Secretary has not received a
request from the Governor of the State of California or the
Tribe under subsection \(a\) before the date that is 90 days
after the date of enactment of this Act, the Secretary shall
enter into the agreement under subsection \(a\) and jointly
implement such agreement with the Secretary of Agriculture.
\(2\) Future participation.—If the Secretary receives a
request from the Governor of the State of California or the
Tribe any time after entering into the agreement with the
Secretary of Agriculture under paragraph \(1\), the Secretary
shall accept the Governor of the State of California or the
Tribe as a party to such agreement.
SEC. 1094C. GIANT SEQUOIA LANDS COALITION.
\(a\) Codification.—The Coalition is the entity established
under the charter titled “Giant Sequoia Lands Coalition
Charter” \(or successor charter\) signed during the period
beginning June 2, 2022, and ending August 2, 2022, by each of
the following:
\(1\) The National Park Service, representing Sequoia and
Kings Canyon National Parks.
\(2\) The National Park Service, representing Yosemite
National Park.
\(3\) The Forest Service, representing Sequoia National
Forest and Giant Sequoia National Monument.
\(4\) The Forest Service, representing Sierra National
Forest.
\(5\) The Forest Service, representing Tahoe National Forest.
\(6\) The Bureau of Land Management, representing Case
Mountain Extensive Recreation Management Area.
\(7\) The Tribe, representing the Tule River Indian
Reservation.
\(8\) The State of California, representing Calaveras Big
Trees State Park.
\(9\) The State of California, representing Mountain Home
Demonstration State Forest.
\(10\) The University of California, Berkeley, representing
Whitaker's Research Forest.
\(11\) The County of Tulare, California, representing Balch
Park.
\(b\) Duties.—In addition to the duties specified in the
charter referenced in subsection \(a\), the Coalition shall—
\(1\) produce the Assessment under section 1094D;
\(2\) observe implementation, and provide policy
recommendations to the Secretary concerned, with respect to—
\(A\) Protection Projects carried out under section 1094E;
and
\(B\) the Strategy established under section 1094F;
\(3\) facilitate collaboration and coordination on Protection
Projects, particularly projects that cross jurisdictional
boundaries;
\(4\) facilitate information sharing, including best
available science as described in section 1094D\(d\) and
mapping resources; and
\(5\) support the development and dissemination of
educational materials and programs that inform the public
about the threats to the health and resiliency of giant
sequoia groves and actions being taken to reduce the risk to
such groves from high-severity wildfire, insects, and
drought.
\(c\) Administrative Support, Technical Services, and Staff
Support.—The Secretary shall make personnel of the
Department of the Interior available to the Coalition for
administrative support, technical services, development and
dissemination of educational materials, and staff support
that the Secretary determines necessary to carry out this
section.
\(d\) Public Meeting Requirement.—
\(1\) In general.—Except as provided in paragraph \(2\), the
Coalition shall provide for public observation at no less
than one meeting annually.
\(2\) Closed sessions.—The Coalition may close portions of a
meeting as provided in paragraph \(1\) to the public only when
discussion will involve—
\(A\) sensitive law enforcement, security, or emergency
response matters, the public disclosure of which would
compromise public safety; or
\(B\) confidential commercial information, private property
information, or landowner information.
SEC. 1094D. GIANT SEQUOIA HEALTH AND RESILIENCY ASSESSMENT.
\(a\) In General.—Not later than 6 months after the date of
the enactment of this Act, the Coalition shall submit to the
relevant Congressional Committees a Giant Sequoia Health and
Resiliency Assessment that, based on the best available
science—
\(1\) identifies—
\(A\) each giant sequoia grove that has experienced a—
\(i\) stand-replacing disturbance; or
\(ii\) disturbance but continues to have living giant
sequoias within the grove, including identifying the tree
mortality and regeneration of giant sequoias within such
grove;
\(B\) each giant sequoia grove that is at high risk of
experiencing a stand-replacing disturbance;
\(C\) lands—
\(i\) contiguous or adjacent to giant sequoia groves that are
at risk of experiencing high-severity wildfires that could
adversely impact such giant sequoia groves; or
\(ii\) in which the placement of fuel breaks could reduce the
risk of high-severity wildfires that could adversely impact
giant sequoia groves; and
\(D\) each giant sequoia grove that has experienced a
disturbance and is unlikely to naturally regenerate and is in
need of reforestation;
\(2\) analyzes the resiliency of each giant sequoia grove to
threats, such as—
\(A\) high-severity wildfire;
\(B\) insects, including beetle kill; and
\(C\) drought;
\(3\) examines how historical, Tribal, or current approaches
to wildland fire suppression and forest management activities
across various jurisdictions have impacted the health and
resiliency of giant sequoia groves with respect to—
\(A\) high-severity wildfires;
\(B\) insects, including beetle kill; and
\(C\) drought; and
\(4\) includes program and policy recommendations that
address—
\(A\) options to enhance communication, coordination, and
collaboration, particularly for cross-boundary projects, to
improve the health and resiliency of giant sequoias; and
\(B\) research gaps that should be addressed to improve the
best available science on the giant sequoias.
\(b\) Annual Updates.—Not later than 1 year after the
submission of the Assessment under subsection \(a\), and
annually thereafter, the Coalition shall submit an updated
Assessment to the relevant Congressional Committees that—
\(1\) includes any new data, information, or best available
science that has changed or
become available since the previous Assessment was submitted;
\(2\) with respect to Protection Projects—
\(A\) includes information on the number of Protection
Projects initiated the previous year and the estimated
timeline for completing those projects;
\(B\) includes information on the number of Protection
Projects planned in the upcoming year and the estimated
timeline for completing those projects;
\(C\) provides status updates and long-term monitoring
reports on giant sequoia groves after the completion of
Protection Projects; and
\(D\) if the Secretary concerned failed to reduce hazardous
fuels in at least 3 giant sequoia groves in the previous
year, a written explanation that includes—
\(i\) a detailed explanation of what impediments resulted in
failing to reduce hazardous fuels in at least 3 giant sequoia
groves; and
\(ii\) a detailed explanation of what actions the Secretary
concerned is taking to ensure that hazardous fuels are
reduced in at least 3 giant sequoia groves the following
year; and
\(3\) with respect to reforestation and rehabilitation of
giant sequoias—
\(A\) contains updates on the implementation of the Strategy
under section 1094F, including grove-level data on
reforestation and rehabilitation activities; and
\(B\) provides status updates and monitoring reports on giant
sequoia groves that have experienced reforestation or
rehabilitation as part of the Strategy under section 1094F.
\(c\) Dashboard.—
\(1\) Requirement to maintain.—The Coalition shall create
and maintain a website that—
\(A\) publishes the Assessment, annual updates to the
Assessment, and other educational materials developed by the
Coalition;
\(B\) contains searchable information about individual giant
sequoia groves, including the—
\(i\) resiliency of such groves to threats described in
paragraphs \(1\) and \(2\) of subsection \(a\);
\(ii\) Protection Projects that have been proposed,
initiated, or completed in such groves; and
\(iii\) reforestation and rehabilitation activities that have
been proposed, initiated, or completed in such groves; and
\(C\) maintains a searchable database to track—
\(i\) the status of Federal environmental reviews and
authorizations for specific Protection Projects and
reforestation and rehabilitation activities; and
\(ii\) the projected cost of Protection Projects and
reforestation and rehabilitation activities.
\(2\) Searchable database.—The Coalition shall include
information on the status of Protection Projects in the
searchable database created under paragraph \(1\)\(C\),
including—
\(A\) a comprehensive permitting timetable;
\(B\) the status of the compliance of each lead agency,
cooperating agency, and participating agency with the
permitting timetable;
\(C\) any modifications of the permitting timetable required
under subparagraph \(A\), including an explanation as to why
the permitting timetable was modified; and
\(D\) information about project-related public meetings,
public hearings, and public comment periods, which shall be
presented in English and the predominant language of the
community or communities most affected by the project, as
that information becomes available.
\(d\) Best Available Science.—In utilizing the best
available science for the Assessment, the Coalition shall
include—
\(1\) data and peer-reviewed research from academic
institutions with a demonstrated history of studying giant
sequoias and with experience analyzing distinct management
strategies to improve giant sequoia resiliency;
\(2\) traditional ecological knowledge from the Tribe related
to improving the health and resiliency of giant sequoia
groves; and
\(3\) data from Federal, State, Tribal, and local governments
or agencies, and other interested stakeholders with a
demonstrated history of studying giant sequoias and with
experience analyzing distinct management strategies to
improve giant sequoia resiliency.
\(e\) Technology Improvements.—In carrying out this section,
the Secretary may enter into memorandums of understanding or
agreements with other Federal agencies or departments, State
or local governments, Tribal governments, private entities,
or academic institutions to improve, with respect to the
Assessment, the use and integration of—
\(1\) advanced remote sensing and geospatial technologies;
\(2\) statistical modeling and analysis; or
\(3\) any other technology the Secretary determines will
benefit the quality of information used in the Assessment.
\(f\) Planning.—The Coalition shall make information from
this Assessment available to the Secretary concerned and
State of California to integrate into the—
\(1\) State of California's Wildfire and Forest Resilience
Action Plan;
\(2\) Forest Service's 10-year Wildfire Crisis Strategy \(or
successor plan\); and
\(3\) Department of the Interior's Wildfire Risk Five-Year
Monitoring, Maintenance, and Treatment Plan \(or successor
plan\).
\(g\) Relation to the National Environmental Policy Act of
1969.—The development and submission of the Assessment under
subsection \(a\) shall not be subject to the National
Environmental Policy Act of 1969 \(42 U.S.C. 4321 et seq.\).
SEC. 1094E. GIANT SEQUOIA EMERGENCY RESPONSE.
\(a\) Emergency Response To Protect Giant Sequoias.—
\(1\) In general.—
\(A\) Emergency determination.—Congress determines that—
\(i\) an emergency exists on covered public lands and covered
National Forest System lands that makes it necessary to carry
out Protection Projects that take needed actions to respond
to the threat of wildfires, insects, and drought to giant
sequoias; and
\(ii\) Protection Projects are necessary to control the
immediate impacts of the emergency described in clause \(i\)
and are needed to mitigate harm to life, property, or
important natural or cultural resources on covered public
lands and covered National Forest System lands.
\(B\) Application.—The emergency determination established
under subparagraph \(A\) shall apply to all covered public
lands and covered National Forest System lands.
\(C\) Expiration.—The emergency determination established
under subparagraph \(A\) shall expire on the date that is 7
years after the date of the enactment of this Act.
\(2\) Implementation.—While the emergency determination
established under paragraph \(1\) is in effect, the following
shall apply:
\(A\) The Secretary concerned, acting through a responsible
official, shall carry out Protection Projects on covered
public lands and covered National Forest System lands in
accordance with this section, all applicable land management
plans, and the laws \(including regulations\) applicable to the
Secretary concerned.
\(B\) A responsible official shall carry out Protection
Projects in accordance with the following, as applicable:
\(i\) Section 220.4\(b\) of title 36, Code of Federal
Regulations \(as in effect July 21, 2022\), with respect to
covered National Forest System lands.
\(ii\) Section 46.150 of title 43, Code of Federal
Regulations \(as in effect October 12, 2022\), with respect to
covered public lands.
\(iii\) Section 402.05 of title 50, Code of Federal
Regulations \(as in effect July 21, 2022\), with respect to
covered National Forest System lands and covered public
lands.
\(iv\) Section 800.12 of title 36, Code of Federal
Regulations \(as in effect July 21, 2022\), with respect to
covered National Forest System lands and covered public
lands.
\(C\) The rules established under subsections \(d\) and \(e\) of
section 40807 of the Infrastructure Investment and Jobs Act
\(16 U.S.C. 6592c\(d\), \(e\)\) shall apply with respect to
Protection Projects by substituting “Protection Projects”
for “authorized emergency action under this section” each
place it appears in such subsections.
\(D\) Protection Projects shall be subject to the
requirements of section 106 of the Healthy Forests
Restoration Act of 2003 \(16 U.S.C. 6516\).
\(3\) Protection projects.—The responsible official shall
carry out the following forest management activities as
Protection Projects under the emergency determination under
this section:
\(A\) Conducting hazardous fuels management, including
mechanical thinning, mastication, and prescribed burning.
\(B\) Removing hazard trees, dead trees, or dying trees, as
determined by the responsible official.
\(C\) Removing trees to address overstocking or crowding in a
forest stand, consistent with the appropriate basal area of
the forest stand and the best available science, as
determined by the responsible official.
\(D\) Activities to address insects, disease, invasive
species, and vegetative encroachment of a giant sequoia
grove.
\(E\) Any combination of activities described in this
paragraph.
\(4\) Requirements.—
\(A\) In general.—Protection Projects carried out under
paragraph \(3\) and reforestation and rehabilitation activities
carried out under this subtitle that are described by
subparagraph \(C\) are categorically excluded from the
preparation of an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 \(42 U.S.C. 4332\).
\(B\) Availability.—The Secretary concerned shall use the
categorical exclusion established under subparagraph \(A\) in
accordance with this section.
\(C\) Requirements.—A Protection Project or reforestation or
rehabilitation activity is described by this subparagraph if
such Protection Project or reforestation or rehabilitation
activity—
\(i\) covers an area of no more than—
\(I\) 2,000 acres within giant sequoia groves; and
\(II\) 3,000 acres on lands identified under section
1094D\(a\)\(1\)\(C\); and
\(ii\) occurs on Federal land or non-Federal land with the
consent of the non-Federal landowner.
\(D\) Extraordinary circumstances.—The extraordinary
circumstances procedures under provisions \(e\) through \(g\) of
section 1b.3 of title 7, Code of Federal Regulations, shall
apply to a Protection Project or reforestation or
rehabilitation activity that is categorically excluded under
subparagraph \(A\).
\(E\) Use of other authorities.—To the maximum extent
practicable, the Secretary concerned shall use the
authorities provided under this section in combination with
other authorities to carry out Protection Projects,
including—
\(i\) good neighbor agreements entered into under section
8206 of the Agricultural Act of 2014 \(16 U.S.C. 2113a\); and
\(ii\) stewardship contracting projects entered into under
section 604 of the Healthy Forests Restoration Act of 2003
\(16 U.S.C. 6591c\).
\(F\) Savings clause.—With respect to joint Protection
Projects and reforestation and rehabilitation activities
involving the Tribe, nothing in this section shall be
construed to add any additional regulatory requirements onto
the Tribe.
\(b\) Implementation.—To the maximum extent practicable, the
Secretary concerned shall reduce hazardous fuels in no fewer
than 3 giant sequoia groves each year.
\(c\) Public Notice.—The Secretary concerned shall provide
notice of each Protection Project on a publicly available
website maintained by the Secretary concerned.
SEC. 1094F. GIANT SEQUOIA REFORESTATION AND REHABILITATION
STRATEGY.
\(a\) Reforestation and Rehabilitation Strategy.—
\(1\) In general.—Not later than 6 months after the date of
the enactment of this Act, the Secretary, in consultation
with the Coalition, shall develop and implement a strategy,
to be known as the Giant Sequoia Reforestation and
Rehabilitation Strategy, to enhance the reforestation and
rehabilitation of giant sequoia groves that—
\(A\) identifies giant sequoia groves in need of
reforestation or rehabilitation, giving highest priority to
groves identified under section 1094D\(a\)\(1\)\(A\)\(i\);
\(B\) creates a priority list of reforestation and
rehabilitation activities;
\(C\) identifies and addresses—
\(i\) barriers to reforestation or rehabilitation,
including—
\(I\) regulatory and funding barriers;
\(II\) seedling shortages or related nursery infrastructure
capacity constraints;
\(III\) labor and workforce shortages;
\(IV\) technology and science gaps; and
\(V\) site preparation challenges;
\(ii\) potential public-private partnership opportunities to
complete high-priority reforestation or rehabilitation
projects;
\(iii\) a timeline for addressing the backlog of
reforestation for giant sequoias in the 10-year period after
the agreement is entered into under section 1094B; and
\(iv\) strategies to ensure genetic diversity across giant
sequoia groves; and
\(D\) includes program and policy recommendations needed to
improve the efficiency or effectiveness of the Strategy.
\(2\) Assessment.—The Secretary may incorporate the Strategy
into the Assessment under section 1094D.
\(b\) Priority Reforestation Projects Amendment.—Section
3\(e\)\(4\)\(C\)\(ii\)\(I\) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 \(16 U.S.C.
1601\(e\)\(4\)\(C\)\(ii\)\(I\)\) is amended—
\(1\) in item \(bb\), by striking “and”;
\(2\) in item \(cc\), by striking the period and inserting “;
and”; and
\(3\) by adding at the end the following:
“\(dd\) shall include reforestation and rehabilitation
activities conducted under section 1094F of the Save Our
Sequoias Act.”.
SEC. 1094G. GIANT SEQUOIA STRIKE TEAMS.
\(a\) Giant Sequoia Strike Teams.—
\(1\) Establishment.—The Secretary concerned shall each
establish a Giant Sequoia Strike Team to assist the Secretary
concerned with the implementation of—
\(A\) primarily, section 1094E; and
\(B\) secondarily, section 1094F.
\(2\) Duties.—Each Strike Team shall—
\(A\) assist the Secretary concerned with any reviews,
including analysis under the National Environmental Policy
Act of 1969 \(42 U.S.C. 4321 et seq.\), consultations under
division A of subtitle III of title 54, United States Code
\(commonly referred to as the “National Historic Preservation
Act”\), and consultations under the Endangered Species Act of
1973 \(16 U.S.C. 1531 et seq.\);
\(B\) implement any necessary site preparation work in
advance of or as part of a Protection Project or
reforestation or rehabilitation activity;
\(C\) implement Protection Projects under section 1094E; and
\(D\) implement reforestation or rehabilitation activities
under section 1094F.
\(3\) Members.—The Secretary concerned may appoint no more
than 10 individuals each to serve on a Strike Team comprised
of—
\(A\) employees of the Department of the Interior;
\(B\) employees of the Forest Service;
\(C\) private contractors from any nonprofit organization,
State government, Tribal Government, local government,
academic institution, or private organization; and
\(D\) volunteers from any nonprofit organization, State
government, Tribal Government, local government, academic
institution, or private organization.
SEC. 1094H. GIANT SEQUOIA COLLABORATIVE RESTORATION GRANTS.
\(a\) In General.—The Secretary, in consultation with the
parties to the agreement under section 1094B, shall establish
a program or expand an existing program to award grants to
eligible entities to advance, facilitate, or improve giant
sequoia health and resiliency.
\(b\) Eligible Entity.—The Secretary may award grants under
this section to any nonprofit organization, Tribal
Government, local government, academic institution, or
private organization to help advance, facilitate, or improve
giant sequoia health and resiliency.
\(c\) Priority.—In awarding grants under this section, the
Secretary shall give priority to eligible entities that—
\(1\) primarily, are likely to have the greatest impact on
giant sequoia health and resiliency; and
\(2\) secondarily—
\(A\) are small businesses or Tribal entities, particularly
in rural areas; and
\(B\) create or support jobs, particularly in rural areas.
\(d\) Use of Grant Funds.—Funds from grants awarded under
this section shall be used to—
\(1\) create, expand, or develop markets for hazardous fuels
removed under section 1094E, including markets for biomass
and biochar;
\(2\) facilitate hazardous fuel removal under section 1094E,
including by reducing the cost of transporting hazardous
fuels removed as part of a Protection Project;
\(3\) expand, enhance, develop, or create facilities or land
that can store or process hazardous fuels removed under
section 1094E;
\(4\) establish, develop, expand, enhance, or improve nursery
capacity or infrastructure necessary to facilitate the
Strategy established under section 1094F; or
\(5\) support Tribal management and conservation of giant
sequoias, including funding for Tribal historic preservation
officers.
SEC. 1094I. GIANT SEQUOIA INSECT MONITORING AND TECHNOLOGY.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Secretary concerned shall—
\(1\) develop and implement a strategy for monitoring insects
in giant sequoia groves with a high-risk or previous history
of insect infestations; and
\(2\) seek to enter into public-private partnerships to
deploy technology to assist in the short-term and long-term
monitoring of giant sequoia groves with current or potential
insect infestations.
\(b\) Report.—Not later than 2 years after the date of
enactment of this Act, the Secretary concerned shall submit a
report to the relevant Congressional Committees that
contains—
\(1\) the strategy required under subsection \(a\)\(1\);
\(2\) an update on the effectiveness of the monitoring
program in preventing or addressing insect infestations in
giant sequoia groves; and
\(3\) program and policy recommendations to further address—
\(A\) research gaps regarding giant sequoia resiliency to
insects; and
\(B\) opportunities to improve the resiliency of giant
sequoias to insects.
SEC. 1094J. STEWARDSHIP CONTRACTING FOR GIANT SEQUOIAS.
\(a\) National Park Service.—Section 604 of the Healthy
Forests Restoration Act of 2003 \(16 U.S.C. 6591c\) is
amended—
\(1\) by amending subsection \(a\)\(2\) to read as follows:
“\(2\) Director.—The term \`Director' means the Director of
the Bureau of Land Management with respect to Bureau of Land
Management lands and the Director of the National Park
Service with respect to lands within Kings Canyon National
Park, Sequoia National Park, and Yosemite National Park.”;
and
\(2\) in subsection \(b\), by striking “national forests and
the public lands” and inserting “national forests, public
lands, and lands within Kings Canyon National Park, Sequoia
National Park, and Yosemite National Park”.
\(b\) Giant Sequoia Stewardship Contracts.—Section 604\(c\) of
the Healthy Forests Restoration Act of 2003 \(16 U.S.C.
6591c\(c\)\) is amended by adding at the end the following:
“\(8\) Promoting the health and resiliency of giant
sequoias.”.
\(c\) Stewardship Contracting in Certain National Parks.—
Stewardship contracting projects occurring in Kings Canyon
National Park, Sequoia National Park, and Yosemite National
Park shall be carried out in accordance with the laws
\(including regulations\) applicable to the National Park
Service, including section 100753 of title 54, United States
Code.
SEC. 1094K. GIANT SEQUOIA EMERGENCY PROTECTION PROGRAM AND
FUND.
\(a\) In General.—Chapter 1011 of title 54, United States
Code, is amended by inserting at the end the following:
“Sec. 101123. Giant Sequoia Emergency Protection Program and
Fund
“\(a\) Giant Sequoia Emergency Protection Program.—The
National Park Foundation, in coordination with the National
Forest Foundation and the Foundation for America's Public
Lands, shall design and implement a comprehensive program to
assist and promote philanthropic programs of support that
benefit—
“\(1\) primarily, the management and conservation of giant
sequoias on covered public lands and covered National Forest
System lands to promote resiliency to wildfires, insects, and
drought; and
“\(2\) secondarily, the reforestation of giant sequoias on
covered public lands and covered National Forest System lands
impacted by wildfire.
“\(b\) Giant Sequoia Emergency Protection Fund.—
“\(1\) In general.—The National Park Foundation, in
coordination with the National Forest Foundation and the
Foundation for America's Public Lands, shall establish a
joint special account to be known as the Giant Sequoia
Emergency Protection Fund \(referred to in this section as the
\`Fund'\), to be administered in support of the program
established under subsection \(a\).
“\(2\) Funds for giant sequoia emergency protection.—The
Fund shall consist of any gifts, devises, or bequests that
are provided to the National Park Foundation, National Forest
Foundation, or Foundation for America's Public Lands for the
purpose described in paragraph \(1\).
“\(3\) Use of funds.—Funds shall be available to the
National Park Foundation, National Forest Foundation, and
Foundation for America's Public Lands without further
appropriation, subject to the provisions in paragraph \(4\),
for projects and activities approved by the Director of the
National Park Service, Chief of the Forest Service, or
Director of the Bureau of Land Management, as appropriate, or
their designees, to—
“\(A\) primarily, support the management and conservation of
giant sequoias on covered public lands and covered National
Forest System lands to promote resiliency to wildfires,
insects, and drought; and
“\(B\) secondarily, support the reforestation of giant
sequoias on covered public lands and covered National Forest
System lands impacted by wildfire.
“\(4\) Tribal support.—Of the funds provided to the
National Park Foundation, National Forest Foundation, and
Foundation for America's Public Lands under paragraph \(3\),
not less than 15 percent of such funds shall be used to
support Tribal management and conservation of giant sequoias,
including funding for Tribal historic preservation officers.
“\(c\) Summary.—Beginning 1 year after the date of the
enactment of this section, the National Park Foundation,
National Forest Foundation, and Foundation for America's
Public Lands shall include with their annual reports a
summary of the status of the program and Fund created under
this section that includes—
“\(1\) a statement of the amounts deposited in the Fund
during the fiscal year;
“\(2\) the amount of the balance remaining in the Fund at
the end of the fiscal year; and
“\(3\) a description of the program and projects funded
during the fiscal year.
“\(d\) Definitions.—In this section, the terms \`covered
public lands' and \`covered National Forest System lands' have
the meaning given such terms in section 1094A of the Save Our
Sequoias Act.
“\(e\) Termination of Effectiveness.—The authority provided
by this section shall terminate 7 years after the date of
enactment of the Save Our Sequoias Act.”.
\(b\) Conforming Amendment.—The table of sections for
chapter 1011 of title 54, United States Code, is amended by
inserting at the end the following:
“101123. Giant Sequoia Emergency Protection Program and Fund.”.
SA 6040. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. ADDITIONAL FUNDING FOR THE SAN JOAQUIN RIVER
RESTORATION SETTLEMENT ACT.
\(a\) Authorization of Appropriations To Implement
Settlement.—Section 10009 of the San Joaquin River
Restoration Settlement Act \(Public Law 111-11; 123 Stat.
1355\) is amended—
\(1\) in subsection \(a\)\(1\), by striking “$250,000,000” and
inserting “$750,000,000”; and
\(2\) in subsection \(b\)\(1\), by striking “$250,000,000” and
inserting “$750,000,000”.
\(b\) Authorization of Appropriations for Friant Division
Improvements.—Section 10203\(c\) of the Omnibus Public Land
Management Act of 2009 \(Public Law 111-11; 123 Stat. 1367\) is
amended by striking “$50,000,000” and inserting
“$75,000,000”.
SA 6041. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. NATIONAL ACADEMY OF SCIENCES STUDY OF FEDERAL
RESERVATION SYSTEMS FOR RECREATIONAL ACTIVITIES
ON FEDERAL LAND.
\(a\) Definitions.—In this section:
\(1\) Booking window.—The term “booking window”, with
respect to a Federal reservation system, means the time
period during which a reservation or lottery entry is
available to the public.
\(2\) Federal land.—The term “Federal land” means—
\(A\) public lands \(as defined in section 103 of the Federal
Land Policy and Management Act of 1976 \(43 U.S.C. 1702\)\);
\(B\) National Forest System land;
\(C\) units of the National Park System;
\(D\) units of the National Wildlife Refuge System;
\(E\) sites administered by the Bureau of Reclamation; and
\(F\) sites administered by the Corps of Engineers.
\(3\) Federal reservation system.—
\(A\) In general.—The term “Federal reservation system”
means any platform or method used by managers of Federal land
to manage the quantity, type, distribution, and timing of
recreational activities.
\(B\) Inclusions.—The term “Federal reservation system”
includes reservation, permit, lottery, metering, pricing,
merit-based, and other similar management methods via online,
telephone, paper, in-person, or other methods.
\(4\) Recreational activity.—The term “recreational
activity” includes camping, backpacking, climbing, paddling
sports, fishing, hiking, driving, and other recreational
opportunities.
\(5\) Secretaries.—The term “Secretaries” means—
\(A\) the Secretary of the Interior;
\(B\) the Secretary of Agriculture; and
\(C\) the Secretary of the Army, acting through the Chief of
Engineers.
\(b\) Study.—
\(1\) In general.—The Secretaries, acting jointly, shall,
not later than 60 days after the date of enactment of this
Act, enter into an agreement with the National Academy of
Sciences to carry out a study of Federal reservation systems
for recreational activities on Federal land.
\(2\) Requirements.—In carrying out the study under
paragraph \(1\), the National Academy of Sciences shall consult
with the Secretaries to carry out the following:
\(A\) A review of the history of Federal reservation systems,
such as recreation.gov, including a review of—
\(i\) the considerations, including data, that led to the
establishment of the applicable Federal reservation system;
\(ii\) the iterations of the applicable Federal reservation
system over time to meet the needs of the applicable Federal
agency;
\(iii\) any visitor feedback provided with respect to the
applicable Federal reservation system; and
\(iv\) scientific literature or studies examining the
efficacy of Federal reservation systems, including user
preferences with respect to Federal reservation system design
and implementation.
\(B\) Based on available data and existing research, answer
the following questions:
\(i\) What are the benefits and challenges of implementing
Federal reservation systems to achieve management goals for
Federal land, including resource protection, enjoyable
visitor experiences, and sustainable operations and facility
use?
\(ii\) What data are available, and what additional data are
needed, to understand demand for recreation on Federal land?
How can the data be used to balance visitor management and
conservation goals?
\(iii\) What information is available regarding Federal land
users and Federal reservation system users? What information
is available or needs to be collected regarding demographics
and characteristics of successful and unsuccessful applicants
using the Federal reservation systems?
\(iv\) Do Federal reservation systems pose a barrier for
certain communities, including international communities, and
user groups to access appropriate recreation opportunities on
Federal land? If so, what is the nature of any barriers
identified?
\(v\) What best practices should be considered in Federal
reservation system design, including visitation management
system options and booking windows, options to respond to the
needs specific to individual Federal land management units,
and equitable access to recreational activities? What metrics
can be used to record outcomes of Federal reservation system
design?
\(vi\) How have fees been collected for Federal reservation
systems over time to meet the needs of the applicable Federal
agency? How are the revenues from fees for Federal
reservation systems split between, and spent by, Federal land
units, Federal agencies, and third-party contractors? How is
the fee structure disseminated to users? How could
dissemination of information with respect to the fee
structure be improved?
\(vii\) What are the odds of success with respect to securing
a reservation under Federal reservation systems? How are the
odds of success disseminated to users? How could
dissemination of information with respect to the odds of
success be improved?
\(viii\) How are data, including data collected by
contractors, on Federal reservation systems shared with
Federal land managers, researchers, and the public? How can
transparency be improved to inform the decision making of
users of Federal reservation systems?
\(ix\) How are Federal reservation systems incorporating and
adapting to emerging technologies, such as geofencing, bots,
or third-party websites monitoring and reselling
reservations? Are Federal reservation systems resilient to
cyber threats?
\(x\) How can Federal reservation systems be improved to
reduce “no shows” and ensure that recreation sites are
being used during periods of high demand? Would an increase
in first-come, first-served opportunities increase equitable
access to outdoor recreation on Federal land?
\(c\) Report.—The agreement entered into under subsection
\(b\)\(1\) shall include a requirement that, not later than 18
months after the date on which the agreement is entered into,
the National Academy of Sciences shall submit to the
appropriate committees of Congress a report that describes
the results of the study carried out under that subsection.
SA 6042. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E—PROTECTION OF AND INVESTMENT IN CERTAIN FEDERAL LAND IN
CALIFORNIA
SEC. 5001. SHORT TITLE.
This division may be cited as the “Protecting Unique and
Beautiful Landscapes by Investing in California Lands Act”
or the “PUBLIC Lands Act”.
SEC. 5002. DEFINITIONS.
In this division:
\(1\) Secretary.—The term “Secretary” means—
\(A\) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
\(B\) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
\(2\) State.—The term “State” means the State of
California.
TITLE I—FOREST RESTORATION
SEC. 5101. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
\(a\) Definitions.—In this section:
\(1\) Ecological integrity.—The term “ecological
integrity” has the meaning given the term in section 219.19
of title 36, Code of Federal Regulations \(as in effect on the
date of enactment of this Act\).
\(2\) Restoration.—The term “restoration” has the meaning
given the term in section 219.19 of title 36, Code of Federal
Regulations \(as in effect on the date of enactment of this
Act\).
\(3\) Restoration area.—The term “restoration area” means
the South Fork Trinity-Mad River Restoration Area established
by subsection \(b\).
\(4\) Shaded fuel break.—The term “shaded fuel break”
means a vegetation treatment that—
\(A\) reduces fuel characteristics in order to affect fire
behavior such that a fire can be more readily controlled; and
\(B\) retains, to the maximum extent practicable—
\(i\) adequate canopy cover to suppress plant regrowth in the
forest understory following treatment; and
\(ii\) the largest and most vigorous trees in order to
provide the most shade per tree over the longest period of
time.
\(b\) Establishment.—Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 871,414 acres of Federal land
administered by the Forest Service and the Bureau of Land
Management, as generally depicted on the map entitled “South
Fork Trinity-Mad River Restoration Area” and dated May 15,
2020.
\(c\) Purposes.—The purposes of the Restoration Area are—
\(1\) to establish, restore, and maintain fire-resilient
mature and late successional forests, as ecologically
appropriate;
\(2\) to protect and restore aquatic habitat and anadromous
fisheries;
\(3\) to protect the quality of water;
\(4\) to reduce the threat posed by wildfires to neighboring
communities; and
\(5\) to allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the Restoration
Area.
\(d\) Collaborative Restoration and Fire Management Plans.—
Not later than 2 years after the date of enactment of this
Act, the Secretary of Agriculture and Secretary of the
Interior shall jointly submit to Congress—
\(1\) a plan to conduct restoration activities and improve
the ecological integrity of the restoration area; and
\(2\) an updated fire management plan for the land that
includes the restoration area.
\(e\) Collaboration Requirement.—In developing the plans
required under subsection \(d\), the Secretary shall solicit
input from a collaborative group that—
\(1\) includes—
\(A\) appropriate representatives of State and local
governments; and
\(B\) multiple interested persons representing diverse
interests; and
\(2\) is transparent and inclusive.
\(f\) Fire Management Plan Components.—The updated fire
management plan required under subsection \(d\)\(2\) shall, to
the maximum extent practicable, include—
\(1\) the use of prescribed fire; and
\(2\) the use of shaded fuel breaks.
\(g\) Management.—
\(1\) In general.—The Secretary shall conduct restoration
activities in a manner consistent with the plans required
under subsection \(d\).
\(2\) Conflict of laws.—
\(A\) In general.—The establishment of the restoration area
shall not modify the management status of any land or water
that is designated as a component of the National Wilderness
Preservation System or the National Wild and Scenic Rivers
System, including land or water designated as a component of
the National Wilderness Preservation System or the National
Wild and Scenic Rivers System by this division \(including an
amendment made by this division\).
\(B\) Resolution of conflict.—If there is a conflict between
a law applicable to a component described in subparagraph \(A\)
and this section, the more restrictive provision shall
control.
\(h\) Withdrawal.—Subject to valid existing rights, the
restoration area is withdrawn from—
\(1\) all forms of entry, appropriation, and disposal under
the public land laws;
\(2\) location, entry, and patent under the mining laws; and
\(3\) disposition under laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 5102. CALIFORNIA PUBLIC LAND REMEDIATION PARTNERSHIP.
\(a\) Definitions.—In this section:
\(1\) Partnership.—The term “partnership” means the
California Public Land Remediation Partnership established by
subsection \(b\).
\(2\) Priority land.—The term “priority land” means
Federal land in the State that is determined by the
partnership to be a high priority for remediation.
\(3\) Remediation.—
\(A\) In general.—The term “remediation” means to
facilitate the recovery of land or water that has been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity.
\(B\) Inclusions.—The term “remediation” includes—
\(i\) the removal of trash, debris, or other material; and
\(ii\) establishing the composition, structure, pattern, and
ecological processes necessary to facilitate terrestrial or
aquatic ecosystem sustainability, resilience, or health under
current and future conditions.
\(b\) Establishment.—There is established the California
Public Land Remediation Partnership.
\(c\) Purposes.—The purposes of the partnership are to
support coordination of activities among Federal, State,
Tribal, and local authorities and the private sector in the
remediation of priority land in the State affected by illegal
marijuana cultivation or another illegal activity.
\(d\) Membership.—The members of the partnership shall
include the following:
\(1\) The Secretary of Agriculture \(or a designee\) to
represent the Forest Service.
\(2\) The Secretary of the Interior \(or a designee\) to
represent—
\(A\) the United States Fish and Wildlife Service;
\(B\) the Bureau of Land Management; and
\(C\) the National Park Service.
\(3\) The Director of the Office of National Drug Control
Policy \(or a designee\).
\(4\) The Secretary of the State Natural Resources Agency \(or
a designee\) to represent the California Department of Fish
and Wildlife.
\(5\) A designee of the California State Water Resources
Control Board.
\(6\) A designee of the California State Sheriffs'
Association.
\(7\) 1 member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
\(8\) 1 member to represent nongovernmental organizations
with an interest in Federal land remediation, to be appointed
by the Secretary of Agriculture.
\(9\) 1 member to represent local governmental interests, to
be appointed by the Secretary of Agriculture.
\(10\) A law enforcement official from each of the following:
\(A\) The Department of the Interior.
\(B\) The Department of Agriculture.
\(11\) A subject matter expert to provide expertise and
advice on methods needed for remediation efforts, to be
appointed by the Secretary of Agriculture.
\(12\) A designee of the National Guard Counterdrug Program.
\(13\) Any other members that are determined to be
appropriate by the partnership.
\(e\) Duties.—To further the purposes of this section and
subject to subsection \(f\), the partnership shall—
\(1\) identify priority land for remediation in the State;
\(2\) secure voluntary contributions of resources from
Federal sources and non-Federal sources for remediation of
priority land in the State;
\(3\) support efforts by Federal, State, Tribal, and local
agencies and nongovernmental organizations in carrying out
remediation of priority land in the State;
\(4\) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority land in the State;
\(5\) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts
on priority land in the State, to the maximum extent
practicable; and
\(6\) carry out any other administrative or advisory
activities necessary to address remediation of priority land
in the State.
\(f\) Limitation.—Nothing in this section limits the
authorities of the Federal, State, Tribal, and local entities
that comprise the partnership.
\(g\) Authorities.—Subject to the prior approval of the
Secretary of Agriculture and consistent with applicable law
\(including regulations\), the partnership may—
\(1\) provide grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
\(2\) enter into cooperative agreements with or provide
technical assistance to Federal agencies, the State,
political subdivisions of the State, nonprofit organizations,
and other interested persons;
\(3\) identify opportunities for collaborative efforts among
members of the partnership;
\(4\) hire and compensate staff;
\(5\) obtain funds or services from any source, including—
\(A\) Federal funds \(including funds and services provided
under any other Federal law or program\); and
\(B\) non-Federal funds;
\(6\) coordinate to identify sources of funding or services
that may be available for remediation activities;
\(7\) seek funds or services from any source, including—
\(A\) Federal funds \(including funds and services provided
under any other Federal law or program\); and
\(B\) non-Federal funds; and
\(8\) support—
\(A\) activities of partners; and
\(B\) any other activities that further the purposes of this
section.
\(h\) Procedures.—The partnership shall establish any
internal administrative procedures for the partnership that
the partnership determines to be necessary or appropriate.
\(i\) Local Hiring.—The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and individuals in carrying out
this section.
\(j\) Service Without Compensation.—A member of the
partnership shall serve without pay.
\(k\) Duties and Authorities of the Secretaries.—
\(1\) In general.—The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
\(2\) Technical and financial assistance.—The Secretary of
Agriculture and the Secretary of the Interior may provide
technical and financial assistance, on a reimbursable or
nonreimbursable basis, as determined to be appropriate by the
Secretary of Agriculture or the Secretary of the Interior, as
applicable, to the partnership or any members of the
partnership to carry out this section.
\(3\) Cooperative agreements.—The Secretary of Agriculture
and the Secretary of the Interior may enter into cooperative
agreements with the partnership, any member of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
section.
SEC. 5103. LAND AND RESOURCE MANAGEMENT PLANS.
In revising the land and resource management plan for the
Shasta-Trinity and Six Rivers National Forests, the Secretary
of Agriculture shall consider the purposes of the South Fork
Trinity-Mad River Restoration Area established by section
5101\(b\).
SEC. 5104. ANNUAL FIRE MANAGEMENT PLANS.
In revising the fire management plan for a wilderness area
or wilderness addition designated by section 5301\(a\), the
Secretary shall—
\(1\) develop spatial fire management plans in accordance
with—
\(A\) the Guidance for Implementation of Federal Wildland
Fire Management Policy, dated February 13, 2009, including
any amendments to the guidance; and
\(B\) other appropriate policies;
\(2\) ensure that a fire management plan—
\(A\) considers how prescribed or managed fire can be used to
achieve ecological management objectives of wilderness and
other natural or primitive areas; and
\(B\) in the case of a wilderness area to which land is added
under section 5301, provides consistent direction regarding
fire management to the entire wilderness area, including the
wilderness addition;
\(3\) consult with—
\(A\) appropriate State, Tribal, and local governmental
entities; and
\(B\) members of the public; and
\(4\) comply with applicable law \(including regulations\).
TITLE II—RECREATION
SEC. 5201. BIGFOOT NATIONAL RECREATION TRAIL.
\(a\) Feasibility Study.—
\(1\) In general.—Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of Agriculture \(referred to in this section as the
“Secretary”\), in cooperation with the Secretary of the
Interior, shall prepare and submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives a study
that describes the feasibility of establishing a nonmotorized
Bigfoot National Recreation Trail that follows the route
described in paragraph \(2\).
\(2\) Route.—The route referred to in paragraph \(1\) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, following the route as
generally depicted on the map entitled “Bigfoot National
Recreation Trail—Proposed” and dated July 25, 2018.
\(3\) Additional requirement.—In completing the study
required under paragraph \(1\), the Secretary shall consult
with—
\(A\) appropriate Federal, State, Tribal, regional, and local
agencies;
\(B\) private landowners;
\(C\) nongovernmental organizations; and
\(D\) members of the public.
\(b\) Designation.—
\(1\) In general.—On completion of the study under
subsection \(a\), if the Secretary determines that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail under section 4
of the National Trails System Act \(16 U.S.C. 1243\), the
Secretary shall designate the Bigfoot National Recreation
Trail \(referred to in this section as the “trail”\) in
accordance with—
\(A\) the National Trails System Act \(16 U.S.C. 1241 et
seq.\);
\(B\) this title; and
\(C\) other applicable law \(including regulations\).
\(2\) Administration.—On designation by the Secretary, the
trail shall be administered by the Secretary, in consultation
with—
\(A\) other Federal, State, Tribal, regional, and local
agencies;
\(B\) private landowners; and
\(C\) other interested organizations.
\(3\) Private property rights.—
\(A\) In general.—No portions of the trail may be located on
non-Federal land without the written consent of the
landowner.
\(B\) Prohibition.—The Secretary shall not acquire for the
trail any land or interest in land outside the exterior
boundary of any federally managed area without the consent of
the owner of the land or interest in the land.
\(C\) Effect.—Nothing in this section—
\(i\) requires any private property owner to allow public
access \(including Federal, State, or local government access\)
to private property; or
\(ii\) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
\(c\) Cooperative Agreements.—In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local government entities and private
entities—
\(1\) to complete necessary trail construction,
reconstruction, realignment, or maintenance; or
\(2\) carry out education projects relating to the trail.
\(d\) Map.—
\(1\) Map required.—On designation of the trail, the
Secretary shall prepare a map of the trail.
\(2\) Public availability.—The map referred to in paragraph
\(1\) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 5202. ELK CAMP RIDGE RECREATION TRAIL.
\(a\) Designation.—
\(1\) In general.—In accordance with paragraph \(2\), the
Secretary of Agriculture \(referred to in this section as the
“Secretary”\), after providing an opportunity for public
comment, shall designate a trail \(which may include a system
of trails\)—
\(A\) for use by off-highway vehicles, mountain bicycles, or
both; and
\(B\) to be known as the “Elk Camp Ridge Recreation Trail”
\(referred to in this section as the “trail”\).
\(2\) Requirements.—In designating the trail under paragraph
\(1\), the Secretary shall only include routes that are—
\(A\) as of the date of enactment of this Act, authorized for
use by off-highway vehicles, mountain bicycles, or both; and
\(B\) located on land that is managed by the Forest Service
in Del Norte County in the State.
\(3\) Map.—A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
\(b\) Management.—
\(1\) In general.—The Secretary shall manage the trail—
\(A\) in accordance with applicable law \(including
regulations\);
\(B\) in a manner that ensures the safety of citizens who use
the trail; and
\(C\) in a manner that minimizes any damage to sensitive
habitat or cultural resources.
\(2\) Monitoring; evaluation.—To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of
off-highway vehicles and mountain bicycles on—
\(A\) the trail;
\(B\) land located in proximity to the trail; and
\(C\) plants, wildlife, and wildlife habitat.
\(3\) Closure.—The Secretary, in consultation with the State
and Del Norte County in the State and subject to paragraph
\(4\), may temporarily close or permanently reroute a portion
of the trail if the Secretary determines that—
\(A\) the trail is having an adverse impact on—
\(i\) wildlife habitat;
\(ii\) natural resources;
\(iii\) cultural resources; or
\(iv\) traditional uses;
\(B\) the trail threatens public safety; or
\(C\) closure of the trail is necessary—
\(i\) to repair damage to the trail; or
\(ii\) to repair resource damage.
\(4\) Rerouting.—Any portion of the trail that is
temporarily closed by the Secretary under paragraph \(3\) may
be permanently rerouted along any road or trail—
\(A\) that is—
\(i\) in existence as of the date of the closure of the
portion of the trail;
\(ii\) located on public land; and
\(iii\) open to motorized or mechanized use; and
\(B\) if the Secretary determines that rerouting the portion
of the trail would not significantly increase or decrease the
length of the trail.
\(5\) Notice of available routes.—The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through—
\(A\) the placement of appropriate signage along the trail;
and
\(B\) the distribution of maps, safety education materials,
and other information that the Secretary determines to be
appropriate.
\(c\) Effect.—Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
\(including any interest in any non-Federal land\).
SEC. 5203. TRINITY LAKE TRAIL.
\(a\) Trail Construction.—
\(1\) Feasibility study.—Not later than 3 years after the
date of enactment of this Act, the Secretary shall study the
feasibility and public interest of constructing a
recreational trail for nonmotorized uses around Trinity Lake
\(referred to in this section as the “trail”\).
\(2\) Construction.—
\(A\) Construction authorized.—Subject to appropriations and
in accordance with paragraph \(3\), if the Secretary determines
under paragraph \(1\) that the construction of the trail is
feasible and in the public interest, the Secretary may
provide for the construction of the trail.
\(B\) Use of volunteer services and contributions.—The trail
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the trail.
\(3\) Compliance.—In carrying out this section, the
Secretary shall comply with—
\(A\) the laws \(including regulations\) generally applicable
to the National Forest System; and
\(B\) this division.
\(b\) Effect.—Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
\(including any interest in any non-Federal land\).
SEC. 5204. CONDOR NATIONAL SCENIC TRAIL STUDY.
\(a\) In General.—The Secretary of Agriculture shall conduct
a study that addresses the feasibility of, and alternatives
for, connecting the northern and southern portions of the Los
Padres National Forest by establishing a trail across the
applicable portions of the northern and southern Santa Lucia
Mountains of the southern California Coastal Range by
designating the Condor National Scenic Trail as a component
of the National Trails System.
\(b\) Contents.—In carrying out the study required under
subsection \(a\), the Secretary of Agriculture shall—
\(1\) comply with the requirements for studies for a national
scenic trail described in section 5\(b\) of the National Trails
System Act \(16 U.S.C. 1244\(b\)\);
\(2\) provide for a continual hiking route through and
connecting the southern and northern sections of the Los
Padres National Forest;
\(3\) promote recreational, scenic, wilderness, and cultural
values;
\(4\) enhance connectivity with the overall system of
National Forest System trails;
\(5\) consider new connectors and realignment of existing
trails;
\(6\) emphasize safe and continuous public access, dispersal
from high-use areas, and suitable water sources; and
\(7\) to the extent practicable, provide all-year use.
\(c\) Additional Requirement.—In completing the study
required under subsection \(a\), the Secretary of Agriculture
shall consult with—
\(1\) appropriate Federal, State, Tribal, regional, and local
agencies;
\(2\) private landowners;
\(3\) nongovernmental organizations; and
\(4\) members of the public.
\(d\) Submission.—The Secretary of Agriculture shall submit
the study required under subsection \(a\) to—
\(1\) the Committee on Energy and Natural Resources of the
Senate; and
\(2\) the Committee on Natural Resources of the House of
Representatives.
SEC. 5205. LOS PADRES, SIX RIVERS, SHASTA-TRINITY, AND
MENDOCINO NATIONAL FORESTS TRAILS STUDY.
\(a\) In General.—Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of Agriculture, in accordance with subsection \(b\)
and in consultation with interested parties, shall conduct a
study—
\(1\) to improve motorized and nonmotorized recreation trail
opportunities \(including mountain bicycling\) on land not
designated as wilderness within the portions of the Los
Padres National Forest in Santa Barbara, Ventura, and San
Luis Obispo Counties and within the portions of the Six
Rivers, Shasta-Trinity, and Mendocino National Forests
located in Del Norte, Humboldt, Trinity, and Mendocino
Counties in the State; and
\(2\) of the feasibility of opening a new trail, for vehicles
measuring 50 inches or less in width, connecting Forest
Service Highway 95 in the Los Padres National Forest to the
existing off-highway vehicle trail system in the Ballinger
Canyon Off-Highway Vehicle Area.
\(b\) Consultation.—In carrying out the study under
subsection \(a\), the Secretary of Agriculture shall consult
with the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the National
Forest System land described in subsection \(a\)\(1\).
SEC. 5206. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
\(a\) Trail Construction.—
\(1\) Feasibility study.—Not later than 3 years after the
date on which funds are made available to carry out this
section, the Secretary of Agriculture \(referred to in this
section as the “Secretary”\) shall study the feasibility and
public interest of constructing recreational trails for
mountain bicycling and other nonmotorized uses on the routes
as generally depicted in the report entitled “Trail Study
for Smith River National Recreation Area Six Rivers National
Forest” and dated 2016.
\(2\) Construction.—
\(A\) Construction authorized.—Subject to appropriations and
in accordance with paragraph \(3\), if the Secretary determines
under paragraph \(1\) that the construction of 1 or more routes
described in that paragraph is feasible and in the public
interest, the Secretary may provide for the construction of
the routes.
\(B\) Modifications.—The Secretary may modify the routes, as
determined to be necessary by the Secretary.
\(C\) Use of volunteer services and contributions.—Routes
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the route.
\(3\) Compliance.—In carrying out this section, the
Secretary shall comply with—
\(A\) the laws \(including regulations\) generally applicable
to the National Forest System; and
\(B\) this division.
\(b\) Effect.—Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
\(including any interest in any non-Federal land\).
SEC. 5207. PARTNERSHIPS.
\(a\) Agreements Authorized.—The Secretary may enter into
agreements with qualified private and nonprofit organizations
to carry out the following activities on Federal land in
Mendocino, Humboldt, Trinity, and Del Norte Counties in the
State:
\(1\) Trail and campground maintenance.
\(2\) Public education, visitor contacts, and outreach.
\(3\) Visitor center staffing.
\(b\) Contents.—An agreement entered into under subsection
\(a\) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
\(c\) Compliance.—The Secretary shall enter into agreements
under subsection \(a\) in accordance with existing law.
\(d\) Effect.—Nothing in this section—
\(1\) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
\(2\) amends or modifies the application of any existing law
\(including regulations\) applicable to land under the
jurisdiction of the Secretary.
SEC. 5208. TRINITY LAKE VISITOR CENTER.
\(a\) In General.—The Secretary of Agriculture may
establish, in cooperation with any other public or private
entity that the Secretary determines to be appropriate, a
visitor center in Weaverville, California—
\(1\) to serve visitors; and
\(2\) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
\(b\) Requirements.—The Secretary shall ensure that the
visitor center authorized under subsection \(a\) is designed to
provide for the interpretation of the scenic, biological,
natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources
of the Whiskeytown-Shasta-Trinity National Recreation Area
and other Federal land in the vicinity of the visitor center.
\(c\) Cooperative Agreements.—In a manner consistent with
this section, the Secretary may enter into cooperative
agreements with the State and any other appropriate
institutions and organizations to carry out the purposes of
this section.
SEC. 5209. DEL NORTE COUNTY VISITOR CENTER.
\(a\) In General.—The Secretary of Agriculture and the
Secretary of the Interior, acting jointly or separately
\(referred to in this section as the “Secretaries”\), may
establish, in cooperation with any other public or private
entity that the Secretaries determine to be appropriate, a
visitor center in Del Norte County, California—
\(1\) to serve visitors; and
\(2\) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and any other Federal land in the vicinity of the
visitor center.
\(b\) Requirements.—In carrying out subsection \(a\), the
Secretaries—
\(1\) may act jointly or separately; and
\(2\) shall ensure that the visitor center authorized under
that subsection is designed to interpret the scenic,
biological, natural, historical, scientific, paleontological,
recreational, ecological, wilderness, and cultural resources
of Redwood National and State Parks, the Smith River National
Recreation Area, and any other Federal recreational land in
the vicinity of the visitor center.
SEC. 5210. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
\(a\) Study.—The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities
and private and nonprofit organizations, shall conduct a
study to evaluate the feasibility and suitability of
establishing overnight accommodations near Redwood National
and State Parks on—
\(1\) Federal land that is within 20 miles of the northern
boundary of Redwood National and State Parks; and
\(2\) Federal land that is within 20 miles of the southern
boundary of Redwood National and State Parks.
\(b\) Partnerships.—
\(1\) Agreements authorized.—If the Secretary determines,
based on the study conducted under subsection \(a\), that
establishing the accommodations described in that subsection
is suitable and feasible, the Secretary may, in accordance
with applicable law, enter into 1 or more agreements with
qualified private and nonprofit organizations for the
development, operation, and maintenance of the
accommodations.
\(2\) Contents.—Any agreement entered into under paragraph
\(1\) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization entering
into the agreement.
\(3\) Effect.—Nothing in this subsection—
\(A\) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
\(B\) amends or modifies the application of any law
\(including regulations\) applicable to land under the
jurisdiction of the Secretary.
TITLE III—CONSERVATION
SEC. 5301. DESIGNATION OF WILDERNESS.
\(a\) In General.—In accordance with the Wilderness Act \(16
U.S.C. 1131 et seq.\), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
\(1\) Black butte river wilderness.—Certain Federal land in
the Mendocino National Forest, comprising approximately
11,155 acres, as generally depicted on the map entitled
“Black Butte Wilderness—Proposed” and dated May 15, 2020,
which shall be known as the “Black Butte River Wilderness”.
\(2\) Caliente mountain wilderness.—Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 35,116 acres, as generally depicted
on the map entitled “Proposed Caliente Mountain Wilderness”
and dated February 2, 2022, which shall be known as the
“Caliente Mountain Wilderness”.
\(3\) Chanchelulla wilderness additions.—Certain Federal
land in the Shasta-Trinity National Forest, comprising
approximately 6,382 acres, as generally depicted on the map
entitled “Chanchelulla Wilderness Additions—Proposed” and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness designated by
section 101\(a\)\(4\) of the California Wilderness Act of 1984
\(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1619\).
\(4\) Chinquapin wilderness.—Certain Federal land in the
Shasta-Trinity National Forest, comprising approximately
31,028 acres, as generally depicted on the map entitled
“Chinquapin Wilderness—Proposed” and dated November 14,
2023, which shall be known as the “Chinquapin Wilderness”.
\(5\) Chumash wilderness addition.—Certain Federal land in
the Los Padres National Forest comprising approximately
23,670 acres, as generally depicted on the map entitled
“Chumash Wilderness Area Additions—Proposed” and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Chumash Wilderness as designated by section
2\(5\) of the Los Padres Condor Range and River Protection Act
\(16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 243\).
\(6\) Condor peak wilderness.—Certain Federal land in the
Angeles National Forest, comprising approximately 8,207
acres, as generally depicted on the map entitled “Condor
Peak Wilderness—Proposed” and dated June 6, 2019, which
shall be known as the “Condor Peak Wilderness”.
\(7\) Diablo caliente wilderness.—Certain Federal land in
the Los Padres National Forest comprising approximately
17,870 acres, as generally depicted on the map entitled
“Diablo Caliente Wilderness Area—Proposed” and dated March
29, 2019, which shall be known as the “Diablo Caliente
Wilderness”.
\(8\) Dick smith wilderness addition.—Certain Federal land
in the Los Padres National Forest comprising approximately
54,036 acres, as generally depicted on the maps entitled
“Dick Smith Wilderness Area Additions—Proposed Map 1 of 2
\(Bear Canyon and Cuyama Peak Units\)” and “Dick Smith
Wilderness Area Additions—Proposed Map 2 of 2 \(Buckhorn and
Mono Units\)” and dated November 14, 2019, which shall be
incorporated into and managed as part of the Dick Smith
Wilderness as designated by section 101\(a\)\(6\) of the
California Wilderness Act of 1984 \(16 U.S.C. 1132 note;
Public Law 98-425; 98 Stat. 1620\).
\(9\) Elkhorn ridge wilderness addition.—Certain Federal
land administered by the Bureau of Land Management in the
State, comprising approximately 37 acres, as generally
depicted on the map entitled “Proposed Elkhorn Ridge
Wilderness Additions” and dated February 2, 2022, which is
incorporated in, and considered to be a part of, the Elkhorn
Ridge Wilderness designated by section 6\(d\) of the Northern
California Coastal Wild Heritage Wilderness Act \(16 U.S.C.
1132 note; Public Law 109-362; 120 Stat. 2070\).
\(10\) English ridge wilderness.—Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 6,204 acres, as generally depicted
on the map entitled “English Ridge Wilderness—Proposed”
and dated February 2, 2022, which shall be known as the
“English Ridge Wilderness”.
\(11\) Garcia wilderness addition.—Certain Federal land in
the Los Padres National Forest and certain Federal land
administered by the Bureau of Land Management in the State
comprising approximately 7,289 acres, as generally depicted
on the map entitled “Garcia Wilderness Area Additions—
Proposed” and dated March 29, 2019, which shall be
incorporated into and managed as part of the Garcia
Wilderness as designated by section 2\(4\) of the Los Padres
Condor Range and River Protection Act \(16 U.S.C. 1132 note;
Public Law 102-301; 106 Stat. 243\).
\(12\) Machesna mountain wilderness addition.—Certain
Federal land in the Los Padres National Forest and certain
Federal land administered by the Bureau of Land Management in
the State comprising approximately 10,817 acres, as generally
depicted on the map entitled “Machesna Mountain Wilderness—
Proposed Additions” and dated October 30, 2019, and depicted
on the map entitled “Machesna Mountain Potential
Wilderness” and dated November 14, 2023, which shall be
incorporated into and managed as part of the Machesna
Mountain Wilderness as designated by section 101\(a\)\(38\) of
the California Wilderness Act of 1984 \(16 U.S.C. 1132 note;
Public Law 98-425; 98 Stat. 1624\).
\(13\) Mad river buttes wilderness.—Certain Federal land in
the Six Rivers National Forest comprising approximately 6,097
acres, as generally depicted on the map entitled “Mad River
Buttes Wilderness—Proposed” and dated May 15, 2020, which
shall be known as the “Mad River Buttes Wilderness”.
\(14\) Matilija wilderness addition.—Certain Federal land in
the Los Padres National Forest comprising approximately
30,184 acres, as generally depicted on the map entitled
“Matilija Wilderness Area Additions—Proposed” and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Matilija Wilderness as designated by section
2\(2\) of the Los Padres Condor Range and River Protection Act
\(16 U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242\).
\(15\) Mount lassic wilderness addition.—Certain Federal
land in the Six Rivers National Forest, comprising
approximately 1,288 acres, as generally depicted on the map
entitled “Mt. Lassic Wilderness Additions—Proposed” and
dated May 15, 2020, which is incorporated in, and considered
to be a part of, the Mount Lassic Wilderness designated by
section 3\(6\) of the Northern California Coastal Wild Heritage
Wilderness Act \(16 U.S.C. 1132 note; Public Law 109-362; 120
Stat. 2065\).
\(16\) North fork wilderness addition.—Certain Federal land
in the Six Rivers National Forest and certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 16,342 acres, as generally depicted
on the map entitled “North Fork Eel Wilderness Additions”
and dated May 15, 2020, which is incorporated in, and
considered to be a part of, the North Fork Wilderness
designated by section 101\(a\)\(19\) of the California Wilderness
Act of 1984 \(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat.
1621\).
\(17\) Pattison wilderness.—Certain Federal land in the
Shasta-Trinity National Forest, comprising approximately
29,451 acres, as generally depicted on the map entitled
“Pattison Wilderness—Proposed” and dated May 15, 2020,
which shall be known as the “Pattison Wilderness”.
\(18\) San gabriel wilderness additions.—Certain Federal
land in the Angeles National Forest, comprising approximately
2,032 acres, as generally depicted on the map entitled “San
Gabriel Wilderness Additions” and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 \(16 U.S.C.
1132 note; 82 Stat. 131\).
\(19\) San rafael wilderness addition.—Certain Federal land
in the Los Padres National Forest comprising approximately
23,969 acres, as generally depicted on the map entitled “San
Rafael Wilderness Area Additions—Proposed” and dated
November 14, 2023, which shall be incorporated into and
managed as part of the San Rafael Wilderness as designated by
Public Law 90-271 \(16 U.S.C. 1132 note; 82 Stat. 51\).
\(20\) Santa lucia wilderness addition.—Certain Federal land
in the Los Padres National Forest comprising approximately
2,921 acres, as generally depicted on the map entitled
“Santa Lucia Wilderness Area Additions—Proposed” and dated
March 29, 2019, which shall be incorporated into and managed
as part of the Santa Lucia Wilderness as designated by
section 2\(c\) of the Endangered American Wilderness Act of
1978 \(16
U.S.C. 1132 note; Public Law 95-237; 92 Stat. 41\).
\(21\) Sespe wilderness addition.—Certain Federal land in
the Los Padres National Forest comprising approximately
14,313 acres, as generally depicted on the map entitled
“Sespe Wilderness Area Additions—Proposed” and dated March
29, 2019, which shall be incorporated into and managed as
part of the Sespe Wilderness as designated by section 2\(1\) of
the Los Padres Condor Range and River Protection Act \(16
U.S.C. 1132 note; Public Law 102-301; 106 Stat. 242\).
\(22\) Sheep mountain wilderness additions.—Certain Federal
land in the Angeles National Forest, comprising approximately
11,938 acres, as generally depicted on the map entitled
“Sheep Mountain Wilderness Additions” and dated November
14, 2023, which is incorporated in, and considered to be a
part of, the Sheep Mountain Wilderness designated by section
101\(a\)\(29\) of the California Wilderness Act of 1984 \(16
U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623\).
\(23\) Siskiyou wilderness addition.—Certain Federal land in
the Six Rivers National Forest comprising approximately
29,594 acres, as generally depicted on the maps entitled
“Siskiyou Wilderness Additions—Proposed \(North\)” and
“Siskiyou Wilderness Additions—Proposed \(South\)” and dated
November 14, 2023, which is incorporated in, and considered
to be a part of, the Siskiyou Wilderness, as designated by
section 101\(a\)\(30\) of the California Wilderness Act of 1984
\(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat. 1623\).
\(24\) Soda lake wilderness.—Certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 13,332 acres, as generally depicted
on the map entitled “Proposed Soda Lake Wilderness” and
dated June 25, 2019, which shall be known as the “Soda Lake
Wilderness”.
\(25\) South fork eel river wilderness addition.—Certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 603 acres, as generally
depicted on the map entitled “South Fork Eel River
Wilderness Additions—Proposed” and dated February 2, 2022,
which is incorporated in, and considered to be a part of, the
South Fork Eel River Wilderness designated by section 3\(10\)
of the Northern California Coastal Wild Heritage Wilderness
Act \(16 U.S.C. 1132 note; Public Law 109-362; 120 Stat.
2066\).
\(26\) South fork trinity river wilderness.—Certain Federal
land in the Shasta-Trinity National Forest, comprising
approximately 26,562 acres, as generally depicted on the map
entitled “South Fork Trinity River Wilderness Additions—
Proposed” and dated November 14, 2023, which shall be known
as the “South Fork Trinity River Wilderness”.
\(27\) Temblor ridge wilderness addition.—Certain land in
the Bakersfield Field Office of the Bureau of Land Management
comprising approximately 12,585 acres, as generally depicted
on the map entitled “Proposed Temblor Range Wilderness” and
dated June 25, 2019, which shall be known as the “Temblor
Range Wilderness”.
\(28\) Trinity alps wilderness addition.—Certain Federal
land in the Shasta-Trinity National Forest and certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 62,474 acres, as
generally depicted on the maps entitled “Trinity Alps
Proposed Wilderness Additions EAST” and dated November 14,
2023, and “Trinity Alps Wilderness Additions West—
Proposed” and dated May 15, 2020, which is incorporated in,
and considered to be a part of, the Trinity Alps Wilderness
designated by section 101\(a\)\(34\) of the California Wilderness
Act of 1984 \(16 U.S.C. 1132 note; Public Law 98-425; 98 Stat.
1623\).
\(29\) Underwood wilderness.—Certain Federal land in the Six
Rivers and Shasta-Trinity National Forests comprising
approximately 15,068 acres, as generally depicted on the map
entitled “Underwood Wilderness—Proposed” and dated May 15,
2020, which shall be known as the “Underwood Wilderness”.
\(30\) Yerba buena wilderness.—Certain Federal land in the
Angeles National Forest, comprising approximately 6,694
acres, as generally depicted on the map entitled “Yerba
Buena Wilderness—Proposed” and dated June 6, 2019, which
shall be known as the “Yerba Buena Wilderness”.
\(31\) Yolla bolly-middle eel wilderness additions.—Certain
Federal land in the Mendocino National Forest and certain
Federal land administered by the Bureau of Land Management in
the State, comprising approximately 21,126 acres, as
generally depicted on the maps entitled “Yolla Bolly
Wilderness Proposed—NORTH” and dated May 15, 2020, “Yolla
Bolly Wilderness Proposed—SOUTH” and dated November 14,
2023, and “Yolla Bolly Wilderness Proposed—WEST” and dated
May 15, 2020, which is incorporated in, and considered to be
a part of, the Yolla Bolly-Middle Eel Wilderness designated
by section 3 of the Wilderness Act \(16 U.S.C. 1132\).
\(32\) Yuki wilderness addition.—Certain Federal land in the
Mendocino National Forest and certain Federal land
administered by the Bureau of Land Management in the State,
comprising approximately 14,132 acres, as generally depicted
on the map entitled “Yuki Wilderness Additions—Proposed”
and dated November 14, 2023, which is incorporated in, and
considered to be a part of, the Yuki Wilderness designated by
section 3\(3\) of the Northern California Coastal Wild Heritage
Wilderness Act \(16 U.S.C. 1132 note; Public Law 109-362; 120
Stat. 2065\).
\(b\) Renaming of North Fork Wilderness as North Fork Eel
River Wilderness.—
\(1\) In general.—Section 101\(a\)\(19\) of the California
Wilderness Act of 1984 \(16 U.S.C. 1132 note; Public Law 98-
425; 98 Stat. 1621\) is amended by striking “which shall be
known as the North Fork Wilderness” and inserting “which
shall be known as the North Fork Eel River Wilderness”.
\(2\) References.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
North Fork Wilderness shall be considered to be a reference
to the “North Fork Eel River Wilderness”.
\(c\) Elkhorn Ridge Wilderness Modification.—The boundary of
the Elkhorn Ridge Wilderness established by section 6\(d\) of
the Northern California Coastal Wild Heritage Wilderness Act
\(16 U.S.C. 1132 note; Public Law 109-362; 120 Stat. 2070\) is
modified by removing approximately 30 acres of Federal land,
as generally depicted on the map entitled “Proposed Elkhorn
Ridge Wilderness Additions” and dated October 24, 2019.
SEC. 5302. ADMINISTRATION OF WILDERNESS.
\(a\) In General.—Subject to valid existing rights, a
wilderness area or addition established by section 5301\(a\)
\(referred to in this section as a “wilderness area”\) shall
be administered by the Secretary in accordance with this
subtitle and the Wilderness Act \(16 U.S.C. 1131 et seq.\),
except that—
\(1\) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
\(2\) for land under the jurisdiction of the Secretary of the
Interior, any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
\(b\) Fire Management and Related Activities.—
\(1\) In general.—The Secretary may carry out any activities
in a wilderness area as are necessary for the control of
fire, insects, or disease in accordance with section 4\(d\)\(1\)
of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\).
\(2\) Revision and development of local fire management
plans.—As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local information in
the Fire Management Reference System or individual
operational plan that applies to the land designated as a
wilderness area.
\(3\) Funding priorities.—Nothing in this subtitle limits
funding for fire or fuels management in a wilderness area.
\(4\) Administration.—In accordance with paragraph \(1\) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area,
the Secretary of Agriculture and the Secretary of the
Interior shall—
\(A\) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures \(including
appropriate delegations of authority to the Forest
Supervisor, District Manager, and other applicable agency
field office officials\) for responding to fire emergencies;
and
\(B\) enter into agreements with appropriate State or local
firefighting agencies.
\(c\) Grazing.—The grazing of livestock in a wilderness
area, if established before the date of enactment of this
Act, shall be administered in accordance with—
\(1\) section 4\(d\)\(4\) of the Wilderness Act \(16 U.S.C.
1133\(d\)\(4\)\);
\(2\)\(A\) for land under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
\(H. Rept. 96-617\); and
\(B\) for land under the jurisdiction of the Secretary of the
Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress \(H. Rept. 101-405\); and
\(3\) all other laws governing livestock grazing on Federal
public land.
\(d\) Fish and Wildlife.—
\(1\) In general.—In accordance with section 4\(d\)\(7\) of the
Wilderness Act \(16 U.S.C. 1133\(d\)\(7\)\), nothing in this title
affects the jurisdiction or responsibilities of the State
with respect to fish and wildlife in the State.
\(2\) Management activities.—In support of the purposes and
principles of the Wilderness Act \(16 U.S.C. 1131 et seq.\),
the Secretary may conduct any management activity that the
Secretary determines to be necessary to maintain or restore a
fish, wildlife, or plant population or habitat in a
wilderness area, if the management activity is conducted in
accordance with—
\(A\) an applicable wilderness management plan;
\(B\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and
\(C\) appropriate policies, such as the policies established
in Appendix B of the report of the Committee on Interior and
Insular Affairs of the House of Representatives accompanying
H.R. 2570 of the 101st Congress \(H. Rept. 101-405\).
\(e\) Buffer Zones.—
\(1\) In general.—Nothing in this title establishes a
protective perimeter or buffer zone around a wilderness area.
\(2\) Outside activities or uses.—The fact that a
nonwilderness activity or use can be seen or heard from
within a wilderness area shall not preclude the activity or
use outside the boundary of the wilderness area.
\(f\) Military Activities.—Nothing in this title precludes—
\(1\) low-level overflights of military aircraft over a
wilderness area;
\(2\) the designation of a new unit of special airspace over
a wilderness area; or
\(3\) the use or establishment of a military flight training
route over a wilderness area.
\(g\) Horses.—Nothing in this title precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, a wilderness area—
\(1\) in accordance with section 4\(d\)\(5\) of the Wilderness
Act \(16 U.S.C. 1133\(d\)\(5\)\); and
\(2\) subject to any terms and conditions determined to be
necessary by the Secretary.
\(h\) Withdrawal.—Subject to valid existing rights, the
wilderness areas and additions to wilderness area made by
this title are withdrawn from—
\(1\) all forms of entry, appropriation, and disposal under
the public land laws;
\(2\) location, entry, and patent under the mining laws; and
\(3\) operation of the mineral materials and geothermal
leasing laws.
\(i\) Incorporation of Acquired Land and Interests.—Any land
within the boundary of a wilderness area that is acquired by
the United States shall—
\(1\) become part of the wilderness area in which the land is
located;
\(2\) be withdrawn in accordance with subsection \(h\); and
\(3\) be managed in accordance with—
\(A\) this section;
\(B\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and
\(C\) any other applicable law.
\(j\) Climatological Data Collection.—In accordance with the
Wilderness Act \(16 U.S.C. 1131 et seq.\) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in a wilderness area if the Secretary determines that
the devices and access to the devices are essential to a
flood warning, flood control, or water reservoir operation
activity.
\(k\) Recreational Climbing.—Nothing in this division
prohibits recreational rock climbing activities in the
wilderness areas, such as the placement, use, and maintenance
of fixed anchors, including any fixed anchor established
before the date of enactment of this Act—
\(1\) in accordance with the Wilderness Act \(16 U.S.C. 1131
et seq.\) and other applicable laws; and
\(2\) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 5303. DESIGNATION OF POTENTIAL WILDERNESS.
\(a\) Designation.—In furtherance of the purposes of the
Wilderness Act \(16 U.S.C. 1131 et seq.\), the following
Federal land is designated as potential wilderness:
\(1\) Certain Federal land in Redwood National Park
administered by the National Park Service, compromising
approximately 31,000 acres, as generally depicted on the map
entitled “Redwood National Park—Potential Wilderness” and
dated October 9, 2019.
\(2\) Certain Federal land administered by the Bureau of Land
Management in the State, comprising approximately 2,918
acres, as generally depicted on the map entitled “Yuki
Proposed Potential Wilderness” and dated May 15, 2020.
\(b\) Management.—Except as provided in subsection \(c\), the
Secretary shall manage the potential wilderness area
designated by subsection \(a\) \(referred to in this section as
a “potential wilderness area”\) as wilderness until the date
on which the potential wilderness area is designated as
wilderness under subsection \(d\).
\(c\) Ecological Restoration.—
\(1\) In general.—For purposes of ecological restoration
\(including the elimination of non-native species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph \(2\)\), the Secretary may use
motorized equipment and mechanized transport in the potential
wilderness area until the date on which the potential
wilderness area is designated as wilderness under subsection
\(d\).
\(2\) Limitation.—To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
\(d\) Wilderness Designation.—The potential wilderness area
shall be designated as wilderness and as a component of the
National Wilderness Preservation System on the date on which
the Secretary publishes in the Federal Register notice that
the conditions in the potential wilderness area that are
incompatible with the Wilderness Act \(16 U.S.C. 1131 et seq.\)
have been removed.
\(e\) Administration as Wilderness.—On the designation of a
potential wilderness area as wilderness under subsection
\(d\)—
\(1\) the land described in subsection \(a\)\(1\) shall be
administered in accordance with the Wilderness Act \(16 U.S.C.
1131 et seq.\) and the laws generally applicable to units of
the National Park System; and
\(2\) the land described in subsection \(a\)\(2\) shall be
incorporated in, and considered to be a part of, the Yuki
Wilderness designated by section 3\(3\) of the Northern
California Coastal Wild Heritage Wilderness Act \(16 U.S.C.
1132 note; Public Law 109-362; 120 Stat. 2065\).
\(f\) Report.—Not later than 3 years after the date of
enactment of this Act, and every 3 years thereafter until the
date on which the potential wilderness area is designated as
wilderness under subsection \(d\), the Secretary shall submit
to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report that describes—
\(1\) the status of ecological restoration within the
potential wilderness area; and
\(2\) the progress toward the eventual designation of the
potential wilderness area as wilderness under subsection \(d\).
SEC. 5304. DESIGNATION OF WILD AND SCENIC RIVERS.
\(a\) Designation.—Section 3\(a\) of the Wild and Scenic
Rivers Act \(16 U.S.C. 1274\(a\)\) is amended by adding at the
end the following:
“\(233\) South fork trinity river, california.—The
following segments from the source tributaries in the Yolla
Bolly-Middle Eel Wilderness, to be administered by the
Secretary of Agriculture:
“\(A\) The 18.3-mile segment from its multiple source
springs in the Cedar Basin of the Yolla Bolly-Middle Eel
Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles
upstream of the Wild Mad Road, as a wild river.
“\(B\) The 0.65-mile segment from 0.25 miles upstream of
Wild Mad Road to the confluence with the unnamed tributary
approximately 0.4 miles downstream of the Wild Mad Road in
sec. 29, T. 28 N., R. 11 W., as a scenic river.
“\(C\) The 9.8-mile segment from 0.75 miles downstream of
Wild Mad Road to Silver Creek, as a wild river.
“\(D\) The 5.4-mile segment from Silver Creek confluence to
Farley Creek, as a scenic river.
“\(E\) The 3.6-mile segment from Farley Creek to Cave Creek,
as a recreational river.
“\(F\) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden Valley
Ranch in sec. 5, T. 15, R. 7 E., as a wild river.
“\(G\) The 2.5-mile segment from the unnamed creek
confluence upstream of Hidden Valley Ranch to the confluence
with the unnamed creek flowing west from Bear Wallow Mountain
in sec. 29, T. 1 N., R. 7 E., as a scenic river.
“\(H\) The 3.8-mile segment from the unnamed creek
confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as
a wild river.
“\(I\) The 1.8-mile segment from Plummer Creek to the
confluence with the unnamed tributary north of McClellan
Place in sec. 6, T. 1 N., R. 7 E., as a scenic river.
“\(J\) The 5.4-mile segment from the unnamed tributary
confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek,
as a wild river.
“\(K\) The 7-mile segment from Eltapom Creek to the Grouse
Creek, as a scenic river.
“\(L\) The 5-mile segment from Grouse Creek to Coon Creek,
as a wild river.
“\(234\) East fork south fork trinity river, california.—
The following segments, to be administered by the Secretary
of Agriculture:
“\(A\) The 8.4-mile segment from its source in the Pettijohn
Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T.
3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road,
as a wild river.
“\(B\) The 3.4-mile segment from 0.25 miles upstream of the
Wild Mad Road to the South Fork Trinity River, as a
recreational river.
“\(235\) Rattlesnake creek, california.—The 5.9-mile
segment from the confluence with the unnamed tributary in the
southeast corner of sec. 5, T. 1 S., R. 12 W., to the South
Fork Trinity River, to be administered by the Secretary of
Agriculture as a recreational river.
“\(236\) Butter creek, california.—The 7-mile segment from
0.25 miles downstream of the Road 3N08 crossing to the South
Fork Trinity River, to be administered by the Secretary of
Agriculture as a scenic river.
“\(237\) Hayfork creek, california.—The following segments,
to be administered by the Secretary of Agriculture:
“\(A\) The 3.2-mile segment from Little Creek to Bear Creek,
as a recreational river.
“\(B\) The 13.2-mile segment from Bear Creek to the northern
boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river.
“\(238\) Olsen creek, california.—The 2.8-mile segment from
the confluence of its source tributaries in sec. 5, T. 3 N.,
R. 7 E., to the northern boundary of sec. 24, T. 3 N., R. 6
E., to be administered by the Secretary of the Interior as a
scenic river.
“\(239\) Rusch creek, california.—The 3.2-mile segment from
0.25 miles downstream of the 32N11 Road crossing to Hayfork
Creek, to be administered by the Secretary of Agriculture as
a recreational river.
“\(240\) Eltapom creek, california.—The 3.4-mile segment
from Buckhorn Creek to the South Fork Trinity River, to be
administered by the Secretary of Agriculture as a wild river.
“\(241\) Grouse creek, california.—The following segments,
to be administered by the Secretary of Agriculture:
“\(A\) The 3.9-mile segment from Carson Creek to Cow Creek,
as a scenic river.
“\(B\) The 7.4-mile segment from Cow Creek to the South Fork
Trinity River, as a recreational river.
“\(242\) Madden creek, california.—The following segments,
to be administered by the Secretary of Agriculture:
“\(A\) The 6.8-mile segment from the confluence of Madden
Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E.,
to Fourmile Creek, as a wild river.
“\(B\) The 1.6-mile segment from Fourmile Creek to the South
Fork Trinity River, as a recreational river.
“\(243\) Canyon creek, california.—The following segments,
to be administered by the Secretary of Agriculture and the
Secretary of the Interior:
“\(A\) The 6.6-mile segment from the outlet of lower Canyon
Creek Lake to Bear Creek upstream of Ripstein, as a wild
river.
“\(B\) The 11.2-mile segment from Bear Creek upstream of
Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11
W., as a recreational river.
“\(244\) North fork trinity river, california.—The
following segments, to be administered by the Secretary of
Agriculture:
“\(A\) The 12-mile segment from the confluence of source
tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity
Alps Wilderness boundary upstream of Hobo Gulch, as a wild
river.
“\(B\) The 0.5-mile segment from where the river leaves the
Trinity Alps Wilderness to where it fully reenters the
Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic
river.
“\(C\) The 13.9-mile segment from where the river fully
reenters the Trinity Alps Wilderness downstream of Hobo Gulch
to the Trinity Alps Wilderness boundary upstream of the
County Road 421 crossing, as a wild river.
“\(D\) The 1.3-mile segment from the Trinity Alps Wilderness
boundary upstream of the County Road 421 crossing to the
Trinity River, as a recreational river.
“\(245\) East fork north fork trinity river, california.—
The following segments, to be administered by the Secretary
of Agriculture:
“\(A\) The 9.5-mile segment from the source north of Mt.
Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road
35N20 approximately 0.5 miles downstream of the confluence
with the East Branch East Fork North Fork Trinity River, as a
wild river.
“\(B\) The 3.25-mile segment from the end of Road 35N20 to
0.25 miles upstream of Coleridge, as a scenic river.
“\(C\) The 4.6-mile segment from 0.25 miles upstream of
Coleridge to the confluence of Fox Gulch, as a recreational
river.
“\(246\) New river, california.—The following segments, to
be administered by the Secretary of Agriculture:
“\(A\) The 12.7-mile segment of Virgin Creek from its source
spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a
wild river.
“\(B\) The 2.3-mile segment of the New River where it begins
at the confluence of Virgin and Slide Creeks to Barron Creek,
as a wild river.
“\(247\) Middle fork eel river, california.—The following
segments, to be administered by the Secretary of Agriculture:
“\(A\) The 37.7-mile segment from its source in Frying Pan
Meadow to Rose Creek, as a wild river.
“\(B\) The 1.5-mile segment from Rose Creek to the Black
Butte River, as a recreational river.
“\(C\) The 10.5-mile segment of Balm of Gilead Creek from
its source in Hopkins Hollow to the Middle Fork Eel River, as
a wild river.
“\(D\) The 13-mile segment of the North Fork Middle Fork Eel
River from the source on Dead Puppy Ridge in sec. 11, T. 26
N., R. 11 W., to the confluence of the Middle Fork Eel River,
as a wild river.
“\(248\) North fork eel river, california.—The 14.3-mile
segment from the confluence with Gilman Creek to the Six
Rivers National Forest boundary, to be administered by the
Secretary of Agriculture as a wild river.
“\(249\) Red mountain creek, california.—The following
segments, to be administered by the Secretary of Agriculture:
“\(A\) The 5.25-mile segment from its source west of Mike's
Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with
Littlefield Creek, as a wild river.
“\(B\) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river.
“\(C\) The 1.25-mile segment from the confluence with the
unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the
confluence with the North Fork Eel River, as a wild river.
“\(250\) Redwood creek, california.—The following segments,
to be administered by the Secretary of the Interior:
“\(A\) The 6.2-mile segment from the confluence with Lacks
Creek to the confluence with Coyote Creek, as a scenic river,
on publication by the Secretary of the Interior of a notice
in the Federal Register that sufficient land or interests in
land within the boundaries of the segments have been acquired
in fee title or as a scenic easement to establish a
manageable addition to the National Wild and Scenic Rivers
System.
“\(B\) The 19.1-mile segment from the confluence with Coyote
Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National
Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1
E., as a scenic river.
“\(C\) The 2.3-mile segment of Emerald Creek \(also known as
Harry Weir Creek\) from its source in sec. 29, T. 10 N., R. 2
E., to the confluence with Redwood Creek, as a scenic river.
“\(251\) Lacks creek, california.—The following segments,
to be administered by the Secretary of the Interior:
“\(A\) The 5.1-mile segment from the confluence with 2
unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings
Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river.
“\(B\) The 2.7-mile segment from Kings Crossing to the
confluence with Redwood Creek, as a scenic river, on
publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the segment have
been acquired in fee title or as scenic easements to
establish a manageable addition to the National Wild and
Scenic Rivers System.
“\(252\) Lost man creek, california.—The following
segments, to be administered by the Secretary of the
Interior:
“\(A\) The 6.4-mile segment of Lost Man Creek from its
source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream
of the Prairie Creek confluence, as a recreational river.
“\(B\) The 2.3-mile segment of Larry Damm Creek from its
source in sec. 8, T. 11 N., R. 2 E., to the confluence with
Lost Man Creek, as a recreational river.
“\(253\) Little lost man creek, california.—The 3.6-mile
segment of Little Lost Man Creek from its source in sec. 6,
T. 10 N., R. 2 E., to 0.25 miles upstream of the Lost Man
Creek road crossing, to be administered by the Secretary of
the Interior as a wild river.
“\(254\) South fork elk river, california.—The following
segments, to be administered by the Secretary of the Interior
\(including through a cooperative management agreement with
the State of California where appropriate\):
“\(A\) The 3.6-mile segment of the Little South Fork Elk
River from the source in sec. 21, T. 3 N., R. 1 E., to the
confluence with the South Fork Elk River, as a wild river.
“\(B\) The 2.2-mile segment of the unnamed tributary of the
Little South Fork Elk River from its source in sec. 15, T. 3
N., R. 1 E., to the confluence with the Little South Fork Elk
River, as a wild river.
“\(C\) The 3.6-mile segment of the South Fork Elk River from
the confluence of the Little South Fork Elk River to the
confluence with Tom Gulch, as a recreational river.
“\(255\) Salmon creek, california.—The 4.6-mile segment
from its source in sec. 27, T. 3 N., R. 1 E., to the
Headwaters Forest Reserve boundary in sec. 18, T. 3 N., R. 1
E., to be administered by the Secretary of the Interior as a
wild river.
“\(256\) South fork eel river, california.—The following
segments, to be administered by the Secretary of the
Interior:
“\(A\) The 6.2-mile segment from the confluence with Jack of
Hearts Creek to the southern boundary of the South Fork Eel
Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational
river to be administered by the Secretary through a
cooperative management agreement with the State of
California.
“\(B\) The 6.1-mile segment from the southern boundary of
the South Fork Eel Wilderness to the northern boundary of the
South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as
a wild river.
“\(257\) Elder creek, california.—The following segments,
to be administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
“\(A\) The 3.6-mile segment from its source north of Signal
Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with
the unnamed tributary near the center of sec. 28, T. 22 N.,
R. 16 W., as a wild river.
“\(B\) The 1.3-mile segment from the confluence with the
unnamed tributary near the center of sec. 28, T. 22 N., R. 15
W., to the confluence with the South Fork Eel River, as a
recreational river.
“\(C\) The 2.1-mile segment of Paralyze Canyon from its
source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to
the confluence with Elder Creek, as a wild river.
“\(258\) Cedar creek, california.—The following segments,
to be administered as a wild river by the Secretary of the
Interior:
“\(A\) The 7.7-mile segment from its source in sec. 22, T.
24 N., R. 16 W., to the southern boundary of the Red Mountain
unit of the South Fork Eel Wilderness.
“\(B\) The 1.9-mile segment of North Fork Cedar Creek from
its source in sec. 28, T. 24 N., R. 16 E., to the confluence
with Cedar Creek.
“\(259\) East branch south fork eel river, california.—The
following segments, to be administered by the Secretary of
the Interior as a scenic river on publication by the
Secretary of a notice in the Federal Register that sufficient
inholdings within the boundaries of the segments have been
acquired in fee title or as scenic easements to establish a
manageable addition to the National Wild and Scenic Rivers
System:
“\(A\) The 2.3-mile segment of Cruso Cabin Creek from the
confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R.
15 W., to the confluence with Elkhorn Creek.
“\(B\) The 1.8-mile segment of Elkhorn Creek from the
confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R.
16 W., to the confluence with Cruso Cabin Creek.
“\(C\) The 14.2-mile segment of the East Branch South Fork
Eel River from the confluence of Cruso Cabin and Elkhorn
Creeks to the confluence with Rays Creek.
“\(D\) The 1.7-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in sec. 2, T. 24 N., R. 17 W., to the confluence with the
East Branch South Fork Eel River.
“\(E\) The 1.3-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in sec. 1, T. 24 N., R. 17 W., to the confluence with the
East Branch South Fork Eel River.
“\(F\) The 1.8-mile segment of Tom Long Creek from the
confluence with the unnamed tributary in sec. 12, T. 5 S., R.
4 E., to the confluence with the East Branch South Fork Eel
River.
“\(260\) Mattole river estuary, california.—The 1.5-mile
segment from the confluence of Stansberry Creek to the
Pacific Ocean, to be administered as a recreational river by
the Secretary of the Interior.
“\(261\) Honeydew creek, california.—The following
segments, to be administered as a wild river by the Secretary
of the Interior:
“\(A\) The 5.1-mile segment of Honeydew Creek from its
source in the southwest corner of sec. 25, T. 3 S., R. 1 W.,
to the eastern boundary of the King Range National
Conservation Area in sec. 18, T. 3 S., R. 1 E.
“\(B\) The 2.8-mile segment of West Fork Honeydew Creek from
its source west of North Slide Peak to the confluence with
Honeydew Creek.
“\(C\) The 2.7-mile segment of Upper East Fork Honeydew
Creek from its source in sec. 23, T. 3 S., R. 1 W., to the
confluence with Honeydew Creek.
“\(262\) Bear creek, california.—The following segments, to
be administered by the Secretary of the Interior:
“\(A\) The 1.9-mile segment of North Fork Bear Creek from
the confluence with the unnamed tributary immediately
downstream of the Horse Mountain Road crossing to the
confluence with the South Fork, as a scenic river.
“\(B\) The 6.1-mile segment of South Fork Bear Creek from
the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed
tributary flowing from the southwest flank of Queen Peak to
the confluence with the North Fork, as a scenic river.
“\(C\) The 3-mile segment of Bear Creek from the confluence
of the North and South Forks to the southern boundary of sec.
11, T. 4 S., R. 1 E., as a wild river.
“\(263\) Gitchell creek, california.—The 3-mile segment of
Gitchell Creek from its source near Saddle Mountain to the
Pacific Ocean, to be administered by the Secretary of the
Interior as a wild river.
“\(264\) Big flat creek, california.—The following
segments, to be administered by the Secretary of the Interior
as a wild river:
“\(A\) The 4-mile segment of Big Flat Creek from its source
near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific
Ocean.
“\(B\) The 0.8-mile segment of the unnamed tributary from
its source in sec. 35, T. 3 S., R. 1 W., to the confluence
with Big Flat Creek.
“\(C\) The 2.7-mile segment of North Fork Big Flat Creek
from the source in sec. 34, T. 3 S., R. 1 W., to the
confluence with Big Flat Creek.
“\(265\) Big creek, california.—The following segments, to
be administered by the Secretary of the Interior as a wild
river:
“\(A\) The 2.7-mile segment of Big Creek from its source in
sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean.
“\(B\) The 1.9-mile unnamed southern tributary from its
source in sec. 25, T. 3 S., R. 1 W., to the confluence with
Big Creek.
“\(266\) Elk creek, california.—The 11.4-mile segment from
its confluence with Lookout Creek to its confluence with Deep
Hole Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior as a wild river.
“\(267\) Eden creek, california.—The 2.7-mile segment from
the private property boundary in the northwest quarter of
sec. 27, T. 21 N., R. 12 W., to the eastern boundary of sec.
23, T. 21 N., R. 12 W., to be administered by the Secretary
of the Interior as a wild river.
“\(268\) Deep hole creek.—The 4.3-mile segment from the
private property boundary in the southwest quarter of sec.
13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to
be administered by the Secretary of the Interior as a wild
river.
“\(269\) Indian creek, california.—The 3.3-mile segment
from 300 feet downstream of the jeep trail in sec. 13, T. 20
N., R. 13 W., to the confluence with the Eel River, to be
administered by the Secretary of the Interior as a wild
river.
“\(270\) Fish creek, california.—The 4.2-mile segment from
the source at Buckhorn Spring to the confluence with the Eel
River, to be administered by the Secretary of the Interior as
a wild river.
“\(271\) Indian creek, california.—The following segments
of Indian Creek in the State of California, to be
administered by the Secretary of Agriculture:
“\(A\) The 9.5-mile segment of Indian Creek from its source
in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness
boundary, as a wild river.
“\(B\) The 1-mile segment of Indian Creek from the Dick
Smith Wilderness boundary to 0.25 miles downstream of Road
6N24, as a scenic river.
“\(C\) The 3.9-mile segment of Indian Creek from 0.25 miles
downstream of Road 6N24 to the southern boundary of sec. 32,
T. 6 N., R. 26 W., as a wild river.
“\(272\) Mono creek, california.—The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
“\(A\) The 4.2-mile segment of Mono Creek from its source in
sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don
Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild
river.
“\(B\) The 2.1-mile segment of Mono Creek from 0.25 miles
upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R.
25 W., to 0.25 miles downstream of Don Victor Fire Road in
sec. 34, T. 7 N., R. 25 W., as a recreational river.
“\(C\) The 14.7-mile segment of Mono Creek from 0.25 miles
downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25
W., to the Ogilvy Ranch private property boundary in sec. 22,
T. 6 N., R. 26 W., as a wild river.
“\(D\) The 3.5-mile segment of Mono Creek from the Ogilvy
Ranch private property boundary to the southern boundary of
sec. 33, T. 6 N., R. 26 W., as a recreational river.
“\(273\) Matilija creek, california.—The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
“\(A\) The 7.2-mile segment of the Matilija Creek from its
source in sec. 25, T. 6 N., R. 25 W., to the private property
boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
“\(B\) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W.,
to the Matilija Wilderness boundary, as a wild river.
“\(274\) Little rock creek, california.—The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
“\(A\) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream
of the confluence with the South Fork Little Rock Creek, as a
wild river.
“\(B\) The 6.6-mile segment from 100 yards upstream of the
confluence with the South Fork Little Rock Creek to the
confluence with Santiago Canyon, as a recreational river.
“\(C\) The 1-mile segment of Cooper Canyon Creek from 0.25
miles downstream of Highway 2 to 100 yards downstream of
Cooper Canyon Campground, as a scenic river.
“\(D\) The 1.3-mile segment of Cooper Canyon Creek from 100
yards downstream of Cooper Canyon Campground to the
confluence with Little Rock Creek, as a wild river.
“\(E\) The 1-mile segment of Buckhorn Creek from 100 yards
downstream of the Buckhorn Campground to its confluence with
Cooper Canyon Creek, as a wild river.”.
\(b\) Sespe Creek, California.—Section 3\(a\) of the Wild and
Scenic Rivers Act \(16 U.S.C. 1274\(a\)\) is amended by striking
paragraph \(142\) and inserting the following:
“\(142\) Sespe creek, california.—The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
“\(A\) The 2.7-mile segment of Sespe Creek from the private
property boundary in sec. 10, T. 6 N., R. 24 W., to the
Hartman Ranch private property boundary in sec. 14, T. 6 N.,
R. 24 W., as a wild river.
“\(B\) The 15-mile segment of Sespe Creek from the Hartman
Ranch private property boundary in sec. 14, T. 6 N., R. 24
W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as
a recreational river.
“\(C\) The 6.1-mile segment of Sespe Creek from the western
boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with
Trout Creek, as a scenic river.
“\(D\) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of sec.
35, T. 5 N., R. 20 W., as a wild river.”.
\(c\) Sisquoc River, California.—Section 3\(a\) of the Wild
and Scenic Rivers Act \(16 U.S.C. 1274\(a\)\) is amended by
striking paragraph \(143\) and inserting the following:
“\(143\) Sisquoc river, california.—The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of
Agriculture:
“\(A\) The 33-mile segment of the main stem of the Sisquoc
River extending from its origin downstream to the Los Padres
Forest boundary, as a wild river.
“\(B\) The 4.2-mile segment of the South Fork Sisquoc River
from its source northeast of San Rafael Mountain in sec. 2,
T. 7 N., R. 28 W., to its confluence with the Sisquoc River,
as a wild river.
“\(C\) The 10.4-mile segment of Manzana Creek from its
source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W.,
to the San Rafael Wilderness boundary upstream of Nira
Campground, as a wild river.
“\(D\) The 0.6-mile segment of Manzana Creek from the San
Rafael Wilderness boundary upstream of the Nira Campground to
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a recreational river.
“\(E\) The 5.8-mile segment of Manzana Creek from the San
Rafael Wilderness boundary downstream of the confluence of
Davy Brown Creek to the private property boundary in sec. 1,
T. 8 N., R. 30 W., as a wild river.
“\(F\) The 3.8-mile segment of Manzana Creek from the
private property boundary in sec. 1, T. 8 N., R. 30 W., to
the confluence of the Sisquoc River, as a recreational river.
“\(G\) The 3.4-mile segment of Davy Brown Creek from its
source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to
300 feet upstream of its confluence with Munch Canyon, as a
wild river.
“\(H\) The 1.4-mile segment of Davy Brown Creek from 300
feet upstream of its confluence with Munch Canyon to its
confluence with Manzana Creek, as a recreational river.
“\(I\) The 2-mile segment of Munch Canyon from its source
north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300
feet upstream of its confluence with Sunset Valley Creek, as
a wild river.
“\(J\) The 0.5-mile segment of Munch Canyon from 300 feet
upstream of its confluence with Sunset Valley Creek to its
confluence
with Davy Brown Creek, as a recreational river.
“\(K\) The 2.6-mile segment of Fish Creek from 500 feet
downstream of Sunset Valley Road to its confluence with
Manzana Creek, as a wild river.
“\(L\) The 1.5-mile segment of East Fork Fish Creek from its
source in sec. 26, T. 8 N., R. 29 W., to its confluence with
Fish Creek, as a wild river.”.
\(d\) Piru Creek, California.—
\(1\) In general.—Section 3\(a\) of the Wild and Scenic Rivers
Act \(16 U.S.C. 1274\(a\)\) is amended by striking paragraph
\(199\) and inserting the following:
“\(199\) Piru creek, california.—The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
“\(A\) The 9.1-mile segment of Piru Creek from its source in
sec. 3, T. 6 N., R. 22 W., to the private property boundary
in sec. 4, T. 6 N., R. 21 W., as a wild river.
“\(B\) The 17.2-mile segment of Piru Creek from the private
property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles
downstream of the Gold Hill Road, as a scenic river.
“\(C\) The 4.1-mile segment of Piru Creek from 0.25 miles
downstream of Gold Hill Road to the confluence with Trail
Canyon, as a wild river.
“\(D\) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with Buck
Creek, as a scenic river.
“\(E\) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
“\(F\) The 13-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the boundary of the Sespe
Wilderness, as a wild river.
“\(G\) The 2.2-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the upper limit of Piru Reservoir,
as a recreational river.”.
\(2\) Effect.—The designation of additional miles of Piru
Creek under paragraph \(1\) shall not affect valid water rights
in existence on the date of enactment of this Act.
\(3\) Motorized use of trails.—Nothing in this subsection
\(including the amendments made by this subsection\) affects
the motorized use of trails designated by the Forest Service
for motorized use that are located adjacent to and crossing
upper Piru Creek, if the use is consistent with the
protection and enhancement of river values under the Wild and
Scenic Rivers Act \(16 U.S.C. 1271 et seq.\).
SEC. 5305. WILD AND SCENIC RIVERS STUDY.
\(a\) Designation for Study.—Section 5\(a\) of the Wild and
Scenic Rivers Act \(16 U.S.C. 1276\(a\)\) is amended by adding at
the end the following:
“\(147\) East fork san gabriel river, california.—The 12.7-
mile segment from the confluence of the Prairie Fork and
Vincent Gulch to 100 yards upstream of the confluence with
Williams Canyon.
“\(148\) North fork san gabriel river, california.—The 4.3-
mile segment from the confluence with Cloudburst Canyon to
0.25 miles upstream of the confluence with the West Fork San
Gabriel River.
“\(149\) West fork san gabriel river, california.—The 8.3-
mile segment from 0.25 miles downstream of its source near
Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence
with Bobcat Canyon.”.
\(b\) Study and Report.—Section 5\(b\) of the Wild and Scenic
Rivers Act \(16 U.S.C. 1276\(b\)\) is amended by adding at the
end the following:
“\(24\) East fork san gabriel river, california; north fork
san gabriel river, california; west fork san gabriel river,
california.—
“\(A\) In general.—Not later than 3 years after the date on
which funds are made available to carry out this paragraph,
the Secretary of Agriculture shall—
“\(i\) complete each of the studies described in paragraphs
\(147\) through \(149\) of subsection \(a\); and
“\(ii\) submit to Congress a report describing the results
of each of those studies.
“\(B\) Study requirement.—In carrying out each of the
studies described in paragraphs \(147\) through \(149\) of
subsection \(a\), the Secretary of Agriculture shall identify
opportunities to administer the applicable segments described
in those paragraphs in partnership with State, regional,
local, and community stakeholders.”.
SEC. 5306. SCENIC AREAS.
\(a\) In General.—Subject to valid existing rights, there
are established the following scenic areas:
\(1\) Condor ridge scenic area.—Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled “Condor Ridge
Scenic Area—Proposed” and dated March 29, 2019, which shall
be known as the “Condor Ridge Scenic Area”.
\(2\) Black mountain scenic area.—Certain land in the Los
Padres National Forest and the Bakersfield Field Office of
the Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled “Black
Mountain Scenic Area—Proposed” and dated March 29, 2019,
which shall be known as the “Black Mountain Scenic Area”.
\(b\) Maps and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior shall file a map and legal
description of the scenic areas established by subsection \(a\)
\(referred to in this section as the “scenic areas”\) with—
\(A\) the Committee on Energy and Natural Resources of the
Senate; and
\(B\) the Committee on Natural Resources of the House of
Representatives.
\(2\) Force of law.—The maps and legal descriptions filed
under paragraph \(1\) shall have the same force and effect as
if included in this division, except that the Secretary of
Agriculture and the Secretary of the Interior may correct any
clerical and typographical errors in the maps and legal
descriptions.
\(3\) Public availability.—The maps and legal descriptions
filed under paragraph \(1\) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
\(c\) Purpose.—The purpose of the scenic areas is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the scenic areas.
\(d\) Management.—
\(1\) In general.—The Secretary of Agriculture and the
Secretary of the Interior shall administer land under their
respective jurisdiction within the scenic areas—
\(A\) in a manner that conserves, protects, and enhances the
resources of the scenic areas, and in particular the scenic
character attributes of the scenic areas; and
\(B\) in accordance with—
\(i\) this section;
\(ii\) the Federal Land Policy and Management Act \(43 U.S.C.
1701 et seq.\) for land under the jurisdiction of the
Secretary of the Interior;
\(iii\) any laws \(including regulations\) relating to the
National Forest System, for land under the jurisdiction of
the Secretary of Agriculture; and
\(iv\) any other applicable law \(including regulations\).
\(2\) Uses.—The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection \(c\).
\(e\) Withdrawal.—Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of—
\(1\) entry, appropriation, or disposal under the public land
laws;
\(2\) location, entry, and patent under the mining laws; and
\(3\) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
\(f\) Prohibited Uses.—The following shall be prohibited on
the Federal land within the scenic areas:
\(1\) Permanent roads.
\(2\) Permanent structures.
\(3\) Timber harvesting, except when necessary for the
purposes described in subsection \(g\).
\(4\) Transmission lines.
\(5\) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety—
\(A\) the use of motorized vehicles; or
\(B\) the establishment of temporary roads.
\(6\) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
\(g\) Wildfire, Insect, and Disease Management.—Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
\(h\) Adjacent Management.—The fact that an otherwise
authorized activity or use can be seen or heard within a
scenic area shall not preclude the activity or use outside
the boundary of the scenic area.
SEC. 5307. SPECIAL MANAGEMENT AREAS.
\(a\) Establishment of Special Management Areas.—
\(1\) Horse mountain special management area.—
\(A\) Establishment.—Subject to valid existing rights, there
is established the Horse Mountain Special Management Area,
comprising approximately 7,482 acres of Federal land in the
Six Rivers National Forest, as generally depicted on the map
entitled “Horse Mountain Special Management Area” and dated
May 15, 2020.
\(B\) Purpose.—The purpose of the Horse Mountain Special
Management Area is to enhance the recreational and scenic
values of the special management area while conserving the
plants, wildlife, and other natural resource values of the
area.
\(2\) Sanhedrin special management area.—
\(A\) Establishment.—Subject to valid existing rights, there
is established the Sanhedrin Special Management Area,
comprising approximately 12,254 acres of Federal land in the
Mendocino National Forest, as generally depicted on the map
entitled “Sanhedrin Special Management Area” and dated
November 14, 2023.
\(B\) Purposes.—The purposes of the Sanhedrin Special
Management Area are—
\(i\) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural,
historical, natural, educational, and scientific resources of
the area;
\(ii\) to protect and restore late-successional forest
structure, oak woodlands and grasslands, aquatic habitat, and
anadromous fisheries within the area;
\(iii\) to protect and restore the undeveloped character of
the area; and
\(iv\) to allow visitors to enjoy the scenic, natural,
cultural, and wildlife values of the area.
\(3\) Fox mountain special management area.—
\(A\) Establishment.—Subject to valid existing rights, there
is established the Fox Mountain Special Management Area,
comprising approximately 41,082 acres of Federal land in the
Los Padres National Forest, as generally depicted on the map
entitled “Fox Mountain Special Management Area” and dated
November 14, 2023.
\(B\) Purposes.—The purposes of the Fox Mountain Special
Management Area are to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations—
\(i\) the ecological, scenic, wildlife, recreational,
roadless, cultural, historical, natural, educational, and
scientific resources of the area; and
\(ii\) the cultural and historical resources and values of
the area.
\(b\) Management Plan.—
\(1\) In general.—Not later than 5 years after the date of
enactment of this Act and in accordance with paragraph \(2\),
the Secretary of Agriculture \(referred to in this section as
the “Secretary”\) shall develop a comprehensive plan for the
long-term management of the special management areas
established by subsection \(a\).
\(2\) Consultation.—In developing the management plan
required under paragraph \(1\), the Secretary shall consult
with—
\(A\) appropriate State, Tribal, and local governmental
entities; and
\(B\) members of the public.
\(3\) Additional requirement.—The management plan required
under paragraph \(1\) shall ensure that recreational use within
a special management area established by subsection \(a\)
\(referred to in this section as a “special management
area”\) does not cause significant adverse impacts on the
plants and wildlife of the special management area.
\(c\) Management.—
\(1\) In general.—The Secretary shall manage a special
management area—
\(A\) in furtherance of the purpose for the applicable
special management area described in subsection \(a\); and
\(B\) in accordance with—
\(i\) the laws \(including regulations\) generally applicable
to the National Forest System;
\(ii\) this section; and
\(iii\) any other applicable law \(including regulations\).
\(2\) Uses.—The Secretary shall only allow uses of a special
management area that the Secretary determines would further
the purposes of the applicable special management area
described in subsection \(a\).
\(3\) Recreation.—The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management areas, including hunting, fishing, camping,
hiking, hang gliding, sightseeing, nature study, horseback
riding, rafting, mountain bicycling, motorized recreation on
authorized routes, and other recreational activities, if the
recreational use is consistent with—
\(A\) the purpose of the applicable special management area;
\(B\) this section;
\(C\) other applicable law \(including regulations\); and
\(D\) any applicable management plans.
\(4\) Motorized vehicles.—
\(A\) In general.—Except as provided in paragraph \(C\), the
use of motorized vehicles in a special management area shall
be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of
enactment of this Act.
\(B\) New or temporary roads.—Except as provided in
paragraph \(C\), no new or temporary roads shall be constructed
within a special management area.
\(C\) Exceptions.—Nothing in paragraph \(A\) or \(B\) prevents
the Secretary from—
\(i\) rerouting or closing an existing road or trail to
protect natural resources from degradation, or to protect
public safety, as determined to be appropriate by the
Secretary;
\(ii\) designating routes of travel on land acquired by the
Secretary and incorporated into a special management area if
the designations are—
\(I\) consistent with the purposes of the applicable special
management area described in subsection \(a\); and
\(II\) completed, to the maximum extent practicable, not
later than 3 years after the date of acquisition;
\(iii\) constructing a temporary road on which motorized
vehicles are permitted as part of a vegetation management
project carried out in accordance with subparagraph \(D\);
\(iv\) authorizing the use of motorized vehicles for
administrative purposes; or
\(v\) responding to an emergency.
\(D\) Decommissioning of temporary roads.—
\(i\) Definition of decommission.—In this subparagraph, the
term “decommission” means, with respect to a road—
\(I\) to reestablish vegetation on the road; and
\(II\) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
\(ii\) Requirement.—Not later than 3 years after the date on
which the applicable vegetation management project is
completed, the Secretary shall decommission any temporary
road constructed under subparagraph \(C\)\(iii\).
\(d\) Timber Harvest.—
\(1\) In general.—Except as provided in paragraph \(2\), no
harvesting of timber shall be allowed within a special
management area.
\(2\) Exceptions.—The Secretary may authorize harvesting of
timber in a special management area established by subsection
\(a\)—
\(A\) if the Secretary determines that the harvesting is
necessary to further the purposes of the special management
area;
\(B\) in a manner consistent with the purposes for the
applicable special management area; and
\(C\) subject to—
\(i\) such reasonable regulations, policies, and practices as
the Secretary determines to be appropriate; and
\(ii\) all applicable laws \(including regulations\).
\(e\) Grazing.—The grazing of livestock in a special
management area, where established before the date of
enactment of this Act, shall be permitted to continue—
\(1\) subject to—
\(A\) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
\(B\) applicable law \(including regulations\); and
\(2\) in a manner consistent with the purposes of the
applicable special management area described in subsection
\(a\).
\(f\) Wildfire, Insect, and Disease.—Consistent with this
section, the Secretary may carry out any activities within a
special management area that the Secretary determines to be
necessary to control fire, insects, or diseases, including
the coordination of those activities with a State or local
agency.
\(g\) Acquisition and Incorporation of Land and Interests in
Land.—
\(1\) Acquisition authority.—In accordance with applicable
laws \(including regulations\), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of a special management area by purchase from a willing
seller, donation, or exchange.
\(2\) Incorporation.—Any land or interest in land acquired
by the Secretary under paragraph \(1\) shall be—
\(A\) incorporated into, and administered as part of, the
applicable special management area; and
\(B\) withdrawn in accordance with subsection \(i\).
\(h\) Tribal Agreements and Partnerships.—To the maximum
extent practicable and in accordance with applicable laws, on
request of an affected federally recognized Indian Tribe, the
Secretary of the Interior \(acting through the Director of the
Bureau of Land Management\) and the Secretary of Agriculture
\(acting through the Chief of the Forest Service\) shall enter
into agreements, contracts, and other cooperative and
collaborative partnerships with the federally recognized
Indian Tribe regarding management of a special management
area under relevant Federal authority, including—
\(1\) the Indian Self-Determination and Education Assistance
Act \(25 U.S.C. 5301 et seq.\);
\(2\) the Federal Land Policy and Management Act of 1976 \(43
U.S.C. 1701 et seq.\);
\(3\) the Tribal Self-Governance Act of 1994 \(25 U.S.C. 5361
et seq.\);
\(4\) the Tribal Forest Protection Act of 2004 \(25 U.S.C.
3115a et seq.\);
\(5\) the good neighbor authority under section 8206 of the
Agricultural Act of 2014 \(16 U.S.C. 2113a\);
\(6\) Executive Order 13175 \(25 U.S.C. 5301 note; relating to
consultation and coordination with Indian Tribal
governments\);
\(7\) Secretarial Order 3342, issued by the Secretary of the
Interior on October 21, 2016 \(relating to identifying
opportunities for cooperative and collaborative partnerships
with federally recognized Indian Tribes in the management of
Federal lands and resources\); and
\(8\) Joint Secretarial Order 3403, issued by the Secretary
of the Interior and the Secretary of Agriculture on November
15, 2021 \(relating to fulfilling the trust responsibility to
Indian Tribes in the stewardship of Federal lands and
waters\).
\(i\) Withdrawal.—Subject to valid existing rights, all
Federal land located in a special management area is
withdrawn from—
\(1\) all forms of entry, appropriation, and disposal under
the public land laws;
\(2\) location, entry, and patenting under the mining laws;
and
\(3\) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE IV—MISCELLANEOUS
SEC. 5401. MAPS AND LEGAL DESCRIPTIONS.
\(a\) In General.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of—
\(1\) the South Fork Trinity-Mad River Restoration Area
established by section 5101\(b\);
\(2\) the wilderness areas and wilderness additions
designated, renamed, or modified by section 5301 \(or an
amendment made by that section\);
\(3\) the potential wilderness areas designated by section
5303\(a\); and
\(4\) the Horse Mountain Special Management Area, Sanhedrin
Special Management Area, and Fox Mountain Special Management
Area established by section 5306\(a\).
\(b\) Force of Law.—The maps and legal descriptions prepared
under subsection \(a\) shall have the same force and effect as
if included in this division, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
\(c\) Public Availability.—The maps and legal descriptions
prepared under subsection \(a\) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service, the Bureau of Land Management, or the
National Park Service, as applicable.
SEC. 5402. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable after the date of enactment of this
Act, in accordance with applicable law \(including
regulations\), the Secretary shall incorporate the
designations and studies required by this division into
updated management plans for units covered by this division.
SEC. 5403. PACIFIC GAS AND ELECTRIC COMPANY UTILITY
FACILITIES AND RIGHTS-OF-WAY.
\(a\) Effect of Title.—Nothing in this division—
\(1\) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity \(including the use of any mechanized
vehicle, helicopter, and other aerial device\) in a right-of-
way acquired by or issued, granted, or permitted to Pacific
Gas and Electric Company \(including any predecessor or
successor in interest or assign\) that is located on land
included in—
\(A\) the South Fork Trinity-Mad River Restoration Area
established by section 5101\(b\);
\(B\) the Bigfoot National Recreation Trail established under
section 5201\(b\)\(1\); or
\(C\) the Horse Mountain Special Management Area or Sanhedrin
Special Management Area established by section 5306\(a\); or
\(2\) prohibits the upgrading or replacement of any—
\(A\) utility facilities of the Pacific Gas and Electric
Company, including those utility facilities in existence on
the date of enactment of this Act within—
\(i\) the South Fork Trinity-Mad River Restoration Area known
as—
\(I\) “Gas Transmission Line 177A or rights-of-way”;
\(II\) “Gas Transmission Line DFM 1312-02 or rights-of-
way”;
\(III\) “Electric Transmission Line Bridgeville-Cottonwood
115 kV or rights-of-way”;
\(IV\) “Electric Transmission Line Humboldt-Trinity 60 kV or
rights-of-way”;
\(V\) “Electric Transmission Line Humboldt-Trinity 115 kV or
rights-of-way”;
\(VI\) “Electric Transmission Line Maple Creek-Hoopa 60 kV
or rights-of-way”;
\(VII\) “Electric Distribution Line-Willow Creek 1101 12 kV
or rights-of-way”;
\(VIII\) “Electric Distribution Line-Willow Creek 1103 12 kV
or rights-of-way”;
\(IX\) “Electric Distribution Line-Low Gap 1101 12 kV or
rights-of-way”;
\(X\) “Electric Distribution Line-Fort Seward 1121 12 kV or
rights-of-way”;
\(XI\) “Forest Glen Border District Regulator Station or
rights-of-way”;
\(XII\) “Durret District Gas Regulator Station or rights-of-
way”;
\(XIII\) “Gas Distribution Line 4269C or rights-of-way”;
\(XIV\) “Gas Distribution Line 43991 or rights-of-way”;
\(XV\) “Gas Distribution Line 4993D or rights-of-way”;
\(XVI\) “Sportsmans Club District Gas Regulator Station or
rights-of-way”;
\(XVII\) “Highway 36 and Zenia District Gas Regulator
Station or rights-of-way”;
\(XVIII\) “Dinsmore Lodge 2nd Stage Gas Regulator Station or
rights-of-way”;
\(XIX\) “Electric Distribution Line-Wildwood 1101 12 kV or
rights-of-way”;
\(XX\) “Low Gap Substation”;
\(XXI\) “Hyampom Switching Station”; or
\(XXII\) “Wildwood Substation”;
\(ii\) the Bigfoot National Recreation Trail known as—
\(I\) “Gas Transmission Line 177A or rights-of-way”;
\(II\) “Electric Transmission Line Humboldt-Trinity 115 kV
or rights-of-way”;
\(III\) “Electric Transmission Line Bridgeville-Cottonwood
115 kV or rights-of-way”; or
\(IV\) “Electric Transmission Line Humboldt-Trinity 60 kV or
rights-of-way”;
\(iii\) the Sanhedrin Special Management Area known as
“Electric Distribution Line-Willits 1103 12 kV or rights-of-
way”; or
\(iv\) the Horse Mountain Special Management Area known as
“Electric Distribution Line Willow Creek 1101 12 kV or
rights-of-way”; or
\(B\) utility facilities of the Pacific Gas and Electric
Company in rights-of-way issued, granted, or permitted by the
Secretary adjacent to a utility facility referred to in
subparagraph \(A\).
\(b\) Plans for Access.—Not later than the later of the date
that is 1 year after the date of enactment of this Act or the
date of issuance of a new utility facility right-of-way
within the South Fork Trinity-Mad River Restoration Area,
Bigfoot National Recreation Trail, Sanhedrin Special
Management Area, or Horse Mountain Special Management Area,
the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and
emergency access by the Pacific Gas and Electric Company to
the inholdings and rights-of-way of the Pacific Gas and
Electric Company.
SEC. 5404. REAUTHORIZATION OF EXISTING WATER FACILITIES IN
PLEASANT VIEW RIDGE WILDERNESS.
\(a\) Authorization for Continued Use.—The Secretary of
Agriculture may issue a special use authorization to the
owners of a water transport or diversion facility \(referred
to in this section as a “facility”\) located on National
Forest System land in the Pleasant View Ridge Wilderness
designated by section 1802\(8\) of the Omnibus Public Land
Management Act of 2009 \(16 U.S.C. 1132 note; Public Law 111-
11; 123 Stat. 1054\) for the continued operation, maintenance,
and reconstruction of the facility if the Secretary
determines that—
\(1\) the facility was in existence on the date on which the
land on which the facility is located was designated as part
of the National Wilderness Preservation System \(referred to
in this section as “the date of designation”\);
\(2\) the facility has been in substantially continuous use
to deliver water for the beneficial use on the non-Federal
land of the owner since the date of designation;
\(3\) the owner of the facility holds a valid water right for
use of the water on the non-Federal land of the owner under
State law, with a priority date that predates the date of
designation; and
\(4\) it is not practicable or feasible to relocate the
facility to land outside of the Pleasant View Ridge
Wilderness and continue the beneficial use of water on the
non-Federal land recognized under State law.
\(b\) Terms and Conditions.—A special use authorization
issued under this section shall be subject to such terms and
conditions as the Secretary determines appropriate to protect
wilderness resources and values.
SEC. 5405. USE BY MEMBERS OF INDIAN TRIBES.
\(a\) Access.—The Secretary shall ensure that Indian Tribes
have access, in accordance with the Wilderness Act \(16 U.S.C.
1131 et seq.\), to the South Fork Trinity-Mad River
Restoration Area, wilderness areas, scenic areas, special
management areas, and potential wilderness areas designated
by this division for traditional cultural and religious
purposes.
\(b\) Temporary Closures.—
\(1\) In general.—In carrying out this section, the
Secretary, on request of an Indian Tribe, may temporarily
close to the general public 1 or more specific portions of a
wilderness area, scenic area, or potential wilderness area
designated by this division to protect the privacy of the
members of the Indian Tribe in the conduct of traditional
cultural and religious activities.
\(2\) Requirement.—Any closure under paragraph \(1\) shall
be—
\(A\) made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out; and
\(B\) be consistent with—
\(i\) Public Law 95-341 \(commonly known as the “American
Indian Religious Freedom Act”\) \(42 U.S.C. 1996 et seq.\);
\(ii\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and
\(iii\) the Wild and Scenic Rivers Act \(16 U.S.C. 1276 et
seq.\).
SA 6043. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. REAUTHORIZATION OF WATER PROGRAM.
\(a\) Reauthorization of Large-scale Water Recycling and
Reuse Program.—Section 40905 of the Infrastructure
Investment and Jobs Act \(43 U.S.C. 3205\) is amended—
\(1\) in subsection \(b\), by inserting “feasibility studies
and” before “the planning”;
\(2\) in subsection \(d\)—
\(A\) in the matter preceding paragraph \(1\), by inserting
“for a feasibility study for the eligible project or”
before “to an eligible project”; and
\(B\) in paragraph \(4\), by striking “30” and inserting
“60”; and
\(3\) in subsection \(k\)—
\(A\) by striking “5 years” and inserting “10 years”; and
\(B\) by inserting “, except for any project under
construction as of that termination date” before the period
at the end.
\(b\) Reauthorization of Recycling Program and Environmental
Restoration Program, and Offset.—
\(1\) Reauthorization of water recycling and environmental
restoration programs, and offset.—Section 4013 of the Water
Infrastructure Improvements for the Nation Act \(43 U.S.C.
390b note; Public Law 114-322\) is amended—
\(A\) in paragraph \(1\), by striking “and” at the end;
\(B\) in paragraph \(2\), by striking “in” and inserting
“under”;
\(C\) by redesignating paragraph \(2\) as paragraph \(3\); and
\(D\) by inserting after paragraph \(1\) the following:
“\(2\) section 4009\(c\) \(including the amendments made by
that section\), section 4010\(b\)\(2\), and subsections \(a\), \(b\),
\(c\), \(d\), and \(f\) of section 4011, which shall expire 15
years after that date of enactment; and”.
\(2\) Ceiling on federal share for water recycling
projects.—Section 1631\(d\)\(1\) of the Reclamation Wastewater
and Groundwater Study and Facilities Act \(43 U.S.C. 390h-
13\(d\)\(1\)\) is amended by striking “$20,000,000 \(October 1996
prices\)” and inserting “$50,000,000 \(in December 2025
prices, as automatically adjusted each January based on the
percentage increase in the consumer price index for all urban
consumers \(United States city average\) over the previous
year, as published by the Bureau of Labor Statistics\)”.
\(3\) Actions for benefit of endangered species, important
habitat, and water bodies.—Section 4010\(b\) of the Water
Infrastructure Improvements for the Nation Act \(Public Law
114-322; 130 Stat. 1872\) is amended by striking paragraph \(2\)
and inserting the following:
“\(2\) Actions for benefit of endangered species, important
habitat, and water bodies.—The Secretary of the Interior
\(acting through the Commissioner\) may undertake or enter into
cooperative agreements to support activities during the
period of fiscal years 2028 through 2032—
“\(A\) for the restoration of habitat or improvement of
conditions at the Great Salt Lake and other saline inland
lakes affected by the operation of the Central Utah Project
or Bureau of Reclamation water projects or deliveries;
“\(B\) for—
“\(i\) gravel and rearing area additions, fish passage
improvements, barrier removal, and habitat restoration to the
Sacramento River, its tributaries, or other rivers or river
basins affected by the operation of Bureau of Reclamation
facilities to benefit species listed as threatened or
endangered under the Endangered Species Act of 1973 \(16
U.S.C. 1531 et seq.\), including Chinook salmon and steelhead
trout;
“\(ii\) scientifically improved and increased real-time
monitoring to inform real-time operations of Bureau of
Reclamation facilities, and alternative methods, models, and
equipment to improve temperature modeling, science, and
monitoring to support flow benefits for fish species, and
related forecasted information for purposes of predicting
impacts to salmon, salmon habitat, species listed as
threatened or endangered under the Endangered Species Act of
1973 \(16 U.S.C. 1531 et seq.\), or other species of concern as
a result of water management at Bureau of Reclamation
facilities;
“\(iii\) aquatic habitat restoration activities, including
floodplain reconnection and reactivation projects \(such as
off-channel and managed floodplain inundation projects that
enhance biological productivity and food web support for
fish\) that enhance the ability of the Bureau of Reclamation
to meet contractual obligations for water deliveries;
“\(iv\) fish hatchery modernization and construction
projects; and
“\(v\) structural or operational improvements, including
temperature control and associated facilities, necessary to
implement activities described in clauses \(i\) through \(iv\);
and
“\(C\) for planning, design, scientific studies, resource
and biological monitoring, environmental reviews, permitting,
construction, implementation, and adaptive management
associated with any of the activities described in
subparagraphs \(A\) and \(B\).”.
\(c\) Deauthorization of Inactive Projects Offset.—
\(1\) Purposes.—The purposes of this subsection are—
\(A\) to establish an efficient and transparent process for
deauthorizing Reclamation projects that have failed to
receive a minimum level of investment to ensure active
Reclamation projects can move forward while reducing the
backlog of authorized Reclamation projects; and
\(B\) to allow for exceptions for the deauthorization of
Reclamation projects under subparagraph \(A\) based on—
\(i\) action by Congress;
\(ii\) funding to completion by the non-Federal project
sponsor; or
\(iii\) a finding by the Secretary that certain Reclamation
projects should continue to be authorized to meet vitally
important needs of a State or the United States.
\(2\) Definitions.—In this subsection:
\(A\) Reclamation project.—The term “Reclamation project”
means a project that is—
\(i\) owned by the United States; and
\(ii\) constructed and operated under the direction of the
Bureau of Reclamation.
\(B\) Secretary.—The term “Secretary” means the Secretary
of the Interior \(acting through the Commissioner of
Reclamation\).
\(3\) Interim deauthorization list.—Not later than 1 year
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Energy and Natural Resources of
the Senate and the Committee on Natural Resources of the
House of Representatives and make available on a publicly
accessible internet website in a manner that is downloadable,
searchable, and sortable—
\(A\) an interim deauthorization list of Reclamation
projects—
\(i\) that are authorized; and
\(ii\) for which funding was not obligated during the fiscal
year in which this Act is enacted or any of the preceding 7
fiscal years; and
\(B\) for each Reclamation project listed under subparagraph
\(A\)—
\(i\) the date of authorization of the Reclamation project,
including any subsequent modifications to the original
authorization;
\(ii\) a brief description of the Reclamation project;
\(iii\) the estimated cost of completion of the Reclamation
project; and
\(iv\) any remaining amounts authorized, but not
appropriated, for the Reclamation project.
\(4\) Final deauthorization list.—
\(A\) In general.—Not later than 1 year after the date on
which the interim deauthorization list is submitted under
paragraph \(3\), the Secretary shall submit to the Committee on
Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives and make
available on a publicly accessible internet website in a
manner that is downloadable, searchable, and sortable, a
final deauthorization list of all Reclamation projects
identified in the interim deauthorization list, other than
any Reclamation project—
\(i\) for which funding has been provided by an Act of
Congress after the date of submission of the interim
deauthorization list; or
\(ii\) that the Secretary excludes under subparagraph \(B\).
\(B\) Exclusions.—The Secretary may exclude from the final
deauthorization list under subparagraph \(A\) a Reclamation
project that the Secretary determines is vitally important
for the interests of the United States or a particular State,
based on consideration of the effects of the Reclamation
project on—
\(i\) public health and safety;
\(ii\) the economy; or
\(iii\) the environment.
\(5\) Deauthorization; congressional review.—Effective
beginning on the date that is 1 year after the date of
submission of the final deauthorization list under paragraph
\(4\), a Reclamation project included on the final
deauthorization list under that paragraph is deauthorized,
unless, prior to that date—
\(A\) a joint resolution disapproving the final
deauthorization report is enacted into law;
\(B\) funding for the Reclamation project has been provided
by an Act of Congress; or
\(C\) the non-Federal sponsor of the Reclamation project
provides sufficient funds to complete the Reclamation
project.
SA 6044. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EXPANSION OF JOSHUA TREE NATIONAL PARK.
\(a\) Boundary Adjustment.—Section 402 of the California
Desert Protection Act of 1994 \(16 U.S.C. 410aaa-22\) is
amended, in the first sentence, by inserting after “October
1991 or prior,” the following: “and including the
approximately 20,149 acres of land generally depicted on the
map entitled \`Joshua Tree National Park Proposed Boundary
Addition', numbered 156/193,676, and dated June 2024”.
\(b\) Transfer of Administrative Jurisdiction.—
Administrative jurisdiction over the land described in the
amendment made by subsection \(a\) is transferred from the
Bureau of Land Management to the National Park Service.
\(c\) Land Acquisition.—
\(1\) In general.—Subject to paragraph \(2\), the Secretary of
the Interior may acquire land and interests in land within
the boundary of the Joshua Tree National Park by—
\(A\) donation;
\(B\) purchase from a willing seller;
\(C\) exchange; or
\(D\) transfer.
\(2\) Limitation.—Any land or interest land within the
boundary of the Joshua Tree National Park that is owned by
the State of California or a political subdivision of the
State of California may only be acquired by the Secretary of
the Interior by donation or exchange.
\(d\) Technical Correction.—Section 1433\(a\) of the John D.
Dingell, Jr. Conservation, Management, and Recreation Act
\(Public Law 116-9; 133 Stat. 700\) is amended by striking
“156/149,375” each place it appears and inserting “156/
149,375A”.
\(e\) Redesignation of the Cottonwood Visitor Center at
Joshua Tree National Park as the “Dianne Feinstein Visitor
Center”.—
\(1\) Redesignation.—The Cottonwood Visitor Center at Joshua
Tree National Park, or any successor to that visitor center,
shall be known and designated as the “Dianne Feinstein
Visitor Center”.
\(2\) References.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
visitor center referred to in paragraph \(1\) shall be deemed
to be a reference to the “Dianne Feinstein Visitor Center”.
SA 6045. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. MONTEREY BAY NATIONAL HERITAGE AREA STUDY.
\(a\) In General.—The Secretary of the Interior, in
consultation with the State of California, local
organizations and governmental agencies, Tribal Governments,
nonprofit organizations, and other appropriate entities,
including the Monterey Bay Economic Partnership, shall
conduct a study to assess the suitability and feasibility of
designating the areas described in subsection \(b\) as a
National Heritage Area, to be known as the “Monterey Bay
National Heritage Area”.
\(b\) Description of Study Area.—The areas to be studied
under subsection \(a\) include—
\(1\) Monterey, San Mateo, Santa Cruz, and San Luis Obispo
counties in the State of California; and
\(2\) any other area in the State of California that—
\(A\) has heritage aspects that are similar to the heritage
aspects of an area described in paragraph \(1\); and
\(B\) is adjacent to, or in the vicinity of, an area
described in paragraph \(1\).
\(c\) Applicable Law.—The study required under subsection
\(a\) shall be conducted in accordance with section 120103\(a\)
of title 54, United States Code.
SA 6046. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. INTEREST-BEARING ACCOUNT FOR THE NON-FEDERAL
CONTRIBUTIONS TO THE LOWER COLORADO RIVER
MULTI-SPECIES CONSERVATION PROGRAM.
Section 9402 of the Omnibus Public Land Management Act of
2009 \(Public Law 111-11; 123 Stat. 1328\) is amended by adding
at the end the following:
“\(c\) Interest-Bearing Account for Non-Federal
Contributions.—
“\(1\) Definitions.—In this subsection:
“\(A\) Agreement.—The term \`Agreement' means the agreement
entitled the \`Lower Colorado River Multi-Species Conservation
Program Funding and Management Agreement' and dated April 4,
2005.
“\(B\) Fund.—The term \`Fund' means the Non-Federal Funding
Account for the Lower Colorado River Multi-Species
Conservation Program established by paragraph \(2\).
“\(C\) Non-federal contribution.—The term \`non-Federal
contribution' means an amount contributed by a State Party
for the non-Federal cost share described in section 8 of the
Agreement.
“\(D\) State party.—The term \`State Party' has the meaning
given the term in section 3 of the Agreement.
“\(2\) Establishment.—There is established in the Treasury
of the United States a fund, to be known as the \`Non-Federal
Funding Account for the Lower Colorado River Multi-Species
Conservation Program', consisting of—
“\(A\) any amounts deposited in the Fund under paragraph
\(3\); and
“\(B\) any interest earned on investment of amounts in the
Fund under paragraph \(4\).
“\(3\) Deposits to fund.—
“\(A\) In general.—Pursuant to section 8.4 of the
Agreement, the Secretary of the Treasury shall deposit in the
Fund—
“\(i\) any unexpended non-Federal contributions provided
before the date of enactment of this subsection; and
“\(ii\) any non-Federal contributions provided on or after
the date of enactment of this subsection.
“\(B\) Availability of amounts.—
“\(i\) Expenditure.—Amounts deposited in the Fund under
subparagraph \(A\) shall be made available to the Secretary,
without further appropriation, for expenditure—
“\(I\) as provided in the Program Documents; and
“\(II\) in accordance with this section.
“\(ii\) Interest.—Amounts derived from interest earned on
amounts in the Fund under subparagraph \(A\) shall be made
available, subject to appropriation of amounts derived from
such interest, to the Secretary for expenditure—
“\(I\) as provided in the Program Documents; and
“\(II\) in accordance with this section.
“\(4\) Investment of amounts.—
“\(A\) In general.—The Secretary of the Treasury may invest
any portion of the Fund that is not, as determined by the
Secretary, required to meet the current needs of the Fund.
“\(B\) Requirement.—Investments under subparagraph \(A\) may
be made only in interest-bearing obligations of the United
States.
“\(5\) Transfers of amounts.—
“\(A\) Transfer of previously contributed funds.—The
amounts required to be deposited in the Fund under paragraph
\(3\)\(A\)\(i\) shall be transferred from the general fund of the
Treasury to the Fund not later than 90 days after the date of
enactment of this subsection.
“\(B\) Transfer of future contributed funds.—As soon as
practicable after the date on which amounts described in
paragraph \(3\)\(A\)\(ii\) are contributed, those amounts shall be
transferred to the Fund.
“\(C\) Responsibility of state parties.—In accordance with
the Agreement, on deposit of amounts in the Fund under
paragraph \(3\), the State Parties shall not be responsible for
any losses due to investment of those amounts the Fund.”.
SA 6047. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. PROJECT PLANNING IN SUPPORT OF INNOVATIVE
VOLUNTARY WATER SHARING AGREEMENTS AND
VOLUNTARY USE OF WATER-THRIFTY CROPS.
Title II of the Reclamation States Emergency Drought Relief
Act of 1991 \(43 U.S.C. 2221 et seq.\) is amended by inserting
after section 201 the following:
“SEC. 201A. PROJECT PLANNING IN SUPPORT OF INNOVATIVE
VOLUNTARY WATER SHARING AGREEMENTS AND
VOLUNTARY USE OF WATER-THRIFTY CROPS TO PREPARE
FOR AND RESPOND TO DROUGHT.
“\(a\) In General.—The Secretary, in order to prepare for
and respond to drought conditions, may, using funds made
available to carry out this title and under subsection \(g\),
provide to qualified applicants technical and financial
assistance to provide planning support for the implementation
of voluntary projects incorporating innovative approaches
that—
“\(1\)\(A\) keep agricultural land in production; and
“\(B\) support income and employment levels in rural
communities;
“\(2\) provide affordable water supplies, redundant water
supplies, shared storage, or other benefits; and
“\(3\) rely over the long term on sources other than Federal
funding for implementation.
“\(b\) Description of Innovative Approach.—An innovative
approach referred to in subsection \(a\)—
“\(1\) shall—
“\(A\) be new; or
“\(B\) lack a well-established track record in the
applicable area;
“\(2\) shall include an approach that—
“\(A\) insulates agricultural water users from the risk of
crop failures or water shortages through voluntary financial,
water storage, or water sharing agreements between at least 1
party described in subsection \(c\)\(1\)\(A\)\(i\) and 1 party
described in subsection \(c\)\(1\)\(A\)\(ii\);
“\(B\) brings water-saving commodities or practices into
production; or
“\(C\) involves voluntary methods for reducing agricultural
consumptive water use, including—
“\(i\) hydroponics;
“\(ii\) agrovoltaics;
“\(iii\) agroforestry;
“\(iv\) innovative irrigation technologies, including
gravity-powered drip irrigation and automated high-efficiency
surface irrigation;
“\(v\) root-zone-based irrigation management systems;
“\(vi\) implementation of regenerative agricultural
practices that decrease net water consumption; or
“\(vii\) concentration of crop production on a reduced
irrigated acreage that results in an equal or greater
financial return; and
“\(3\) shall not include an approach that—
“\(A\) fallows agricultural land for—
“\(i\) the majority of the growing season in the applicable
area; or
“\(ii\) in the case of a drought-year agreement, is
reasonably anticipated to result in fallowing for the
majority of years under the drought-year agreement; or
“\(B\) involves crops in the applicable area \(other than
crops using an approach described in paragraph \(2\)\) that
are—
“\(i\) widely used or planted; or
“\(ii\) well understood in terms of yield, cost, and other
key production factors.
“\(c\) Qualified Applicants.—
“\(1\) In general.—Except as provided in paragraph \(3\), to
qualify for financial or technical assistance under this
section, an applicant shall—
“\(A\) propose a voluntary partnership among—
“\(i\) 1 or more agricultural entities or irrigation
districts, which shall include any relevant water right
holder, contractor, or permittee, the authorization of which
is required under subsection \(d\)\(2\); and
“\(ii\) 1 or more—
“\(I\) State, municipal, or other community water providers;
“\(II\) industrial or commercial entities, including data
centers;
“\(III\) States, State agencies, or subdivisions of a State;
or
“\(IV\) nonprofit conservation organizations; and
“\(B\) submit to the Secretary an application signed by at
least 1 party described in subparagraph \(A\)\(i\) and 1 party
described in subparagraph \(A\)\(ii\).
“\(2\) No limits on participation of tribal entities.—Each
of the parties described in clauses \(i\) and \(ii\) of paragraph
\(1\)\(A\) may be Tribal entities.
“\(3\) Projects without voluntary partnerships.—
“\(A\) In general.—Notwithstanding paragraph \(1\), the
Secretary may award, with the authorization of the water
right holder, contractor, or permittee, if required under
subsection \(d\)\(2\), to a State, State agency, or subdivision
of a State, Indian Tribe, or agricultural entity that is not
in a voluntary partnership with other entities described in
paragraph \(1\)\(A\) a portion of the financial assistance
authorized under this section for the planning or conduct of
a voluntary project that—
“\(i\) uses an innovative approach described in paragraphs
\(1\) and \(2\) of subsection \(b\); or
“\(ii\) with respect to a voluntary project conducted by a
State, State agency, or Indian Tribe, would advance other
long-term efforts to reverse declining—
“\(I\) groundwater supplies; or
“\(II\) freshwater inflows to inland lakes.
“\(B\) Priority consideration.—The Secretary shall give
priority consideration to an application for financial
assistance under this paragraph for which the following
thresholds have been met or are projected to be met:
“\(i\) In the case of an application from an agricultural
entity or subdivision of a State, a reduction of 40 percent
or more in the annual water supply of the agricultural entity
or subdivision of the State, due to factors outside the
control of the agricultural entity or subdivision of the
State.
“\(ii\) In the case of an application from a State, State
agency, or Indian Tribe, a reduction of 40 percent or more
in—
“\(I\) groundwater supplies; or
“\(II\) freshwater inflows to inland lakes.
“\(d\) Application Requirements.—The Secretary shall ensure
that applications for financial or technical assistance under
this section—
“\(1\) shall be limited to—
“\(A\) a brief description of why the proposed approach to
be provided assistance is consistent with this section and
the priorities described in subsection \(e\); and
“\(B\) any basic information on the applicant that the
Secretary determines to be necessary;
“\(2\) shall require, in the case in which a water user
applicant is located within an irrigation district,
authorization from the water right holder, contractor, or
permittee, if different from the applicant; and
“\(3\) shall not require any preparation of supporting
reports by the applicant or other entities.
“\(e\) Priority.—The Secretary shall prioritize
applications for financial or technical assistance under this
section based on—
“\(1\) for projects involving a voluntary partnership under
subsection \(c\)\(1\), whether the proposed project would
dedicate a portion of the water saved in the project area to
increase water supplies for—
“\(A\) other members of the water district within which the
project is located; or
“\(B\) in the case of a project not within a water district,
other members of the municipality, Indian Tribe, acequia, or
other community unit within which the project is located;
“\(2\) the extent to which the proposed approach is
innovative in terms of—
“\(A\) the practices implemented or the crops planted;
“\(B\) the financial or other aspects of the voluntary
partnership among the agricultural entities and municipal or
industrial entities or nonprofit conservation organizations;
or
“\(C\) a combination of the factors described in
subparagraphs \(A\) and \(B\);
“\(3\) the extent to which the proposed approach is
preliminarily estimated to reduce consumptive agricultural
water use compared to existing practices while keeping
agricultural land in production;
“\(4\) the extent to which the proposed approach is
preliminarily estimated to support income and employment
levels in the relevant agricultural community compared to
existing practices \(whether due to increased yields, lower
input costs, or other factors\);
“\(5\) the assessment of the Secretary of the likelihood
that the proposed approach is likely to be successfully
implemented as proposed;
“\(6\) whether the voluntary water sharing agreements among
the agricultural entities and municipal or industrial
entities or nonprofit conservation organizations are proposed
for a period of not less than 5 years;
“\(7\) the likelihood of the project to sustain the project
long-term without the need for additional Federal funding
after the project demonstration phase; and
“\(8\) such other factors as the Secretary determines to be
appropriate, consistent with subsection \(c\)\(3\).
“\(f\) Cost-sharing Requirement.—
“\(1\) In general.—The Federal share of activities provided
financial assistance under this section shall not exceed 75
percent of the cost of the activities.
“\(2\) Waiver.—The Secretary may waive the cost-sharing
requirement under paragraph \(1\) for Tribal entities.
“\(g\) Funding.—
“\(1\) In general.—Notwithstanding any other provision of
law, the Secretary may use not more than 10 percent of the
amounts made available under section 9504\(e\) of the Omnibus
Public Land Management Act of 2009 \(42 U.S.C. 10364\(e\)\) to
carry out this section, including any reasonable
administrative expenses.
“\(2\) Authorization of appropriations.—In addition to any
amounts otherwise made available to carry out this title and
amounts made available under paragraph \(1\), there is
authorized to be appropriated to the Secretary to carry out
this section, including any reasonable administrative
expenses, $5,000,000 for each of fiscal years 2028 through
2034.”.
SA 6048. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
CERTAIN FEDERAL LAND IN THE STATE OF
CALIFORNIA.
\(a\) Transfer of Administrative Jurisdiction.—
\(1\) National forest system land.—Administrative
jurisdiction over the approximately 160 acres of National
Forest System land more particularly described as T.1 S.,
R.19 E., sec. 24, SE\\1/4\\NE\\1/4\\, NW\\1/4\\SE\\1/4\\, NE\\1/
4\\SE\\1/4\\, and SE\\1/4\\SE\\1/4\\, Mount Diablo Meridian,
Tuolumne County, California, as generally depicted on the map
entitled “Ackerson Meadow Land Interchange” and dated
February 24, 2022, is transferred to the Secretary of the
Interior to be managed as part of Yosemite National Park, in
accordance with laws applicable to the National Park System.
\(2\) National park system land.—Administrative jurisdiction
over the approximately 170 acres of National Park System land
more particularly described as the SE\\1/4\\ of sec. 23 and the
land to the north and west of Road 1S25 within the NW\\1/
4\\SE\\1/4\\NW\\1/4\\ of sec. 24, T.1 S., R. 19 E., Mount Diablo
Meridian, Tuolumne County, California, as generally depicted
on the map entitled “Ackerson Meadow Land Interchange” and
dated February 24, 2022, is transferred to the Secretary of
Agriculture to be managed as part of Stanislaus National
Forest in accordance with laws applicable to the National
Forest System.
\(b\) Corrections.—
\(1\) Minor adjustments.—The Secretary of Agriculture and
the Secretary of the Interior may, by mutual agreement, make
minor corrections and adjustments to the Federal land
transferred under subsection \(a\) to facilitate land
management, including making a correction or adjustment to
any applicable survey.
\(2\) Publications.—Any correction or adjustment made under
paragraph \(1\) shall be effective on the date of publication
of a notice of the correction or adjustment in the Federal
Register.
\(c\) Hazardous Substances.—
\(1\) Notice.—The Secretary of Agriculture and the Secretary
of the Interior shall, with respect to the land described in
paragraphs \(1\) and \(2\) of subsection \(a\), respectively—
\(A\) identify any known sites containing hazardous
substances; and
\(B\) provide to the head of the Federal agency to which the
land is being transferred under subsection \(a\) notice of any
site containing hazardous substances, as identified under
subparagraph \(A\).
\(2\) Cleanup obligations.—To the same extent as on the day
before the date of enactment of this Act, with respect to any
Federal liability—
\(A\) the Secretary of Agriculture shall remain responsible
for any cleanup of hazardous substances on the Federal land
described in subsection \(a\)\(1\); and
\(B\) the Secretary of the Interior shall remain responsible
for any cleanup of hazardous substances on the Federal land
described in subsection \(a\)\(2\).
\(d\) Effect on Existing Rights and Authorizations.—Nothing
in this section affects—
\(1\) any valid existing rights; or
\(2\) the validity or terms and conditions of any existing
withdrawal, right-of-way, easement, lease, license, or permit
on the land to which administrative jurisdiction is
transferred under this section, except that beginning on the
date of enactment of this Act, the head of the agency to
which administrative jurisdiction over the land is
transferred shall be responsible for administering the
interests or authorizations in accordance with applicable
law.
SA 6049. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. LIMITATION ON USE OF FUNDS FOR OIL AND GAS
AGREEMENTS AFFECTING RANGES AND OPERATING AREAS
LOCATED OFF THE COAST OF FLORIDA OR CALIFORNIA.
\(a\) In General.—None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense for fiscal year 2027 may be used to
enter into an agreement or make a determination in connection
with oil and gas on the Outer Continental Shelf that would
constrain access by the Armed Forces to a range or operating
area located off the coast of Florida or California, unless
the Secretary of Defense certifies to the congressional
defense committees that the agreement or determination will
not have a significant adverse effect on training, testing,
or operations of the Armed Forces in such range or operating
area.
\(b\) Elements.—A certification under subsection \(a\) shall
include each of the following:
\(1\) An identification of the scope of test and training
events of the Armed Forces conducted in ranges and operating
areas located off the coasts of California and Florida.
\(2\) An identification of any comparable testing and
training areas, within and outside of the United States and
its territories, that can replicate the capabilities of the
ranges and operating areas located off the coasts of
California and Florida.
\(3\) During the 10-year period preceding the date of the
submission of the certification, the number of test events,
exercises, and military operations conducted by the Armed
Forces in ranges and operating areas located off the coasts
of California and Florida, disaggregated by calendar year.
\(4\) An assessment of the extent to which the Armed Forces
would be unable to meet training and test requirements
necessary to be prepared to support operational plans if
access to ranges and operating areas off the coasts of
California and Florida were reduced or constrained due to oil
and gas activities.
\(5\) An assessment of the degree to which the Military
Aviation and Installation Assurance Siting Clearinghouse
established under section 183a of title 10, United States
Code, and the Secretary of each military department were
consulted during the permitting processes relating to oil and
gas activities, including—
\(A\) a description of how oil and gas activities could
negatively affect the mission of the Armed Forces and any
proposed mitigations for identified negative effects; and
\(B\) an identification of any instance in which the
Secretary, the Secretary of a military department, or another
official of the Department of Defense recommended against oil
and gas activities within a range or operating area located
off the cost of California or Florida.
SA 6050. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. IMPROVEMENT OF FIREFIGHTER STAFFING SHORTAGES AT
MILITARY INSTALLATIONS.
\(a\) In General.—The Secretary of Defense may offer
compensation for firefighters of the Department of Defense at
military installations that is competitive with surrounding
local jurisdictions in order to improve recruitment and
retention of such firefighters.
\(b\) Removal of Limitation on Contracting for
Firefighters.—Section 2465 of title 10, United States Code,
is amended—
\(1\) in the section heading, by striking “firefighting
or”; and
\(2\) in subsection \(a\), by striking “firefighting or”.
SA 6051. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . NAVY UNIVERSITY RESEARCH INITIATIVES.
\(a\) In General.—Notwithstanding any other provision of
this Act, the Secretary of the Navy shall continue the Navy
University Research Initiatives \(PE 0601103N\) and shall carry
out the activities funded under such program element during
fiscal year 2027.
\(b\) Funding.—Of the amount authorized to be appropriated
for fiscal year 2027 by section 201 for research,
development, test, and evaluation, not less than $116,900,000
shall be available for Navy University Research Initiatives
\(PE 0601103N\).
SA 6052. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28\_\_. MODERNIZATION OF MILITARY HOUSING PLANNING
AUTHORITIES.
The Secretary of Defense may incorporate future housing
demand projections into housing capacity assessments for the
Department of Defense, rather than relying solely on existing
housing data.
SA 6053. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . DEMONSTRATION PROGRAM ON IMPACT OF DIFFERING
WILDFIRE CONDITIONS, RESILIENCE MEASURES, AND
TECHNOLOGIES ON WILDFIRE SPREAD AND RESPONSE IN
BUILT ENVIRONMENT.
\(a\) Demonstration Authorized.—The Secretary of Defense
shall, in coordination with the Director of the National
Science Foundation, conduct a program on demonstrating the
impact of differing wildfire conditions, resilience measures,
and technologies on wildfire spread and response in the built
environment.
\(b\) Mock Town.—In carrying out the program under
subsection \(a\), the Secretary may construct a mock town on a
test range and ignite fires on the test range to carry out
demonstrations described in subsection \(a\).
\(c\) Coordination and Experimentation.—In coordinating with
the Director under subsection \(a\) and carrying out subsection
\(b\), the Secretary shall work with the Director to design,
construct, equip, and operate a full-scale, representative
built-environment test range and conduct controlled wildfire
exposure and propagation experiments on that range.
\(d\) Sharing of Data and Findings.—
\(1\) In general.—Except as provided by paragraph \(2\), under
the program authorized by subsection \(a\), the Secretary shall
make available to the public all data produced by the program
and findings of the Secretary with respect to the program.
\(2\) Exceptions.—The Secretary may make exceptions under
paragraph \(1\) as the Secretary considers appropriate for
national security.
SA 6054. Mr. PADILLA \(for himself and Mr. Tillis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, insert the
following:
SEC. 553. PILOT PROGRAM FOR ROUTINE MENTAL WELLNESS
SCREENINGS IN SCHOOLS OPERATED BY THE
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
\(a\) Requirement.—Beginning not later than one year after
the date of the enactment of this Act, the Secretary shall
establish and implement a pilot program to provide
developmentally appropriate, nondiagnostic mental wellness
screenings for all students in grades 6 through 12 enrolled
in covered DoDEA schools. Such screenings shall include the
identification of internalizing concerns, such as anxiety and
depression, suicidal thoughts, and suicidal behaviors, for
the limited purposes of early identification of distress,
referral to existing supports, and prevention, consistent
with existing school-based health and wellness practices.
\(b\) Timing of Screenings.—Screenings conducted under the
pilot program required by subsection \(a\) shall be offered—
\(1\) annually, aligned with existing student health
screening schedules; and
\(2\) at key educational transition points or other periods
of heightened stress, including
transitions into a new school or grade span resulting from a
permanent change in station, as determined appropriate by the
Secretary.
\(c\) Screening Characteristics.—Screenings conducted under
the pilot program required by subsection \(a\) shall—
\(1\) use validated, reliable, and age-appropriate screening
tools, with preference given to tools that are free or
available at minimal cost;
\(2\) include general questions related to emotional
wellbeing, stress, mood, and functional concerns, including
questions designed to detect internalizing symptoms and risk
for suicidal thoughts or suicidal behaviors; and
\(3\) be designed to identify potential need for additional
support rather than to diagnose mental health conditions.
\(d\) Selection of Schools.—The Secretary shall select three
covered DoDEA schools to participate in the pilot program
required by subsection \(a\), one from each of geographic
region of the Department of Defense Education Activity.
\(e\) Administration and Oversight.—
\(1\) In general.—Screenings conducted under the pilot
program required by subsection \(a\)—
\(A\) may be completed by students independently using
school-issued devices during noninstructional or
noncurricular time, such as a homeroom period, advisory
period, study hall, or other designated setting, in a quiet,
structured school environment and consistent with school
policies; and
\(B\) shall be administered through school-approved platforms
or systems that allow secure collection, storage, and access
to screening information in accordance with applicable
privacy laws.
\(2\) Oversight.—Nurses, counselors, psychologists, or other
appropriately trained personnel at covered DoDEA schools, in
coordination with existing medical, educational, and student
support systems of the Department of Defense, shall be
responsible for oversight of—
\(A\) administration of screenings conducted under the pilot
program required by subsection \(a\);
\(B\) review and interpretation of results of such
screenings; and
\(C\) follow-up actions, as appropriate.
\(3\) Use of funds.—Funds made available to carry out this
section may be used to support training, professional
development, and technical assistance to ensure screenings
conducted under the pilot program required by subsection \(a\)
are administered appropriately, ethically, and in accordance
with evidence-informed, school-based practices, using
existing personnel and systems to the maximum extent
practicable.
\(f\) Parental Rights and Communication.—In carrying out the
pilot program required by subsection \(a\), the Secretary
shall—
\(1\) require advance written notification to parents or
legal guardians describing the preventive, nondiagnostic
purpose, general content, and intended use of the screenings
conducted under the pilot program;
\(2\) ensure the screenings are administered on an opt-out
basis, requiring parents or guardians to acknowledge receipt
of the notification under paragraph \(1\) and to allow or
prevent the participation of their children without penalty,
stigma, or adverse consequence; and
\(3\) ensure parents or legal guardians are notified when
screening results indicate a need for follow-up support, or
upon request, with guidance on available resources available
in the community or through the Department of Defense
Education Activity.
\(g\) Use and Limitations.—Screenings conducted under the
pilot program required by subsection \(a\)—
\(1\) shall be designed to be age-appropriate, nondiagnostic,
and sufficiently brief to be completed within a single
noninstructional school period; and
\(2\) may not—
\(A\) be used for disciplinary, evaluative, punitive, or
diagnostic purposes;
\(B\) require or constitute curriculum, instruction, lesson
plans, classroom teaching, or educational programming of any
kind; or
\(C\) be used to mandate treatment or referral beyond
existing legal requirements.
\(h\) Privacy Protections.—All data generated by screenings
conducted under the pilot program required by subsection
\(a\)—
\(1\) shall be treated as confidential student information
and protected in accordance with applicable Federal privacy
laws, including the protection of education records under
section 552a of title 5, United States Code \(commonly known
as the “Privacy Act”\), and applicable privacy regulations
of the Department of Defense; and
\(2\) may be accessed and reviewed only by appropriate
personnel of a DoDEA covered school with a legitimate
educational interest for purposes of student support, safety,
and follow-up.
\(i\) Evaluation and Reporting.—
\(1\) Biannual evaluations.—Not later than 180 days after
the date on which the pilot program required by subsection
\(a\) commences, and every 180 days thereafter under the
termination date under subsection \(k\), the Secretary shall
evaluate the pilot program to assess—
\(A\) the feasibility and ease of implementation of the pilot
program;
\(B\) participation and opt-out rates;
\(C\) the extent to which the pilot program uses existing
systems and efforts to reduce redundancy; and
\(D\) indicators of student wellbeing, aggregated in a manner
that ensures that the students are not identifiable.
\(2\) Report required.—Not later than one year before the
termination under subsection \(k\) of the pilot program
required by subsection \(a\), the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report—
\(A\) summarizing the findings from evaluations conducted
under paragraph \(1\);
\(B\) assessing the cost effectiveness of the pilot program;
\(C\) assessing the efficiency of implementing the pilot
program; and
\(D\) making recommendations regarding potential expansion of
the pilot program.
\(j\) Rules of Construction.—Nothing in this section shall
be construed to prevent personnel of a covered DoDEA school
from—
\(1\) taking appropriate action, including immediate action,
when necessary, consistent with existing school safety, duty-
of-care, or student support protocols; or
\(2\) notifying the parents or legal guardians of a student
when follow-up is indicated by the results of a screening
conducted under the pilot program required by subsection \(a\)
or upon the request of the parents or legal guardians.
\(k\) Termination.—The pilot program required by subsection
\(a\) shall terminate on the date that is 3 years after the
program is implemented.
\(l\) Definitions.—In this section:
\(1\) Covered dodea school.—The term “covered DoDEA
school” means an elementary or secondary school operated by
the Department of Defense Education Activity, within or
outside the United States.
\(2\) Secretary.—The term “Secretary” means the Secretary
of Defense, acting through the Director of the Department of
Defense Education Activity.
SA 6055. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, add the following:
SEC. 12\_\_. REPORTS ON FOREIGN BOYCOTTS OF ISRAEL.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the head
of the Office of Antiboycott Compliance of the Bureau of
Industry and Security of the Department of Commerce shall
submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Foreign Affairs of
the House of Representatives a report on foreign boycotts
described in section 1773\(a\) of the Anti-Boycott Act of 2018
\(50 U.S.C. 4842\(a\)\) targeted at the State of Israel that
includes a description of—
\(1\) those foreign boycotts; and
\(2\) the steps taken by the Department of Commerce to
enforce the provisions of the Anti-Boycott Act of 2018 \(50
U.S.C. 4841 et seq.\) with respect to those foreign boycotts.
\(b\) Termination.—The requirement to submit reports under
subsection \(a\) shall terminate on the date that is 5 years
after the date of the enactment of this Act.
SA 6056. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, insert the
following:
SEC. 1218. STATEMENT OF POLICY ON REPEAL OF SUNSET OF IRAN
SANCTIONS ACT OF 1996.
\(a\) Findings.—Congress makes the following findings:
\(1\) The Iran Sanctions Act of 1996 \(Public Law 104-172; 50
U.S.C. 1701 note\) requires the imposition of sanctions with
respect to Iran's illicit weapons programs, conventional
weapons and ballistic missile development, and support for
terrorism, including Iran's Revolutionary Guards Corps.
\(2\) The Government of Iran has acquired destabilizing
conventional weapons systems from the Russian Federation and
other malign actors, and is funneling weapons and financial
support to its terrorist proxies throughout the Middle East,
threatening allies and partners of the United States, such as
Israel.
\(b\) Statement of Policy.—It is the policy of the United
States to repeal the sunset provision in the Iran Sanctions
Act of 1996 \(Public Law 104-172; 50 U.S.C. 1701 note\).
SA 6057. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S.
### 4784, to authorize appropriations for fiscal year 2027 for military
activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. EXTENSION OF DEFENSE PRODUCTION ACT OF 1950.
Section 717\(a\) of the Defense Production Act of 1950 \(50
U.S.C. 4564\(a\)\) is amended by striking “September 30, 2025”
and inserting “December 31, 2027”.
SA 6058. Mr. SCOTT of South Carolina submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12\_\_. EXTENSION OF FENTANYL SANCTIONS ACT.
Section 7234 of the Fentanyl Sanctions Act \(21 U.S.C. 2334\)
is amended by striking “the date that is 7 years after the
date of the enactment of this Act” and inserting “December
31, 2033”.
SA 6059. Mr. SCOTT of South Carolina \(for himself and Mr. Hagerty\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES
SUPPLY CHAINS
SEC. 1701. ASSISTANT SECRETARY OF COMMERCE FOR INFORMATION
AND COMMUNICATIONS TECHNOLOGY SUPPLY CHAINS.
Part III of the Export Control Reform Act of 2018 \(50
U.S.C. 4851 et seq.\) is amended—
\(1\) in the part heading, by striking “administrative
authorities” and inserting “organization of bureau of
industry and security”; and
\(2\) by adding at the end the following:
“SEC. 1783. ASSISTANT SECRETARY OF COMMERCE FOR INFORMATION
AND COMMUNICATIONS TECHNOLOGY SUPPLY CHAINS.
“\(a\) In General.—The President shall appoint, by and with
the advice and consent of the Senate, and in addition to the
Assistant Secretaries of Commerce appointed under section
1782, an Assistant Secretary of Commerce for Information and
Communications Technology Supply Chains \(in this section
referred to as the \`Assistant Secretary'\), who shall report
to the Under Secretary of Commerce for Industry and Security.
“\(b\) Responsibilities.—The Assistant Secretary shall be
responsible for overseeing the Office of Information and
Communications Technology and Services established by section
1784.”.
SEC. 1702. OFFICE OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES.
Part III of the Export Control Reform Act of 2018, as
amended by section 1701, is further amended by adding at the
end the following:
“SEC. 1784. OFFICE OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES.
“\(a\) Establishment.—The Secretary shall establish an
Office of Information and Communications Technology and
Services \(in this section referred to as the \`Office'\) within
the Bureau of Industry and Security.
“\(b\) Organizational Structure.—The head of the Office
shall report directly to the Assistant Secretary of Commerce
for Information and Communications Technology Supply Chains.
“\(c\) Duties.—The Office shall—
“\(1\) administer part IV; and
“\(2\) carry out such other duties as the Secretary or the
Assistant Secretary of Commerce for Information and
Communications Technology Supply Chains may assign.
“\(d\) Availability of Information to Congress.—
“\(1\) In general.—Any information obtained at any time by
the Office in carrying out the duties of the Office under
subsection \(c\), including in administering part IV, shall be
made available to a committee or subcommittee of Congress of
appropriate jurisdiction, upon the request of the chairman or
ranking minority member of the committee or subcommittee.
“\(2\) Prohibition on further disclosure.—No committee or
subcommittee referred to in paragraph \(1\), or any member
thereof, may disclose any information made available under
paragraph \(1\) that is submitted on a confidential basis
unless the full committee determines that the withholding of
that information is contrary to the national interest.”.
SEC. 1703. SECURITY OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES SUPPLY CHAINS.
\(a\) In General.—The Export Control Reform Act of 2018, as
amended by sections 1701 and 1702, is further amended by
adding at the end the following:
“PART IV—SECURITY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY AND
SERVICES SUPPLY CHAINS
“SEC. 1785. DEFINITIONS.
“In this part:
“\(1\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
“\(2\) Country of concern.—The term \`country of concern'
means—
“\(A\) the People's Republic of China, including the Hong
Kong and Macau Special Administrative Regions;
“\(B\) the Republic of Cuba;
“\(C\) the Islamic Republic of Iran;
“\(D\) the Democratic People's Republic of Korea; and
“\(E\) the Russian Federation.
“\(3\) Covered icts transaction.—The term \`covered ICTS
transaction' means any transaction described in section
1785A\(b\) or a class of such transactions.
“\(4\) Information and communications technology or
services; icts.—The terms \`information and communications
technology or services' and \`ICTS' mean any hardware,
software, connected software applications, or other product
or service primarily intended to fulfill or enable the
function of information or data processing, storage,
retrieval, or communication by electronic means, including
through transmission, storage, or display.
“\(5\) Open-source software.—The term \`open -source
software' means software for which the human-readable source
code is available in its entirety for use, study, reuse,
modification, enhancement, and redistribution by the users of
the software.
“SEC. 1785A. PROHIBITION ON TRANSACTIONS THAT THREATEN
SECURITY OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY AND SERVICES SUPPLY CHAINS.
“\(a\) In General.—Except as otherwise specifically
provided in this part, a transaction described in subsection
\(b\) is prohibited.
“\(b\) Transactions Described.—A transaction described in
this subsection is any acquisition, importation, transfer,
installation, dealing in, or use of any information and
communications technology or service by any person, or with
respect to any property, subject to the jurisdiction of the
United States, if the Secretary, in consultation with the
heads of the relevant Federal agencies, has determined that
the transaction—
“\(1\) involves information and communications technology or
services designed, developed, manufactured, or supplied by
persons owned by, controlled by, or subject to the
jurisdiction or direction of a country of concern; and
“\(2\)\(A\) poses an undue risk of sabotage to or subversion
of the design, integrity, manufacturing, production,
distribution, installation, operation, or maintenance of
information and communications technology or services in the
United States;
“\(B\) poses an undue risk of catastrophic effects on the
security or resiliency of United States critical
infrastructure or the digital economy of the United States;
or
“\(C\) otherwise poses an unacceptable risk to the national
security of the United States or the security and safety of
United States persons.
“\(c\) Exception for Information and Informational
Materials.—The prohibition under subsection \(a\) shall not
include a prohibition intended to prevent the importation
from any country, or the exportation to any country, whether
commercial or otherwise, of any expressive materials,
including—
“\(1\) publications, films, posters, photographs, artworks,
news wire feeds, digital streaming content, podcasts, social
media posts, blogs, online news articles, and other
electronically distributed media; and
“\(2\) items and transactions described in section 203\(b\) of
the International Emergency Economic Powers Act \(50 U.S.C.
1702\(b\)\).
“\(d\) Exception for Open-source Software.—The prohibition
under subsection \(a\) does not include a prohibition on
transactions specifically intended to provide the public with
access to open-source software.
“\(e\) Effect on Contracts and Permits.—The prohibition
under subsection \(a\) applies notwithstanding any contract
entered into or license or permit granted before the date of
the enactment of this part.
“SEC. 1785B. AUTHORIZATION TO PRESCRIBE REGULATIONS WITH
RESPECT TO COVERED ICTS TRANSACTIONS AND
PERSONS AND JURISDICTIONS OF CONCERN.
“If Secretary determines that, for certain classes of
covered ICTS transactions, the prohibition under subsection
\(a\) of section 1785A may not effectively address the undue or
unacceptable risks described in subsection \(b\)\(2\) of that
section, the Secretary may—
“\(1\) prescribe regulations that—
“\(A\) identify particular covered ICTS transactions or
persons or jurisdictions of concern that pose such a risk;
“\(B\) impose mitigation measures and prohibitions to
address the risk posed by such transactions, persons, or
jurisdictions;
“\(C\) establish criteria by which particular covered ICTS
transactions or particular classes of participants in the
covered ICTS transaction supply chain may be recognized as
categorically included in or as categorically excluded from
mitigation measures or prohibitions imposed under
subparagraph \(B\);
“\(D\) establish particular classes of covered ICTS
transactions or parties to such transactions that are
required to abide by such mitigation measures and
prohibitions; and
“\(E\) establish procedures to authorize or license
transactions otherwise prohibited pursuant to a regulation
prescribed under this section; and
“\(2\) prescribe such other regulations as the Secretary
determines to be necessary or appropriate to address the
undue or unacceptable risks described in section 1785A\(b\)\(2\).
“SEC. 1785C. ADMINISTRATION.
“\(a\) In General.—The head of the Office of Information
and Communications Technology and Services established under
section 1784 \(in this section referred to as the \`head of the
Office'\) shall administer this part.
“\(b\) Mitigation and Approval of Covered ICTS
Transactions.—The head of the Office, in consultation with
the heads of the relevant Federal agencies, may—
“\(1\) design, negotiate, and impose mitigation measures
with respect to a covered ICTS transaction; and
“\(2\) approve the transaction if those measures are
implemented.
“\(c\) Regulations.—The Secretary, acting through the head
of the Office, may prescribe regulations to carry out this
part.
“SEC. 1785D. JUDICIAL REVIEW.
“\(a\) Exclusive Jurisdiction.—A claim or petition
challenging this part or any final action or determination
under this part may be filed only in the United States Court
of Appeals for the District of Columbia Circuit.
Notwithstanding the preceding sentence, the United States
District Court for the District of Columbia Circuit shall
have the jurisdiction and power to order and require
compliance with any subpoena issued under this part.
“\(b\) In Camera and Ex Parte Review.—
“\(1\) In general.—The following information may be
included in the administrative record and shall be submitted
only to the court ex parte and in camera:
“\(A\) Sensitive security information, as defined in section
1520.5 of title 49, Code of Federal Regulations.
“\(B\) Records or information compiled for law enforcement
purposes, as described in section 552\(b\)\(7\) of title 5,
United States Code.
“\(C\) Classified information, as defined in section 1\(a\) of
the Classified Information Procedures Act \(18 U.S.C. App.\).
“\(2\) Treatment of information filed in camera and ex
parte.—Any information that is part of the administrative
record filed ex parte and in camera under paragraph \(1\), or
cited by the court in any decision, shall be treated by the
court consistent with the provisions of this section. In no
event shall such information be released to the claimant or
petitioner or as part of the public record, or shall the
petitioner be permitted to review information submitted to
the court ex parte and in camera.
“\(c\) Exclusive Remedy.—A determination by the court under
this section shall be the exclusive judicial remedy for any
claim or petition for review challenging this part or any
final action or determination under this part against the
United States, any agency, or any component or official of
any such agency.
“\(d\) Rule of Construction.—Nothing in this section may be
construed as limiting, superseding, or preventing the
invocation of any privileges or defenses that are otherwise
available at law or in equity to protect against the
disclosure of information.
“\(e\) Statute of Limitations.—A challenge to any final
action or determination under this part may only be brought
not later than 180 days after the date of such an action or
determination.
“SEC. 1785E. PENALTIES.
“\(a\) Unlawful Acts.—It shall be unlawful for a person to
violate, attempt to violate, conspire to violate, or cause a
violation of any regulation, order, direction, prohibition,
or other authorization or directive issued under this part.
“\(b\) Criminal Penalties.—A person who willfully commits,
willfully attempts to commit, or willfully conspires to
commit, or aids and abets in the commission of an unlawful
act described in subsection \(a\)—
“\(1\) shall be fined not more than $1,000,000; and
“\(2\) in the case of the individual, shall be imprisoned
for not more than 20 years, or both.
“\(c\) Civil Penalties.—
“\(1\) In general.—The Secretary may impose the following
civil penalties on a person for each violation by that person
of this part or any regulation, order, or license issued
under this part:
“\(A\) A fine that is the greater of $1,500,000 or an amount
that is 5 times the value of the transaction that is the
basis of the violation with respect to which the penalty is
imposed.
“\(B\) Revocation of any mitigation measure or authorization
issued under this part to the person.
“\(C\) A prohibition or other restriction on the ability of
the person to engage in any covered ICTS transaction.
“\(2\) Inflation.—The fine under paragraph \(1\)\(A\) is
subject to adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act of 1990 \(Public Law 101-410; 28
U.S.C. 2461 note\).
“\(3\) Standards for levels of civil penalty.—The Secretary
may by regulation provide standards for establishing levels
of civil penalty under paragraph \(1\) based upon factors that
include—
“\(A\) the seriousness of the violation to the national
security of the United States;
“\(B\) the intent or actions of the violator, including any
pattern of reckless behavior; and
“\(C\) any mitigating factors, such as a record of
cooperation of the violator with the Federal Government in
disclosing the violation.
“SEC. 1785F. RELATIONSHIP TO OTHER LAWS.
“\(a\) Rule of Construction Relating to Other Law.—Nothing
in this part shall be construed to alter or affect any other
authority, process, regulation, investigation, enforcement
measure, or review provided by or established under any other
provision of Federal law.
“\(b\) Administrative Procedure Exceptions.—Except with
respect to a civil penalty imposed pursuant to section
1785E\(c\), any function exercised under this part is not
subject to sections 551, 553 through 559, and 701 through 706
of title 5, United States Code.
“\(c\) Paperwork Reduction Act Exception.—The requirements
of chapter 35 of title 44, United States Code \(commonly
referred to as the \`Paperwork Reduction Act'\), shall not
apply to any action to implement this part.
“\(d\) Defense Production Act of 1950.—
“\(1\) Rule of construction.—Nothing in this part shall
prevent or preclude the President or the Committee on Foreign
Investment in the United States from exercising any authority
under section 721 of the Defense Production Act of 1950 \(50
U.S.C. 4565\) that would be available in the absence of this
part.
“\(2\) Coordination of reviews.—The Secretary shall
terminate the review of a covered ICTS transaction under this
part if—
“\(A\) the transaction involves the acquisition of ICTS
items by a United States person as a party to a transaction
authorized under the Defense Production Act of 1950 \(50
U.S.C. 4501 et seq.\); or
“\(B\) the Committee on Foreign Investment in the United
States is conducting a review or investigation of the
transaction under section 721 of the Defense Production Act
of 1950 \(50 U.S.C. 4565\).
“\(e\) Executive Orders 13873 and 14034.—
“\(1\) Rule of construction.—Nothing in this part may be
construed as altering any of the authority of the Secretary
under Executive Order 13873 \(50 U.S.C. 1701 note; relating to
securing the information and communications technology and
services supply chain\) or Executive Order 14034 \(50 U.S.C.
1701 note; relating to protecting Americans' sensitive data
from foreign adversaries\).
“\(2\) Continuation in effect.—Any regulation the Secretary
prescribed under Executive Order 13873 \(50 U.S.C. 1701 note;
relating to securing the information and communications
technology and services supply chain\) or Executive Order
14034 \(50 U.S.C. 1701 note; relating to protecting Americans'
sensitive data from foreign adversaries\) before the date of
the enactment of this part shall continue in effect on and
after such date of enactment.
“SEC. 1785G. AUTHORIZATION OF OTHER ACTIONS.
“In carrying out the requirements of this part, the
Secretary may take any other actions that the Secretary
determines to be necessary or appropriate, including
prescribing new regulations, amending regulations, publishing
any notices in the Federal Register \(including with respect
to mitigation measures and prohibitions imposed under section
1785B\), issuing guidance, establishing procedures, revoking
or amending authorizations, and terminating or amending any
determination.
“SEC. 1785H. ANNUAL REPORTS.
“Not later than 180 days after the date of the enactment
of this part, and annually thereafter, the head of the Office
of Information and Communications Technology and Services
shall submit to the appropriate congressional committees a
report on actions taken to carry out this part during the
one-year period preceding submission of the report.
“SEC. 1785I. TERMINATION.
“The prohibition under section 1785A\(a\) and the
requirements of and authorities provided by this part
terminate on the date that is 5 years after the date of the
enactment of this part.”.
\(b\) Conforming Amendment.—Section 1742\(13\)\(A\) of the
Export Control Reform Act of 2018 \(50 U.S.C. 4801\(13\)\(A\)\) is
amended, in the matter preceding clause \(i\), by striking
“part I” and inserting “parts I and IV”.
SA 6060. Mr. CASSIDY \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,
### and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. PUBLIC DISCLOSURE OF VEHICLE AND AIRCRAFT MANIFEST
INFORMATION.
\(a\) In General.—Section 431 of the Tariff Act of 1930 \(19
U.S.C. 1431\) is amended—
\(1\) by amending subsection \(a\) to read as follows:
“\(a\) In General.—Each of the following shall have a
manifest that complies with the requirements prescribed under
subsection \(d\):
“\(1\) Every vessel required to make entry under section 434
or obtain clearance under section 60105 of title 46, United
States Code.
“\(2\) Every aircraft required to make entry and obtain
clearance under section 644\(a\).
“\(3\) Every commercial vehicle arriving in or departing
from the United States that is—
“\(A\) transporting merchandise for importation into or
exportation from the United States; and
“\(B\) required to transmit advance electronic information
under section 343\(a\) of the Trade Act of 2002 \(19 U.S.C.
1415\(a\)\).”; and
\(2\) in subsection \(c\)—
\(A\) in paragraph \(1\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“subparagraph \(2\)” and all that follows through “public
disclosure” and inserting “paragraph \(2\) or \(3\), when
included in a vessel, vehicle, or aircraft manifest, the
following information shall be available for public
disclosure”;
\(ii\) in subparagraph \(D\), by striking “vessel, aircraft,
or carrier” and inserting “vessel, vehicle, or aircraft”;
and
\(iii\) by striking subparagraphs \(E\) and \(F\) and inserting
the following:
“\(E\) In the case of a vessel or aircraft—
“\(i\) the seaport or airport of loading; and
“\(ii\) the seaport or airport of discharge.
“\(F\) In the case of a vehicle, the port of entry.”;
\(B\) by amending paragraph \(2\)\(B\) to read as follows:
“\(B\)\(i\) The Secretary shall ensure that any personally
identifiable information of individuals, such as the
information described in clause \(ii\), is removed from any
manifest signed, produced, delivered, or electronically
transmitted under this section before access to the manifest
is provided to the public.
“\(ii\) The information described in this clause includes
the following:
“\(I\) Social Security numbers.
“\(II\) Passport numbers.
“\(III\) The following names and addresses appearing in the
manifest in the names and addresses associated with a
shipper, consignee, or notify party:
“\(aa\) Names of individuals who are end consumers.
“\(bb\) Residential addresses \(excluding zip codes\) that are
not primary addresses of a trade or business.
“\(iii\) Nothing in this paragraph may be construed to
permit the removal of the name, address, or identification
number of a business from a manifest signed, produced,
delivered or electronically transmitted under this
section.”.
\(C\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(D\) by inserting after paragraph \(2\) the following:
“\(3\) In the case of a manifest required by subsection
\(a\)\(3\) for a vehicle departing from the United States, when
the manifest is provided to the Automated Commercial
Environment system of U.S. Customs and Border Protection,
U.S. Customs and Border Protection shall process the manifest
and provide the information in the manifest described in
paragraph \(1\) and not excluded from disclosure under
paragraph \(2\) to the appropriate parties.”.
\(b\) Applicability.—The amendments made by subsection \(a\)
shall apply with respect to each vessel, vehicle, and
aircraft arriving in or departing from the United States on
or after the date that is 120 days after the date of the
enactment of this Act.
SA 6061. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
: At the appropriate place in title X, insert the following:
SEC. . NATIONAL SECURITY COMMISSION ON EMERGING SCIENCE
AND TECHNOLOGY.
\(a\) Establishment.—
\(1\) In general.—There is hereby established, as of the
date specified in paragraph \(2\), an independent commission in
the legislative branch of the Federal Government to be known
as the “Congressional National Security Commission on
Emerging Science and Technology” \(in this section referred
to as the “Commission”\).
\(2\) Date of establishment.—The date of the establishment
referred to in paragraph \(1\) is the earlier of—
\(A\) 30 days after the date of the enactment of this Act; or
\(B\) the first day of the first Congress that commences
after the date of the enactment of this Act.
\(b\) Membership.—
\(1\) Number and appointment.—The Commission shall be
composed of 12 members appointed as follows:
\(A\) Three members appointed by the majority leader of the
Senate, \(after consultation with the Chairs of the Committee
on Armed Services and the Select Committee on Intelligence of
the Senate\), one of whom will be a member of the Senate and
the other two will not.
\(B\) Three members appointed by the minority leader of the
Senate, \(after consultation with the ranking members of the
Committee on Armed Services and the Select Committee on
Intelligence of the Senate\), one of whom will be a member of
the Senate and the other two will not.
\(C\) Three members appointed by the Speaker of the House of
Representatives, \(after consultation with the Chairs of the
Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives\),
one of whom will be a member of the House of Representatives
and the other two will not.
\(D\) Three members appointed by the minority leader of the
House of Representatives, \(after consultation with the
ranking members of the Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House of
Representatives\), one of whom will be a member of the House
of Representatives and the other two will not.
\(2\) Qualifications.—The members of the Commission who are
not members of Congress and who are appointed under paragraph
\(1\) \(1\) shall be individuals from private civilian life who
are eligible to receive the appropriate security clearance to
effectively execute their duties and who are recognized
experts and have relevant professional experience in matters
relating to—
\(A\) emerging science and technology research and
development;
\(B\) use of emerging science and technology by national
policy makers and military leaders;
\(C\) the implementation, funding, or oversight of the
national security policies of the United States;
\(D\) foreign affairs, the Armed Forces, or other relevant
aspect of United States national security policy;
\(E\) investment in emerging science and technology;
\(F\) oversight and regulation of emerging science and
technology products; or
\(G\) the impact of science and technology on United States
economic competitiveness and national security.
\(c\) Chair and Vice Chair.—
\(1\) Chair.—The majority leader of the Senate and the
Speaker of the House of Representatives shall jointly
designate one member of the Commission to serve as Chair of
the Commission.
\(2\) Vice chair.—The minority leader of the Senate and the
minority leader of the House of Representatives shall jointly
designate one member of the Commission to serve as Vice Chair
of the Commission.
\(3\) Qualification.—The Chair of the Commission shall be a
member of Congress who has been appointed to serve as a
member of Commission, but the Vice Chair shall not be a
Member of Congress.
\(d\) Period of Appointment.—Appointments under subsection
\(b\) shall have terms of appointment that are staggered in the
following manner such that, starting two years after the date
on which the Commission is established, one-third of the
seats on the Commission will be appointed to the following:
\(1\) The four members of the Senate and the House of
Representatives appointed to serve on the Commission shall
have a term of appointment that expires two years after the
date on which the Commission is established. However, those
seats may then be filled in the same manner as the original
appointment, and thereafter the terms of all subsequent
appointments shall last for four years from the date of the
last expiration of that term.
\(2\) The second appointment shall have a term of appointment
which shall expire three years after the date on which the
Commission is established. However, those seats may then be
filled in the same manner as the original appointment, and
thereafter the terms of all subsequent appointments shall
last for four years from the date of the previous expiration
of that term.
\(3\) The third appointment shall have a term of appointment
shall expire four years after the date on which the
Commission is established. However, those seats may then be
filled in the same manner as the original appointment, and
thereafter the terms of all subsequent appointments shall
last for four years from the date of the last expiration of
that term.
\(e\) Purpose.—The purposes of the Commission are—
\(1\) to examine and make recommendations with respect to
emerging science and technology as they pertain to current
and future national security missions and activities of the
United States; and
\(2\) to ensure the position of the United States as a
leading source of scientific innovation.
\(f\) Scope and Duties.—
\(1\) In general.—The Commission shall carry out a review of
advances in emerging science and technology. In carrying out
such review, the Commission shall consider the methods,
means, and investments necessary to advance and secure the
development of emerging science and technology by the United
States to comprehensively address the national security and
defense needs of the United States.
\(2\) Scope of the review.—In conducting a review described
in paragraph \(1\), the Commission shall consider the
following:
\(A\) Associated ethical, legal, social, and environmental
considerations related to emerging science and technology as
they will be used for future applications related to national
security and defense.
\(B\) Opportunities to strengthen and expand the domestic
emerging technology sector.
\(C\) Necessary adaptations to national defense strategies to
address capabilities, risks, and disruptions arising from
emerging technologies.
\(3\) Additional matters for review.—The Commission may also
consider at its discretion any matters that are referred to
the Commission for examination by—
\(A\) either the Chair or Ranking Member of the Committee on
Armed Services of the Senate;
\(B\) either the Chair or Vice Chair of the Select Committee
on Intelligence of the Senate;
\(C\) either the majority leader or the minority leader of
the Senate;
\(D\) either the Chair or Ranking Member of the Committee on
Armed Services of the House of Representatives;
\(E\) either the Chair or Ranking Member of the Permanent
Select Committee on Intelligence of the House of
Representatives; and
\(F\) either the Speaker of the House of Representatives or
the minority leader of the House of Representatives.
\(g\) Commission Reports and Recommendations.—
\(1\) Annual submittal.—Every year, not later than February
1, the Commission shall submit to Congress an annual report
on the findings of the Commission and such recommendations
that the Commission may have for legislative or
administrative action.
\(2\) Intermittent submittal.—The Commission may submit to
Congress findings and recommendations throughout the year, as
the members of the Commission and Executive Director of the
Commission consider appropriate.
\(3\) Statutory language.—Recommendations for legislative
action submitted by the Commission under this subsection
shall include proposed statutory language.
\(4\) Form.—Each annual report submitted under paragraph \(1\)
and other papers submitted under this subsection shall be
submitted in unclassified form, but may include classified
annexes.
\(h\) Government Cooperation.—
\(1\) Cooperation.—In carrying out its duties, the
Commission shall receive the full and timely cooperation of
the Secretary of Defense and other Federal departments and
agencies in providing the Commission with analysis,
briefings, and other information necessary for the
fulfillment of its responsibilities.
\(2\) Liaison.—The Secretary of Defense shall designate at
least one officer or employee of the Department of Defense to
serve as a liaison officer between the Department and the
Commission.
\(3\) Detailees.—The Secretary of Defense and the heads of
other departments and agencies of the Federal Government may
provide, and the Commission may accept and employ, personnel
detailed from the Department of Defense and such other
departments and agencies, without reimbursement.
\(4\) Facilitation.—
\(A\) Independent, nongovernmental institute.—Not later than
45 days after the Commission establishment date specified in
subsection \(a\)\(2\), the Secretary of Defense may make
available to the Commission the services of an independent,
nongovernmental institute described in section 501\(c\)\(3\) of
the Internal Revenue Code of 1986, and exempt from tax under
section 501\(a\) of such Code, that has recognized credentials
and expertise in national security and military affairs in
order to facilitate the Commission's discharge of its duties
under this section.
\(B\) Federally funded research and development center.—On
request of the Commission, the Secretary of Defense shall
make available the services of federally funded research and
development centers \(FFRDCs\) that are covered by sponsoring
agreements of the Department of Defense in order to enhance
the Commission's efforts to discharge its duties under this
section. The Secretary of Defense shall, on a reimbursable
basis, facilitate the Commission with entering into contracts
with the federally funded research and development centers of
the Commission's choice.
\(5\) Expedition of security clearances.—The Office of
Senate Security and the Office of House Security shall ensure
the expedited processing of appropriate security clearances
under processes developed for the clearance of legislative
branch employees for any personnel appointed to the
Commission by their respective offices of the Senate and
House of Representatives and any personnel appointed by the
Executive Director appointed under subsection \(i\).
Departments of the executive branch of the Federal Government
that are responsible for processing security clearances shall
ensure the expedited processing of appropriate security
clearances for Commissioners and employees of the Commission.
\(i\) Personnel Matters.—
\(1\) Status as federal employees.—Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection \(a\)\(3\) of
such section, any member of the Commission who is not a
member of Congress shall be considered to be an employee of
the legislative branch of the Federal Government.
\(2\) Executive director.—The Commission shall appoint and
fix the rate of basic pay for an Executive Director in
accordance with section 3161\(d\) of title 5, United States
Code.
\(3\) Pay.—The Executive Director may appoint and fix the
rate of basic pay for additional personnel as staff of the
Commission in accordance with section 3161\(d\) of title 5,
United States Code.
\(4\) Authority to procure personnel services.—The
Commission may—
\(A\) procure the services of experts or consultants \(or of
organizations of experts or consultants\) in accordance with
the provisions of section 3109 of title 5, United States
Code; and
\(B\) pay in connection with such services travel expenses of
individuals, including transportation and per diem in lieu of
subsistence, while such individuals are traveling from their
homes or places of business to duty stations.
\(5\) Maximum daily pay rates.—The daily rate paid an expert
or consultant procured pursuant to paragraph \(1\) may not
exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
\(6\) Exemption.—Members of the Commission and employees of
the Commission shall be exempt from the Fair Labor Standards
Act of 1938 \(29 U.S.C. 201 et seq.\) and the Congressional
Accountability Act of 1995 \(2 U.S.C. 1301 et seq.\).
\(7\) Pay.—The pay of each employee of the Commission and
any member of the Commission who receives pay in accordance
with paragraph \(1\) shall be disbursed by the Secretary of the
Senate.
\(j\) Ethics.—
\(1\) Authority to accept gifts.—The Commission may accept,
use, and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes of
aiding and facilitating the work of the Commission. The
authority in this paragraph does not extend to gifts of
money. Gifts accepted under this paragraph shall be
documented, and conflicts of interest or the appearance of
conflicts of interest shall be avoided.
\(2\) Compliance by members of congress.—Subject to the
authority in this section, members of the Commission who are
members of Congress shall continue to comply with rules set
forth by the Select Committee on Ethics of the Senate and the
Committee on Ethics of the House of Representatives.
\(3\) Reporting.—For purposes of title I of the Ethics in
Government Act of 1978 \(5 U.S.C. App.\), each member of the
Commission who is not a member of Congress and each employee
of the Commission shall be deemed to be an officer or
employee of the Congress \(as defined in section 109\(13\) of
such title\) and shall file any report required to be filed by
such member or such employee \(including by virtue of the
application of subsection \(g\)\(1\)\) under subchapter I of
chapter 131 of title 5, United States Code \(commonly referred
to as the “Ethics in Government Act of 1978”\) with the
Secretary of the Senate.
\(k\) Legislative Advisory Committee.—The Commission shall
operate as a legislative advisory committee and shall be
exempt from section 552 of title 5, United States Code
\(commonly referred to as the “Freedom of Information Act”\)
and chapter 10 of title 5 \(commonly known as the “Federal
Advisory Committee Act”\). The Commission may acquire
information through whatever fora the Commissioners deem
necessary to effectively execute their duties.
\(l\) Provision of Services.—The Senate Sergeant at Arms and
the Secretary of the Senate shall provide to the Commission,
on a reimbursable basis, such resources at it may need for
its operation, to including provision of office space,
contracting services, administrative support, and office
supplies. The Commission may acquire administrative supplies
and equipment for Commission use to the extent funds are
available.
\(m\) Use of Government Information.—
\(1\) In general.—The Commission may secure directly from
any department or agency of the Federal Government such
information as the Commission considers necessary to carry
out its duties. Upon such request of the chair of the
Commission, the head of such department or agency shall
furnish such information to the Commission.
\(2\) Classified information.—Such information to be
provided by a department or agency of the Federal Government
shall include any classified information the Commission
considers necessary to carry out its duties, but which shall
be provided in a manner consistent with the protection of
intelligence sources and methods. The Executive Director of
the Commission shall take care to protect classified
information by limiting access only to those Commissioners
and employees of the Commission who need access to such
information.
\(3\) Access to resources.—The Commission will have explicit
access to all resources
provided to congressional staff, including the Government
Accountability Office, the Congressional Research Service,
the Office of the Legislative Counsel, and the Congressional
Budget Office.
\(n\) Postal Services.—The Commission may use the United
States mail in the same manner and under the same conditions
as Federal departments and agencies.
\(o\) Space for Use of Commission.—Not later than 30 days
after the establishment date of the Commission, if the Senate
Sergeant at Arms is unable to procure suitable office space
for the Commission, the Administrator of General Services, in
consultation with the Commission, shall identify and make
available suitable excess space within the Federal space
inventory to house the operations of the Commission. If the
Administrator is not able to make such suitable excess space
available within such 30-day period, the Commission may lease
space to the extent the funds are available.
\(p\) Removal of Members.—A member may be removed from the
Commission for cause by the individual serving in the
position responsible for the original appointment of such
member under subsection \(b\)\(1\), provided that notice has
first been provided to such member of the cause for removal
and voted and agreed upon by three quarters of the members
serving. A vacancy created by the removal of a member under
this subsection shall not affect the powers of the
Commission, and shall be filled in the same manner as the
original appointment was made.
\(q\) Records.—
\(1\) In general.—The Executive Director of the Commission—
\(A\) may request the records, to the extent they exist, from
the Cyberspace Solarium Commission \(CSC\) and from the
National Security Commission on Artificial Intelligence
\(NSCAI\), from the National Archives or from any other entity
that may hold the records of the Cyberspace Solarium
Commission and National Security Commission on Artificial
Intelligence; and
\(B\) shall have authority to determine what records of the
Commission shall be submitted to the National Archives of the
United States.
\(2\) Transfer of records from national security commission
on emerging biotechnology.—The Executive Director of the
National Security Commission on Emerging Biotechnology
established by section 1091\(a\) of the National Defense
Authorization Act for Fiscal Year 2022 \(Public Law 117-81\)
may transfer all records of that Commission to the
Congressional Commission on Emerging Science and Technology,
under such terms and restrictions on access and use as the
Executive Director of the National Security Commission on
Emerging Biotechnology may prescribe
SEC. . DEFINITION OF NATIONAL SECURITY FOR PURPOSES OF
TITLE 10, UNITED STATES CODE.
Section 101\(a\) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
“\(22\) The term \`national security' means the national
defense and foreign relations of the United States and
includes the security of the economy of the United States and
the resilience of supply chains for economic activity in the
United States.”.
SA 6062. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. NEW MEXICO LAND GRANT-MERCEDES HISTORICAL OR
TRADITIONAL USE COOPERATION AND COORDINATION.
\(a\) Definitions.—In this section:
\(1\) Community user.—The term “community user” means an
heir \(as defined under the laws of the State\) of a qualified
land grant-merced.
\(2\) Federal land.—
\(A\) In general.—The term “Federal land” means any land
under the jurisdiction of the Secretary concerned.
\(B\) Exclusions.—The term “Federal land” does not
include—
\(i\) land within the boundary of an Indian reservation;
\(ii\) land held in trust or in restricted status by the
United States for the benefit of—
\(I\) an Indian Tribe; or
\(II\) an individual Indian; or
\(iii\) land held in fee by an Indian or Indian Tribe that is
subject to restrictions on alienation by the United States.
\(3\) Governing body.—The term “governing body” means the
board of trustees authorized under State law with the
control, care, and management of a qualified land grant-
merced.
\(4\) Historical or traditional use.—The term “historical
or traditional use” means the following long-established and
habitual uses conducted by a qualified land grant-merced on
Federal land for noncommercial benefit and for the benefit of
the qualified land grant-merced:
\(A\) The use of water in accordance with all applicable
Federal and State laws \(including regulations\).
\(B\) Gathering herbs in small quantities.
\(C\) Gathering wood products in small quantities.
\(D\) Gathering flora or botanical products in small
quantities.
\(E\) Grazing, to the extent that grazing has traditionally
been carried out on Federal land, as determined by the
Secretary concerned, in coordination with the New Mexico Land
Grant Council.
\(F\) Subsistence hunting or fishing that is conducted in
accordance with State law.
\(G\) Soil or rock gathering in small quantities.
\(H\) The use and maintenance of an existing monument or
shrine.
\(I\) The use and maintenance of an existing cemetery by a
qualified land grant-merced.
\(J\) Any other long-established and habitual use conducted
by a qualified land grant-merced for noncommercial benefit
that—
\(i\) has a sustainable use by the qualified land grant-
merced, as determined by the Secretary concerned, in
coordination with the New Mexico Land Grant Council;
\(ii\) supports the long-term integrity of the qualified land
grant-merced, as determined by the Secretary concerned, in
coordination with the New Mexico Land Grant Council; and
\(iii\) is agreed to in writing by the Secretary concerned
and the New Mexico Land Grant Council.
\(5\) Indian tribe.—The term “Indian Tribe” means the
governing body of any individually identified and federally
recognized Indian or Alaska Native tribe, band, nation,
pueblo, village, community, affiliated Tribal group, or
component reservation included on the most recent list
published pursuant to section 104\(a\) of the Federally
Recognized Indian Tribe List Act of 1994 \(25 U.S.C. 5131\(a\)\).
\(6\) Memorandum of understanding.—The term “memorandum of
understanding” means a memorandum of understanding entered
into or extended, renewed, or revised under subsection
\(b\)\(1\)\(A\).
\(7\) Noncommercial benefit.—The term “noncommercial
benefit” means a benefit from a use, the primary purpose of
which is not the sale of a good or service.
\(8\) Qualified land grant-merced.—The term “qualified land
grant-merced” means a community land grant issued under the
laws or customs of the Government of Spain or Mexico that—
\(A\) is recognized under New Mexico Statutes Chapter 49,
Articles 1 and 4 \(or a successor statute\); and
\(B\)\(i\) has a record of historical or traditional use on
Federal land under the jurisdiction of the Secretary
concerned; or
\(ii\) has a patented exterior boundary that is or was
previously located on or adjacent to Federal land under the
jurisdiction of the Secretary concerned.
\(9\) Secretary concerned.—The term “Secretary concerned”
means the Secretary of Agriculture or the Secretary of the
Interior, with respect to Federal land under the jurisdiction
of the Secretary of Agriculture or the Secretary of the
Interior, respectively.
\(10\) State.—The term “State” means the State of New
Mexico.
\(b\) Memorandum of Understanding on Permit Requirements and
Other Land Use Authorizations for Historical or Traditional
Uses of Qualified Land Grant-mercedes; Reduction or Waiver of
Certain Fees.—
\(1\) Memorandum of understanding.—
\(A\) In general.—The Secretary concerned, acting through
the appropriate officials of the Department of Agriculture
and the Department of the Interior in the State, in
consultation with Indian Tribes, shall—
\(i\) not later than 2 years after the date of enactment of
this Act, enter into an initial memorandum of understanding
with the New Mexico Land Grant Council; and
\(ii\) subject to the requirements of this subsection, on the
expiration of the initial memorandum of understanding entered
into under clause \(i\) or any successor memorandum of
understanding entered into under this clause—
\(I\) enter into a successor memorandum of understanding with
the New Mexico Land Grant Council; or
\(II\) extend or renew, with any revisions determined to be
appropriate by the Secretary concerned and the New Mexico
Land Grant Council, the expired memorandum of understanding.
\(B\) Applicable requirements and authorizations.—
\(i\) In general.—A memorandum of understanding shall—
\(I\) provide for enhanced cooperation and coordination
between the Secretary concerned and qualified land grant-
mercedes;
\(II\) provide for the Secretary concerned, acting through
the appropriate officials of the Department of Agriculture
and the Department of the Interior, to enter into subsidiary
agreements with qualified land grant-mercedes for specific
projects consistent with the memorandum of understanding; and
\(III\) be consistent with, and subject to—
\(aa\) applicable Federal laws \(including regulations\);
\(bb\) applicable land use plans; and
\(cc\) valid existing rights.
\(ii\) Permits and other land use authorizations.—A
memorandum of understanding shall include—
\(I\) a description of the types of historical or traditional
uses that—
\(aa\) a community user or a governing body of a qualified
land grant-merced may conduct for noncommercial benefit on
Federal land under the jurisdiction of the Secretary
concerned; and
\(bb\) require a permit or other land use authorization from
the Secretary concerned;
\(II\) a citation to, and description of, any administrative
procedures for obtaining the permit or other land use
authorization under subclause \(I\);
\(III\) a description of—
\(aa\) the types of fees, including cost recovery fees and
land use fees, that may be associated with a permit or other
land use authorization under subclause \(I\); and
\(bb\) if applicable, the process to request a reduction or
waiver of the fees described in item \(aa\) under regulations
promulgated by the Secretary concerned;
\(IV\) a description of the process for determining the
permissible use of motorized and nonmotorized vehicles and
equipment by a community user or the governing body of a
qualified land grant-merced for noncommercial historical or
traditional use on Federal land under the jurisdiction of the
Secretary concerned;
\(V\) a description of the process for determining the
permissible use of mechanized vehicles or equipment by a
community user or governing body of a qualified land grant-
merced for historical or traditional use on Federal land
under the jurisdiction of the Secretary concerned;
\(VI\) a description of the process for determining the
permissible use of nonnative material by a community user or
the governing body of a qualified land grant-merced for any
of the uses described in clauses \(iii\) and \(iv\) on Federal
land under the jurisdiction of the Secretary concerned;
\(VII\) a description of any applicable restrictions and
prohibitions on historical or traditional uses conducted by a
qualified land grant-merced on Federal land under the
jurisdiction of the Secretary concerned; and
\(VIII\) a description of the process, in accordance with
applicable law, for consulting with 1 or more Indian Tribes
that would be directly affected by a proposed historical or
traditional use on Federal land by a qualified land grant-
merced.
\(iii\) Routine maintenance and minor improvements.—A
memorandum of understanding shall address authorization of
routine maintenance and minor improvements of infrastructure
used by a qualified land grant-merced in connection with a
historical or traditional use on Federal land under the
jurisdiction of the Secretary concerned, including—
\(I\) cleaning, repair, or replacement-in-kind of
infrastructure;
\(II\) maintenance of a trail, road, cattle guard, culvert,
or fence;
\(III\) maintenance of a monument or shrine;
\(IV\) maintenance of a community cemetery by a qualified
land grant-merced;
\(V\) maintenance of a livestock well, water line, water
storage container, or water tank; and
\(VI\) any other routine maintenance or minor improvement
associated with historical or traditional uses identified by
the New Mexico Land Grant Council during the development of
the memorandum of understanding.
\(iv\) Major improvements.—A memorandum of understanding may
describe the process for authorizing major improvements of
infrastructure of a qualified land grant-merced in connection
with a historical or traditional use on Federal land under
the jurisdiction of the Secretary concerned, including—
\(I\) construction or expansion of a community water or
wastewater system of a qualified land grant-merced;
\(II\) construction or major repair of a livestock well,
water line, water storage container, or water tank of a
qualified land grant-merced;
\(III\) major repair of a monument or shrine of a qualified
land grant-merced;
\(IV\) installation of a cattle guard;
\(V\) construction of a trail, road, or fence;
\(VI\) construction or expansion of a community cemetery by a
qualified land grant-merced; and
\(VII\) any other major improvement associated with
historical or traditional uses, as determined by the
Secretary concerned.
\(v\) Notice and comment.—A memorandum of understanding
shall describe the policies and procedures for notice and
comment on land management planning decisions and major
Federal actions that could affect historical or traditional
uses of Federal land by a qualified land grant-merced, and
methods of providing the notice, including notice—
\(I\) online;
\(II\) in print; and
\(III\) by mail or email to the New Mexico Land Grant Council
and Indian Tribes, including through a listserv that would
include qualified land grant-mercedes, the New Mexico Land
Grant Council, and Indian Tribes.
\(C\) Development, execution, and implementation of
memorandum of understanding.—
\(i\) Role of the new mexico land grant council.—The New
Mexico Land Grant Council may represent qualified land grant-
mercedes in developing, executing, and implementing a
memorandum of understanding.
\(ii\) Role of governing bodies of qualified land grant-
mercedes.—The Secretary concerned may invite representatives
of governing bodies of qualified land grant-mercedes to
participate in meetings and provide input during the
development of a memorandum of understanding.
\(D\) Limitation.—A memorandum of understanding—
\(i\) shall describe the process for a qualified land grant-
merced to obtain authorizations for historical or traditional
uses through existing authorities, subject to existing
Federal laws \(including regulations\) and applicable permit
and land use authorization requirements; but
\(ii\) shall not directly approve or authorize a historical
or traditional use described in clause \(i\).
\(2\) Fees for qualified land grant-mercedes.—Where the
Secretary concerned is authorized to reduce or waive land use
fees or consider the fiscal capacity of the applicant in
determining whether to reduce or waive a fee for a land use
permit, the Secretary shall consider—
\(A\) the socioeconomic conditions of community users of a
qualified land grant-merced; and
\(B\) the annual operating budget of the governing body of
the qualified land grant-merced.
\(c\) Consideration and Inclusion of Provisions With Respect
to Historical or Traditional Uses in Land Use Planning.—In
developing, maintaining, and revising land use plans pursuant
to section 202 of the Federal Land Policy and Management Act
of 1976 \(43 U.S.C. 1712\) and section 6 of the National Forest
Management Act \(16 U.S.C. 1604\), as applicable, the Secretary
concerned shall, in accordance with applicable law, and, as
determined to be appropriate by the Secretary concerned,
include a section in the applicable land use plan that
considers and evaluates the impact of other uses in the land
use plan on historical or traditional uses by qualified land
grant-mercedes.
\(d\) Effect.—Nothing in this section—
\(1\) modifies, limits, expands, or otherwise affects any
treaty-reserved right, or any other right of, or obligation
to, any Indian Tribe, including treaties or agreements with
the United States, Executive orders, statutes, regulations,
or case law, that is recognized on or after the date of
enactment of this Act by any other means;
\(2\) affects the authority of the State to regulate water
use in accordance with all Federal and State laws \(including
regulations\);
\(3\) affects the authority of the State to regulate the
management of game and fish, in accordance with all Federal
and State laws \(including regulations\);
\(4\) affects any valid existing rights, or valid permitted
authorized uses of, Federal land; or
\(5\) creates any implicit or explicit right to any type of
use of Federal land.
SA 6063. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 639. DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND:
PAYMENT OF RETIRED PAY FOR ALL MEMBERS OF THE
UNIFORMED SERVICES.
\(a\) In General.—Section 1463 of title 10, United States
Code, is amended—
\(1\) in paragraph \(1\), by striking “retired lists” and all
that follows through “Space Force” and inserting “retired
lists of the uniformed services”;
\(2\) in paragraph \(2\), by striking “armed forces” and
inserting “uniformed services”; and
\(3\) in paragraph \(4\)—
\(A\) by striking “Department of Defense and the Department
of Homeland Security” and inserting “Departments of
Defense, Homeland Security, Commerce, and Health and Human
Services”;
\(B\) by striking “armed forces” and inserting “uniformed
services”;
\(C\) by striking “and section” and inserting “section”;
and
\(D\) by inserting “, subtitle C of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 \(33 U.S.C. 3041 et seq.\), and section 229 of the Social
Security Act \(42 U.S.C. 429\)” after “Public Law 96-402”.
\(b\) Conforming Amendments.—
\(1\) Fund purpose; definition.—Section 1461 of such title
is amended—
\(A\) in subsection \(a\), by striking “the Department of
Defense and the Coast Guard” and inserting “the uniformed
services”; and
\(B\) in subsection \(b\)—
\(i\) in paragraph \(2\)—
\(I\) by striking “armed forces” and inserting “uniformed
services”; and
\(II\) by striking “; and” and inserting a semicolon;
\(ii\) in paragraph \(3\), by striking the period at the end
and inserting a semicolon; and
\(iii\) by adding at the end the following new paragraphs:
“\(4\) a program under subtitle C of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act
of 2002 \(33 U.S.C. 3041 et seq.\); and
“\(5\) a program under section 211 or 221 of the Public
Health Service Act \(42 U.S.C. 212, 213a\).”.
\(2\) Determination of contributions to the fund.—Section
1465 of such title is amended—
\(A\) in subsection \(a\), by adding at the end the following
new paragraph:
“\(3\) Not later than January 1, 2027, the Board of
Actuaries, in consultation with the Secretaries of the
departments specified in section 1463\(a\)\(4\) of this title,
shall determine the amount that is the value on the date of
such determination of future benefits payable from the Fund
that are attributable to service in the commissioned corps of
the National Oceanic and Atmospheric Administration and of
the Public Health Service performed before such date. That
amount is the original National Oceanic and Atmospheric
Administration and Public Health Service unfunded liability
of the Fund. The Board shall determine the period of time
over which the original National Oceanic and Atmospheric
Administration and Public Health Service unfunded liability
should be liquidated and shall determine an amortization
schedule for the liquidation of such liability over that
period. Contributions to the Fund for the liquidation of the
original National Oceanic and Atmospheric Administration and
Public Health Service unfunded liability in accordance with
such schedule shall be made as provided in section 1466\(b\) of
this title.”;
\(B\) in subsection \(b\)—
\(i\) in paragraph \(1\)—
\(I\) in the matter preceding subparagraph \(A\)—
\(aa\) by striking “Secretary of the department in which the
Coast Guard is operating” and inserting “Secretaries of the
departments specified in section 1463\(a\)\(4\) of this title”;
and
\(bb\) by striking “Department of Defense and Coast Guard”
and inserting “uniformed services”;
\(II\) in subparagraph \(A\)\(ii\), by striking “Armed Forces”
and inserting “uniformed services”; and
\(III\) in subparagraph \(B\)\(ii\), by striking “armed forces”
and inserting “uniformed services”;
\(ii\) in paragraph \(2\), by inserting “, the Department of
Health and Human Services Retirement Pay account for
Commissioned officers, and the Department of Commerce NOAA
Corps Retirement Pay account for Commissioned officers”
after “Coast Guard Retired Pay account”; and
\(iii\) in paragraph \(3\), by striking “Department of Defense
and Coast Guard”;
\(C\) in subsection \(c\)—
\(i\) in paragraph \(1\)—
\(I\) in the matter preceding subparagraph \(A\), by striking
“Secretary of the department in which the Coast Guard is
operating” and inserting “Secretaries of the departments
specified in section 1463\(a\)\(4\) of this title”;
\(II\) in subparagraph \(A\), by striking “Armed Forces” and
inserting “uniformed services”; and
\(III\) in subparagraph \(B\), by striking “armed forces” and
inserting “uniformed services”; and
\(ii\) in paragraphs \(2\) and \(3\), by striking “Secretary of
the department in which the Coast Guard is operating” both
places it appears and inserting “Secretaries of the
departments specified in section 1463\(a\)\(4\) of this title”;
and
\(D\) in subsection \(e\), by striking “The Secretary of
Defense and, with regard to the Coast Guard, the Secretary of
the department in which the Coast Guard is operating shall”
and inserting “The Secretary of a department specified in
section 1463\(a\)\(4\) of this title shall, with regard to the
respective department”.
\(3\) Payments into the fund.—Section 1466 of such title is
amended—
\(A\) in subsection \(a\)—
\(i\) in the matter preceding paragraph \(1\)—
\(I\) by striking “Secretary of Defense and the Secretary of
the department in which the Coast Guard is operating, with
respect to the Coast Guard” and inserting “Secretaries of
the departments specified in section 1463\(a\)\(4\) of this
title”; and
\(II\) by striking “the Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating” and inserting “such Secretaries”;
\(ii\) in paragraph \(1\)\(B\), by inserting “, the commissioned
corps of the National Oceanic and Atmospheric Administration,
or the Commissioned Corps of the Public Health Service”
after “Coast Guard”; and
\(iii\) in paragraph \(2\)\(B\), by striking “armed forces” and
inserting “uniformed services”;
\(B\) in subsection \(b\)—
\(i\) in paragraph \(1\), by striking “armed forces under the
jurisdiction of the Secretary of a military department” and
inserting “uniformed services”; and
\(ii\) in paragraph \(2\), by striking “Coast Guard” and
inserting “Coast Guard, commissioned corps of the National
Oceanic and Atmospheric Administration, or the Commissioned
Corps of the Public Health Service”; and
\(C\) in subsection \(c\)—
\(i\) in paragraph \(1\), by striking “Secretary of Defense”
and inserting “Secretaries of the departments specified in
section 1463\(a\)\(4\) of this title of this title”;
\(ii\) in paragraph \(2\)\(A\), by striking “the Department of
Defense and the Coast Guard” and inserting “each uniformed
service”; and
\(iii\) in paragraph \(3\), by striking “Secretary of Defense
and the Secretary of the Department in which the Coast Guard
is operating” and inserting “Secretaries of the departments
specified in section 1463\(a\)\(4\) of this title”.
\(4\) Retired serviceman's family protection plan.—
Subchapter I of chapter 73 of title 10, United States Code,
is amended—
\(A\) in section 1444\(a\), by striking “armed forces, the
National Oceanic and Atmospheric Administration, and the
Public Health Service” and inserting “uniformed services”;
\(B\) by striking “armed forces” each place it appears and
inserting “uniformed services”;
\(C\) by striking “an armed force” both places it appears
and inserting “a uniformed service”;
\(D\) by striking “armed force” each place it appears and
inserting “uniformed service”; and
\(E\) in the headings to sections 1431 and 1432 by striking
“armed forces” both places it appears and inserting
“uniformed services”.
\(5\) Survivor benefit plan.—Section 1449\(a\) of title 10,
United States Code, is amended by striking “armed force”
and inserting “uniformed service”.
\(6\) National oceanic and atmospheric administration
commissioned officer corps act of 2002.—Section 261\(a\) of
the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 \(Public Law 107-372;
33 U.S.C. 3071\) is amended—
\(A\) by redesignating paragraphs \(21\) through \(27\) as
paragraphs \(22\) through \(28\), respectively; and
\(B\) by inserting, after paragraph \(20\), the following new
paragraph \(21\):
“\(21\) Chapter 74, relating to the Department of Defense
Military Retirement Fund.”.
\(7\) Public health service act.—Section 221\(a\) of the
Public Health Service Act \(42 U.S.C. 213a\(a\)\) is amended—
\(A\) by redesignating paragraphs \(6\) through \(21\) as
paragraphs \(7\) through \(22\), respectively; and
\(B\) by inserting, after paragraph \(5\), the following new
paragraph \(6\):
“\(6\) Chapter 74, Department of Defense Military Retirement
Fund.”.
SA 6064. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. MODIFICATION OF SPECIAL AUTHORITY FOR PROVISION
OF SPACE LAUNCH SUPPORT SERVICES TO INCREASE
SPACE LAUNCH CAPACITY.
Section 2276a\(b\) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
“\(C\) Marginal-cost billing.—
“\(i\) In general.—In a covered circumstance, the Secretary
of a military department shall apply marginal-cost billing as
the exclusive method of cost recovery in lieu of the
application of subparagraphs \(A\) and \(B\), and shall direct
each installation to define and document the marginal costs
attributable to the particular operation concerned.
“\(ii\) Limitation.—Marginal costs recoverable under this
subparagraph—
“\(I\) shall be limited to the incremental costs actually
incurred in providing coordination and integration services,
including airspace coordination, safety integration, and
deconfliction services; and
“\(II\) shall exclude any allocation of fixed overhead,
capital investment, or costs that would be incurred absent
the operations of the commercial entity concerned.
“\(iii\) Definitions.—In this subparagraph:
“\(I\) Adjacent.—The term \`adjacent', with respect to an
operation of a commercial entity relative to a military
installation—
“\(aa\) means that—
“\(AA\) the launch or reentry operations of the commercial
entity are conducted at a facility that is not located on the
military installation but for which the military installation
provides the airspace coordination, safety integration, or
spectrum deconfliction services necessary for the safe
conduct of such operation; and
“\(BB\) the dependency of such operation on the military
installation is limited to such services; and
“\(bb\) does not mean proximity alone.
“\(II\) Covered circumstance.—The term \`covered
circumstance' means a circumstance in which—
“\(aa\) a commercial entity conducts an operation adjacent
to a military installation;
“\(bb\) the demand on the military installation as a result
of such operation is limited to coordination and integration
services, including—
“\(AA\) airspace coordination;
“\(BB\) safety integration; and
“\(CC\) deconfliction; and
“\(cc\) such operation does not—
“\(AA\) displace or delay any military operation; or
“\(BB\) reasonably require material increases in
infrastructure, personnel, or capital investment at the
military installation.”.
SA 6065. Mr. LUJAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. FUNDING FOR PROCESSING RECA CLAIMS.
Notwithstanding any other provision of law, out of amounts
made available by the Attorney General to the Religious
Liberty Commission established by Executive Order 14291 \(90
Fed. Reg. 19417\), $11,000,000 shall be reallocated to the
Civil Division of the Department of Justice for purposes of
processing claims under the Radiation Exposure Compensation
Act \(Public Law 101-426; 42 U.S.C. 2210 note\).
SA 6066. Mr. HICKENLOOPER \(for himself, Ms. Cantwell, and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—ORBITAL SUSTAINABILITY ACT OF 2026
SEC. 1701. SHORT TITLE.
This title may be cited as the “Orbital Sustainability Act
of 2026” or the “ORBITS Act of 2026”.
SEC. 1702. FINDINGS; SENSE OF CONGRESS.
\(a\) Findings.—Congress makes the following findings:
\(1\) The safety and sustainability of operations in low-
Earth orbit and nearby orbits in outer space have become
increasingly endangered by a growing amount of orbital
debris.
\(2\) Exploration and scientific research missions and
commercial space services of critical importance to the
United States rely on continued and secure access to outer
space.
\(3\) Efforts by nongovernmental space entities to apply
lessons learned through standards and best practices will
benefit from government support for implementation both
domestically and internationally.
\(b\) Sense of Congress.—It is the sense of Congress that to
preserve the sustainability of operations in space, the
United States Government should—
\(1\) to the extent practicable, develop and carry out
programs, establish or update regulations, and commence
initiatives to minimize orbital debris, including initiatives
to demonstrate active debris remediation of orbital debris
generated by the United States Government or other entities
under the jurisdiction of the United States;
\(2\) lead international efforts to encourage other
spacefaring countries to mitigate and remediate orbital
debris under their jurisdiction and control; and
\(3\) encourage space system operators to continue
implementing best practices for space safety when deploying
satellites and constellations of satellites, such as
transparent data sharing and designing for system
reliability, so as to limit the generation of future orbital
debris.
SEC. 1703. DEFINITIONS.
In this title:
\(1\) Active debris remediation.—The term “active debris
remediation”—
\(A\) means the deliberate process of facilitating the de-
orbit, repurposing, or other disposal of orbital debris,
which may include moving orbital debris to a safe position,
using an object or technique that is external or internal to
the orbital debris; and
\(B\) does not include de-orbit, repurposing, or other
disposal of orbital debris by passive means.
\(2\) Administrator.—The term “Administrator” means the
Administrator of the National Aeronautics and Space
Administration.
\(3\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Appropriations, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
\(B\) the Committee on Appropriations, the Committee on
Science, Space, and Technology, the Committee on Foreign
Affairs, and the Committee on Armed Services of the House of
Representatives.
\(4\) Demonstration project.—The term “demonstration
project” means the active orbital debris remediation
demonstration project carried out under section 1704\(b\).
\(5\) Eligible entity.—The term “eligible entity” means—
\(A\) a United States-based—
\(i\) non-Federal, commercial entity;
\(ii\) institution of higher education \(as defined in section
101\(a\) of the Higher Education Act of 1965 \(20 U.S.C.
1001\(a\)\)\); or
\(iii\) nonprofit organization;
\(B\) any other United States-based entity the Administrator
considers appropriate; and
\(C\) a partnership of entities described in subparagraphs
\(A\) and \(B\).
\(6\) Orbital debris.—The term “orbital debris” means any
human-made space object orbiting Earth that—
\(A\) no longer serves an intended purpose; and
\(B\)\(i\) has reached the end of its mission; or
\(ii\) is incapable of safe maneuver or operation.
\(7\) Project.—The term “project” means a specific
investment with defined requirements, a life-cycle cost, a
period of duration with a beginning and an end, and a
management structure that may interface with other projects,
agencies, and international partners to yield new or revised
technologies addressing strategic goals.
\(8\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
\(9\) Space traffic coordination.—The term “space traffic
coordination” means the planning, coordination, and on-orbit
synchronization of activities to enhance the safety and
sustainability of operations in the space environment.
SEC. 1704. ACTIVE DEBRIS REMEDIATION.
\(a\) Prioritization of Orbital Debris.—
\(1\) List.—Not later than 90 days after the date of the
enactment of this Act, the Secretary, in consultation with
the Administrator, the Secretary of Defense, the Secretary of
State, the National Space Council, and representatives of the
commercial space industry, academia, and nonprofit
organizations, shall publish a list of select identified
orbital debris that may be remediated to improve the safety
and sustainability of orbiting satellites and on-orbit
activities.
\(2\) Contents.—The list required under paragraph \(1\)—
\(A\) shall be developed using appropriate sources of data
and information derived from governmental and nongovernmental
sources, including space situational awareness data obtained
by the Office of Space Commerce, to the extent practicable;
\(B\) shall include, to the extent practicable—
\(i\) a description of the approximate age, location in
orbit, size, mass, tumbling state, post-mission passivation
actions taken, and national jurisdiction of each orbital
debris identified; and
\(ii\) data required to inform decisions regarding potential
risk and feasibility of safe remediation;
\(C\) may include orbital debris that poses a significant
risk to terrestrial people and assets, including risk
resulting from potential environmental impacts from the
uncontrolled reentry of the orbital debris identified; and
\(D\) may include collections of small debris that, as of the
date of the enactment of this Act, are untracked.
\(3\) Public availability; periodic updates.—
\(A\) In general.—Subject to subparagraph \(B\), the list
required under paragraph \(1\) shall be published in
unclassified form on a publicly accessible internet website
of the Department of Commerce.
\(B\) Exclusion.—The Secretary may not include on the list
published under subparagraph \(A\) data acquired from nonpublic
sources.
\(C\) Periodic updates.—Such list shall be updated
periodically.
\(4\) Acquisition, access, use, and handling of data or
information.—In carrying out the activities under this
subsection, the Secretary—
\(A\) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy, including laws and policies providing for
the protection of privacy and civil liberties, and subject to
any restrictions required by the source of the information;
\(B\) shall have access, upon written request, to all
information, data, or reports of any executive agency that
the Secretary determines necessary to carry out the
activities under this subsection, provided that such access
is—
\(i\) conducted in a manner consistent with applicable
provisions of law and policy of the originating agency,
including laws and policies providing for the protection of
privacy and civil liberties; and
\(ii\) consistent with due regard for the protection from
unauthorized disclosure of classified information relating to
sensitive intelligence sources and methods or other
exceptionally sensitive matters; and
\(C\) may obtain commercially available information that may
not be publicly available.
\(b\) Active Orbital Debris Remediation Demonstration
Project.—
\(1\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, subject to the availability of
appropriations, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
establish a demonstration project to make competitive awards
for the research, development, and demonstration of
technologies leading to the remediation of selected orbital
debris identified under subsection \(a\)\(1\).
\(2\) Purpose.—The purpose of the demonstration project
shall be to enable eligible
entities to pursue the phased development and demonstration
of technologies and processes required for active debris
remediation.
\(3\) Procedures and criteria.—In establishing the
demonstration project, the Administrator shall—
\(A\) establish—
\(i\) eligibility criteria for participation;
\(ii\) a process for soliciting proposals from eligible
entities;
\(iii\) criteria for the contents of such proposals;
\(iv\) project compliance and evaluation metrics; and
\(v\) project phases and milestones;
\(B\) identify government-furnished data or equipment;
\(C\) develop a plan for National Aeronautics and Space
Administration participation, as appropriate, in technology
development and intellectual property rights that—
\(i\) leverages National Aeronautics and Space Administration
Centers that have demonstrated expertise and historical
knowledge in measuring, modeling, characterizing, and
describing the current and future orbital debris environment;
and
\(ii\) develops the technical consensus for adopting
mitigation measures for such participation; and
\(D\)\(i\) assign a project manager to oversee the
demonstration project and carry out project activities under
this subsection; and
\(ii\) in assigning such project manager, leverage National
Aeronautics and Space Administration Centers and the
personnel of National Aeronautics and Space Administration
Centers, as practicable.
\(4\) Research and development phase.—With respect to
orbital debris identified under paragraph \(1\) of subsection
\(a\), the Administrator shall, to the extent practicable and
subject to the availability of appropriations, carry out the
additional research and development activities necessary to
mature technologies, in partnership with eligible entities,
with the intent to close commercial capability gaps and
enable potential future remediation missions for such orbital
debris, with a preference for technologies that are capable
of remediating orbital debris that have a broad range of
characteristics described in paragraph \(2\)\(B\)\(i\) of that
subsection.
\(5\) Demonstration mission phase.—
\(A\) In general.—The Administrator shall evaluate proposals
for a demonstration mission, and select and enter into a
partnership with an eligible entity, subject to the
availability of appropriations, with the intent to
demonstrate technologies determined by the Administrator to
meet a level of technology readiness sufficient to carry out
on-orbit remediation of select orbital debris.
\(B\) Evaluation.—In evaluating proposals for the
demonstration project, the Administrator shall—
\(i\) consider the safety, feasibility, cost, benefit, and
maturity of the proposed technology;
\(ii\) consider the potential for the proposed demonstration
to successfully remediate orbital debris and to advance the
commercial state of the art with respect to active debris
remediation;
\(iii\) carry out a risk analysis of the proposed technology
that takes into consideration the potential casualty risk to
humans in space or on the Earth's surface;
\(iv\) in an appropriate setting, conduct thorough testing
and evaluation of the proposed technology and each component
of such technology or system of technologies; and
\(v\) consider the technical and financial feasibility of
using the proposed technology to conduct multiple remediation
missions.
\(C\) Consultation.—The Administrator shall consult with the
head of each relevant Federal department or agency before
carrying out any demonstration mission under this paragraph.
\(D\) Active debris remediation demonstration mission.—It is
the sense of Congress that the Administrator should consider
maximizing competition for, and use best practices to engage
commercial entities in, an active debris remediation
demonstration mission.
\(6\) Briefing and reports.—
\(A\) Initial briefing.—Not later than 30 days after the
establishment of the demonstration project under paragraph
\(1\), the Administrator shall provide to the appropriate
committees of Congress a briefing on the details of the
demonstration project.
\(B\) Annual report.—Not later than 1 year after the initial
briefing under subparagraph \(A\), and annually thereafter
until the conclusion of the 1 or more demonstration missions,
the Administrator shall submit to the appropriate committees
of Congress a status report on—
\(i\) the technology developed under the demonstration
project;
\(ii\) progress toward the accomplishment of the 1 or more
demonstration missions; and
\(iii\) any duplicative efforts carried out or supported by
the National Aeronautics and Space Administration or the
Department of Defense.
\(C\) Recommendations.—Not later than 1 year after the date
on which the first demonstration mission is carried out under
this subsection, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
submit to Congress a report that provides legislative,
regulatory, and policy recommendations to improve active
debris remediation missions, as applicable.
\(D\) Technical analysis.—
\(i\) In general.—To inform decisions regarding the
acquisition of active debris remediation services by the
Federal Government, not later than 1 year after the date on
which an award is made under paragraph \(1\), the Administrator
shall submit to Congress a report that—
\(I\) summarizes the cost-effectiveness, and provides a
technical analysis of, technologies developed under the
demonstration project;
\(II\) identifies any technology gaps addressed by the
demonstration project and any remaining technology gaps; and
\(III\) provides, as applicable, any further legislative,
regulatory, and policy recommendations to enable active
debris remediation missions.
\(ii\) Availability.—The Administration shall make the
report submitted under clause \(i\) available to the Secretary,
the Secretary of Defense, and other relevant Federal
departments and agencies, as determined by the Administrator.
\(7\) Sense of congress on international cooperation.—It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in
coordination with the Secretary of State and in consultation
with the National Space Council, cooperate with one or more
partner countries to enable the remediation of orbital debris
that is under their respective jurisdictions.
\(c\) Authorization of Appropriations.—There is authorized
to be appropriated to the Administrator to carry out this
section $150,000,000 for the period of fiscal years 2026
through 2030.
\(d\) Rescission of Unobligated Funds.—Unobligated balances
of amounts appropriated or otherwise made available by
subsection \(c\) as of September 30, 2030, shall be rescinded
not later than December 31, 2030.
\(e\) Rule of Construction.—Nothing in this section may be
construed to grant the Administrator the authority to issue
any regulation relating to activities under subsection \(b\) or
related space activities under title 51, United States Code.
SEC. 1705. ACTIVE DEBRIS REMEDIATION SERVICES.
\(a\) In General.—To foster the competitive development,
operation, improvement, and commercial availability of active
debris remediation services, and in consideration of the
economic analysis required by subsection \(b\) and the briefing
and reports under section 1704\(b\)\(6\), the Administrator and
the head of each relevant Federal department or agency may
acquire services for the remediation of orbital debris,
whenever practicable, through fair and open competition for
contracts that are well-defined, milestone-based, and in
accordance with the Federal Acquisition Regulation.
\(b\) Economic Analysis.—Based on the results of the
demonstration project, the Secretary, acting through the
Office of Space Commerce, shall publish an assessment of the
estimated Federal Government and private sector demand for
orbital debris remediation services for the 10-year period
beginning in 2026.
SEC. 1706. UNIFORM ORBITAL DEBRIS STANDARD PRACTICES FOR
UNITED STATES SPACE ACTIVITIES.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the National Space Council, in
coordination with the Secretary, the Administrator of the
Federal Aviation Administration, the Secretary of Defense,
the Secretary of State, the Federal Communications
Commission, and the Administrator, shall initiate an update
to the Orbital Debris Mitigation Standard Practices that—
\(1\) considers planned space systems, including satellite
constellations; and
\(2\) addresses—
\(A\) collision risk;
\(B\) explosion risk;
\(C\) casualty probability;
\(D\) post-mission disposal of space systems;
\(E\) time to disposal or de-orbit;
\(F\) spacecraft collision avoidance and automated
identification capability; and
\(G\) the ability to track orbital debris of decreasing size.
\(b\) Consultation.—In developing the update under
subsection \(a\), the National Space Council, or a designee of
the National Space Council, shall seek advice and input on
commercial standards and best practices from representatives
of the commercial space industry, academia, and nonprofit
organizations, including through workshops and, as
appropriate, advance public notice and comment processes
under chapter 5 of title 5, United States Code.
\(c\) Publication.—Not later than 1 year after the date of
the enactment of this Act, such update shall be published in
the Federal Register and posted to the relevant Federal
Government internet websites.
\(d\) Regulations.—To promote uniformity and avoid
duplication in the regulation of space activity, including
licensing by the Federal Aviation Administration, the
National Oceanic and Atmospheric Administration, and the
Federal Communications Commission, such update, after
publication, shall be used to inform the further development
and promulgation of Federal regulations relating to orbital
debris.
\(e\) International Promotion.—To encourage effective and
nondiscriminatory standards, best practices, rules, and
regulations implemented by other countries, such update shall
inform bilateral and multilateral discussions focused on the
authorization and continuing supervision of nongovernmental
space activities.
\(f\) Periodic Review.—Not less frequently than every 5
years, the Orbital Debris Mitigation Standard Practices
referred to in subsection \(a\) shall be assessed and, if
necessary, updated, used, and promulgated in a manner
consistent with this section.
SEC. 1707. STANDARD PRACTICES FOR SPACE TRAFFIC COORDINATION.
\(a\) In General.—The Secretary, in coordination with the
Secretary of Defense and members of the National Space
Council and the Federal Communications Commission, shall
facilitate the development of standard practices for on-orbit
space traffic coordination based on existing guidelines and
best practices used by Government and commercial space
industry operators.
\(b\) Consultation.—In facilitating the development of
standard practices under subsection \(a\), the Secretary,
through the Office of Space Commerce, in consultation with
the National Institute of Standards and Technology, shall
engage in frequent and routine consultation with
representatives of the commercial space industry, academia,
and nonprofit organizations.
\(c\) Promotion of Standard Practices.—On completion of such
standard practices, the Secretary, the Secretary of State,
the Secretary of Transportation, the Administrator, and the
Secretary of Defense shall promote the adoption and use of
the standard practices for domestic and international space
missions.
SA 6067. Mr. PETERS \(for himself, Mr. Lankford, Mr. Kaine, Mr. Cotton, Mr. King, and Ms. Slotkin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. MAPPING AMERICA'S PHARMACEUTICAL SUPPLY.
\(a\) Short Title.—This section may be cited as the
“Mapping America's Pharmaceutical Supply Act” or the “MAPS
Act”.
\(b\) U.S. Pharmaceutical Supply Chains Mapping.—
\(1\) Pharmaceutical supply chain mapping.—The Secretary, in
coordination with the heads of other relevant Federal
departments and agencies, shall ensure coordination of
efforts of the Department of Health and Human Services,
including through public-private partnerships, as
appropriate, to—
\(A\) map, or otherwise visualize, the supply chains, from
manufacturing of key starting materials through manufacturing
of finished dosage forms and distribution, of drugs and
biological products, including the active ingredients of
those drugs and biological products, that are—
\(i\) directly related to responding to chemical, biological,
radiological, or nuclear threats and incidents covered by the
National Response Framework; or
\(ii\) of greatest priority for providing health care and
identified as being at high risk of shortage; and
\(B\) use data analytics to identify supply chain
vulnerabilities that pose a threat to national security, as
determined by the Secretary or the heads of other relevant
Federal departments and agencies.
\(2\) Requirements.—In carrying out paragraph \(1\), the
Secretary shall—
\(A\) describe the roles and responsibilities of agencies and
offices within the Department of Health and Human Services
related to monitoring such supply chains and assessing any
related vulnerabilities;
\(B\) facilitate the exchange of information between Federal
departments, agencies, and offices, as appropriate and
necessary to enable such agencies and offices to carry out
roles and responsibilities described in subparagraph \(A\)
related to drugs and biological products described in
paragraph \(1\)\(A\), which may include—
\(i\) the location of establishments registered under
subsection \(b\), \(c\), or \(i\) of section 510 of the Federal
Food, Drug, and Cosmetic Act \(21 U.S.C. 360\) involved in the
production of drugs and biological products, including the
active ingredients of those drugs and biological products,
described in paragraph \(1\)\(A\), and to the extent available,
the amount of each such drug and biological product,
including the active ingredients of those drugs and
biological products, produced at each such establishment;
\(ii\) to the extent available and as appropriate, the
location of establishments so registered involved in the
production of the key starting materials and excipients
needed to produce each drug and biological product, including
the active ingredients of those drugs and biological
products, and the amount of such materials and excipients
produced at each such establishment; and
\(iii\) any applicable regulatory actions with respect to
each such drug and biological product, or the establishments
manufacturing such drugs and biological products, including
with respect to—
\(I\) inspections and related regulatory activities conducted
under section 704 of the Federal Food, Drug, and Cosmetic Act
\(21 U.S.C. 374\);
\(II\) seizures pursuant to section 304 of such Act \(21
U.S.C. 334\);
\(III\) any recalls issued;
\(IV\) drugs or biological products that are, at the time of
the determination, or that were at a previous time, included
on the drug shortage list consistent with section 506E of
such Act \(21 U.S.C. 356e\); and
\(V\) discontinuances or interruptions in the production of
such drugs or biological products under 506C of such Act \(21
U.S.C. 355d\).
\(3\) Report.—Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the
Secretary, in consultation with the heads of departments and
agencies with which the Secretary coordinates under paragraph
\(1\), shall submit a report to the relevant committees of
Congress on—
\(A\) the current status of efforts to map and analyze
pharmaceutical supply chains, as described in paragraph \(1\);
\(B\) activities of the Secretary carried out under this
subsection to coordinate efforts as described in paragraph
\(1\), including information sharing between relevant Federal
departments, agencies, and offices;
\(C\) the roles and responsibilities described in paragraph
\(2\)\(A\), including the identification of any gaps, data
limitations, or areas of unnecessary duplication between such
roles and responsibilities;
\(D\) the extent to which Federal agencies use data analytics
to conduct predictive modeling of anticipated drug shortages
or risks associated with supply chain vulnerabilities that
pose a threat to national security;
\(E\) the extent to which the Secretary has engaged relevant
industry in such mapping;
\(F\) the drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph \(1\)\(A\) that rely on, for more than 50 percent of
production, a high-risk foreign supplier or foreign entity of
concern \(as defined in section 9901\(8\) of the William M.
\(Mac\) Thornberry National Defense Authorization Act for
Fiscal Year 2021 \(15 U.S.C. 4651\(8\)\)\);
\(G\) the drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph \(1\)\(A\) that are sourced from foreign
establishments for more than 50 percent of production,
including drugs manufactured domestically from active
pharmaceutical ingredients sourced from foreign
establishments for more than 50 percent of production;
\(H\) the current domestic manufacturing capabilities for
drugs and biological products, including the active
ingredients of those drugs and biological products, described
in paragraph \(1\)\(A\), including the key starting materials and
excipients of such drugs, biological products, and
ingredients, and whether such capabilities utilize advanced
manufacturing technologies; and
\(I\) any public health or national security risks, including
cybersecurity threats and critical infrastructure
designations, with respect to the supply chains of drugs and
biological products, including the active ingredients of
those drugs and biological products, described in paragraph
\(1\)\(A\).
\(c\) Department of Defense Biannual Reports.—Not later than
180 days after the date of enactment of this Act, and every
180 days thereafter, the Secretary of Defense shall submit to
the relevant committees of Congress a report that lists all
drugs purchased by the Department of Defense during the 180-
day period preceding the date of the report—
\(1\) that contain key starting materials, excipients, or
active pharmaceutical ingredients sourced from the People's
Republic of China; or
\(2\) for which the finished drug product was manufactured in
the People's Republic of China.
\(d\) Definitions.—In this section:
\(1\) Advanced manufacturing.—The term “advanced
manufacturing” has the meaning given the term “advanced and
continuous pharmaceutical manufacturing” in section 3016\(h\)
of the 21st Century Cures Act \(21 U.S.C. 399h\(h\)\).
\(2\) Biological product.—The term “biological product”
has the meaning given such term in section 351\(i\) of the
Public Health Service Act \(42 U.S.C. 262\(i\)\).
\(3\) Cybersecurity threat.—The term “cybersecurity
threat” has the meaning given such term in section 2200 of
the Homeland Security Act of 2002 \(6 U.S.C. 650\).
\(4\) Drug.—The term “drug” has the meaning given such
term in section 201\(g\) of the Federal Food, Drug, and
Cosmetic Act \(21 U.S.C. 321\(g\)\).
\(5\) Relevant committees of congress.—The term “relevant
committees of Congress” means—
\(A\) the Committee on Armed Services and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
\(B\) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.
\(6\) Secretary.—The term “Secretary”, except as otherwise
specified, means the Secretary of Health and Human Services.
\(e\) Additional Provisions.—
\(1\) Confidential commercial information.—The exchange of
information among the Secretary and the heads of other
relevant Federal departments and agencies for purposes of
carrying out subsection \(b\) shall not be a violation of
section 1905 of title 18, United States Code. This section
shall not be construed to affect the status, if any, of such
information as trade secret or confidential commercial
information for purposes of section 301\(j\) of the Federal
Food, Drug, and
Cosmetic Act \(21 U.S.C. 331\(j\)\), section 552 of title 5,
United States Code, or section 1905 of title 18, United
States Code.
\(2\) Cybersecurity measures.—The Secretary shall ensure
that robust cybersecurity measures are in place to prevent
inappropriate access to, or unauthorized disclosure of, the
information identified, exchanged, or disclosed under
subsection \(b\).
SA 6068. Mr. KING submitted an amendment intended to be proposed to amendment SA 5890 submitted by Mr. Thune \(for Mr. Curtis \(for himself, Mr. Hickenlooper, Mr. Sheehy, and Mr. Padilla\)\) and intended to be proposed to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the amendment, add the following:
SEC. 5506. FOREST INVENTORY AND ANALYSIS MODERNIZATION.
\(a\) In General.—Section 3\(e\) of the Forest and Rangeland
Renewable Resources Research Act of 1978 \(16 U.S.C. 1642\(e\)\)
is amended—
\(1\) in paragraph \(1\)—
\(A\) by striking “their resources” and inserting “the
resources of those forests, including forest carbon,”;
\(B\) by striking “In compliance” and inserting the
following:
“\(A\) In general.—In compliance”; and
\(C\) by adding at the end the following:
“\(B\) Additional methods.—Under the program under this
subsection, the Secretary shall carry out, as a data
collection method—
“\(i\) a timber products output study; and
“\(ii\) a national woodland owner survey.”;
\(2\) in paragraph \(3\)\(C\), by inserting “including with
respect to available forest carbon data,” after “2
decades,”;
\(3\) in paragraph \(4\)—
\(A\) in the second sentence, by striking “The standards”
and inserting the following:
“\(B\) Inclusions.—The standards described in subparagraph
\(A\)”;
\(B\) by striking “\(4\) National standards and definitions.—
To ensure” and inserting the following:
“\(4\) National consistency.—
“\(A\) Standards and definitions.—To ensure”; and
\(C\) by adding at the end the following:
“\(C\) Terminology.—The Secretary shall include a clear
description of the definition of \`forest' used for purposes
of reporting data from inventories and analyses of forests
and the resources of forests under this subsection with—
“\(i\) any data or report provided under the program under
this subsection;
“\(ii\) Renewable Resource Assessments prepared under
section 3\(a\) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 \(16 U.S.C. 1601\(a\)\); and
“\(iii\) any data or report provided to an entity outside
the United States.”; and
\(4\) by adding at the end the following:
“\(7\) Accessibility.—The Secretary shall ensure that data
collected under this subsection is—
“\(A\) presented in a manner that is easily accessible to
the general public and technical experts, including through
tools to deliver smaller area estimates; and
“\(B\) collected and made accessible using means that ensure
the confidentiality, in accordance with section 1770 of the
Food Security Act of 1985 \(7 U.S.C. 2276\), of—
“\(i\) plot locations;
“\(ii\) nonaggregated data of woodland owners; and
“\(iii\) nonaggregated data from the timber products output
survey carried out under paragraph \(1\)\(B\)\(i\).
“\(8\) Confidentiality of information.—All data collected
through the national timber products output survey and the
national woodland owners survey under paragraph \(1\)\(B\) shall
be considered confidential in accordance with section 1770 of
the Food Security Act of 1985 \(7 U.S.C. 2276\).
“\(9\) Annual compilations.—Annually, the Secretary shall
prepare and make publicly available a compilation of national
forest inventory and analysis forest statistics, which shall
be similar to the tables contained in the Renewable Resource
Assessments prepared under section 3\(a\) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 \(16 U.S.C.
1601\(a\)\) and accompanied by relevant geospatial products.
“\(10\) Reports.—Each year, the Secretary shall publish as
part of the forest inventory and analysis business report a
detailed description of the progress of the Secretary in
implementing the programmatic elements of the strategic plan
described in paragraph \(6\), including—
“\(A\) the costs and priorities of the strategic plan; and
“\(B\) how the program under this subsection leverages new
technology, improves and standardizes collection protocols,
and increases workforce capacity.”.
\(b\) Forest Inventory and Analysis Program Blue Ribbon
Panel.—Section 3 of the Forest and Rangeland Renewable
Resources Research Act of 1978 \(16 U.S.C. 1642\) is amended by
adding at the end the following:
“\(f\) Forest Inventory and Analysis Program Blue Ribbon
Panel.—
“\(1\) In general.—Not later than 90 days after the date of
enactment of this subsection, the Secretary, in consultation
with the National Association of State Foresters, shall
convene a blue ribbon panel \(referred to in this subsection
as the \`Panel'\) to review the forest inventory and analysis
program established under this section \(referred to in this
subsection as the \`program'\).
“\(2\) Composition.—
“\(A\) Number.—The Panel shall be composed of not fewer
than 10, and not more than 20, members.
“\(B\) Members.—Members of the Panel shall—
“\(i\) include recognized national leaders from across State
and Federal agencies, universities, industry, and
nongovernmental organizations; and
“\(ii\) have knowledge of and expertise in forest
biometrics, inventory, and remote sensing technology.
“\(3\) Duties.—
“\(A\) Review.—The Panel shall conduct a review of the past
progress, current priorities, and future needs of the program
with respect to national monitoring of forest carbon, climate
change, forest health, and sustainable wood products.
“\(B\) Considerations.—The review under subparagraph \(A\)
shall include consideration of—
“\(i\) the modernization of the program—
“\(I\) broadly; and
“\(II\) specifically relating to the integration of advanced
remote sensing technologies and methods such as small area
estimation, remote sensing, spatial analysis techniques, and
other new technologies;
“\(ii\) the possibility of more public-private-academic
partnerships under the program to help meet the goals of the
program and external needs, particularly relating to research
priorities, operational implementation of current or ongoing
science, and decision support;
“\(iii\) a plan to implement nationally consistent data
collection protocols and procedures to improve the
statistical precision of base program estimates;
“\(iv\) pathways to integrate and report on changes in
forest carbon, including below-ground carbon;
“\(v\) a plan to improve transparency and clarity in
reporting in accordance with subsection \(e\)\(4\)\(C\);
“\(vi\) a plan to expand current data collection, further
integrate remote sensing technology, or both, to include
procedures to improve the statistical precision of estimates
at the sub-State level; and
“\(vii\) a plan to expand current data collection, further
integrate remote sensing technology, or both, to include
information on renewable biomass supplies and carbon stocks
at the local, State, regional, and national levels, including
by ownership type.
“\(C\) Report.—Not later than March 31, 2027, the Panel
shall submit to the Secretary, the Secretary of the Interior,
and Congress a report describing the review conducted under
subparagraph \(A\).
“\(4\) Administrative matters.—
“\(A\) Chairperson and vice chairperson.—The Panel shall
select a Chairperson and Vice Chairperson from among the
nongovernmental members of the Panel.
“\(B\) Committees.—The Panel may establish 1 or more
committees within the Panel as the Panel determines to be
appropriate.
“\(C\) Compensation.—A member of the Panel shall serve
without compensation.
“\(D\) Administrative support.—The Secretary shall provide
such administrative support as is necessary for the Panel to
carry out its duties.
“\(E\) Federal advisory committee act.—The Panel shall be
exempt from chapter 10 of title 5, United States Code
\(commonly referred to as the \`Federal Advisory Committee
Act'\).”.
SA 6069. Mr. HAGERTY \(for himself and Mr. Kim\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—BLOCKING LARGE-SCALE ADVERSARIAL DISTILLATION EFFORTS ACT
OF 2026
SEC. 1701. SHORT TITLE.
This title may be cited as “Blocking Large-scale
Adversarial Distillation Efforts Act of 2026” or “BLADE
Act”.
SEC. 1702. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) artificial intelligence models owned by United States
private sector entities are essential for advancing economic
and national security interests of the United States;
\(2\) many of the most advanced artificial intelligence
models owned by United States entities are “closed-source
models” whose unique technical characteristics are not
openly shared or published;
\(3\) the unauthorized acquisition of model capabilities,
such as model weights, model architectures, and other
technical characteristics of closed-source artificial
intelligence models, by persons of concern through model
extraction attacks represents a threat to the national
security and foreign policy interests of the United States,
as well as the intellectual property rights and economic
competitiveness of United States entities;
\(4\) the United States Government, in cooperation with
private owners of closed-source artificial intelligence
models, should take steps to identify, punish, and deter
model extraction attacks on the protected capabilities of
closed-source artificial intelligence models by persons of
concern;
\(5\) model extraction attacks against United States closed-
source artificial intelligence models allow foreign
adversaries a short cut to acquiring advanced artificial
intelligence capabilities; and
\(6\) authorized model training practices that adhere to the
terms of service or are otherwise consistent with contractual
terms set by the owners of closed-source artificial
intelligence models are a legitimate research method that
play an important role in artificial intelligence research
and are fundamentally distinct from model extraction attacks
addressed by this title.
SEC. 1703. DEFINITIONS.
In this title:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Affairs of the House of
Representatives; and
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
\(2\) Closed-source artificial intelligence model.—The term
“closed-source artificial intelligence model” means any
artificial intelligence model with the following
characteristics:
\(A\) Proprietary key technical information, such as
underlying model weights, that are necessary to reproduce and
independently recreate the model and that are not willingly
shared with third parties or otherwise made publicly
available by the owner of the model.
\(B\) Access and use governed by terms of service or
contractual agreements that are established by the owner of
the model.
\(C\) Access that is provided via an application program
interface or another consumer-facing, owner-controlled
interface without enabling third parties to obtain, modify,
or host the closed-source artificial intelligence model on
their own data servers or other technology unless
specifically authorized by the owner of the model.
\(3\) Country of concern.—The term “country of concern”
means—
\(A\) the People's Republic of China, including the Hong Kong
and Macau Special Administrative Regions;
\(B\) the Russian Federation; and
\(C\) any other foreign country—
\(i\) listed in Country Group D:5 in Supplement No. 1 to part
740 of title 15, Code of Federal Regulations, as published on
January 1, 2026, that is designated by the Secretary of
Commerce as a country of concern for purposes of this section
and for which notice of such designation has been published
in the Federal Register; and
\(ii\) identified by the Secretary of Commerce pursuant to an
assessment required by subsection \(a\) or \(e\) of section 1704.
\(4\) Person of concern.—The term “person of concern”
means any foreign person that—
\(A\) is located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern;
\(B\) is operating under the direction or control of any
entity located or headquartered in, or the ultimate parent
company of which is headquartered in, a country of concern;
or
\(C\) is conducting or attempting to conduct a model
extraction attack against closed-source artificial
intelligence models owned by United States persons and
outside of authorized model training practices.
\(5\) Foreign person.—The term “foreign person” means a
person that is not a United States person.
\(6\) Fraudulent account network provider.—
\(A\) In general.—The term “fraudulent account network
provider” means any foreign person that knowingly and
intentionally creates, obtains, maintains, sells, brokers, or
otherwise provides access to an account that allows a person
of concern to access a closed-source artificial intelligence
model that the entity would otherwise be prohibited from
accessing as a result of location restrictions in the terms
of service or a contractual agreement created by the owner of
the model.
\(B\) Exception.—For purposes of subparagraph \(A\), an entity
that creates or transmits location information to enable
persons within countries of concern to access the internet
for purposes of freedom of expression is not, on the basis of
that activity alone, a fraudulent account network provider.
\(7\) Model extraction attack.—
\(A\) In general.—The term “model extraction attack” means
the unauthorized extracting of the capabilities of a closed-
source artificial intelligence model to replicate, develop,
train, or improve another artificial intelligence model, if
such extraction—
\(i\) circumvents technical, contractual, or other access
controls, identity verification requirements, or geographic
access restrictions implemented by the owner of the model;
\(ii\) is conducted through fraudulent, misrepresented, or
unauthorized credentials; or
\(iii\) violates the terms, conditions, or restrictions
governing access to or use of the model, as established by
the owner, that specifically prohibit the use of model
outputs or interactions to replicate, develop, train, or
improve another artificial intelligence model.
\(B\) Inference of purpose.—For purposes of subparagraph
\(A\), the purpose of extraction may be inferred from the
totality of circumstances, including—
\(i\) the volume, structure, pattern, coordination, or timing
of the extraction activity;
\(ii\) the concentration of extractions on specific model
capabilities;
\(iii\) the use of multiple accounts in a coordinated manner;
or
\(iv\) the correlation of extraction activity within the
development timeline of another artificial intelligence
model.
\(C\) Exclusion.—For purposes of subparagraph \(A\), model
training activities conducted in compliance with the terms,
conditions, and restrictions governing access to and use of a
closed-source artificial intelligence model, or otherwise
conducted within a permitted exception or the express
authorization of the owner of the model, are not model
extraction attacks.
\(8\) Operating committee for export policy.—The term
“Operating Committee for Export Policy” means the Operating
Committee for Export Policy referred to in section 1763\(c\) of
the Export Control Reform Act of 2018 \(50 U.S.C. 4822\(c\)\).
\(9\) Owner.—The term “owner” means, with respect to a
closed-source artificial intelligence model, the person
that—
\(A\) holds intellectual property rights \(including trade
secret, copyright, patent, or other proprietary rights\),
contractual rights, or a combination thereof, sufficient to
authorize or restrict third-party access to, use of,
extraction from, or reproduction of the model, or any
version, instance, or deployment the model, whether such
rights were obtained through development, acquisition,
assignment, license, or otherwise; and
\(B\) is a United States person.
\(10\) Person.—The term “person” means individual or
entity.
\(11\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person located in the United States.
SEC. 1704. ASSESSMENT OF MODEL EXTRACTION ATTACKS AND
FRAUDULENT ACCOUNT NETWORK PROVIDERS.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall complete an
assessment to determine—
\(1\) which, if any, persons of concern have conducted or are
currently conducting model extraction attacks against closed-
source artificial intelligence models owned by United States
persons; and
\(2\) which, if any, persons of concern are fraudulent
account network providers.
\(b\) Matters To Be Included.—The assessment required by
subsection \(a\) shall include the following:
\(1\) A determination of which persons of concern—
\(A\) have either previously or are currently engaging in
model extraction attacks; or
\(B\) are fraudulent account network providers.
\(2\) A determination of the countries, if any—
\(A\) from which model extraction attacks have originated;
and
\(B\) in which fraudulent account network providers exist.
\(3\) An identification of which, if any, agencies or
instrumentalities of governments of countries of concern have
provided or are providing material assistance to entities
identified pursuant to paragraph \(1\).
\(4\) An analysis of the methods employed by persons of
concern identified pursuant to paragraph \(1\), including—
\(A\) the role of fraudulent account network providers in
model extraction attacks, including, to the extent possible,
the physical location of offices and data centers of such
providers; and
\(B\) a determination, to the extent possible, of the number
of attempted model extraction attacks that occurred during
the 2 calendar years preceding the date on which the
Secretary of Commerce begins the assessment required by
subsection \(a\).
\(5\) An examination of the strengths and weaknesses of
various detection approaches that can be used to determine
whether a model extraction attack has occurred or is
occurring.
\(6\) An assessment of the economic and national security
consequences of successful model extraction attacks by
persons of concern that occurred during the 2 calendar years
preceding the date on which the Secretary of Commerce begins
the assessment required by subsection \(a\).
\(7\) Steps detailing how the United States Government is
assisting owners of closed-source artificial intelligence
models that have been the target or victim of model
extraction attacks in detecting model extraction attacks,
deterring future model extraction attacks, and punishing
persons of concern that engage in model extraction attacks or
are fraudulent account network providers.
\(8\) A diplomatic strategy to leverage allies and partners
of the United States in detecting and preventing model
extraction attacks by persons of concern.
\(c\) Public Consultation.—
\(1\) In general.—In conducting the assessment required by
subsection \(a\), the Secretary of Commerce, in coordination
with the head of each agency that is a member of the
Operating Committee for Export Policy, shall consult with
owners of closed-source artificial intelligence models that
have been the targets or victims of model extraction attacks,
academic experts, industry fora, and other appropriate
entities—
\(A\) to identify patterns of behavior and methods of
attackers to better inform efforts of the United States
Government and the private sector to detect model extraction
attacks;
\(B\) to develop best practices for defending against model
extraction attacks; and
\(C\) to develop best practices for identifying activities of
fraudulent account network providers that facilitate model
extraction attacks.
\(2\) Voluntary participation.—The participation of owners
of closed-source artificial intelligence models described in
paragraph \(1\) in consultations under that paragraph shall be
voluntary.
\(d\) Report.—
\(1\) In general.—Not later than 210 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall submit to
the appropriate congressional committees a report that
contains the findings of the assessment required by
subsection \(a\).
\(2\) Updates.—Not later than one year after submitting the
report required by paragraph \(1\), and annually thereafter for
3 years, the Secretary of Commerce shall submit to the
appropriate congressional committees an update to the report
listing any additional persons of concern identified pursuant
to subsection \(a\).
\(3\) Form.—The report required by paragraph \(1\), and each
update required by paragraph \(2\), shall be submitted in
unclassified form, but may contain a classified annex.
\(e\) Routine Assessment.—The Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall routinely
assess for—
\(1\) model extraction attacks directed against owners of
closed-source artificial intelligence models that occur after
the date of completion of the assessment required by
subsection \(a\);
\(2\) fraudulent account network providers that facilitate
model extraction attacks after that date; and
\(3\) any material changes related to other matters specified
in subsection \(b\).
\(f\) Industry Coordination.—The Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall establish an
information-sharing mechanism that allows owners of closed-
source artificial intelligence models to voluntarily,
quickly, and confidentially share information about model
extraction attacks and fraudulent account network providers
with the Department of Commerce.
\(g\) AI Model Extraction Attackers List.—
\(1\) In general.—The Secretary of Commerce, in coordination
with the head of each agency that is a member of the
Operating Committee for Export Policy, shall—
\(A\) maintain a list, to be known as the “AI Model
Extraction Attackers List”, that displays information about
specific persons of concern identified pursuant to an
assessment required by subsection \(a\) or \(e\) as having
conducted or directed model extraction attacks in the past
year; and
\(B\) publish the list on a publicly available website of the
Department of Commerce.
\(2\) Protection of confidential information.—The Secretary
of Commerce may not, in publishing the list required by
paragraph \(1\) on a publicly available website of the
Department of Commerce, disclose confidential information
provided by the owner of a closed-source artificial
intelligence model without the express permission of the
owner.
\(h\) Public Guidance.—
\(1\) In general.—Not later than 210 days after the date of
the enactment of this Act, the Secretary of Commerce, in
coordination with the head of each agency that is a member of
the Operating Committee for Export Policy, shall publish a
report comprising of best practices to detect, prevent, and
respond to model extraction attacks.
\(2\) Public access.—The report required by paragraph \(1\)
shall be publicly available.
\(3\) Protection of confidential information.—In making the
report required by paragraph \(1\) publicly available, the
Secretary may not disclose confidential information provided
by the owner of a closed-source artificial intelligence model
without the express permission of the owner.
SEC. 1705. DETERRING MODEL EXTRACTION ATTACKS AND FRAUDULENT
ACCOUNT NETWORK PROVIDERS.
\(a\) Consideration of Addition to Entity List.—
\(1\) In general.—Not later than 210 days after the date of
the enactment of this Act, the Under Secretary of Commerce
for Industry and Security, in coordination with the head of
each agency that is a member of the End-User Review
Committee, shall make a determination, by majority vote of
the Committee, with respect to whether each entity described
in paragraph \(2\) should be added to the Entity List
maintained by the Bureau of Industry and Security and set
forth in Supplement No. 4 to part 744 of title 15, Code of
Federal Regulations, or any successor regulations.
\(2\) Entities described.—An entity described in this
paragraph is—
\(A\) an entity that is a person of concern identified, under
subsection \(a\) or \(e\) of section 1704, as having conducted
model extraction attacks or having facilitated such attacks
via fraudulent account networks; or
\(B\) a subsidiary of such an entity \(to be determined by
ownership of 50 percent or more in the aggregate, directly or
indirectly\).
\(b\) Imposition of Sanctions.—
\(1\) In general.—The President, may, pursuant to the
International Emergency Economic Powers Act \(50 U.S.C. 1701
et seq.\), block and prohibit all transactions in all property
and interests in property of each person of concern
identified under subsections \(a\) and \(e\) of section 1704 if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
\(2\) Exceptions.—
\(A\) Exception relating to the provision of humanitarian
assistance.—Sanctions under paragraph \(1\) may not be imposed
with respect to transactions or the facilitation of
transactions for—
\(i\) the sale of agricultural commodities, food, medicine,
or medical devices;
\(ii\) the provision of humanitarian assistance; or
\(iii\) transporting goods or services that are necessary to
carry out operations relating to humanitarian assistance.
\(B\) Exception for intelligence, law enforcement, and
national security activities.—Sanctions under this
subsection shall not apply to any authorized intelligence,
law enforcement, or national security activities of the
United States.
\(3\) Penalties.—A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
subsection or any regulation, license, or order issued to
carry out that subsection shall be subject to the penalties
set forth in subsections \(b\) and \(c\) of section 206 of the
International Emergency Economic Powers Act \(50 U.S.C. 1705\)
to the same extent as a person that commits an unlawful act
described in subsection \(a\) of that section.
SA 6070. Mr. CURTIS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle —Research Program and Demonstration Project
SEC. 01. DEFINITIONS.
In this subtitle:
\(1\) Academy.—The term “Academy” means the National
Academy of Public Administration.
\(2\) Agency; employee; demonstration project; research
program.—The terms “agency”, “employee”, “demonstration
project”, and “research program” have the meanings given
those terms in section 4701\(a\) of title 5, United States
Code.
\(3\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
\(B\) the Committee on Oversight and Government Reform of the
House of Representatives.
\(4\) Career level.—The term “career level” means a
cluster of positions within a job family that—
\(A\) reflects a distinct level of work within the job
family, as indicated by—
\(i\) the duties of the positions in the cluster; and
\(ii\) the acquired skills, knowledge, and experience
necessary for employees to fulfill the duties described in
clause \(i\); and
\(B\) relative to other clusters of positions, is
distinguished by characteristics such as the scope of
responsibility, degree of independence, and nature of
contribution expected of employees occupying positions within
the cluster.
\(5\) Comptroller general.—The term “Comptroller General”
means the Comptroller General of the United States.
\(6\) Covered demonstration project.—The term “covered
demonstration project” means the demonstration project
described in section 2\(a\), the structure and
implementation with respect to which are established under
section 2\(d\).
\(7\) Director.—The term “Director” means the Director of
the Office of Personnel Management.
\(8\) Federal salary council.—The term “Federal Salary
Council” means the Federal Salary Council established under
section 5304\(e\) of title 5, United States Code.
\(9\) Job family.—The term “job family” means a grouping
of occupations in which—
\(A\) the occupations are commonly understood to be similar
in the relevant industry, to the extent practicable; and
\(B\) the grouping consists of a broad pool of comparable
jobs that may not be interchangeable but that share similar
tasks, competencies, and knowledge bases.
\(10\) Pay compression.—The term “pay compression” means a
situation in which there is no, or a small, relative
difference in compensation between workers despite
substantial differences in the experience, tenure, or
abilities of those workers or the market rate for the labor
of those workers.
\(11\) Pay disparity.—The term “pay disparity” means the
extent to which rates of pay for work under a Federal pay
system are generally lower than the rates of pay for similar
and commensurate non-Federal work in the same labor market,
including with respect to career level, geographic area, and
job family characteristics.
SEC. 02. RESEARCH PROGRAM AND DEMONSTRATION PROJECT TO
MODERNIZE FEDERAL EMPLOYEE COMPENSATION.
\(a\) In General.—Subject to subsection \(e\), the Director
shall use the authorities under chapter 47 of title 5, United
States Code, to carry out a research program and a
demonstration project to study and test modernized methods of
classifying positions and compensating employees, each of
which shall be designed, implemented, and evaluated in a
manner that advances the goals described in subsection \(b\).
\(b\) Goals of the Research Program and Demonstration
Project.—The goals described in this subsection are to
improve the ability of the Federal Government to—
\(1\) recruit and retain individuals who have the knowledge,
skills, and abilities to—
\(A\) faithfully execute statutes;
\(B\) efficiently achieve Government priorities; and
\(C\) effectively deliver services to the public;
\(2\) compete in every relevant labor market in the United
States for talent, including by reducing pay disparities;
\(3\) take advantage of leading compensation management
practices to calibrate Federal compensation offerings to the
labor markets in which agencies operate, which—
\(A\) shall include the use of cost-of-labor indicators
provided by the Bureau of Labor Statistics; and
\(B\) may include the use of cost-of-living indicators
provided by the Bureau of Labor Statistics;
\(4\) effectively navigate personnel classification and
compensation systems that are—
\(A\) coherent across agencies and job families; and
\(B\) adaptable to changing labor markets and evolving human
resources best practices;
\(5\) ensure similar and consistent compensation for similar
and commensurate work that occurs across the Federal
Government, the private sector, and the non-Federal public
sector;
\(6\) ensure that processes for setting compensation under a
Federal pay system factor in labor market variation,
including with respect to geographic area and job family
characteristics; and
\(7\) alleviate pay compression within Federal pay systems.
\(c\) Contract to Produce Reports; Research Program.—
\(1\) In general.—Not later than 30 days after the date of
enactment of this Act, the Director shall enter into a
contract with the Academy under which the Academy shall
submit the initial report described in paragraph \(4\) and the
subsequent report described in section 3\(c\).
\(2\) Consultation.—While developing each report described
in paragraph \(1\), the Academy shall consult with the Director
and the Federal Salary Council.
\(3\) Data access.—The Director, the Director of the Office
of Management and Budget, and the Secretary of Labor shall
grant the Academy access to all reasonable data needed for
the Academy to produce the reports described in paragraph
\(1\).
\(4\) Initial report.—
\(A\) Draft version.—Not later than 335 days after the date
on which the Director enters into a contract with the Academy
under paragraph \(1\), the Academy shall submit to the
Director, the appropriate committees of Congress, and the
Comptroller General a draft version of the report required
under this paragraph, which shall—
\(i\) review modern methodologies and leading human resources
practices for classifying positions and establishing
compensation for employees based on a principle of labor
market comparability between positions in the Federal
Government and positions outside of the Federal Government;
\(ii\) assess the tradeoffs associated with the various
methodologies and practices reviewed under clause \(i\),
including potential tradeoffs if applied to classifying
Federal positions and establishing compensation for employees
so as to be comparable with non-Federal employment;
\(iii\) include a comprehensive list of relevant indices or
other measurable labor market factors and data to inform
strategies for classifying Federal positions and establishing
compensation for employees;
\(iv\) in accordance with the requirements of paragraph \(5\),
recommend the design of the covered demonstration project,
and an ongoing research program \(which shall begin with the
report required under this paragraph and continue with
efforts by the Director to continue to analyze the matters to
which that report applies\), in support of the goals described
in subsection \(b\); and
\(v\) describe how the recommendations under clause \(iv\) will
use labor market measures and advance the goals described in
subsection \(b\).
\(B\) Final version.—Not later than 30 days after the date
on which the Academy submits the draft report under
subparagraph \(A\), the Academy shall submit to the appropriate
committees of Congress, the Director, and the Comptroller
General, and shall make publicly available on the website of
the Academy, the final version of the report required under
this paragraph, which shall contain an analysis of all of the
matters described in subparagraph \(A\).
\(5\) Requirements of demonstration project
recommendations.—The Academy, to develop the recommendations
described in paragraph \(4\)\(A\)\(iv\), shall assess and discuss
within each version of the report required under paragraph
\(4\)—
\(A\) whether the covered demonstration project should
involve a job classification scheme that—
\(i\) organizes occupations into job families;
\(ii\) determines the appropriate number and types of career
levels within each job family;
\(iii\) establishes pay tables specific to each job family
that factor in relevant labor market measures, such as cost-
of-labor or cost-of-living indices; and
\(iv\) considers variations of labor market measures across
geographic areas and different categories of occupations;
\(B\) the appropriate sites, agencies, occupations, and
positions for the covered demonstration project in order to—
\(i\) prioritize States, regional markets, or geographic
areas in which—
\(I\) pay disparities are compounded by rapid growth in
private sector compensation; and
\(II\) there have been demonstrated sustained difficulties in
recruiting or retaining employees in defense or technical
positions despite the use of existing compensation
flexibilities; and
\(ii\) ensure that all agencies, occupations, and positions
within a given geographic area are included in the site for
the covered demonstration project;
\(C\) whether any sites in addition to the sites described in
subparagraph \(B\) should be incorporated into the covered
demonstration project in order to—
\(i\) make the covered demonstration project more
representative of the Federal workforce as a whole; or
\(ii\) better inform future expansion of the methods featured
in the covered demonstration project; and
\(D\) whether the covered demonstration project would
significantly benefit from an adjustment to the limitation
under section 4703\(d\)\(1\)\(A\) of title 5, United States Code,
in order to obtain meaningful results from the covered
demonstration project, including—
\(i\) the minimum level of such an adjustment; and
\(ii\) the ideal level of such an adjustment.
\(6\) Additional research.—As part of the research program
described in subsection \(a\), the Director may conduct such
additional research as the Director determines necessary to
carry out the responsibilities of the Director under section
3\(b\).
\(d\) Structure and Implementation of Demonstration
Project.—
\(1\) In general.—Not later than 180 days after the date on
which the Academy submits the report required under
subsection \(c\)\(4\)\(B\), the Director shall, subject to
paragraph \(2\), and in consultation with the Academy and the
Federal Salary Council—
\(A\) develop a proposed project plan for the covered
demonstration project, which shall be consistent with the
requirements under section 4703\(b\)\(1\) of title 5, United
States Code;
\(B\) with respect to the proposed project plan developed
under subparagraph \(A\)—
\(i\) publish that proposed project plan in the Federal
Register, as required under section 4703\(b\)\(2\) of title 5,
United States Code; and
\(ii\) submit to the Comptroller General the proposed project
plan, along with any additional materials requested by the
Comptroller General, so that the Comptroller General may
conduct the assessment required under paragraph \(3\); and
\(C\) provide the notifications required under section
4703\(b\)\(4\) of title 5, United States Code.
\(2\) Plan design.—The proposed project plan developed under
paragraph \(1\) shall—
\(A\) align with—
\(i\) the recommendations for the design of the covered
demonstration project provided by the Academy in the report
submitted under subsection \(c\)\(4\)\(B\); and
\(ii\) the goals described in subsection \(b\); and
\(B\) include a description of how the proposed project plan
aligns with the recommendations and goals described in
subparagraph \(A\).
\(3\) Review and assessment.—Not later than 90 days after
the date on which the Director submits the proposed project
plan developed under paragraph \(1\) to the Comptroller
General, as required under subparagraph \(B\)\(ii\) of that
paragraph, the Comptroller General shall—
\(A\) assess the extent to which the proposed project plan—
\(i\) aligns with recommendations in the report submitted by
the Academy under subsection \(c\)\(4\)\(B\); and
\(ii\) follows the principles of effective pilot project
design; and
\(B\) submit to the appropriate committees of Congress a
report, and brief the appropriate committees of Congress,
regarding the assessment conducted under subparagraph \(A\).
\(4\) Finalization and implementation.—Not later than 270
days after the date on which the Director submits the
proposed project plan developed under paragraph \(1\) to the
Comptroller General, as required under subparagraph \(B\)\(ii\)
of that paragraph, the Director shall—
\(A\) finalize the project plan for the covered demonstration
project, including by completing all requirements for a
demonstration project, as established under section 4703 of
title 5, United States Code, and part 470 of title 5, Code of
Federal Regulations, or any successor regulations; and
\(B\) begin carrying out the covered demonstration project.
\(e\) Authorities and Limitations.—
\(1\) Limitation on scope of demonstration project.—
Notwithstanding section 4703\(a\) of title 5, United States
Code, the Director, in carrying out the covered demonstration
project, may only take an action for which authority is
lacking under that title, or that is inconsistent with a
provision of that title \(or a regulation prescribed under
that title\), if—
\(A\) that action—
\(i\) is directly related to the methods of classifying
positions and compensating employees; or
\(ii\)\(I\) relates to—
\(aa\) the methods of providing incentives to employees,
including the provision of a group of individual incentive
bonuses or pay;
\(bb\) the methods of establishing qualification requirements
for a position; or
\(cc\) the hours of work per day or per week; and
\(II\) will significantly affect the ability of the Director
to assess a method of classifying positions and compensating
employees; and
\(B\) the Director briefs the appropriate committees of
Congress regarding, and makes public, the reasons why that
action is necessary to carry out the covered demonstration
project.
\(2\) Adjustment to size of demonstration project.—The
Director may adjust the number of individuals described in
section 4703\(d\)\(1\)\(A\) of title 5, United States Code, with
respect to the covered demonstration project, if the report
submitted under subsection \(c\)\(4\)\(B\) specifically recommends
such an adjustment.
\(3\) Exclusion from limitation on number of demonstration
projects.—The covered demonstration project shall be
excluded from the total number of allowed demonstration
projects under section 4703\(d\)\(2\) of title 5, United States
Code.
\(4\) Termination.—
\(A\) In general.—Notwithstanding section 4703\(d\)\(1\)\(B\) of
title 5, United States Code, the covered demonstration
project shall terminate on a date—
\(i\) that is not earlier than 5 years after the date on
which the Director begins implementing the plan for the
covered demonstration project under subsection \(d\)\(3\)\(C\); and
\(ii\) that the Director determines is appropriate in order
to validate the results of the covered demonstration project.
\(B\) Notification of date.—With respect to the termination
date determined appropriate by the Director under
subparagraph \(A\), the Director shall—
\(i\) brief the appropriate committees of Congress regarding
that date; and
\(ii\) release to the public the reasons for making that
determination.
\(5\) Prohibition of compensation decreases during conversion
into and out of the demonstration project.—
\(A\) In general.—The covered demonstration project may not
result in a decrease of the rate of pay for any employee
involved in the covered demonstration project compared to
what the rate of pay for the employee would be if the
employee continued to be classified and compensated under the
applicable pay and classification system in place at the time
of transition to the covered demonstration project.
\(B\) Termination of demonstration project.—Upon the
termination of the covered demonstration project, the rate of
pay for an employee may not be reduced as a result of
conversion of the position of the employee to a prior pay and
classification system.
\(6\) Labor organization consent requirement.—Employees
within a unit with respect to which an agency had, as of
March 26, 2025, granted exclusive recognition to a labor
organization under chapter 71 of title 5, United States Code,
shall not be included within the covered demonstration
project unless the head of that agency and that labor
organization enter into a written agreement allowing for the
inclusion of those employees.
\(f\) Authorization of Appropriations.—There is authorized
to be appropriated $3,000,000 to the Director to carry out
this section, which shall remain available until expended.
SEC. 03. ONGOING RESEARCH, OVERSIGHT, AND REPORTING
REQUIREMENTS.
\(a\) Government Accountability Office.—
\(1\) Ongoing briefings on research program and demonstration
project.—Not later than 180 days after the date on which the
Director begins implementing the covered demonstration
project, and on at least a biannual basis thereafter until
the termination of the covered demonstration project, the
Comptroller General shall—
\(A\) provide a briefing to the appropriate committees of
Congress on the status of assessments of, and findings
related to, the design of the research program described in
section 2\(a\) and the covered demonstration project; and
\(B\) include within each briefing described in subparagraph
\(A\) each committee of the Senate and the House of
Representatives with jurisdiction over an agency directly
involved in the demonstration project.
\(2\) Reports on the demonstration project.—
\(A\) In general.—During the fourth year of the covered
demonstration project, and every 2 years thereafter until the
termination of the covered demonstration project, the
Comptroller General shall submit to Congress a report on
findings related to the effectiveness of the covered
demonstration project in achieving the goals described in
section 2\(b\), the methodologies used in the evaluation by
the Director of the covered demonstration project, and the
applicability of those findings to additional States,
geographic areas, and job families.
\(B\) Updates.—Not earlier than 1 year, and not later than
180 days, before the termination of the covered demonstration
project, the Comptroller General shall submit to Congress any
updates to findings reported by the Comptroller General under
subparagraph \(A\).
\(b\) Office of Personnel Management.—
\(1\) Ongoing briefings.—Not later than 60 days after the
date on which the Director enters into the contract required
under section 2\(c\)\(1\), and on at least a biannual basis
thereafter until the termination of the covered demonstration
project, the Director shall—
\(A\) provide a briefing to the appropriate committees of
Congress on the status of the development and design of the
research program described in section 2\(a\) and the covered
demonstration project; and
\(B\) include within each briefing described in subparagraph
\(A\) each committee of the Senate and the House of
Representatives with jurisdiction over an agency directly
involved in the covered demonstration project.
\(2\) Report on research program and demonstration project.—
As part of the evaluation requirements associated with the
use of the authority under chapter 47 of title 5, United
States Code, the Director shall, not later than 4 years after
the date on which the Director begins carrying out the
covered demonstration project, submit to the appropriate
committees of Congress a report, which shall be made publicly
available, that includes analyses and recommendations
regarding—
\(A\) aspects of the covered demonstration project that—
\(i\) advanced the goals described in section 2\(b\), with
evidence toward that determination; and
\(ii\) deviated from or failed to advance the goals described
in section 2\(b\), with evidence toward that determination;
\(B\) whether the covered demonstration project should be
extended for additional years and reasons why;
\(C\) what aspects of the covered demonstration project, if
any, should be expanded to other States, geographic areas, or
agency positions, including to what extent and on what
timeline;
\(D\) what changes to law, regulation, or agency practice
would be necessary to expand successful aspects of the
covered demonstration project to additional States,
geographic areas, or agency positions; and
\(E\) what steps the Director is taking or requesting to
ensure that the Office of Personnel Management has the
necessary capacity to expand successful aspects of the
covered demonstration project to additional States,
geographic areas, or agency positions.
\(c\) Additional Academy Report.—
\(1\) In general.—During the third year of the covered
demonstration project, the Academy shall submit to the
appropriate committees of Congress, the Director, and the
Comptroller General, and shall make publicly available on the
website of the Academy, a report demonstrating how the
methods featured in the covered demonstration project could
be applied across executive branch positions.
\(2\) Elements of the report.—The report required under
paragraph \(1\) shall—
\(A\) include analyses and recommendations demonstrating how
the featured approach in the covered demonstration project,
if applied toward Government-wide job classification and
compensation reform, would—
\(i\) be consistent with or deviate from the goals described
in section 2\(b\);
\(ii\) account for geographic variations in labor market
characteristics across the United States;
\(iii\) address pay compression issues;
\(iv\) require ongoing monitoring of economic indicators
across various labor markets;
\(v\) require additional Office of Personnel Management
capacity; and
\(vi\) consider how to expand the reforms in a way that—
\(I\) minimizes disruptions to agency capacity and
efficiency; and
\(II\) prevents negative impacts to employees;
\(B\) identify—
\(i\) the changes to law, regulation, or agency practices
that are necessary to utilize the
methods with demonstrated success toward achieving the goals
described in section 2\(b\); or
\(ii\) any further research programs or demonstration
projects that would be necessary before identifying the
changes described in clause \(i\); and
\(C\) recommend a transition process for implementing any
changes to law, regulation, or agency practices identified
under subparagraph \(C\) to prevent unintended—
\(i\) disruptions to agency capacity or efficiency; and
\(ii\) disincentives toward Federal employment.
SA 6071. Mr. CURTIS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII add the
following:
SEC. 2873. ELECTRICAL GRID RESILIENCE PILOT PROGRAM ON NAVY
INSTALLATIONS.
\(a\) In General.—Beginning not later than 60 days after the
date of the enactment of this Act, the Secretary of the Navy
shall commission a pilot program, to be commenced no later
than 180 days after such enactment, to install composite
utility poles on at any location identified by the Secretary
under subsection \(b\)\(1\).
\(b\) Identification of Navy Installations.—
\(1\) In general.—To carry out the pilot program required
under subsection \(a\), the Secretary shall select locations on
Navy installations for the installation of modular composite
utility poles.
\(2\) Considerations.—In making the selections under
paragraph \(1\), the Secretary—
\(A\) shall chose locations that have experienced utility
pole failures and electrical outages due to—
\(i\) excessive ice loading;
\(ii\) wind over 120 miles per hour; or
\(iii\) wildfires; and
\(B\) may consider, at the Secretary discretion, additional
factors in electrical equipment failure, including—
\(i\) environmental moisture, such as from swamps and
wetlands; and
\(ii\) wildlife interference and corruption.
\(c\) Installation of Modular Composite Utility Poles.—The
Secretary shall replace existing wood poles with modular
composite utility poles at each location selected by the
Secretary under subsection \(b\)\(1\) and evaluate the
performance of such composite poles.
\(d\) Report.—One year after the date of the installation of
the composite poles under subsection \(c\), the Secretary shall
submit to the congressional defense committees a report
evaluating the performance of the composite poles.
\(e\) Authorization of Appropriations.—There is authorized
to be appropriated $10,000,000 to the Secretary to carrying
out the pilot program required under subsection \(a\).
\(f\) Termination.—The authority to carry out the pilot
program under subsection \(a\) shall terminate on the date that
is five years after the date of the enactment of this Act.
SA 6072. Mr. HAGERTY \(for himself and Mr. Kaine\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES.
Section 70022 of title 46, United States Code, is amended—
\(1\) in subsection \(a\)\(2\)\(A\)—
\(A\) in clause \(i\)—
\(i\) in the matter preceding subclause \(I\), by striking
“subsection \(b\)\(1\)” and inserting “subsection \(b\)\(1\)\(A\)”;
and
\(ii\) in subclause \(II\), by striking “; or” and inserting
a semicolon;
\(B\) in clause \(ii\)—
\(i\) by striking “subsection \(b\)\(2\)” and inserting
“subsection \(b\)\(1\)\(B\)”; and
\(ii\) by striking the period at the end and inserting “;
or”; and
\(C\) by adding at the end the following:
“\(iii\) a vessel described in subsection \(b\)\(1\) in the case
of—
“\(I\) an emergency being experienced by the vessel or an
individual on the vessel; or
“\(II\) such a vessel described in subparagraph \(C\) of such
subsection that is authorized by the United States person
described in clause \(ii\) of such subparagraph to operate or
enter the port, harbor, or marine terminal described in such
subsection.”; and
\(2\) in subsection \(b\)—
\(A\) in paragraph \(1\), by striking “; or” and inserting a
semicolon;
\(B\) in paragraph \(2\), by striking the period at the end and
inserting “; or”;
\(C\) by redesignating paragraphs \(1\) and \(2\) as
subparagraphs \(A\) and \(B\), respectively, and adjusting the
margins of such subparagraphs accordingly;
\(D\) by striking “A vessel referred” and inserting the
following:
“\(1\) In general.—A vessel referred”; and
\(E\) by adding at the end the following:
“\(C\) subject to paragraph \(2\), is a vessel that, after
fiscal year 2025, has entered or operated in a port, harbor,
or marine terminal that—
“\(i\) is within the geographic area of 2034'31” N,
2034'13” N, 8707'47” W, 8707'20” W; and
“\(ii\) was owned, held, or controlled, directly or
indirectly, by a United States person at the time that—
“\(I\) such port, harbor, or marine terminal is nationalized
or expropriated by an agency or official of a government of a
foreign trade partner of the United States; or
“\(II\) actions were taken that have the effect of
nationalization or expropriation of such port, harbor, or
marine terminal by such an agency or official.
“\(2\) Applicability.—Paragraph \(1\)\(C\) shall cease to apply
with respect to a port, harbor, or marine terminal described
in such paragraph if—
“\(A\) the President determines that—
“\(i\) the ownership, possession, or control of the port,
harbor, or marine terminal described in such paragraph has
been restored to the United States person described in clause
\(ii\) of such paragraph; and
“\(ii\) the government of the foreign trade partner
described in such clause has terminated any measures that had
the effect of nationalizing or expropriating the port,
harbor, or marine terminal; or
“\(B\) the President determines that such government has
provided adequate and effective compensation for such port,
harbor, or marine terminal that is—
“\(i\) in convertible foreign exchange or in other
compensation mutually acceptable by such United States person
and such government; and
“\(ii\) equivalent to the full value of such port, harbor,
or marine terminal, as required by international law.
“\(3\) Definition of united states person.—In this
subsection, the term \`United States person' means—
“\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
“\(B\) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.”.
SA 6073. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 639. TREATMENT OF SERVICE IN UNIFORMED SERVICES FOR
PURPOSES OF FAMILY AND MEDICAL LEAVE.
\(a\) In General.—Section 6381\(1\)\(B\)\(ii\) of title 5, United
States Code, is amended by striking “the Army” and all that
follows and inserting “any of the uniformed services \(as
defined in section 101 of title 10\);”.
\(b\) Inclusion of Military Service in Determining
Eligibility of Other Federal Employees.—Section 1114\(b\) of
the National Defense Authorization Act for Fiscal Year 2024
\(Public Law 118-31; 29 U.S.C. 2611 note\) is amended—
\(1\) in paragraph \(1\)—
\(A\) by striking “the Army” and all that follows through
“United States” and inserting “any of the uniformed
services \(as defined in section 101 of title 10, United
States Code\)”; and
\(B\) by striking “section 101\(1\)\(A\)” each place it appears
and inserting “section 101\(2\)\(A\)”; and
\(2\) in paragraph \(2\)—
\(A\) by striking subparagraph \(B\);
\(B\) by striking “term” and all that follows through
“includes” and inserting the following: “term \`covered
employee' includes”;
\(C\) by redesignating clauses \(i\), \(ii\), \(iii\), and \(iv\) as
subparagraphs \(A\), \(B\), \(C\), and \(D\), respectively, and by
moving such subparagraphs, as so redesignated, 2 ems to the
left; and
\(D\) in subparagraph \(D\), as so redesignated, by striking
“; and” and inserting a period.
SA 6074. Ms. KLOBUCHAR \(for herself, Mr. Tillis, Mr. Kaine, Mr. Tuberville, Ms. Smith, Mrs. Hyde-Smith, Mr. Warner, Mr. Warnock, Ms. Duckworth, Mr. Durbin, and Mrs. Blackburn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—National Forest System Land
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Management of Federal
Eastern Lands Act of 2026”.
SEC. 1094A. CHESTER COUNTY REVERSIONARY AND MINERAL INTERESTS
RELEASE.
\(a\) Findings.—Congress finds that—
\(1\) within the parcel of State forest land located in
Henderson, Chester County, Tennessee, a recent survey by the
State determined that Bethel Baptist Church is encroaching on
State-owned land in Chickasaw State Forest by approximately
19 inches;
\(2\) the parcel described in paragraph \(1\) was conveyed to
the State by the Department of Agriculture, which retained a
reversionary interest in the land; and
\(3\) it is necessary to release the interests of the United
States in and to that land to resolve the encroachment issue
described in paragraph \(1\).
\(b\) Definitions.—In this section:
\(1\) Secretary.—The term “Secretary” means the Secretary
of Agriculture.
\(2\) State.—The term “State” means the State of
Tennessee.
\(3\) State forest land.—The term “State forest land”
means the approximately 0.62-acre parcel of land in Chickasaw
State Forest that is identified as “State Forest Land” on
the map prepared by the Forest Service entitled “State
Forest Land Detail Map” and dated December 13, 2019.
\(c\) Release of Reversionary Interest.—
\(1\) Release.—
\(A\) In general.—The Secretary shall release, without
consideration, the reversionary interest described in
paragraph \(2\).
\(B\) Requirements.—Notwithstanding any requirement for a
grant of land under section 32\(c\) of The Bankhead-Jones Farm
Tenant Act \(7 U.S.C. 1011\(c\)\) or any other provision of law,
the release under subparagraph \(A\) shall occur without any
appraisal, other report, or environmental or similar review
being undertaken.
\(2\) Description of reversionary interest.—The reversionary
interest referred to in paragraph \(1\)\(A\) is the reversionary
interest of the United States in and to the State forest land
that—
\(A\) takes effect if the State forest land ceases to be used
for public purposes; and
\(B\) was created by the deed—
\(i\) granting from the United States to the State the State
forest land;
\(ii\) dated August 12, 1955; and
\(iii\) registered on pages 588 through 591 of book 48 of the
record of deeds for Chester County, Tennessee.
\(3\) Payment of costs.—As a condition of the release under
paragraph \(1\), the State shall pay to the United States any
administrative costs incurred by the United States in
carrying out the release.
\(d\) Conveyance of Mineral Rights.—
\(1\) In general.—Notwithstanding any requirement for the
conveyance of Federal mineral interests under section 209 of
the Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1719\), part 2720 of title 43, Code of Federal Regulations \(or
successor regulations\), or any other provision of law, the
Secretary shall convey to the State, by quitclaim deed,
without warranty, and without consideration, the mineral
interest in the State forest land owned by the United States.
\(2\) Requirements.—Notwithstanding any other provision of
law, the conveyance under paragraph \(1\) shall occur—
\(A\) without any exploratory program as to the character of
the mineral deposits in the land;
\(B\) without any findings as to known mineral values and
mineral development of the land; and
\(C\) without any appraisal, other report, or environmental
or similar review being undertaken by the Secretary.
\(3\) Payment of costs.—As a condition of the conveyance
under paragraph \(1\), the State shall pay to the United States
any administrative costs incurred by the United States in
carrying out the conveyance.
SEC. 1094B. VIRGINIA WILDERNESS ADDITIONS.
\(a\) Rough Mountain Addition.—Section 1 of Public Law 100-
326 \(16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123
Stat. 1002\) is amended by adding at the end the following:
“\(21\) Rough mountain addition.—Certain land in the George
Washington National Forest comprising approximately 1,000
acres, as generally depicted as the \`Rough Mountain Addition'
on the map entitled \`GEORGE WASHINGTON NATIONAL FOREST—South
half—Alternative I—Selected Alternative Management
Prescriptions—Land and Resources Management Plan Final
Environmental Impact Statement' and dated March 4, 2014,
which is incorporated in the Rough Mountain Wilderness Area
designated by paragraph \(1\).”.
\(b\) Rich Hole Addition.—
\(1\) Potential wilderness designation.—In furtherance of
the purposes of the Wilderness Act \(16 U.S.C. 1131 et seq.\),
certain land in the George Washington National Forest
comprising approximately 4,600 acres, as generally depicted
as the “Rich Hole Addition” on the map entitled “GEORGE
WASHINGTON NATIONAL FOREST—South half—Alternative I—
Selected Alternative Management Prescriptions—Land and
Resources Management Plan Final Environmental Impact
Statement” and dated March 4, 2014, is designated as a
potential wilderness area for incorporation in the Rich Hole
Wilderness Area designated by section 1\(2\) of Public Law 100-
326 \(16 U.S.C. 1132 note; 102 Stat. 584\).
\(2\) Wilderness designation.—The potential wilderness area
designated by paragraph \(1\) shall be designated as wilderness
and incorporated in the Rich Hole Wilderness Area designated
by section 1\(2\) of Public Law 100-326 \(16 U.S.C. 1132 note;
102 Stat. 584\) on the earlier of—
\(A\) the date on which the Secretary of Agriculture
\(referred to in this section as the “Secretary”\) publishes
in the Federal Register notice that the activities permitted
under paragraph \(4\) have been completed; or
\(B\) the date that is 5 years after the date of enactment of
this Act.
\(3\) Management.—Except as provided in paragraph \(4\), the
Secretary shall manage the potential wilderness area
designated by paragraph \(1\) in accordance with the Wilderness
Act \(16 U.S.C. 1131 et seq.\).
\(4\) Water quality improvement activities.—
\(A\) In general.—To enhance natural ecosystems within the
potential wilderness area designated by paragraph \(1\) by
implementing certain activities to improve water quality and
aquatic passage, as set forth in the Forest Service document
entitled “Decision Notice for the Lower Cowpasture
Restoration and Management Project” and dated December 2015,
the Secretary may use motorized equipment and mechanized
transport in the potential wilderness area until the date on
which the potential wilderness area is incorporated into the
Rich Hole Wilderness Area under paragraph \(2\).
\(B\) Requirement.—In carrying out subparagraph \(A\), the
Secretary, to the maximum extent practicable, shall use the
minimum tool or administrative practice necessary to carry
out that subparagraph with the least amount of adverse impact
on wilderness character and resources.
SEC. 1094C. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND
LOCATED IN FRANKLIN COUNTY, MISSISSIPPI.
\(a\) Definitions.—In this section:
\(1\) Alliance.—The term “Alliance” means the Scenic
Rivers Development Alliance, an instrumentality of the State
of Mississippi.
\(2\) Secretary.—The term “Secretary” means the Secretary
of Agriculture.
\(b\) Conveyance.—Subject to the requirements of this
section, not later than 180 days after the completion of the
appraisal under subsection \(d\)\(2\) and the written agreement
under subsection \(e\)\(2\), the Secretary shall convey by
quitclaim deed to the Alliance all right, title, and interest
of the United States in and to the surface estate of the
National Forest System land generally described in subsection
\(c\).
\(c\) Land to Be Conveyed.—
\(1\) In general.—The National Forest System land referred
to in subsection \(b\) is—
\(A\) the approximately 137.7 acres of real property located
in secs. 5 and 6, T. 5 N., R. 4 E., and sec. 31, T. 6 N., R.
4 E., Franklin County, Mississippi, as depicted on the map
prepared for the Alliance by Marling Surveying, LLC, entitled
“Map of Survey of a 137.70 Acre Tract, a Portion of U.S.
Department of Agriculture Forest Service Homochitto National
Forest Tracts H-41g & H-307”, and dated September 16, 2024;
and
\(B\) the approximately 173 acres of real property located in
secs. 5, 6, 7, and 8, T. 5 N., R. 4 E., Franklin County,
Mississippi, as depicted on the map prepared for the Alliance
by Marling Surveying, LLC, entitled “Map of Survey of a +/-
173 Acre Tract, a Portion of U.S. Department of Agriculture
Forest Service Homochitto National Forest Tracts H-1, H-3b,
H-41g & H-307”, and dated September 16, 2024.
\(2\) Survey.—The exact acreage and legal description of the
National Forest System land to be conveyed under this section
shall be determined by a survey satisfactory to the
Secretary.
\(d\) Consideration.—The consideration for the conveyance of
any National Forest System land under this section shall be—
\(1\) provided in the form of cash; and
\(2\) in an amount equal to the fair market value of the
National Forest System land being conveyed, as determined by
an appraisal conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions and
approved by the Secretary.
\(e\) Terms and Conditions.—The conveyance under this
section shall be subject to—
\(1\) valid existing rights;
\(2\) a written agreement entered into between the Secretary
and the Alliance, under which the Alliance—
\(A\) agrees to cover the costs of upkeep and maintenance of
the Okhissa Lake Dam, including the dam, spillway, and
related water control facilities; and
\(B\) assumes responsibility and liability for compliance
with all Federal and State dam safety laws and regulations;
\(3\) the reservations in the United States of easements for
public roads and trails, including—
\(A\) a perpetual, nonexclusive road right-of-way 30 feet in
width for ingress and egress over all portions of Forest
Service Road 149A within any of the conveyed land; and
\(B\) such road and trail rights-of-way as the Secretary may
determine to be necessary or desirable to retain public and
administrative access to Okhissa Lake and appurtenant
National Forest System land;
\(4\) the reservation in the United States of all mineral
rights, oil and gas rights, and all other subsurface rights
in the conveyed land;
\(5\) a right of re-entry reserving to the Secretary the
right to retake possession and
title to the conveyed land in the event the land is
subsequently conveyed to a nonpublic entity or used for
purposes other than public recreation and fish and wildlife
habitat, subject to the condition that, in the event the
Secretary exercises such a right of re-entry, the Alliance
shall remain liable for the abatement and clean-up of
hazardous substances, oil, and any other contaminants;
\(6\) a restrictive covenant against the subdivision of the
conveyed land into residential lots; and
\(7\) such other terms and conditions as the Secretary
considers to be appropriate to protect the interests of the
United States.
\(f\) Proceeds From Sale.—
\(1\) In general.—The Secretary shall deposit the proceeds
of the conveyance of any National Forest System land under
this section in the fund established under Public Law 90-171
\(commonly known as the “Sisk Act”\) \(16 U.S.C. 484a\).
\(2\) Use of funds.—Amounts deposited under paragraph \(1\)
shall remain available until expended, without further
appropriation, for the acquisition of land and interests in
land for the National Forest System.
\(g\) Costs.—As a condition for the conveyance under this
section, the Secretary shall require the Alliance to pay at
closing any reasonable appraisal, survey, and closing costs.
\(h\) Environmental Laws.—The Secretary shall not be
required to comply with National Environmental Policy Act of
1969 \(42 U.S.C. 4321 et seq.\) or any other applicable
environmental law in carrying out the conveyance under this
section.
\(i\) Hazardous Materials.—For purposes of the conveyance
under this section, the Secretary—
\(1\) shall meet disclosure requirements for hazardous
substances, pollutants, or contaminants under section 120\(h\)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 \(42 U.S.C. 9620\(h\)\); and
\(2\) shall not otherwise be required to remediate or abate
those hazardous substances, pollutants, or contaminants.
SEC. 1094D. LAKE WINNIBIGOSHISH LAND EXCHANGE.
\(a\) Definitions.—In this section:
\(1\) BWLT.—The term “BWLT” means Big Winnie Land and
Timber, LLC, a Minnesota Limited Liability Corporation.
\(2\) Map.—The term “Map” means the map entitled “Heig
Land Exchange” and dated December 14, 2023.
\(3\) Federal land.—The term “Federal land” means the
approximately 17.5 acres of Federal land in Itasca County,
Minnesota, generally depicted as the “Federal Parcel” on
the Map.
\(4\) Non-federal land.—The term “non-Federal land” means
the approximately 36.7 acres of non-Federal land in Itasca
County, Minnesota, generally depicted as the “Non-Federal
Parcel” on the Map.
\(5\) Secretary.—The term “Secretary” means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
\(b\) Exchange Authorized.—Subject to the provisions of this
section, if BWLT offers to convey the non-Federal land to the
United States, the Secretary shall, not later than 1 year
after the date on which such offer is made—
\(1\) accept the offer;
\(2\) convey to BWLT all right, title, and interest of the
United States in and to the Federal land, excepting and
reserving an easement for road access to National Forest
System land west of the Federal Parcel; and
\(3\) accept from BWLT all right, title, and interest of BWLT
in and to the non-Federal land.
\(c\) Requirements.—The exchange under subsection \(b\) shall
be—
\(1\) conditioned on title approval for the non-Federal land
by the Secretary in accordance with subsection \(f\);
\(2\) conditioned on a cash equalization payment made by BWLT
to the United States in accordance with subsection \(d\) if,
under the appraisals conducted in accordance with this
section, it is determined that the value of the Federal land
exceeds the value of the non-Federal land;
\(3\) conditioned on the satisfactory completion of a Phase I
Environmental Site Assessment by BWLT, provided to the
Secretary, in advance of the acceptance of the non-Federal
parcel;
\(4\) subject to valid existing rights; and
\(5\) subject to any other terms and conditions the Secretary
determines appropriate.
\(d\) Equal Value and Cash Equalization.—
\(1\) In general.—Except as provided in paragraph \(2\), the
exchange under subsection \(b\) shall be for equal value or the
values shall be equalized by a cash payment.
\(2\) Exception.—Notwithstanding any other provision of law,
if the appraised value of the non-Federal land to be conveyed
to the United States exceeds the appraised value of the
Federal land, a cash equalization payment by the United
States to BWLT is hereby waived and the amount of such waived
payment shall be considered a donation by BWLT to the United
States for all purposes of law.
\(e\) Appraisals.—
\(1\) In general.—The value of the land to be exchanged
under this section shall be determined by appraisals
conducted by an independent and qualified appraiser mutually
agreed to by the Secretary and BWLT.
\(2\) Appraisal standards.—The Secretary shall complete
appraisals of the land to be exchanged under this section in
accordance with—
\(A\) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
\(B\) the Uniform Standards of Professional Appraisal
Practice.
\(f\) Format.—Title to the non-Federal land to be conveyed
to the United States under this section shall be found
sufficient by the Secretary pursuant to section 3111 of title
40, United States Code.
\(g\) Management of Acquired Land.—The non-Federal land
acquired by the United States under subsection \(b\) shall be—
\(1\) added to, and managed as part of, the Chippewa National
Forest; and
\(2\) managed in accordance with the laws, rules, and
regulations pertaining to National Forest System lands.
\(h\) Map and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the Map
and legal descriptions of all land to be conveyed under this
section.
\(2\) Controlling document.—In the case of a discrepancy
between the Map and a legal description, the Map shall
control.
\(3\) Corrections.—The Secretary and BWLT, by mutual
agreement, may correct any minor errors in the Map or in the
legal descriptions, including with respect to the boundaries
of the Federal land and the non-Federal land.
\(4\) Map on file.—The Map and legal descriptions shall be
on file and available for public inspection in appropriate
offices of the Forest Service.
\(i\) Closing Costs.—As a condition for the exchange under
subsection \(b\), BWLT shall pay all closing costs associated
with the exchange, including for—
\(1\) title insurance and title search;
\(2\) any applicable inspection fees, escrow fees, attorneys
fees, and recording fees; and
\(3\) any environmental analysis or resource survey required
under Federal law, regulation, or policy, including a Phase I
Environmental Site Assessment of the non-Federal land.
\(j\) Survey.—
\(1\) In general.—The exact acreages and legal descriptions
of the Federal and non-Federal land to be exchanged under
subsection \(b\) shall be determined by surveys satisfactory to
the Secretary.
\(2\) Costs of survey.—BWLT shall bear all costs associated
with the surveys under paragraph \(1\).
SEC. 1094E. RELEASE OF REVERSIONARY INTEREST, BLACK RIVER
STATE FOREST, WISCONSIN.
\(a\) Definitions.—In this section:
\(1\) Deli, inc.—The term “Deli, Inc.” means Deli, Inc., a
sphagnum moss production business located in Millston,
Wisconsin.
\(2\) Deli land.—The term “Deli land” means the
approximately 37.27 acres of land owned or optioned to
acquire, subject to the approval of the land exchange by the
Wisconsin Department of Natural Resources, the Wisconsin
Natural Resources Board, and the Governor of the State, in 2
separate parcels, by Deli, Inc., located in Millston,
Wisconsin, as depicted on the map and more particularly
described as follows:
\(A\) The approximately 31.3-acre parcel \(including land
within the road right-of-way\), together with any
improvements—
\(i\) comprising the NE\\1/4\\NE\\1/4\\ of sec. 29, T. 20 N., R.
2 W., Town of Millston, Jackson County, Wisconsin;
\(ii\) excluding—
\(I\) land lying north of the railroad right-of-way; and
\(II\) a parcel 150 feet wide, with 50 feet lying to the
northeast, and 100 feet to the southwest, of a line
commencing at a point 5 feet east of the northwest corner of
the quarter-quarter section described in clause \(i\), thence
south 56 E. 39' a distance of 222 feet, thence south 57 E.
31' a distance of 1359 feet; and
\(iii\) subject to—
\(I\) any public water use or easements on Lee Lake; and
\(II\) any easements or restrictions of record, public
roadways, zoning and use ordinances, and the railroad right-
of-way.
\(B\) The approximately 5.97-acre parcel located in the SW\\1/
4\\SW\\1/4\\ of sec. 20, T. 20 N., R. 4 W., Town of Millston,
Jackson County, Wisconsin, comprising lot 7 of Certified
Survey Map No. 4483, as recorded in volume 19S of the
certified survey maps, page 334, as Document No. 413440 in
the Jackson County Register of Deeds.
\(3\) Map.—The term “map” means the map entitled “Black
River State Forest - Deli, Inc.” and dated June 26, 2023.
\(4\) State.—The term “State” means the State of
Wisconsin.
\(5\) State forest land.—The term “State forest land”
means the approximately 31.83 acres of land located in the
Black River State Forest in Millston, Wisconsin, as depicted
on the map and more particularly described as follows:
\(A\) The 23.13-acre parcel—
\(i\) comprising the portion of the E\\1/2\\SE\\1/4\\ of sec. 20,
T. 20 N., R. 2. W., Town of Millston, Jackson County,
Wisconsin, lying south of the Interstate 94 southern right-
of-way; and
\(ii\) excluding a triangular parcel in the southwest corner
described as commencing at the southwest corner, thence east
260 feet, thence northwesterly to a point on the west
boundary thereof 200 feet north of the southwest corner,
thence south to the place of beginning.
\(B\) The 8.70-acre parcel comprising the portion of the
NE\\1/4\\NE\\1/4\\ of sec. 29, T. 20 N., R. 2. W., Town of
Millston, Jackson County, Wisconsin, lying north of the
railroad right-of-way, forming a triangular piece, and more
particularly described as commencing at the northeast corner
of that quarter-quarter section, thence west 1010 feet to the
north line of the railroad right-of-way, thence southeasterly
along the boundary of the railroad to the east line of that
quarter-quarter section, thence north on the east line 750
feet to the place of beginning.
\(b\) Conditional Release.—
\(1\) Findings.—Congress finds that—
\(A\) the State forest land is subject to a reversionary
interest of the United States pursuant to section 32\(c\) of
The Bankhead-Jones Farm Tenant Act \(7 U.S.C. 1011\(c\)\),
requiring that the State forest land be used for public
purposes in perpetuity; and
\(B\) the State and Deli, Inc. have agreed that—
\(i\) the State will convey to Deli, Inc. the State forest
land in exchange for the Deli land; and
\(ii\) after that exchange, the Deli land will be added to
Black River State Forest in the State.
\(2\) Release.—If the State offers, in a written agreement,
to convey to Deli, Inc., the State forest land in exchange
for the conveyance of the Deli land by Deli, Inc. to the
State—
\(A\) the reversionary interest of the United States in the
State forest land shall be released; and
\(B\) the Secretary of Agriculture shall provide, as
expeditiously as practicable, recordable evidence of the
release under subparagraph \(A\) in the form of a quitclaim
deed, which shall—
\(i\) convey any interest of the United States in and to the
State forest land, without consideration; and
\(ii\) be provided to the State for recording before the
exchange deeds are recorded.
\(3\) Corrections.—The Secretary of Agriculture, in
consultation with the State, may make any necessary
corrections to the legal description of the State forest land
for purposes of the quitclaim deed described in paragraph
\(2\)\(B\).
SEC. 1094F. SHAWNEE NATIONAL FOREST CONSERVATION.
\(a\) Definitions.—In this section:
\(1\) Designated natural area.—The term “designated natural
area” means an area determined to be of exceptional
ecological, botanical, geologic, scenic, or archeological
value by the Secretary.
\(2\) Designated research natural area.—The term
“designated research natural area” means an area that has
been selected by the Secretary, and is managed by the Forest
Service, for scientific research value.
\(3\) Map.—The term “Map” means the map prepared and
submitted by the Secretary under subsection \(b\)\(5\)\(A\).
\(4\) Secretary.—The term “Secretary” means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
\(5\) Special management area.—The term “Special Management
Area” means a Special Management Area established by
subsection \(c\)\(1\).
\(b\) Camp Hutchins Wilderness.—
\(1\) Addition to the national wilderness preservation
system.—In accordance with the Wilderness Act \(16 U.S.C.
1131 et seq.\), certain land in the Shawnee National Forest in
the State of Illinois managed by the Forest Service,
comprising approximately 750 acres and generally depicted as
“Camp Hutchins Wilderness Area—Proposed” on the map
prepared by the Environmental Law and Policy Center entitled
“Camp Hutchins Wilderness Area and Special Management Area”
and dated November 23, 2023, is designated as wilderness and
as a component of the National Wilderness Preservation
System, and shall be known as the “Camp Hutchins
Wilderness”.
\(2\) Management.—Subject to valid existing rights, the Camp
Hutchins Wilderness shall be administered by the Secretary in
accordance with the Wilderness Act \(16 U.S.C. 1131 et seq.\),
except that any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act.
\(3\) Hiking trail.—National Forest System Road 211 shall be
closed to public vehicular traffic and may be maintained as a
hiking trail, including the eastern extension of Forest Road
211 formerly known as the “Hutchins Creek Spur” up to the
area known as “Hutchins Creek Corridor”, as generally
depicted on the Map.
\(4\) Withdrawal.—Subject to valid existing rights, all
Federal land within the Camp Hutchins Wilderness, including
any land or interest in land that is acquired by the United
States within the Camp Hutchins Wilderness after the date of
enactment of this Act, is withdrawn from—
\(A\) entry, appropriation, or disposal under public land
law;
\(B\) location, entry, and patent under mining law; and
\(C\) operation of mineral leasing, mineral materials, and
geothermal leasing law.
\(5\) Map and legal description.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Camp Hutchins Wilderness with—
\(i\) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
\(ii\) the Committee on Agriculture of the House of
Representatives.
\(B\) Effect.—The Map and legal description filed under
subparagraph \(A\) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors on the Map and in the legal
description.
\(C\) Availability.—The Map and legal description filed
under subparagraph \(A\) shall be on file and available for
public inspection in the appropriate office of the Secretary
and on the website of the Forest Service.
\(c\) Establishment of Special Management Areas.—
\(1\) Establishment.—Subject to valid existing rights, the
following Special Management Areas within the Shawnee
National Forest in the State of Illinois are established:
\(A\) Camp hutchins special management area.—Certain Federal
land managed by the Forest Service, comprising approximately
2,953 acres and generally depicted as “Camp Hutchins Special
Management Area—Proposed” on the map prepared by the
Environmental Law and Policy Center entitled “Camp Hutchins
Wilderness Area and Special Management Area” and dated
November 23, 2023, which shall be known as the “Camp
Hutchins Special Management Area”.
\(B\) Ripple hollow special management area.—Certain Federal
land managed by the Forest Service, comprising approximately
3,445 acres and generally depicted as “Ripple Hollow Special
Management Area—Proposed” on the map prepared by the
Environmental Law and Policy Center entitled “Ripple Hollow
Special Management Area” and dated November 23, 2023, which
shall be known as the “Ripple Hollow Special Management
Area”.
\(C\) Burke branch special management area.—Certain Federal
land managed by the Forest Service, comprising approximately
6,310 acres and generally depicted as “Burke Branch Special
Management Area—Proposed”, on the map prepared by the
Environmental Law and Policy Center entitled “Burke Branch
Special Management Area” and dated November 23, 2023, which
shall be known as the “Burke Branch Special Management
Area”.
\(2\) Purposes.—The purposes of the Special Management Areas
are—
\(A\) to conserve, protect, and enhance the ecological,
scenic, wildlife, recreational, cultural, historic,
educational, and scientific resources of the Special
Management Areas for the benefit and enjoyment of present and
future generations;
\(B\) to promote biodiversity and control invasive species;
\(C\) to allow for the continuation of restoration efforts
and scientific study of the designated natural areas and
designated research natural areas within the Special
Management Areas; and
\(D\) to allow for public use and enjoyment of the Special
Management Areas.
\(d\) Administration of Special Management Areas.—
\(1\) In general.—The Secretary shall administer the Special
Management Areas—
\(A\) in a manner that conserves, protects, and enhances the
purposes for which the Special Management Areas are
established; and
\(B\) in accordance with—
\(i\) this subsection; and
\(ii\) other applicable law.
\(2\) Management plan.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
management plan for the long-term protection and management
of the Special Management Areas.
\(3\) Uses.—
\(A\) In general.—The Secretary shall allow only uses of the
Special Management Areas that are consistent with the
purposes for which the Special Management Areas are
established.
\(B\) Prescribed fire.—The Secretary may use prescribed fire
to sustain the ecological structure and composition of the
Special Management Areas, to sustain the biodiversity of the
Special Management Areas, and to mitigate the risk of
wildfire in the Special Management Areas or nearby areas.
\(C\) Management tools.—
\(i\) In general.—The Secretary may use herbicides,
insecticides, and mechanized equipment, including chainsaws,
drones, unmanned aerial systems, aircraft, pickup trucks,
all-terrain vehicles, and rubber-tired and tracked vehicles,
to control fire, insects, disease, and invasive species in
managing the Special Management Areas approved by the
Secretary.
\(ii\) Requirement.—In managing the Special Management
Areas, the Secretary shall use the best available technology
and science.
\(D\) Motor vehicles.—Except in cases in which motor
vehicles are needed for administrative purposes, emergency
response, or access on established roads accessing
trailheads, inholdings, cemeteries, or campgrounds, or are
essential to provide off-road access for ecosystem management
of habitat, the use of motor vehicles, including over-snow
vehicles, in the Special Management Areas shall be
prohibited.
\(E\) Roads.—The Secretary shall decommission as soon as
practicable any National Forest System roads within the
Special Management Areas that are not needed for management
or access to trailheads, cemeteries, and inholdings.
\(F\) Timber.—
\(i\) In general.—Commercial timber harvesting in the
Special Management Areas, except as needed for fire, insect,
and disease control, and for visitor and administrative
safety, shall be prohibited.
\(ii\) Activities permitted.—Thinning of trees and other
vegetation in the Special
Management Areas is permitted for restoration of the
designated natural areas and designated research natural
areas and to further the management objectives described in
this subsection.
\(G\) Inholdings.—
\(i\) In general.—Access to private inholdings in the
Special Management Areas shall be preserved.
\(ii\) Acquisitions.—The Secretary shall acquire any private
inholdings in the Special Management Areas by purchase or
exchange from willing sellers as soon as practicable.
\(H\) Hunting and trapping.—
\(i\) Hunting.—Hunting shall be permitted in the Special
Management Areas as permitted by the State of Illinois and in
accordance with regulations of the State of Illinois and
regulations and orders issued by the Forest Service.
\(ii\) Trapping.—Trapping shall not be permitted in the
Special Management Areas.
\(iii\) Access by motor vehicles.—Motor vehicle access by
hunters within the Special Management Areas, including over-
snow vehicles, shall be prohibited.
\(I\) Volunteer restoration and research.—
\(i\) Volunteers.—The Secretary shall allow volunteers of
cooperators and individual Forest Service volunteers to
participate in ecological restoration activities under the
guidance of Forest Service ecologists and botanists within
the Special Management Areas through cooperative agreements.
\(ii\) Access for research purposes.—The Secretary shall
allow access to the Special Management Areas for scientific
research by individuals and organizations that the Secretary
determines to be qualified for that purpose.
\(J\) Ongoing management decisions.—The Supervisor of the
Shawnee National Forest shall have the authority, without
requiring the permission of the Secretary, to make management
decisions concerning any designated natural area or
designated research natural area within the Special
Management Areas pursuant to the land management plan for the
Shawnee National Forest.
\(4\) Withdrawal.—Subject to valid existing rights, all
Federal land within the Special Management Areas, including
any land or interest in land that is acquired by the United
States within the Special Management Areas after the date of
enactment of this Act, is withdrawn from—
\(A\) entry, appropriation, or disposal under public land
law;
\(B\) location, entry, and patent under mining law; and
\(C\) operation of mineral leasing, mineral materials, and
geothermal leasing law.
\(5\) Maps and legal descriptions.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal descriptions of the Special Management Areas with—
\(i\) the Committee on Energy and Natural Resources of the
Senate; and
\(ii\) the Committee on Natural Resources of the House of
Representatives.
\(B\) Effect.—The map and legal descriptions filed under
subparagraph \(A\) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors on the map and in the legal
descriptions.
\(C\) Availability.—The map and legal descriptions filed
under subparagraph \(A\) shall be on file and available for
public inspection in the appropriate office of the Secretary
and on the website of the Forest Service.
\(6\) Public information.—Annually, the Secretary shall make
publicly available on the website of the Shawnee National
Forest a description of the progress in achieving the
management objectives described in this subsection.
SEC. 1094G. SHENANDOAH MOUNTAIN.
\(a\) Definitions.—In this section:
\(1\) National scenic area.—
\(A\) In general.—The term “National Scenic Area” means
the Shenandoah Mountain National Scenic Area established by
subsection \(b\)\(1\).
\(B\) Inclusions.—The term “National Scenic Area”
includes—
\(i\) any National Forest System land within the boundary of
the National Scenic Area that is administered as part of the
National Scenic Area; and
\(ii\) any National Forest System land within the boundary of
the National Scenic Area that is administered as a component
of the National Wilderness Preservation System under the
amendments made by subsection \(c\).
\(2\) Secretary.—The term “Secretary” means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
\(3\) State.—The term “State” means the State of Virginia.
\(4\) Wilderness area.—The term “Wilderness Area” means a
wilderness area designated by paragraphs \(22\) through \(26\) of
section 1 of Public Law 100-326 \(16 U.S.C. 1132 note; 102
Stat. 584; 114 Stat. 2057; 123 Stat. 1002\) \(as added by
subsection \(c\)\).
\(b\) Establishment of the Shenandoah Mountain National
Scenic Area.—
\(1\) Establishment.—Subject to valid existing rights, there
is established the Shenandoah Mountain National Scenic Area,
consisting of approximately 92,562 acres of National Forest
System land in the George Washington and Jefferson National
Forests, as generally depicted on the map filed under
subsection \(d\)\(1\)\(A\).
\(2\) Purposes.—The purposes of the National Scenic Area
are—
\(A\) to ensure the protection and preservation of the scenic
quality, water quality, natural characteristics, and water
resources of the National Scenic Area;
\(B\) to protect wildlife, fish, and plant habitat in the
National Scenic Area;
\(C\) to protect outstanding natural biological values and
habitat for plant and animal species along the Shenandoah
Mountain crest above 3,000 feet above sea level elevation,
including the Cow Knob salamander;
\(D\) to protect forests in the National Scenic Area that may
develop characteristics of old-growth forests;
\(E\) to protect the Wilderness Areas; and
\(F\) to provide for a variety of, and improve existing,
recreation settings and opportunities in the National Scenic
Area in a manner consistent with the purposes of the National
Scenic Area described in subparagraphs \(A\) through \(E\).
\(3\) Administration.—
\(A\) In general.—Except as provided in subparagraph \(B\),
the Secretary shall administer the National Scenic Area in
accordance with—
\(i\) this subsection; and
\(ii\) the laws \(including regulations\) generally applicable
to the National Forest System.
\(B\) Exception.—Subject to valid existing rights, the
Secretary shall administer the Wilderness Areas in accordance
with the Wilderness Act \(16 U.S.C. 1131 et seq.\) and any
other laws applicable to the Wilderness Areas, except that
any reference in that Act to the effective date of that Act
shall be considered to be a reference to the date of
enactment of this Act for purposes of administering the
Wilderness Areas.
\(C\) Effect; conflicts.—
\(i\) Effect.—The establishment of the National Scenic Area
shall not affect the administration of the Wilderness Areas.
\(ii\) Conflicts.—In the case of any conflict between the
laws applicable to the Wilderness Areas, the Wilderness Act
\(16 U.S.C. 1131 et seq.\) shall control.
\(D\) No buffer zones.—
\(i\) In general.—Nothing in this subsection creates a
protective perimeter or buffer zone around the National
Scenic Area or a Wilderness Area.
\(ii\) Activities outside national scenic area or wilderness
areas.—The fact that an activity or use on land outside the
National Scenic Area or a Wilderness Area can be seen or
heard by humans within the National Scenic Area or Wilderness
Area shall not preclude the activity or use outside the
boundaries of the National Scenic Area or Wilderness Area.
\(4\) Recreational uses.—
\(A\) In general.—Except as otherwise provided in this
subsection or under applicable law, the Secretary shall
authorize the continuation of, or seek to improve, authorized
recreational uses of the National Scenic Area in existence on
the date of enactment of this Act.
\(B\) Effect.—Nothing in this subsection interferes with the
authority of the Secretary—
\(i\) to maintain or improve nonmotorized trails and
recreation sites within the National Scenic Area;
\(ii\) to construct new nonmotorized trails and recreation
sites within the National Scenic Area;
\(iii\) to adjust recreational uses within the National
Scenic Area for reasons of sound resource management or
public safety; and
\(iv\) to evaluate applications for, and issue or deny,
special use authorizations in connection with recreation
within the National Scenic Area.
\(C\) Requirement.—Recreation within the National Scenic
Area shall be conducted in a manner consistent with the
purposes of the National Scenic Area described in paragraph
\(2\).
\(5\) National forest system trail plan.—
\(A\) In general.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a National
Forest System trail plan for National Forest System land in
the National Scenic Area that is not located in a Wilderness
Area in order to construct, maintain, and improve
nonmotorized recreation National Forest System trails in a
manner consistent with the purposes of the National Scenic
Area described in paragraph \(2\).
\(B\) Potential inclusion.—The Secretary may address in the
National Forest System trail plan developed under
subparagraph \(A\) National Forest System land that is near,
but not within the boundary of, the National Scenic Area.
\(C\) Public input.—In developing the National Forest System
trail plan under subparagraph \(A\), the Secretary shall seek
input from interested parties, including members of the
public.
\(D\) Requirements.—The National Forest System trail plan
developed under subparagraph \(A\) shall—
\(i\) promote sustainable trail management that protects
natural resources and provides diverse, high-quality
recreation opportunities, which may include loop trails for
nonmotorized uses;
\(ii\) consider natural resource protection, trail
sustainability, and trail maintenance needs as primary
factors in determining the location or relocation of National
Forest System trails; and
\(iii\) develop a National Forest System trail outside the
Little River Wilderness
Area in the area of the Tillman Road corridor \(along National
Forest System road 101\) to connect the Wolf Ridge Trail
parking area to the Wild Oak National Recreation Trail, as
generally depicted on the applicable map filed under
subsection \(d\)\(1\)\(B\), pending completion of the required
environmental analysis.
\(E\) Implementation report.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress a report that describes the implementation of the
National Forest System trail plan developed under
subparagraph \(A\), including the identification of the
National Forest System trail described in subparagraph
\(D\)\(iii\) and any other priority National Forest System trails
identified for development.
\(6\) Roads.—
\(A\) In general.—The establishment of the National Scenic
Area shall not—
\(i\) result in the closure of any National Forest System
roads, as generally depicted on the map filed under
subsection \(d\)\(1\)\(A\); or
\(ii\) modify public access within the National Scenic Area.
\(B\) No new roads.—No new roads shall be constructed in the
National Scenic Area after the date of enactment of this Act.
\(C\) Effect.—Nothing in this subsection—
\(i\) denies any owner of private land or an interest in
private land that is located within the National Scenic Area
the right to access the private land;
\(ii\) alters the authority of the Secretary to open or close
roads in the National Scenic Area in existence on the date of
enactment of this Act in furtherance of the purposes of this
section; or
\(iii\) alters the authority of the State—
\(I\) to maintain the access road to the crest of Shenandoah
Mountain \(Route 924\); or
\(II\) to realign the access road described in subclause \(I\)
if necessary for reasons of sound resource management or
public safety.
\(D\) Parking areas.—
\(i\) In general.—Subject to clause \(ii\), the
reconstruction, minor relocation, and construction of parking
areas and related facilities within the National Scenic Area
are authorized in a manner consistent with the purposes of
the National Scenic Area described in paragraph \(2\).
\(ii\) Limitation.—Additional trailhead parking areas
authorized in the National Scenic Area under clause \(i\) may
be constructed only along National Forest System roads.
\(7\) Motorized travel.—Motorized travel shall be allowed
only on roads within the portions of the National Scenic Area
that are not Wilderness Areas, in a manner consistent with
paragraph \(6\).
\(8\) Water.—The Secretary shall administer the National
Scenic Area in a manner that maintains and enhances water
quality.
\(9\) Water impoundments.—The establishment of the National
Scenic Area shall not prohibit—
\(A\) the operation, maintenance, or improvement of, or
access to, dams, reservoirs, or related infrastructure in
existence on the date of enactment of this Act, as generally
depicted on the map filed under subsection \(d\)\(1\)\(A\); or
\(B\) the establishment of new dams, reservoirs, or related
infrastructure if necessary for municipal use.
\(10\) Timber harvest.—
\(A\) In general.—Except as provided in subparagraph \(B\), no
harvesting of timber shall be allowed within the National
Scenic Area.
\(B\) Exceptions.—
\(i\) Necessary harvesting.—The Secretary may authorize
harvesting of timber in the National Scenic Area if the
Secretary determines that the harvesting is necessary—
\(I\) to control fire;
\(II\) to provide for public safety or trail access;
\(III\) to construct or maintain overlooks and vistas; or
\(IV\) to control insect or disease outbreaks.
\(ii\) Firewood for personal use.—Firewood may be harvested
for personal use along roads within the National Scenic Area,
subject to any conditions that the Secretary may require.
\(11\) Insect and disease outbreaks.—
\(A\) In general.—Subject to subparagraph \(B\), the Secretary
may carry out activities necessary to control insect and
disease outbreaks in a manner consistent with the purposes of
the National Scenic Area described in paragraph \(2\)—
\(i\) to maintain scenic quality;
\(ii\) to reduce hazards to visitors; or
\(iii\) to protect National Forest System land or private
land.
\(B\) Limitations.—For purposes of activities carried out
under subparagraph \(A\)—
\(i\) native forest insect and disease outbreaks shall be
controlled only—
\(I\) to prevent unacceptable damage to resources on adjacent
land; or
\(II\) to protect threatened, endangered, sensitive, or
locally rare species, with biological control methods being
favored; and
\(ii\) nonnative insects and diseases may be eradicated or
suppressed only in order to prevent a loss of a special
biological community.
\(12\) Vegetation management.—The Secretary may engage in
vegetation management practices within the National Scenic
Area in a manner consistent with the purposes of the National
Scenic Area described in paragraph \(2\)—
\(A\) to maintain wildlife clearings and scenic enhancements
in existence on the date of enactment of this Act; or
\(B\) to construct not more than 100 acres of additional
wildlife clearings by—
\(i\) expanding wildlife clearings in existence on the date
of enactment of this Act; or
\(ii\) constructing new wildlife clearings of approximately 2
to 5 acres.
\(13\) Wildfire suppression.—
\(A\) In general.—Nothing in this subsection prohibits the
Secretary, in cooperation with other Federal, State, and
local agencies, as appropriate, from carrying out wildfire
suppression activities within the National Scenic Area.
\(B\) Requirements.—Wildfire suppression activities within
the National Scenic Area shall be carried out—
\(i\) in a manner consistent with the purposes of the
National Scenic Area described in paragraph \(2\); and
\(ii\) using such means as the Secretary determines to be
appropriate.
\(14\) Prescribed fire.—Nothing in this section prohibits
the Secretary from conducting prescribed burns and necessary
burn unit preparation within the National Scenic Area in a
manner consistent with the purposes of the National Scenic
Area described in paragraph \(2\).
\(15\) Withdrawal.—
\(A\) In general.—Subject to valid existing rights, all
Federal land within the National Scenic Area is withdrawn
from—
\(i\) entry, appropriation, or disposal under the public land
laws;
\(ii\) location, entry, and patent under the mining laws;
\(iii\) operation of the mineral leasing and geothermal
leasing laws;
\(iv\) wind, solar, or other renewable energy development;
and
\(v\) designation of new utility corridors, utility rights-
of-way, or communications sites.
\(B\) Effect.—Consistent with paragraph \(6\)\(C\)\(i\), the
withdrawal under subparagraph \(A\) shall not deny access to
private land or an interest in private land within the
National Scenic Area.
\(16\) Management plan.—
\(A\) In general.—As soon as practicable after the date of
the completion of the National Forest System trail plan under
paragraph \(5\), but not later than 2 years after the date of
enactment of this Act, the Secretary shall develop as an
amendment to the land management plan for the George
Washington and Jefferson National Forests a management plan
for the National Scenic Area that is consistent with this
subsection.
\(B\) Effect.—Nothing in this paragraph requires the
Secretary to revise the land management plan for the George
Washington and Jefferson National Forests under section 6 of
the Forest and Rangeland Renewable Resources Planning Act of
1974 \(16 U.S.C. 1604\).
\(c\) Designation of Wilderness Areas.—Section 1 of Public
Law 100-326 \(16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat.
2057; 123 Stat. 1002\) \(as amended by section 1094B\(a\)\) is
amended by adding at the end the following:
“\(22\) Skidmore fork wilderness.—Certain National Forest
System land in the George Washington and Jefferson National
Forests comprising approximately 5,088 acres, as generally
depicted on the applicable map filed under section
1094G\(d\)\(1\)\(B\) of the Management of Federal Eastern Lands Act
of 2026, which shall be known as the \`Skidmore Fork
Wilderness'.
“\(23\) Ramseys draft wilderness addition.—Certain National
Forest System land in the George Washington and Jefferson
National Forests comprising approximately 6,961 acres, as
generally depicted on the applicable map filed under section
1094G\(d\)\(1\)\(B\) of the Management of Federal Eastern Lands Act
of 2026, which shall be incorporated into the Ramseys Draft
Wilderness designated by Public Law 98-586 \(16 U.S.C. 1132
note; 98 Stat. 3106\).
“\(24\) Lynn hollow wilderness.—Certain National Forest
System land in the George Washington and Jefferson National
Forests comprising approximately 3,568 acres, as generally
depicted on the applicable map filed under section
1094G\(d\)\(1\)\(B\) of the Management of Federal Eastern Lands Act
of 2026, which shall be known as the \`Lynn Hollow
Wilderness'.
“\(25\) Little river wilderness.—Certain National Forest
System land in the George Washington and Jefferson National
Forests comprising approximately 12,461 acres, as generally
depicted on the applicable map filed under section
1094G\(d\)\(1\)\(B\) of the Management of Federal Eastern Lands Act
of 2026, which shall be known as the \`Little River
Wilderness'.
“\(26\) Beech lick knob wilderness.—Certain National Forest
System land in the George Washington and Jefferson National
Forests comprising approximately 5,779 acres, as generally
depicted on the applicable map filed under section
1094G\(d\)\(1\)\(B\) of the Management of Federal Eastern Lands Act
of 2026, which shall be known as the \`Beech Lick Knob
Wilderness'.”.
\(d\) Maps and Boundary Descriptions.—
\(1\) Filing.—As soon as practicable after the date of
enactment of this Act, the Secretary shall file with the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Natural Resources and the
Committee on Agriculture of the House of Representatives maps
and boundary descriptions of—
\(A\) the National Scenic Area; and
\(B\) each of the Wilderness Areas.
\(2\) Force and effect.—The maps and boundary descriptions
filed under paragraph \(1\) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct clerical and typographical errors in the maps and
boundary descriptions.
\(3\) Maps control.—In the case of any discrepancy between
the acreage of the National Scenic Area or a Wilderness Area
and the applicable map filed under paragraph \(1\), the
applicable map filed under that paragraph shall control.
\(4\) Availability.—The maps and boundary descriptions filed
under paragraph \(1\) shall be on file and available for public
inspection in the office of the Chief of the Forest Service.
SEC. 1094H. FLATSIDE WILDERNESS ADDITIONS.
\(a\) Additions to Flatside Wilderness.—Section 3\(d\) of
Arkansas Wilderness Act of 1984 \(Public Law 98-508; 98 Stat.
2349\) is amended by inserting “and certain land in the
Ouachita National Forest, which comprise approximately 2,212
acres, generally depicted as \`Land Proposed for Wilderness
Designation' on the map titled \`Flatside Wilderness, Proposed
Addition Designation', dated November 12, 2024” after
“1984”.
\(b\) Fire, Insects, and Diseases.—Nothing in this section
or the amendment made by subsection \(a\) shall be construed to
limit the authority of the Secretary of Agriculture under
section 4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\),
in accordance with existing laws \(including regulations\).
\(c\) Designation of Wilderness Addition.—The wilderness
designated by section 3\(d\) of Arkansas Wilderness Act of 1984
\(Public Law 98-508; 98 Stat. 2349\), shall be known as the
“Flatside-Bethune Wilderness”. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to such portion of the Flatside Wilderness shall be
deemed to be a reference to the Flatside-Bethune Wilderness.
SEC. 1094I. TALLADEGA NATIONAL FOREST BOUNDARY MODIFICATION.
\(a\) In General.—The boundaries of the Talladega National
Forest are modified to include the land depicted on the map
entitled “Talladega National Forest Proposed Proclamation
Boundary Addition” and dated September 6, 2024.
\(b\) Map.—The map described in subsection \(a\) shall be on
file and available for public inspection in the appropriate
office of the Forest Service.
\(c\) Acquisitions.—
\(1\) In general.—Within the area delineated on the map
described in subsection \(a\), the Secretary of Agriculture may
use the land acquisition authorities applicable to the
National Forest System, including the Act of March 1, 1911
\(commonly known as the “Weeks Law”\) \(36 Stat. 961, chapter
186; 16 U.S.C. 552 et seq.\), to acquire land, waters, and
interests therein.
\(2\) Management.—Land acquired pursuant to paragraph \(1\)
shall be managed as land acquired under the Act of March 1,
1911 \(commonly known as the “Weeks Law”\) \(36 Stat. 961,
chapter 186; 16 U.S.C. 552 et seq.\), and in accordance with
all laws and regulations pertaining to the National Forest
System.
\(3\) Standards.—The Secretary shall ensure that any private
land or waters and any interest in private land or waters
acquired pursuant to paragraph \(1\) is acquired—
\(A\) from a willing seller by donation, exchange, or
purchase using donated or appropriated funds; and
\(B\) to the extent practicable, without undue delay.
SEC. 1094J. BENTON MACKAYE NATIONAL SCENIC TRAIL FEASIBILITY
STUDY.
\(a\) Findings.—Congress finds that the Benton MacKaye
Trail—
\(1\) is a scenic, nonmotorized trail that traverses
approximately 287 miles over some of the most renowned
forests and mountains in the States of Georgia, Tennessee,
and North Carolina;
\(2\) showcases a wide variety of scenic views, including
high-elevation peaks, mature forests, and secluded
waterfalls;
\(3\) passes through wilderness that is rich with
biodiversity;
\(4\) passes through six designated Wilderness Areas, the
Great Smoky Mountains National Park, and the Chattahoochee-
Oconee, Cherokee, and Nantahala National Forests;
\(5\) provides a wide array of easily accessible hikes for
novice and intermediate hikers, as well as more challenging
trails for backpacking;
\(6\) supports economic opportunities for numerous rural
communities which benefit from the visitors of the trail
spending their money on accommodations, food, and outdoor
supplies;
\(7\) runs from Springer Mountain in Georgia, through
Tennessee, and extends through the Great Smoky Mountains
National Park in North Carolina;
\(8\) is physically accessible; and
\(9\) can be maintained at a minimal cost because—
\(A\) the Benton MacKaye Trail has been maintained at its
current length since 2005;
\(B\) 95 percent of the Benton MacKaye Trail is located on
Federal land; and
\(C\) the Benton MacKaye Trail has been successfully
constructed, maintained, and managed by the Benton MacKaye
Trail Association since 1980.
\(b\) Benton Mackaye National Scenic Trail Feasibility
Study.—Section 5\(c\) of the National Trails System Act \(16
U.S.C. 1244\(c\)\) is amended by adding at the end the
following:
“\(50\) Benton mackaye trail.—
“\(A\) In general.—The Benton MacKaye Trail, a scenic,
nonmotorized trail that traverses approximately 287 miles in
the States of Georgia, Tennessee, and North Carolina.
“\(B\) Study.—Not later than 1 year after the date of
enactment of this paragraph, the Secretary of Agriculture, in
consultation with interested organizations, including the
Benton MacKaye Trail Association, shall complete and submit
to Congress the feasibility study for designating the Benton
MacKaye Trail as a national scenic trail.”.
SEC. 1094K. STRATTON RIDGE AIR FORCE MEMORIAL.
\(a\) In General.—With the consent of the owner of the
private land adjacent to the Cherohala Skyway in the State of
North Carolina on which there is located a memorial honoring
the 9 members of the Air Force crew of the C-141B transport
plane that crashed during a training mission over the
Cherokee and Nantahala National Forests on August 31, 1982
\(referred to in this section as the “memorial”\), and
subject to subsections \(b\) through \(e\), the Secretary of
Agriculture \(referred to in this section as the
“Secretary”\) may authorize, by special use authorization,
the installation and any maintenance associated with the
installation of the memorial at an appropriate site at the
Stratton Ridge rest area located at mile marker 2 on the
Cherohala Skyway in Graham County, North Carolina, in the
Nantahala National Forest.
\(b\) Site Approval.—The site at which the memorial is
installed under subsection \(a\) is subject to approval by the
Secretary, in concurrence with—
\(1\) the North Carolina Department of Transportation; and
\(2\) in a case in which the site is located adjacent to a
Federal-aid highway, the Administrator of the Federal Highway
Administration.
\(c\) Funding.—No Federal funds may be used to relocate,
install, or maintain the memorial under subsection \(a\).
\(d\) Costs.—The individual or entity requesting the
installation of the memorial on National Forest System land
under subsection \(a\) shall be responsible for the costs
associated with the use of National Forest System land for
the memorial, including the costs of—
\(1\) processing the application for the relocation;
\(2\) issuing a special use authorization for the memorial,
including the costs associated with any related environmental
analysis; and
\(3\) relocating, installing, and maintaining the memorial.
\(e\) Terms and Conditions.—The special use authorization
for the installation of the memorial under subsection \(a\) may
include any terms and conditions that are determined to be
appropriate by the Secretary, including a provision
preventing any enlargement or expansion of the memorial.
SEC. 1094L. AMENDMENT TO THE ACT OF JUNE 22, 1948.
Section 5 of the Act of June 22, 1948 \(commonly known as
the “Thye-Blatnik Act”\) \(62 Stat. 570, chapter 593; 16
U.S.C. 577g\), is amended by striking “of the fair appraised
value of such” and inserting “of the highest fair appraised
value, including historical fair appraised values, as
determined by the Secretary of Agriculture in accordance with
this section, of such”.
SEC. 1094M. CONVEYANCE OF SPECIFIED FOREST SERVICE PROPERTY
TO PERRY COUNTY, ARKANSAS.
\(a\) Required Conveyance.—Subject to this section, if the
County submits to the Secretary a written request for
conveyance of the property described in subsection \(b\) not
later than 180 days after the date of enactment of this Act,
the Secretary shall convey to the County all right, title,
and interest of the United States in and to the property
described in subsection \(b\).
\(b\) Description of Property.—
\(1\) In general.—The property referred to in subsection \(a\)
is the parcel of real property, including all land and
improvements, generally referred to as parcel 850-10555-001
in the urban property records of the County, consisting of
approximately 0.81 acres of Forest Service land located at
1069 Fourche Avenue, Perryville, Arkansas 72126.
\(2\) Survey.—The exact acreage and legal description of
land to be conveyed under subsection \(a\) shall be determined
by a survey satisfactory to the Secretary.
\(c\) Terms and Conditions.—The conveyance under subsection
\(a\) shall be—
\(1\) subject to valid existing rights;
\(2\) subject to reversion under subsection \(g\);
\(3\) made without consideration;
\(4\) made by quitclaim deed; and
\(5\) subject to such other terms and conditions as the
Secretary considers to be appropriate to protect the
interests of the United States.
\(d\) Costs of Conveyance.—As a condition of the conveyance
under subsection \(a\), the County shall pay all costs
associated with the conveyance, including the cost of—
\(1\) a survey, if necessary, under subsection \(b\)\(2\);
\(2\) any environmental analysis or resources survey required
under Federal law; and
\(3\) any analysis required to comply with division A of
subtitle III of title 54, United States Code \(commonly
referred to as the “National Historic Preservation Act”\).
\(e\) Environmental Conditions.—Notwithstanding section
120\(h\)\(3\)\(A\) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 \(42
U.S.C. 9620\(h\)\(3\)\(A\)\), the Secretary shall not be required to
provide any covenant or warranty for the property and
improvements conveyed to the County under subsection \(a\).
\(f\) Public Purposes Use.—The property conveyed under
subsection \(a\) shall be used only for public purposes, such
as supporting education and youth development.
\(g\) Reversion.—If the property conveyed under subsection
\(a\) ceases to be used in a manner consistent with subsection
\(f\), the property shall, at the discretion of the Secretary,
revert to the United States.
\(h\) Definitions.—In this section:
\(1\) County.—The term “County” means Perry County,
Arkansas.
\(2\) Secretary.—The term “Secretary” means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
SA 6075. Mrs. SHAHEEN \(for herself, Ms. Collins, Mr. Warnock, and Mr. Kennedy\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Insulin Act
SEC. 1099. SHORT TITLE; SENSE OF CONGRESS.
\(a\) Short Title.—This subtitle may be cited as the
“Improving Needed Safeguards for Users of Lifesaving Insulin
Now Act of 2026” or the “INSULIN Act of 2026”.
\(b\) Sense of Congress.—It is the sense of Congress that
Congress should enact subsequent legislation that provides
for an offset for any costs to the Federal Government
resulting from the enactment of this subtitle.
CHAPTER 1—COMMERCIAL MARKET PATIENT PROTECTIONS
SEC. 1099A. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
\(a\) In General.—Part D of title XXVII of the Public Health
Service Act \(42 U.S.C. 300gg-111 et seq.\) is amended by
adding at the end the following:
“SEC. 2799A-12. REQUIREMENTS WITH RESPECT TO COST-SHARING
FOR CERTAIN INSULIN PRODUCTS.
“\(a\) In General.—For plan years beginning on or after
January 1, 2027, a group health plan or health insurance
issuer offering group or individual health insurance coverage
shall provide coverage of selected insulin products, and with
respect to such products, shall not—
“\(1\) apply any deductible; or
“\(2\) impose any cost-sharing requirements in excess of,
per 30-day supply—
“\(A\) for any applicable plan year beginning before January
1, 2028, $35; or
“\(B\) for any plan year beginning on or after January 1,
2028, the lesser of—
“\(i\) $35; or
“\(ii\) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan or issuer,
including price concessions received by or on behalf of
third-party entities providing services to the plan or
issuer, such as pharmacy benefit management services or third
party administrators.
“\(b\) Definitions.—In this section:
“\(1\) Selected insulin products.—The term \`selected
insulin products' means, for any plan year beginning on or
after January 1, 2027, at least one of each dosage form \(such
as vial, pen, or inhaler dosage forms\) of each different type
\(such as rapid-acting, short-acting, intermediate-acting,
long-acting, and pre-mixed\) of insulin, when such form is
licensed and marketed, as selected by the group health plan
or health insurance issuer.
“\(2\) Insulin.—The term \`insulin' means insulin that is
licensed under subsection \(a\) or \(k\) of section 351 and
continues to be marketed pursuant to such licensure.
“\(c\) Out-of-Network Providers.—Nothing in this section
requires a plan or issuer that has a network of providers to
provide benefits for selected insulin products described in
this section that are delivered by an out-of-network
provider, or precludes a plan or issuer that has a network of
providers from imposing higher cost-sharing than the levels
specified in subsection \(a\) for selected insulin products
described in this section that are delivered by an out-of-
network provider.
“\(d\) Rule of Construction.—Subsection \(a\) shall not be
construed to require coverage of, or prevent a group health
plan or health insurance issuer from imposing cost-sharing
other than the levels specified in subsection \(a\) on, insulin
products that are not selected insulin products, to the
extent that such coverage is not otherwise required and such
cost-sharing is otherwise permitted under Federal and
applicable State law.
“\(e\) Application of Cost-Sharing Towards Deductibles and
Out-of-Pocket Maximums.—Any cost-sharing payments made
pursuant to subsection \(a\)\(2\) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan or coverage.
“\(f\) Other Requirements.—A group health plan or health
insurance issuer offering group or individual health
insurance coverage shall not impose, directly or through an
entity providing pharmacy benefit management services, any
prior authorization or other medical management requirement,
or other similar conditions, on selected insulin products,
except as clinically justified for safety reasons, to ensure
reasonable quantity limits and as specified by the
Secretary.”.
\(b\) No Effect on Other Cost-Sharing.—Section 1302\(d\)\(2\) of
the Patient Protection and Affordable Care Act \(42 U.S.C.
18022\(d\)\(2\)\) is amended by adding at the end the following
new subparagraph:
“\(D\) Special rule relating to insulin coverage.—For plans
years beginning on or after January 1, 2028, the exemption of
coverage of selected insulin products \(as defined in section
2799A-12\(b\) of the Public Health Service Act\) from the
application of any deductible pursuant to section 2799A-
12\(a\)\(1\) of such Act, section 727\(a\)\(1\) of the Employee
Retirement Income Security Act of 1974, or section 9827\(a\)\(1\)
of the Internal Revenue Code of 1986 shall not be considered
when determining the actuarial value of a qualified health
plan under this subsection.”.
\(c\) Coverage of Certain Insulin Products Under Catastrophic
Plans.—Section 1302\(e\) of the Patient Protection and
Affordable Care Act \(42 U.S.C. 18022\(e\)\) is amended by adding
at the end the following:
“\(4\) Coverage of certain insulin products.—
“\(A\) In general.—Notwithstanding paragraph \(1\)\(B\)\(i\), for
plan years beginning on or after January 1, 2027, a health
plan described in paragraph \(1\) shall provide coverage of
selected insulin products, in accordance with section 2799A-
12 of the Public Health Service Act, before an enrolled
individual has incurred, during the plan year, cost-sharing
expenses in an amount equal to the annual limitation in
effect under subsection \(c\)\(1\) for the plan year.
“\(B\) Terminology.—For purposes of subparagraph \(A\)—
“\(i\) the term \`selected insulin products' has the meaning
given such term in section 2799A-12\(b\) of the Public Health
Service Act; and
“\(ii\) the requirements of section 2799A-12 of such Act
shall be applied by deeming each reference in such section to
\`individual health insurance coverage' to be a reference to a
plan described in paragraph \(1\).”.
\(d\) ERISA.—
\(1\) In general.—Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 \(29
U.S.C. 1185 et seq.\) is amended by adding at the end the
following:
“SEC. 727. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
“\(a\) In General.—For plan years beginning on or after
January 1, 2027, a group health plan or health insurance
issuer offering group health insurance coverage shall provide
coverage of selected insulin products, and with respect to
such products, shall not—
“\(1\) apply any deductible; or
“\(2\) impose any cost-sharing requirements in excess of,
per 30-day supply—
“\(A\) for any applicable plan year beginning before January
1, 2028, $35; or
“\(B\) for any plan year beginning on or after January 1,
2028, the lesser of—
“\(i\) $35; or
“\(ii\) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan or issuer,
including price concessions received by or on behalf of
third-party entities providing services to the plan or
issuer, such as pharmacy benefit management services or third
party administrators.
“\(b\) Definitions.—In this section:
“\(1\) Selected insulin products.—The term \`selected
insulin products' means, for any plan year beginning on or
after January 1, 2027, at least one of each dosage form \(such
as vial, pen, or inhaler dosage forms\) of each different type
\(such as rapid-acting, short-acting, intermediate-acting,
long-acting, and pre-mixed\) of insulin, when such form is
licensed and marketed, as selected by the group health plan
or health insurance issuer.
“\(2\) Insulin.—The term \`insulin' means insulin that is
licensed under subsection \(a\) or \(k\) of section 351 of the
Public Health Service Act \(42 U.S.C. 262\) and continues to be
marketed pursuant to such licensure.
“\(c\) Out-of-Network Providers.—Nothing in this section
requires a plan or issuer that has a network of providers to
provide benefits for selected insulin products described in
this section that are delivered by an out-of-network
provider, or precludes a plan or issuer that has a network of
providers from imposing higher cost-sharing than the levels
specified in subsection \(a\) for selected insulin products
described in this section that are delivered by an out-of-
network provider.
“\(d\) Rule of Construction.—Subsection \(a\) shall not be
construed to require coverage of, or prevent a group health
plan or health insurance issuer from imposing cost-sharing
other than the levels specified in subsection \(a\) on, insulin
products that are not selected insulin products, to the
extent that such coverage is not otherwise required and such
cost-sharing is otherwise permitted under Federal and
applicable State law.
“\(e\) Application of Cost-Sharing Towards Deductibles and
Out-of-Pocket Maximums.—Any cost-sharing payments made
pursuant to subsection \(a\)\(2\) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan or coverage.
“\(f\) Other Requirements.—A group health plan or health
insurance issuer offering
group health insurance coverage shall not impose, directly or
through an entity providing pharmacy benefit management
services, any prior authorization or other medical management
requirement, or other similar conditions, on selected insulin
products, except as clinically justified for safety reasons,
to ensure reasonable quantity limits and as specified by the
Secretary.”.
\(2\) Clerical amendment.—The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 \(29
U.S.C. 1001 et seq.\) is amended by inserting after the item
relating to section 726 the following:
“Sec. 727. Requirements with respect to cost-sharing for certain
insulin products.”.
\(e\) Internal Revenue Code.—
\(1\) In general.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following:
“SEC. 9827. REQUIREMENTS WITH RESPECT TO COST-SHARING FOR
CERTAIN INSULIN PRODUCTS.
“\(a\) In General.—For plan years beginning on or after
January 1, 2027, a group health plan shall provide coverage
of selected insulin products, and with respect to such
products, shall not—
“\(1\) apply any deductible; or
“\(2\) impose any cost-sharing requirements in excess of,
per 30-day supply—
“\(A\) for any applicable plan year beginning before January
1, 2028, $35; or
“\(B\) for any plan year beginning on or after January 1,
2028, the lesser of—
“\(i\) $35; or
“\(ii\) the amount equal to 25 percent of the negotiated
price of the selected insulin product net of all price
concessions received by or on behalf of the plan, including
price concessions received by or on behalf of third-party
entities providing services to the plan, such as pharmacy
benefit management services or third party administrators.
“\(b\) Definitions.—In this section:
“\(1\) Selected insulin products.—The term \`selected
insulin products' means, for any plan year beginning on or
after January 1, 2027, at least one of each dosage form \(such
as vial, pen, or inhaler dosage forms\) of each different type
\(such as rapid-acting, short-acting, intermediate-acting,
long-acting, and pre-mixed\) of insulin, when such form is
licensed and marketed, as selected by the group health plan.
“\(2\) Insulin.—The term \`insulin' means insulin that is
licensed under subsection \(a\) or \(k\) of section 351 of the
Public Health Service Act \(42 U.S.C. 262\) and continues to be
marketed pursuant to such licensure.
“\(c\) Out-of-Network Providers.—Nothing in this section
requires a plan that has a network of providers to provide
benefits for selected insulin products described in this
section that are delivered by an out-of-network provider, or
precludes a plan that has a network of providers from
imposing higher cost-sharing than the levels specified in
subsection \(a\) for selected insulin products described in
this section that are delivered by an out-of-network
provider.
“\(d\) Rule of Construction.—Subsection \(a\) shall not be
construed to require coverage of, or prevent a group health
plan from imposing cost-sharing other than the levels
specified in subsection \(a\) on, insulin products that are not
selected insulin products, to the extent that such coverage
is not otherwise required and such cost-sharing is otherwise
permitted under Federal and applicable State law.
“\(e\) Application of Cost-Sharing Towards Deductibles and
Out-of-Pocket Maximums.—Any cost-sharing payments made
pursuant to subsection \(a\)\(2\) shall be counted toward any
deductible or out-of-pocket maximum that applies under the
plan.
“\(f\) Other Requirements.—A group health plan shall not
impose, directly or through an entity providing pharmacy
benefit management services, any prior authorization or other
medical management requirement, or other similar conditions,
on selected insulin products, except as clinically justified
for safety reasons, to ensure reasonable quantity limits and
as specified by the Secretary”.
\(2\) Clerical amendment.—The table of sections for
subchapter B of chapter 100 of such Code is amended by adding
at the end the following new item:
“Sec. 9827. Requirements with respect to cost-sharing for certain
insulin products.”.
SEC. 1099A-1. APPLICATION TO RETIREE AND CERTAIN SMALL GROUP
PLANS.
\(a\) ERISA.—Section 732\(a\) of the Employee Retirement
Income Security Act of 1974 \(29 U.S.C. 1191a\(a\)\) is amended
by striking “and 726” and inserting “726, and 727”.
\(b\) IRC.—The Internal Revenue Code of 1986 is amended—
\(1\) in section 9831\(a\)\(2\), by striking “section 9826” and
inserting “sections 9826 and 9827”; and
\(2\) in section 4980D\(d\)\(1\), by striking “section 9811”
and inserting “section 9811 or 9827”.
SEC. 1099A-2. ADMINISTRATION.
\(a\) Implementation.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services, the
Secretary of Labor, and the Secretary of the Treasury may
implement the provisions of, including the amendments made
by, this chapter for plan years that begin on or after
January 1, 2027, and end not later than January 1, 2030, by
subregulatory guidance, program instruction, or otherwise.
\(b\) Non-Application of the Paperwork Reduction Act.—
Chapter 35 of title 44, United States Code \(commonly referred
to as the “Paperwork Reduction Act of 1995”\), shall not
apply to the provisions of, including the amendments made by,
this chapter.
CHAPTER 2—PHARMACY BENEFIT MANAGER TRANSPARENCY AND REBATE REFORM
SEC. 1099B. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
\(a\) PHSA.—Part D of title XXVII of the Public Health
Service Act \(42 U.S.C. 300gg-111 et seq.\), as amended by
section 1099A, is further amended by adding at the end the
following:
“SEC. 2799A-13. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
“\(a\) In General.—A pharmacy benefits manager, a third-
party administrator of a group health plan, a health
insurance issuer offering group health insurance coverage, or
an entity providing pharmacy benefits management services
under such health plan or health insurance coverage shall
remit 100 percent of rebates, fees, alternative discounts,
and all other remuneration received from a pharmaceutical
manufacturer, distributor or any other third party, that are
related to utilization of insulin under such health plan or
health insurance coverage, to the group health plan.
“\(b\) Form and Manner of Remittance.—Such rebates, fees,
alternative discounts, and other remuneration shall be—
“\(1\) remitted to the group health plan in a timely fashion
after the period for which such rebates, fees, or other
remuneration is calculated, and in no case later than 90 days
after the end of such period;
“\(2\) fully disclosed and enumerated to the group health
plan sponsor; and
“\(3\) available for audit by the plan sponsor, or a third-
party designated by a plan sponsor no less than once per plan
year.”.
\(b\) ERISA.—
\(1\) In general.—Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 \(29
U.S.C. 1185 et seq.\), as amended by section 1099A, is further
amended by adding at the end the following:
“SEC. 728. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
“\(a\) In General.—A pharmacy benefits manager, a third-
party administrator of a group health plan, a health
insurance issuer offering group health insurance coverage, or
an entity providing pharmacy benefits management services
under such health plan or health insurance coverage shall
remit 100 percent of rebates, fees, alternative discounts,
and all other remuneration received from a pharmaceutical
manufacturer, distributor or any other third party, that are
related to utilization of insulin under such health plan or
health insurance coverage, to the group health plan.
“\(b\) Form and Manner of Remittance.—Such rebates, fees,
alternative discounts, and other remuneration shall be—
“\(1\) remitted to the group health plan in a timely fashion
after the period for which such rebates, fees, or other
remuneration is calculated, and in no case later than 90 days
after the end of such period;
“\(2\) fully disclosed and enumerated to the group health
plan sponsor; and
“\(3\) available for audit by the plan sponsor, or a third-
party designated by a plan sponsor no less than once per plan
year.”.
\(2\) Clerical amendment.—The table of contents in section 1
of the Employee Retirement Income Security Act of 1974 \(29
U.S.C. 1001 et seq.\), as amended by section 1099A, is further
amended by inserting after the item relating to section 727
the following:
“Sec. 728. Full rebate on insulin pass-through to plan.”.
\(c\) Internal Revenue Code.—
\(1\) In general.—Subchapter B of chapter 100 of the
Internal Revenue Code of 1986, as amended by section 1099A,
is further amended by adding at the end the following new
section:
“SEC. 9828. FULL REBATE ON INSULIN PASS-THROUGH TO PLAN.
“\(a\) In General.—A pharmacy benefits manager, a third-
party administrator of a group health plan, or an entity
providing pharmacy benefits management services under such
health plan shall remit 100 percent of rebates, fees,
alternative discounts, and all other remuneration received
from a pharmaceutical manufacturer, distributor or any other
third party, that are related to utilization of insulin under
such health plan, to the group health plan.
“\(b\) Form and Manner of Remittance.—Such rebates, fees,
alternative discounts, and other remuneration shall be—
“\(1\) remitted to the group health plan in a timely fashion
after the period for which such rebates, fees, or other
remuneration is calculated, and in no case later than 90 days
after the end of such period;
“\(2\) fully disclosed and enumerated to the group health
plan sponsor; and
“\(3\) available for audit by the plan sponsor, or a third-
party designated by a plan sponsor no less than once per plan
year.”.
\(2\) Clerical amendment.—The table of sections for
subchapter B of chapter 100 of such Code, as amended by
section 1099A, is further amended by adding at the end the
following new item:
“Sec. 9828. Full rebate on insulin pass-through to plan.”.
CHAPTER 3—BIOSIMILAR BIOLOGICAL PRODUCT AND GENERIC DRUG COMPETITION
AND AFFORDABILITY
SEC. 1099C. ENSURING TIMELY ACCESS TO GENERICS.
Section 505\(q\) of the Federal Food, Drug, and Cosmetic Act
\(21 U.S.C. 355\(q\)\) is amended—
\(1\) in paragraph \(1\)—
\(A\) in subparagraph \(A\)\(i\), by inserting “, 10.31,” after
“10.30”;
\(B\) in subparagraph \(E\)—
\(i\) by striking “application and” and inserting
“application or”;
\(ii\) by striking “If the Secretary” and inserting the
following:
“\(i\) In general.—If the Secretary”; and
\(iii\) by striking the second sentence and inserting the
following:
“\(ii\) Primary purpose of delaying.—
“\(I\) In general.—In determining whether a petition was
submitted with the primary purpose of delaying an
application, the Secretary may consider the following
factors:
“\(aa\) Whether the petition was submitted in accordance
with paragraph \(2\)\(B\), based on when the petitioner knew or
reasonably should have known the relevant information relied
upon to form the basis of such petition.
“\(bb\) Whether the petitioner has submitted multiple or
serial petitions or supplements to petitions raising issues
that reasonably could have been known to the petitioner at
the time of submission of the earlier petition or petitions.
“\(cc\) Whether the petition was submitted close in time to
a known, first date upon which an application under
subsection \(b\)\(2\) or \(j\) of this section or section 351\(k\) of
the Public Health Service Act could be approved.
“\(dd\) Whether the petition was submitted without relevant
data or information in support of the scientific positions
forming the basis of such petition.
“\(ee\) Whether the petition raises the same or
substantially similar issues as a prior petition to which the
Secretary has responded substantively already, including if
the subsequent submission follows such response from the
Secretary closely in time.
“\(ff\) Whether the petition requests changing the
applicable standards that other applicants are required to
meet, including requesting testing, data, or labeling
standards that are more onerous or rigorous than the
standards the Secretary has determined to be applicable to
the listed drug, reference product, or petitioner's version
of the same drug.
“\(gg\) The petitioner's record of submitting petitions to
the Food and Drug Administration that have been determined by
the Secretary to have been submitted with the primary purpose
of delay.
“\(hh\) Other relevant and appropriate factors, which the
Secretary shall describe in guidance.
“\(II\) Guidance.—The Secretary may issue or update
guidance, as appropriate, to describe factors the Secretary
considers in accordance with subclause \(I\).”;
\(C\) by adding at the end the following:
“\(iii\) Referral to the federal trade commission.—The
Secretary shall establish procedures for referring to the
Federal Trade Commission any petition or supplement to a
petition that the Secretary determines was submitted with the
primary purpose of delaying approval of an application. Such
procedures shall include notification to the petitioner by
the Secretary.”;
\(D\) by striking subparagraph \(F\);
\(E\) by redesignating subparagraphs \(G\) through \(I\) as
subparagraphs \(F\) through \(H\), respectively; and
\(F\) in subparagraph \(H\), as so redesignated, by striking
“submission of this petition” and inserting “submission of
this document”;
\(2\) in paragraph \(2\)—
\(A\) by redesignating subparagraphs \(A\) through \(C\) as
subparagraphs \(C\) through \(E\), respectively;
\(B\) by inserting before subparagraph \(C\), as so
redesignated, the following:
“\(A\) In general.—A person shall submit a petition to the
Secretary under paragraph \(1\) before filing a civil action in
which the person seeks to set aside, delay, rescind,
withdraw, or prevent submission, review, or approval of an
application submitted under subsection \(b\)\(2\) or \(j\) of this
section or section 351\(k\) of the Public Health Service Act.
Such petition and any supplement to such a petition shall
describe all information and arguments that form the basis of
the relief requested in any civil action described in the
previous sentence.
“\(B\) Timely submission of citizen petition.—A petition
and any supplement to a petition shall be submitted within 60
days after the person knew, or reasonably should have known,
the information that forms the basis of the request made in
the petition or supplement.”;
\(C\) in subparagraph \(C\), as so redesignated—
\(i\) in the heading, by striking “within 150 days”;
\(ii\) in clause \(i\), by striking “during the 150-day period
referred to in paragraph \(1\)\(F\),”; and
\(iii\) by amending clause \(ii\) to read as follows:
“\(ii\) on or after the date that is 151 days after the date
of submission of the petition, the Secretary approves or has
approved the application that is the subject of the petition
without having made such a final decision.”;
\(D\) by amending subparagraph \(D\), as so redesignated, to
read as follows:
“\(D\) Dismissal of certain civil actions.—
“\(i\) Petition.—If a person files a civil action against
the Secretary in which a person seeks to set aside, delay,
rescind, withdraw, or prevent submission, review, or approval
of an application submitted under subsection \(b\)\(2\) or \(j\) of
this section or section 351\(k\) of the Public Health Service
Act without complying with the requirements of subparagraph
\(A\), the court shall dismiss without prejudice the action for
failure to exhaust administrative remedies.
“\(ii\) Timeliness.—If a person files a civil action
against the Secretary in which a person seeks to set aside,
delay, rescind, withdraw, or prevent submission, review, or
approval of an application submitted under subsection \(b\)\(2\)
or \(j\) of this section or section 351\(k\) of the Public Health
Service Act without complying with the requirements of
subparagraph \(B\), the court shall dismiss with prejudice the
action for failure to timely file a petition.
“\(iii\) Final response.—If a civil action is filed against
the Secretary with respect to any issue raised in a petition
timely filed under paragraph \(1\) in which the petitioner
requests that the Secretary take any form of action that
could, if taken, set aside, delay, rescind, withdraw, or
prevent submission, review, or approval of an application
submitted under subsection \(b\)\(2\) or \(j\) of this section or
section 351\(k\) of the Public Health Service Act before the
Secretary has taken final agency action on the petition
within the meaning of subparagraph \(C\), the court shall
dismiss without prejudice the action for failure to exhaust
administrative remedies.”; and
\(E\) in clause \(iii\) of subparagraph \(E\), as so
redesignated, by striking “as defined under subparagraph
\(2\)\(A\)” and inserting “within the meaning of subparagraph
\(C\)”; and
\(3\) in paragraph \(4\)—
\(A\) by striking “Exceptions” and all that follows through
“This subsection does” and inserting “Exceptions.—This
subsection does”;
\(B\) by striking subparagraph \(B\); and
\(C\) by redesignating clauses \(i\) and \(ii\) as subparagraphs
\(A\) and \(B\), respectively, and adjusting the margins
accordingly.
SEC. 1099C-1. EXPEDITING COMPETITIVE BIOSIMILAR COMPETITION.
\(a\) In General.—Section 351\(k\) of the Public Health
Service Act \(42 U.S.C. 262\(k\)\) is amended by adding at the
end the following:
“\(10\) Expediting competitive biosimilar competition.—
“\(A\) In general.—The Secretary may, at the request of the
sponsor of an application under this subsection for a
biosimilar biological product that is designated as a
competitive biosimilar therapy pursuant to subsection \(b\),
expedite the development and review of such application under
this subsection.
“\(B\) Designation process.—
“\(i\) Request.—The sponsor of an application under this
subsection may request the Secretary to designate the drug as
a competitive biosimilar therapy. A request for such
designation may be made concurrently with, or at any time
prior to, the submission of a biosimilar biological product
license application under this subsection.
“\(ii\) Criteria.—A biological product is eligible for
designation as a competitive biosimilar therapy under this
paragraph if the Secretary determines that there is
inadequate biosimilar competition.
“\(iii\) Designation.—Not later than 60 calendar days after
the receipt of a request under clause \(i\), the Secretary
may—
“\(I\) determine whether the biosimilar biological product
that is the subject of the request meets the criteria
described in clause \(ii\); and
“\(II\) if the Secretary finds that such product meets such
criteria, designate the biosimilar biological product as a
competitive biosimilar therapy.
“\(C\) Actions.—In expediting the development and review of
an application under subparagraph \(A\), the Secretary may, as
requested by the applicant, take actions including the
following:
“\(i\) Hold meetings with the sponsor and the review team
throughout the development of the biosimilar biological
product prior to submission of the application under this
subsection.
“\(ii\) Provide timely advice to, and interactive
communication with, the sponsor regarding the development of
the drug to ensure that the development program to gather the
data necessary for approval is as efficient as practicable.
“\(iii\) Involve senior managers and experienced review
staff, as appropriate, in a collaborative, coordinated review
of such application, including with respect to biological
product-device combination products and other complex
products.
“\(iv\) Assign a cross-disciplinary project lead—
“\(I\) to facilitate an efficient review of the development
program and application, including manufacturing inspections;
and
“\(II\) to serve as a scientific liaison between the review
team and the applicant.
“\(D\) Inspections.—With respect to an application
described in subparagraph \(A\), in the case of an inspection
report that finds approval of such biological product is
dependent upon remediation of a facility, if the applicant
attests that necessary changes have been made to the
facility, the Secretary shall expedite reinspection of such
facility, including establishing a set timeline to reinspect
the facility or make a determination
about the response of the applicant and whether to approve
the application.
“\(E\) Reporting requirement.—Not later than 1 year after
the date of licensure under this subsection with respect to a
biosimilar biological product for which the development and
review is expedited under this paragraph, the holder of the
license of such biosimilar biological product shall report to
the Secretary on whether the biosimilar biological product
has been marketed in interstate commerce since the date of
such licensure.
“\(F\) Inadequate biosimilar competition.—In this
paragraph, the term \`inadequate biosimilar competition'
means, with respect to a biological product, there are fewer
than 3 licensed biological products on the list published
under paragraph \(9\)\(A\) \(not including biological products on
the discontinued section of such list\) that are biosimilar
biological products with the same reference product.”.
SEC. 1099C-2. INSULIN COMPETITION REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Secretary of Health and Human Services, in
collaboration with the Administrator for the Centers for
Medicare & Medicaid Services and the Commissioner of Food and
Drugs, shall—
\(1\) complete a study to determine the extent of, and causes
of, delays in getting insulin products to market, and the
market dynamics and extent biosimilar biological product
development and competition could increase, or is increasing,
the number of biological products approved and available to
patients, including by examining barriers to—
\(A\) placement of biosimilar biological products on health
insurance formularies;
\(B\) market entry of insulin product in the United States,
as compared to other highly developed nations; and
\(C\) patient and provider education around biosimilar
biological products; and
\(2\) submit a report to Congress that describes the results
of the study conducted pursuant to paragraph \(1\) and
recommended policy solutions.
CHAPTER 4—PROGRAMS FOR PROVIDING AFFORDABLE INSULIN TO UNINSURED
INDIVIDUALS
SEC. 1099D. PILOT PROGRAM FOR PROVIDING AFFORDABLE INSULIN TO
UNINSURED INDIVIDUALS.
Part P of title III of the Public Health Service Act \(42
U.S.C. 280g et seq.\) is amended by adding at the end the
following:
“SEC. 399V-8. PILOT PROGRAM FOR PROVIDING AFFORDABLE INSULIN
TO UNINSURED INDIVIDUALS.
“\(a\) In General.—The Secretary shall conduct a 5-year
pilot program under which the Secretary awards grants to 10
States for purposes of providing affordable insulin to
uninsured individuals.
“\(b\) Awards.—The Secretary shall award grants under this
section to 10 States that—
“\(1\) submit an application to the Secretary, at such time,
in such manner, and containing such information as the
Secretary may require; and
“\(2\) have high rates of uninsured individuals and
individuals diagnosed with diabetes, which may include high
rates of newly diagnosed diabetes.
“\(c\) Use of Funds.—A State shall use the grant funds
received under this section for any of the following
purposes:
“\(1\) To assist in the purchase or dispensing of insulin,
through Federally-qualified health centers and retail
community pharmacies, for uninsured individuals.
“\(2\) To enroll individuals in programs under which drug
manufacturers provide financial or medication assistance to
low-income individuals, in order to assist such individuals
in obtaining insulin.
“\(3\) To allow Federally-qualified health centers to
establish new, or maintain or expand existing, on-site
pharmacies owned and operated by the health center that
provide low-cost insulin to patients, and to allow retail
community pharmacies to provide low-cost insulin to patients.
“\(4\) To engage in other activities to assist uninsured
individuals in obtaining insulin, as the Secretary determines
appropriate.
“\(d\) Formula.—The Secretary shall establish a formula for
purposes of determining the grant amount under this section
for each State. Such formula shall—
“\(1\) provide for a minimum amount that will be provided to
each State; and
“\(2\) take into account the rates of individuals with type
1 or type 2, insulin-dependent diabetes and of uninsured
individuals in each State for purposes of determining any
additional amounts provided to a State.
“\(e\) Accountability and Oversight.—A State receiving a
grant under this section shall, not later than 1 year after
receiving the grant, submit a report to the Secretary that
includes—
“\(1\) a description of the purposes for which the grant
funds received by the State were expended in the preceding
fiscal year, and the activities of the State under the grant
during such year; and
“\(2\) the number of individuals served through the grant.
“\(f\) Definitions.—In this section:
“\(1\) Affordable.—The term \`affordable', with respect to
insulin, means that the out-of-pocket cost to the individual
for the insulin is not more than $35 per 1-month supply.
“\(2\) Federally-qualified health center.—The term
\`Federally-qualified health center' has the meaning given
such term in section 1905\(l\)\(2\) of the Social Security Act.
“\(3\) Insulin.—The term \`insulin' means insulin that is
licensed under subsection \(a\) or \(k\) of section 351 and
continues to be marketed under such section.
“\(4\) Retail community pharmacy.—The term \`retail
community pharmacy' has the meaning given such term in
section 1927\(k\)\(10\) of the Social Security Act.
“\(5\) Uninsured individual.—The term \`uninsured
individual' means an individual who—
“\(A\) is a citizen of the United States or a qualified
alien \(as defined in section 431\(b\) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996\);
“\(B\) does not qualify for coverage under a Federal health
care program \(as defined in section 1128B\(f\) of the Social
Security Act\), the health program established under chapter
89 of title 5, United States Code, or a group health plan or
group health insurance coverage \(as defined in section 2791\);
and
“\(C\) is not entitled to a premium assistance tax credit
under section 36B of the Internal Revenue Code of 1986.
“\(g\) Authorization of Appropriations.—To carry out this
section, there is authorized to be appropriated $100,000,000
for fiscal year 2027, to remain available until expended.”.
SEC. 1099D-1. GAO STUDY ON UNINSURED INDIVIDUALS WHO USE
INSULIN.
\(a\) In General.—The Comptroller General of the United
States shall conduct a study, in consultation with patient,
clinical, and provider groups and other experts, and not
later than 2 years after the date of enactment of this Act,
issue a report, on the characteristics of uninsured
individuals who use insulin. Such study and report shall, to
the extent data is available, include consideration of—
\(1\) any States or regions in which there is a higher
prevalence of such individuals;
\(2\) any identifiable potential reasons for uninsured
status;
\(3\) demographic characteristics of such individuals, such
as race and ethnicity; and
\(4\) income level of such individuals.
\(b\) Definitions.—In this section, the terms “insulin”
and “uninsured individual” have the meanings given such
terms in section 399V-8 of the Public Health Service Act, as
added by section 1099D.
SEC. 1099D-2. INSULIN RESOURCE CENTER AND HOTLINE FOR
UNINSURED INDIVIDUALS.
\(a\) In General.—The Secretary of Health and Human Services
\(referred to in this section as the “Secretary”\) shall
award a grant to an eligible entity for purposes of—
\(1\) establishing and maintaining a resource center of
assistance programs offered by manufactures or other entities
that are available to uninsured individuals seeking
affordable insulin; and
\(2\) conducting the public education activities described in
subsection \(c\)\(7\).
\(b\) Eligible Entities.—To be eligible to receive the grant
under subsection \(a\), an entity shall—
\(1\) be a trade, industry, or professional association,
community- and consumer-focused nonprofit entity, or other
entity, as determined by the Secretary that—
\(A\) is capable of carrying out the duties described in
subsection \(c\);
\(B\) meets the standards described in subsection \(e\); and
\(C\) provides information consistent with the standards
developed under subsection \(f\); and
\(2\) submit an application to the Secretary, at such time,
in such manner, and containing such information as the
Secretary may require, including information demonstrating
that the entity—
\(A\) has existing relationships, or could readily establish
relationships, with consumers \(including uninsured
individuals\), health care providers, manufacturers of
insulin, social service providers, pharmacies, and other
experts that the Secretary determines appropriate, to meet
the goals of this section; and
\(B\) has, or will establish, partnerships with, and solicit
feedback from, other entities in other industries,
professional associations, and community- and consumer-
focused nonprofit organizations, to meet the goals of this
section.
\(c\) Duties.—An entity that receives a grant under this
section shall—
\(1\) distribute fair and impartial information concerning
eligibility for manufacturer, foundational, and other
assistance programs available to patients seeking affordable
insulin;
\(2\) facilitate enrollment in manufacturer assistance
programs or other assistance programs for uninsured
individuals;
\(3\) make available to the public, through a standardized
website, a clearinghouse of support available to patients,
including—
\(A\) a link to Federally-qualified health centers and other
providers, by ZIP Code;
\(B\) a link to retail community pharmacies, by ZIP Code; and
\(C\) information about how to enroll in health insurance;
\(4\) provide information in a manner that is culturally and
linguistically appropriate;
\(5\) establish a hotline through which individuals may reach
experts with questions about access to insulin, and that—
\(A\) is a 24/7 real-time hotline;
\(B\) provides voice and text support; and
\(C\) is staffed by navigators or licensed health care
professionals;
\(6\) provide guidance to hospitals on how to share the
website and hotline with patients; and
\(7\) conduct public education activities, in collaboration
with the Department of Health and Human Services, to raise
awareness of the availability of all manufacturer,
foundational, and other assistance programs available to
patients seeking affordable insulin, with a focus on
uninsured individuals; including by—
\(A\) partnering with community health centers, hospitals,
retail community pharmacies, and community-based
organizations with a focus on access to affordable medicine;
and
\(B\) working with State and local health departments to
target the programs carried out using the grant to
underserved communities.
\(d\) Duties of the Secretary.—The Secretary shall—
\(1\) ensure adequate maintenance of the resource center
established by the entity receiving a grant under subsection
\(a\);
\(2\) publicize such resource center on the website of the
Department of Health and Human Services and across Federal
agencies, as the Secretary determines appropriate; and
\(3\) ensure that such resource center meets the standards
under subsection \(e\), and withdraw the grant and make an
award to a different eligible entity in the case that an
eligible entity fails to meet such standards.
\(e\) Standards.—The Secretary shall establish standards for
the resource center under this section, including provisions
to ensure that the entity receiving a grant under this
section is qualified to engage in the activities described in
this section and to avoid conflicts of interest. Under such
standards, such entity—
\(1\) shall not—
\(A\) be a manufacturer of insulin products; or
\(B\) receive any consideration directly or indirectly from
any manufacturer of insulin products in connection with the
enrollment of any individuals in an assistance program; and
\(2\) shall provide information that is fair, accurate, and
impartial.
\(f\) Data Collection and Evaluations.—The Secretary may
collect data and conduct evaluations with respect to the
services provided by the resource center described in this
section for purposes of assessing the extent to which the
provision of the services—
\(1\) reduces out of pocket insulin costs for uninsured
individuals;
\(2\) increases awareness of assistance programs or
foundational support available for uninsured individuals; and
\(3\) improves utilization of the resources described in
paragraph \(2\) by uninsured individuals.
\(g\) Reports to Congress.—The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee
on Energy and Commerce and the Committee on Appropriations of
the House of Representatives, and make publicly available,
annual reports on the activities carried out under this
section, including any changes in the availability or scope
of assistance programs offered by insulin manufacturers and
information about the number of individuals who use the
resource center, including the website or hotline.
\(h\) Definitions.—In this section—
\(1\) the term “assistance program” means a program to
assist patients in obtaining a drug at a reduced cost, and
includes third-party payments, financial assistance,
discounts, product vouchers, and other reductions in out-of-
pocket expenses;
\(2\) the term “Federally-qualified health center” has the
meaning given such term in section 1905\(l\)\(2\) of the Social
Security Act \(42 U.S.C. 1396d\(l\)\(2\)\);
\(3\) the term “insulin” means insulin that is licensed
under subsection \(a\) or \(k\) of section 351 of the Public
Health Service Act \(42 U.S.C. 262\) and continues to be
marketed pursuant to such licensure;
\(4\) the term “retail community pharmacy” has the meaning
given such term in section 1927\(k\)\(10\) of the Social Security
Act \(42 U.S.C. 1396r-8\(k\)\(10\); and
\(5\) the term “uninsured individual” means an individual
who—
\(A\) does not qualify for coverage under a Federal health
care program \(as defined in section 1128B\(f\) of the Social
Security Act \(42 U.S.C. 1320a-7b\(f\)\)\), the health program
established under chapter 89 of title 5, United States Code,
or a group health plan or group health insurance coverage \(as
defined in section 2791 of the Public Health Service Act \(42
U.S.C. 300gg-91\)\); and
\(B\) is not entitled to a premium assistance tax credit
under section 36B of the Internal Revenue Code of 1986.
\(i\) Funding.—To carry out this section, there are
authorized to be appropriated $2,000,000 for each of fiscal
years 2027 through 2032.
SA 6076. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. \_\_. PROHIBITION ON USE OF FUNDS TO LIMIT COLLECTIVE
BARGAINING.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2027 may be used to implement Executive Order
14251 \(90 Fed. Reg. 14553; relating to exclusions from
Federal labor-management relations programs\) or any related
policy or guidance.
SA 6077. Mrs. SHAHEEN \(for herself and Mr. Grassley\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . KEEPING DRUGS OUT OF SCHOOLS.
\(a\) Definitions.—In this section:
\(1\) Director.—The term “Director” means the Director of
the Office of National Drug Control Policy.
\(2\) Drug-free communities funded coalition.—The term
“Drug-Free Communities funded coalition” means a recipient
of a grant under section 1032 of the Anti-Drug Abuse Act of
1988 \(21 U.S.C. 1532\).
\(3\) Effective drug prevention programs.—The term
“effective drug prevention programs”, with respect to a
school-community partnership between a Drug-Free Communities
funded coalition and a local school, means strategies,
policies, and activities that—
\(A\) are tailored to meet the needs of the student
population of the school, based on the environment of the
school and the community surrounding the school; and
\(B\) prevent and reduce substance use and misuse among local
youth.
\(4\) Eligible entity.—The term “eligible entity” means a
coalition \(within the meaning of section 1032 of the Anti-
Drug Abuse Act of 1988 \(21 U.S.C. 1532\)\) that—
\(A\) receives or has received a grant under subchapter I of
chapter 2 of title I of the Anti-Drug Abuse Act of 1988 \(21
U.S.C. 1523 et seq.\); and
\(B\) has a memorandum of understanding in effect with not
less than 1 local school to establish a school-community
partnership.
\(5\) Local school.—The term “local school” means an
elementary, middle, or high school located in an area served
by an eligible entity.
\(6\) School-community partnership.—The term “school-
community partnership” means a partnership between a Drug-
Free Communities funded coalition and not less than 1 local
school for the purpose of implementing effective drug
prevention programs.
\(7\) Substance use and misuse.—The term “substance use and
misuse”—
\(A\) has the meaning given the term in paragraph \(9\) of
section 1023 of the Anti-Drug Abuse Act of 1988 \(21 U.S.C.
1523\); and
\(B\) includes the use of electronic or other delivery
mechanisms to consume a substance described in subparagraph
\(A\), \(B\), or \(C\) of that paragraph.
\(b\) Grants Authorized.—
\(1\) In general.—
\(A\) Initial grants.—Subject to paragraph \(2\), the Director
may award grants to eligible entities for the purpose of
implementing a school-community partnership.
\(B\) Renewal grants.—Subject to paragraph \(2\), the Director
may award to an eligible entity who has received a grant
under subparagraph \(A\) an additional grant for each fiscal
year during the 3-fiscal-year period following the fiscal
year for which the grant was awarded under subparagraph \(A\),
for the purpose of continuing the school-community
partnership.
\(2\) Limitations.—
\(A\) Amount.—The amount of a grant under this subsection
may not exceed $75,000 for a fiscal year.
\(B\) Recipients.—Not more than 1 eligible entity may
receive a grant under this subsection to establish a school-
community partnership with a particular local school.
\(c\) Interagency Agreement.—The Director may enter into an
interagency agreement with a National Drug Control Program
agency, as defined in section 702 of the Office of National
Drug Control Policy Reauthorization Act of 1998 \(21 U.S.C.
1701\), to delegate authority for—
\(1\) the execution of grants under this section; and
\(2\) other activities necessary to carry out the
responsibilities of the Director under this section.
\(d\) Application.—
\(1\) In general.—An eligible entity desiring a grant under
this section, in coordination with each local school with
which the eligible entity has a school-community partnership,
shall submit to the Director an application at such time, in
such manner, and accompanied by such information as the
Director may require.
\(2\) Plan.—The application submitted under paragraph \(1\)
shall include a detailed, comprehensive plan for the school-
community partnership to implement effective drug prevention
programs.
\(e\) Use of Funds.—
\(1\) In general.—An eligible entity receiving a grant under
this section shall use funds from the grant—
\(A\) to implement the plan described in subsection \(d\)\(2\);
and
\(B\) if necessary, to obtain specialized training and
assistance from the organization receiving the grant under
section 4\(a\) of Public Law 107-82 \(21 U.S.C. 1521 note\).
\(2\) Supplement not supplant.—Grants provided under this
section shall be used to supplement, and not supplant,
Federal and non-Federal funds that are otherwise available
for drug prevention programs in local schools.
\(f\) Evaluation.—Section 1032\(a\)\(6\) of the Anti-Drug Abuse
Act of 1988 \(21 U.S.C. 1532\(a\)\(6\)\) shall apply to a grant
under this section in the same manner as that section applies
to a grant under subchapter I of chapter 2 of subtitle A of
title I of that Act \(21 U.S.C. 1531 et seq.\).
\(g\) Authorization of Appropriations.—
\(1\) In general.—There are authorized to be appropriated to
carry out this section $7,000,000 for each of fiscal years
2027 through 2032.
\(2\) Administrative costs.—Not more than 8 percent of the
funds appropriated pursuant to paragraph \(1\) may be used by
the Director for administrative expenses associated with the
responsibilities of the Director under this section.
SA 6078. Mrs. SHAHEEN \(for herself and Mr. Grassley\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . SEXUAL ASSAULT SURVIVORS' RIGHTS.
\(a\) Tiered Funding for State Incentives.—Section 5903\(a\)
of the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 \(34 U.S.C. 10441 note; Public Law 117-263\)
is amended—
\(1\) by striking paragraph \(2\) and inserting the following:
“\(2\) Grant increase.—The Attorney General shall increase
the amount of the covered formula grant provided to a State
in accordance with this subsection if the State has in
effect—
“\(A\) a law that provides to sexual assault survivors the
rights, at a minimum, under section 3772 of title 18, United
States Code;
“\(B\) any combination of laws, regulations, practices, and
policies that provides to sexual assault survivors the
rights, at a minimum, under section 3772 of title 18, United
States Code; or
“\(C\) any combination of laws, regulations, practices, and
policies that provides to sexual assault survivors rights
that are substantially similar to the rights under section
3772 of title 18, United States Code.”;
\(2\) in paragraph \(3\), by inserting “, regulation,
practice, or policy, as applicable,” after “law”;
\(3\) by redesignating paragraph \(5\) as paragraph \(6\); and
\(4\) by inserting after paragraph \(4\) the following:
“\(5\) Allocation of funds.—
“\(A\) Funding tiers.—Of the amounts made available to
carry out this subsection—
“\(i\) 60 percent shall be allocated to States that have in
effect a law described in paragraph \(2\)\(A\);
“\(ii\) 25 percent shall be allocated to States that have in
effect a law, regulation, practice, or policy described in
paragraph \(2\)\(B\); and
“\(iii\) 15 percent shall be allocated to States that have
in effect a law, regulation, practice, or policy described in
paragraph \(2\)\(C\).
“\(B\) Eligibility for single tier only.—A State may not
receive an allocation under more than 1 of the 3 funding
tiers described in subparagraph \(A\).”.
\(b\) Preservation of Evidence Kits.—Section 3772\(a\)\(2\)\(A\)
of title 18, United States Code, is amended by striking “for
the duration of the maximum applicable statute of limitations
or 20 years, whichever is shorter” and inserting “for not
less than 15 years”.
\(c\) Manner of Request for Notification Before Disposal of
Evidence Kit or for Further Preservation.—Section 3772\(a\)\(3\)
of title 18, United States Code, is amended by striking
“written request” each place that term appears and
inserting “request”.
SA 6079. Mrs. SHAHEEN \(for herself and Mr. Grassley\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 539F. RIGHTS OF THE VICTIM UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
Section 806b\(a\) of title 10, United States Code \(article
6b\(a\) of the Uniform Code of Military Justice\), is amended by
adding at the end the following new paragraphs:
“\(10\) The right not to be prevented from, or charged for,
receiving a medical forensic examination.
“\(11\) In the case of offenses involving sexual assault:
“\(A\) The right to have a sexual assault evidence
collection kit or its probative contents preserved, without
charge for the duration of the maximum applicable statute of
limitations or 20 years, whichever is shorter.
“\(B\) The right to be informed of any result of a sexual
assault evidence collection kit, including a DNA profile
match, toxicology report, or other information collected as
part of a medical forensic examination, if such disclosure
would not impede or compromise an ongoing investigation.
“\(C\) The right to be informed in writing of policies
governing the collection and preservation of a sexual assault
evidence collection kit.
“\(D\) The right to be informed of the status and location
of a sexual assault evidence collection kit.
“\(E\) The right, upon written request, to receive written
notification from the appropriate official with custody not
later than 60 days before the date of the intended
destruction or disposal.
“\(F\) The right, upon written request, to be granted
further preservation of the kit or its probative contents.”.
SA 6080. Mr. SCHATZ \(for himself, Mr. McCormick, Mr. Curtis, and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Pacific Promotion of Workable Energy Resources Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Pacific Promotion of
Workable Energy Resources Act” or the “Pacific POWER Act”.
SEC. 1282. DEFINITIONS.
In this subtitle:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
\(B\) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Committee on Appropriations of
the House of Representatives.
\(2\) Direct use.—The term “direct use” has the meaning
given the term in section 616A of the Energy Independence and
Security Act of 2007 \(42 U.S.C. 17195a\(b\)\).
\(3\) Geothermal partners.—The term “geothermal partners”
means the United States allies and partners selected pursuant
to section 1285.
\(4\) Next-generation geothermal.—The term “next-generation
geothermal” means a geothermal power production technology
that has the potential to greatly expand the scale and
geographical range of geothermal power production,
including—
\(A\) enhanced geothermal systems, as defined in section 612
of the Energy Independence and Security Act of 2007 \(42
U.S.C. 17191\);
\(B\) closed-loop geothermal systems, meaning systems that
use one or more wells drilled into hot rock with fluid
circulating through a closed-loop system to bring heat to the
surface;
\(C\) geothermal systems which harness heat from
supercritical temperatures, meaning at or above 375 degrees;
and
\(D\) other innovative geothermal power technologies.
\(5\) Secretary.—The term “Secretary” means the Secretary
of State.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) the Indo-Pacific is critical to United States national
security and economic interests, particularly given the rise
of the People's Republic of China as a competitor, and has
some of the world's highest geothermal potential;
\(2\) achieving United States foreign and national security
policy objectives, including deterring conflict and reducing
vulnerability to coercion, requires further strengthening
relationships with key regional allies and partners;
\(3\) the United States should expand its engagement with key
allies and partners on geothermal, including through
commercial partnerships and technical assistance to support
the development of their geothermal capabilities to reduce
reliance on the energy exports of adversaries and to develop
markets for United States companies; and
\(4\) the United States should promote the pursuit of
bilateral memoranda of understanding or other appropriate
agreements on
geothermal energy with key allies and partners, where doing
so furthers United States foreign policy and national
security interests.
SEC. 1284. GEOTHERMAL DIPLOMACY.
\(a\) In General.—The Secretary, in consultation with the
Secretary of Energy, shall work both bilaterally and
multilaterally to advance geothermal energy in support of
United States interests, including to develop—
\(1\) goals to increase geothermal deployment, including for
electricity and direct use applications;
\(2\) forums for collective learning and research;
\(3\) risk-sharing and financial tools for geothermal
exploration and development;
\(4\) potential regulatory and power market reforms that
support geothermal power production, direct use applications,
and grid interconnection;
\(5\) technical, environmental, safety, and community
engagement standards and best practices, including—
\(A\) early and consistent community engagement, including
the free, prior, and informed consent of Indigenous Peoples
and other communities;
\(B\) revenue sharing to create local economic benefits;
\(C\) reservoir management;
\(D\) mitigation of seismic risk through real-time
monitoring, operational guardrails, and engagement with
impacted communities;
\(E\) mitigation of impacts to water resources; and
\(F\) standardized, transparent, and secure mechanisms for
sharing geological and project-related data.
\(b\) Indo-Pacific Engagement.—The Secretary shall
prioritize engaging with allies and partners in the Indo-
Pacific on opportunities to collaborate on geothermal energy
and as potential geothermal partners to be selected pursuant
to section 1285, including—
\(1\) Taiwan;
\(2\) the Philippines;
\(3\) Japan;
\(4\) Australia;
\(5\) Indonesia;
\(6\) India;
\(7\) New Zealand;
\(8\) Papua New Guinea; and
\(9\) Thailand.
\(c\) Multilateral Mechanisms.—The Secretary, in
consultation with the Secretary of Energy, shall use existing
multilateral mechanisms to advance cooperation on geothermal
energy, including—
\(1\) the Quadrilateral Dialogue, or “Quad,” comprising the
United States, Australia, India, and Japan;
\(2\) the United States-Japan-Philippines trilateral
dialogue;
\(3\) the United States-Japan-Republic of Korea trilateral
dialogue;
\(4\) United States-Association of Southeast Asian Nations
dialogues and energy engagements;
\(5\) the Pacific Community, the principal scientific and
technical organization in the Pacific region;
\(6\) the International Energy Agency; and
\(7\) the Group of Seven, comprising the United States,
France, the United Kingdom, Germany, Japan, Italy, and
Canada.
SEC. 1285. ESTABLISHMENT OF INTERNATIONAL GEOTHERMAL PROGRAM
AND COUNTRY SELECTION.
\(a\) Assessment.—Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Secretary of Energy, shall develop and submit to the
appropriate congressional committees a report that—
\(1\) assesses global geothermal resources, including mapping
the areas of highest potential for geothermal development
based on factors, such as—
\(A\) existing geothermal generation;
\(B\) subsurface data;
\(C\) proximity of geothermal resources to existing or
potential energy infrastructure;
\(D\) regulatory and economic conditions, including financial
incentives for geothermal;
\(E\) current and projected energy mix and demand;
\(F\) workforce;
\(G\) supply chains, including the distribution of assets
relative to projected demand; and
\(H\) energy reliability conditions;
\(2\) assesses countries, regions, and other locations in
which geothermal development or expansion is most beneficial
to United States national security and economic interests,
including in support of United States Indo-Pacific strategy;
\(3\) explains the strategy for addressing the challenges to
geothermal energy development or expansion in the countries,
regions, and other locations most beneficial to United States
national security and economic interests; and
\(4\) assesses the extent to which foreign countries of
concern, as defined in section 4872\(d\) of title 10, United
States Code, are involved in, or may seek to influence or
control, the geothermal energy sectors, supply chains,
infrastructure, financing, or related critical minerals of
countries, regions, and other locations identified under
paragraphs \(1\) through \(3\).
\(b\) Consultation.—In preparing the report required in
subsection \(a\), the Secretary shall consult with—
\(1\) agencies with relevant expertise;
\(2\) Department of Energy National Laboratories \(as defined
in section 2 of the Energy Policy Act of 2005 \(42 U.S.C.
15801\)\);
\(3\) institutions of higher education \(as defined in section
101\(a\) of the Higher Education Act of 1965 \(2 U.S.C.
1001\(a\)\);
\(4\) nonpartisan and nonprofit organizations;
\(5\) the International Energy Agency;
\(6\) the advisory group established pursuant to subsection
\(g\); and
\(7\) the appropriate committees of Congress.
\(c\) Establishment.—Not later than one year after the date
of the enactment of this Act, the Secretary, in coordination
with the Secretary of Energy, shall establish the
International Geothermal Program \(the “Program”\) for
international collaboration on geothermal exploration and
development to carry out section 1284 and to pursue bilateral
and multilateral partnerships as described in subsection \(d\)
to further United States foreign policy and national security
interests.
\(d\) Program.—The Program established pursuant to
subsection \(c\) shall include public-private partnerships for
the exploration and development of geothermal resources and
next-generation geothermal systems, including—
\(1\) to support large-scale geothermal deployment, including
for next-generation geothermal technologies and direct use
applications;
\(2\) to conduct research of next-generation geothermal
technologies, including through coordination with existing
international research initiatives;
\(3\) to conduct geothermal resource exploration and
characterization;
\(4\) to support the integration of geothermal energy into
energy system planning and regulations;
\(5\) to identify opportunity zones where geothermal could
meet industrial, heating and cooling, agricultural, and
electricity needs;
\(6\) to support the workforce and supply chains necessary
for geothermal deployment;
\(7\) to support community engagement and education;
\(8\) to assist in the development and implementation of
risk-sharing mechanisms and other financial tools for the
cost of geothermal exploration and development;
\(9\) to assist in the development of predictable siting and
permitting processes for partners selected pursuant to
subsection \(e\);
\(10\) to create financial incentives for investment in
geothermal energy; and
\(11\) to identify investment and export opportunities for
United States companies
\(e\) Selection of Geothermal Partners.—Concurrent with the
establishment of the Program pursuant to subsection \(c\), the
Secretary, in consultation with the appropriate congressional
committees, shall select at least five geothermal partners
that—
\(1\) include—
\(A\) not fewer than three countries in the Indo-Pacific;
\(B\) not fewer than one country that currently does not
produce or consume geothermal energy at commercial scale; and
\(C\) not fewer than one country that demonstrates
significant potential to expand existing capacity for
geothermal energy generation, such as through recent success
in adding more geothermal energy to its grid and through the
inclusion of geothermal in utility resource plans; and
\(2\) are informed by the report required under subsection
\(a\).
\(f\) Agreements.—The Secretary shall pursue memoranda of
understanding or other appropriate agreements with countries
selected pursuant to subsection \(e\) and that are willing to
work with the United States to implement the Program.
\(g\) Engagement With the Private Sector and Nonprofits.—The
Secretary shall establish an advisory mechanism to engage
United States geothermal developers, equipment manufacturers,
financial institutions, industry associations, and nonprofit
organizations with geothermal expertise in the implementation
of the Program, including to—
\(1\) identify export opportunities for United States
geothermal technology and services in geothermal partner
countries;
\(2\) advise on technical standards, data use and
protections, policy, supply chain development, and workforce
needs; and
\(3\) facilitate connections between United States companies
and organizations and geothermal investment opportunities.
SEC. 1286. IMPLEMENTATION OF THE INTERNATIONAL GEOTHERMAL
PROGRAM.
\(a\) Strategy.—Not later than 180 days after the
establishment of the Program and selection of geothermal
partners pursuant to section 1285, the Secretary shall submit
to the appropriate congressional committees a report that
describes the United States strategy for advancing geothermal
energy with each of the geothermal partners.
\(b\) Elements.—The strategy submitted pursuant to
subsection \(a\) shall include the estimated personnel and
assistance resources required on an annual basis for
successful implementation of such strategy, and the
identification of opportunities for—
\(1\) supporting regional partnerships on geothermal energy;
\(2\) strengthening the resilience of geothermal supply
chains, including—
\(A\) equipment and services related to geothermal resource
exploration, characterization, and production; and
\(B\) through partnerships with domestic and allied
manufacturers;
\(3\) leveraging existing and developing new multilateral
financing tools to support geothermal energy;
\(4\) conducting geothermal-specific feasibility studies and
other support by the United States Trade and Development
Agency; and
\(5\) the United States Export-Import Bank, the Millennium
Challenge Corporation, and the United States International
Development Finance Corporation to provide financial support
to geothermal partners that meet the eligibility requirements
of the agencies.
\(c\) Implementation.—The implementation of the Program
established in section 1285 shall be led by the Under
Secretary of State for Economic Growth, Energy, and the
Environment and coordinated with the leadership of the Office
of International Affairs and the Geothermal Technologies
Office.
\(d\) Annual Report.—The Secretary shall submit a report to
the appropriate congressional committees that includes—
\(1\) a summary of United States activities and engagement
with each geothermal partner, including the status of
negotiations to establish memoranda of understanding or other
agreements pursuant to section 1285\(f\);
\(2\) any changes to the strategy required by subsection \(a\)
for each geothermal partner;
\(3\) the number of personnel assigned to implementation of
the Program, by operating unit; and
\(4\) assistance provided to implement the Program to date by
operating unit, amount, account, and purpose.
\(e\) Technical and Financial Assistance.—The Secretary is
authorized to work with relevant United States agencies to
promote and coordinate the development and underwriting of
grants, loans, loan guarantees, and other technical and
financial assistance to geothermal partners and United States
companies that work with geothermal partners through the
Program established in section 1285.
\(f\) Coordination.—In preparing the strategy required under
subsection \(a\) and the annual report required under
subsection \(d\), and implementing the Program established in
section 1285, the Under Secretary of State for Economic
Growth, Energy, and the Environment shall convene agencies
with relevant expertise and the advisory group established in
section 1285\(g\) and brief the appropriate committees of
Congress not less than twice per year.
SA 6081. Mr. PETERS \(for himself and Ms. Slotkin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1\_\_. KEWEENAW BAY INDIAN COMMUNITY LAND CLAIM
SETTLEMENT.
\(a\) Findings.—Congress finds that—
\(1\) the Keweenaw Bay Indian Community is a federally
recognized Indian Tribe residing on the L'Anse Indian
Reservation in Baraga County in the Upper Peninsula of the
State of Michigan;
\(2\) the Community is a successor in interest to the Treaty
with the Chippewa Indians of the Mississippi and Lake
Superior, made and concluded at La Pointe of Lake Superior
October 4, 1842 \(7 Stat. 591\) \(referred to in this subsection
as the “1842 Treaty”\), which, among other things,
guaranteed the usufructuary rights of the Community over a
large area of land that was ceded to the United States, until
such time that those usufructuary rights were properly and
legally extinguished;
\(3\) the Community is also a successor in interest to the
Treaty with the Chippewa Indians of Lake Superior and the
Mississippi, made and concluded at La Pointe September 30,
1854 \(10 Stat. 1109\) \(referred to in this subsection as the
“1854 Treaty”\);
\(4\) article 2, paragraph 1 of the 1854 Treaty created the
L'Anse Indian Reservation as a permanent reservation;
\(5\) pursuant to article 13 of the 1854 Treaty, the 1854
Treaty became “obligatory on the contracting parties” when
ratified by the President and the Senate on January 10, 1855;
\(6\) in 1850, Congress enacted the Act of September 28, 1850
\(sections 2479 through 2481 of the Revised Statutes \(43
U.S.C. 982 through 984\)\) \(commonly known and referred to in
this subsection as the “Swamp Land Act”\), which authorized
the State of Arkansas and other States, including the State
of Michigan, to “construct the necessary levees and drains
to reclaim” certain unsold “swamp and overflowed lands,
made unfit thereby for cultivation” and stating that those
lands “shall remain unsold at the passage of this act”;
\(7\) following enactment of the Swamp Land Act, the State
claimed thousands of acres of swamp land in the State
pursuant to that Act;
\(8\) between 1893 and 1937, the General Land Office patented
2,743 acres of land to the State that were located within the
exterior boundaries of the Reservation;
\(9\) the right of the Community to use and occupy the unsold
land within the Reservation had not been extinguished when
the United States patented the Reservation Swamp Lands to the
State;
\(10\) in 1852, Congress enacted the Act of August 26, 1852
\(10 Stat. 35, chapter 92\) \(referred to in this subsection as
the “Canal Land Act”\), to facilitate the building of the
Sault Ste. Marie Canal at the Falls of the St. Mary's River,
to connect Lake Superior to Lake Huron;
\(11\) pursuant to the Canal Land Act, the United States
granted the State the right to select 750,000 acres of unsold
public land within the State to defray the cost of
construction of the Sault Ste. Marie Canal;
\(12\) the State identified and selected, among other land, a
minimum of 1,333.25 and up to 2,720 acres within the exterior
boundaries of the Reservation;
\(13\) the Department of the Interior approved the land
selections of the State, including the Reservation Canal
Lands, after ratification of the 1854 Treaty;
\(14\) the Secretary noted that the approval described in
paragraph \(13\) was “subject to any valid interfering
rights”;
\(15\) the 1854 Treaty set apart from the public domain all
unsold land within the Reservation to the Community as of
September 30, 1854, which preceded the date on which the
State established legally effective title to the Reservation
Canal Lands;
\(16\) the Community made claims to the Department of the
Interior with respect to the Reservation Swamp Lands and the
Reservation Canal Lands, providing legal analysis and
ethnohistorical support for those claims;
\(17\) in December 2021, the Department of the Interior
stated that “We have carefully reviewed pertinent documents,
including the Tribe's expert reports, and have determined
that the Tribe's claims to the Swamp Lands and Canal Lands
have merit”;
\(18\) the United States, through the actions of the General
Land Office, deprived the Community of the exclusive use and
occupancy of the Reservation Swamp Lands and the Reservation
Canal Lands within the Reservation, without just compensation
as required under the Takings Clause of the Fifth Amendment
to the Constitution of the United States;
\(19\) the loss of the Reservation Swamp Lands and the
Reservation Canal Lands without just compensation has—
\(A\) impacted the exercise by the Community of cultural,
religious, and subsistence rights on the land;
\(B\) caused a harmful disconnect between the Community and
its land;
\(C\) impacted the ability of the Community to fully exercise
its economy within the Reservation; and
\(D\) had a negative economic impact on the development of
the economy of the Community;
\(20\) certain non-Indian individuals, entities, and local
governments occupy land within the boundaries of the
Reservation—
\(A\) acquired ownership interests in the Reservation Swamp
Lands and the Reservation Canal Lands in good faith; and
\(B\) have an interest in possessing clear title to that
land;
\(21\) this section allows the United States—
\(A\) to secure a fair and equitable settlement of past
inequities suffered by the Community as a result of the
actions of the United States that caused the taking of the
Reservation Swamp Lands and the Reservation Canal Lands
without just compensation; and
\(B\) to ensure protection of the ownership of the
Reservation Swamp Lands and the Reservation Canal Lands by
non-Indian occupants of the Reservation, through the
settlement of the claims of the Community to that land, and
through that action, the relief of any clouds on title;
\(22\) a settlement will allow the Community to receive just
compensation and the local landowners to obtain clear title
to land, without long and protracted litigation that would be
both costly and detrimental to all involved; and
\(23\) this section achieves both justice for the Community
and security for current landowners through a restorative and
non-confrontational process.
\(b\) Purposes.—The purposes of this section are—
\(1\) to acknowledge the uncompensated taking by the Federal
Government of the Reservation Swamp Lands and the Reservation
Canal Lands;
\(2\) to provide compensation to the Community for the
uncompensated taking of the Reservation Swamp Lands and the
Reservation Canal Lands by the Federal Government;
\(3\) to extinguish all claims by the Community to the
Reservation Swamp Lands and the Reservation Canal Lands and
to confirm the ownership by the current landowners of the
Reservation Swamp Lands and the Reservation Canal Lands, who
obtained that land in good faith;
\(4\) to extinguish all potential claims by the Community
against the United States, the State, and current landowners
concerning title to, use of, or occupancy of the Reservation
Swamp Lands and the Reservation Canal Lands; and
\(5\) to authorize the Secretary—
\(A\) to compensate the Community; and
\(B\) to take any other action necessary to carry out this
section.
\(c\) Definitions.—In this section:
\(1\) Community.—The term “Community” means the Keweenaw
Bay Indian Community.
\(2\) County.—The term “County” means Baraga County,
Michigan.
\(3\) Reservation.—The term “Reservation” means the L'Anse
Indian Reservation, located in—
\(A\) T. 51 N., R. 33 W.;
\(B\) T. 51 N., R. 32 W.;
\(C\) T. 50 N., R. 33 W., E\\1/2\\;
\(D\) T. 50 N., R. 32 W., W\\1/2\\; and
\(E\) that portion of T. 51 N., R. 31 W. lying west of Huron
Bay.
\(4\) Reservation canal lands.—The term “Reservation Canal
Lands” means the 1,333.25 to 2,720 acres of Community land
located within the exterior boundaries of the Reservation
that the Federal Government conveyed to the State pursuant to
the Act of August 26, 1852 \(10 Stat. 35, chapter 92\).
\(5\) Reservation swamp lands.—The term “Reservation Swamp
Lands” means the 2,743 acres of land located within the
exterior boundaries of the Reservation that the Federal
Government conveyed to the State between 1893 and 1937
pursuant to the Act of September 28, 1850 \(sections 2479
through 2481 of the Revised Statutes \(43 U.S.C. 982 through
984\)\) \(commonly known as the “Swamp Land Act”\).
\(6\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(7\) State.—The term “State” means the State of Michigan.
\(d\) Payments.—
\(1\) Transfer of funds.—As soon as practicable after the
date on which the amount authorized to be appropriated under
paragraph \(3\) is made available to the Secretary, the
Secretary shall transfer $33,900,000 to the Community.
\(2\) Use of funds.—
\(A\) In general.—Subject to subparagraph \(B\), the Community
may use the amount received under paragraph \(1\) for any
lawful purpose, including—
\(i\) governmental services;
\(ii\) economic development;
\(iii\) natural resources protection; and
\(iv\) land acquisition.
\(B\) Restriction on use of funds.—The community may not use
the amount received under paragraph \(1\) to acquire land for
gaming purposes.
\(3\) Authorization of appropriations.—There is authorized
to be appropriated to the Secretary to carry out paragraph
\(1\) $33,900,000 for fiscal year 2027, to remain available
until expended.
\(e\) Extinguishment of Claims.—
\(1\) In general.—Effective on the date on which the
Community receives the payment under subsection \(d\)\(1\), all
claims of the Community to the Reservation Swamp Lands and
the Reservation Canal Lands owned by persons or entities
other than the Community are extinguished.
\(2\) Clear title.—Effective on the date on which the
Community receives the payment under subsection \(d\)\(1\), the
title of all current owners to the Reservation Swamp Lands
and the Reservation Canal Lands is cleared of all preexisting
rights held by the Community and any of the members of the
Community.
\(f\) Effect.—Nothing in this section authorizes—
\(1\) the Secretary to take land into trust for the benefit
of the Community for gaming purposes; or
\(2\) the Community to use land acquired using amounts
received under this section for gaming purposes.
SA 6082. Mr. PETERS \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 320B and insert the following:
SEC. 320B. INITIATION OF REMEDIAL ACTIONS WITH RESPECT TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
\(a\) Initiation of Remedial Actions.—
\(1\) In general.—To the extent that it is consistent with
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 \(42 U.S.C. 9601 et seq.\) and any other
applicable law, and except as provided in paragraph \(2\), not
later than two years after the date of the enactment of this
Act, the Secretary of Defense shall initiate interim remedial
actions with respect to perfluoroalkyl and polyfluoroalkyl
substances at not fewer than 100 covered sites.
\(2\) Exception.—
\(A\) In general.—The Secretary may initiate interim
remedial actions with respect to perfluoroalkyl and
polyfluoroalkyl substances at fewer than 100 covered sites
only if the Secretary cannot find enough covered sites
meeting the factor specified under section 300.415\(b\)\(2\)\(i\)
of title 40, Code of Federal Regulations, or successor
regulations.
\(B\) Report.—If the Secretary utilizes the exception under
subparagraph \(A\), the Secretary shall submit to Congress a
report verifying that the Secretary assessed each covered
site and was unable to find a sufficient number of covered
sites meeting the factor specified in such subparagraph.
\(b\) Timely Completion of Ongoing Actions.—The Secretary
shall ensure the timely completion of interim remedial
actions at installations of the Department of Defense that
are ongoing as of the date of the enactment of this Act.
\(c\) Briefing Required.—Not later than 30 days after the
date of the enactment of this Act, the Secretary shall brief
the Committees on Armed Services of the Senate and the House
of Representatives on the status and outlook of interim
remedial actions with respect to perfluoroalkyl and
polyfluoroalkyl substances at the 723 installations of the
Department assessed for use or potential use of such
substances as set forth in the publication of the Department
dated September 30, 2025.
\(d\) Covered Site Defined.—In this section, the term
“covered site”—
\(1\) means, of the 723 installations of the Department
assessed for use or potential use of perfluoroalkyl and
polyfluoroalkyl substances set forth in the publication of
the Department dated September 30, 2025, the installations at
which the estimated remedial investigation or feasibility
study end date is delayed as compared to the date specified
for such site in the similar publication of the Department
dated December 2024; and
\(2\) shall be interpreted consistent with the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 \(42 U.S.C. 9601 et seq.\) and any other applicable law.
SA 6083. Mrs. SHAHEEN \(for herself, Ms. Hassan, Mr. Gallego, Mr. Kelly, and Mr. Kaine\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. RESPECT FOR LOCAL COMMUNITIES.
\(a\) Short Title.—This section may be cited as the
“Respect for Local Communities Act”.
\(b\) Definitions.—In this section:
\(1\) Appropriate local government officials.—The term
“appropriate local government officials” means—
\(A\) the mayor, county executive, or equivalent elected
official of the town, city, county or other local
jurisdiction in which a new processing facility or detention
center will be located; and
\(B\) a majority of the town council, city council, county
council, county commission, or equivalent legislative
authority in which a new processing facility or detention
center will be located.
\(2\) New processing site or detention center.—The term
“new processing site or detention center” means any
facility operated by, or pursuant to a contract with, U.S.
Immigration and Customs Enforcement, including any facility
designed under the Detention Reengineering Initiative, that,
beginning on or after the date of the enactment of this Act,
will be used to temporarily hold persons pending the
resolution or completion of immigration removal operations or
processes.
\(c\) Requirements for New ICE Processing Sites and Detention
Centers.—The Department of Homeland Security or any other
Federal agency may not initiate the construction,
acquisition, renovation, or operation of, or otherwise
acquire an interest in real property to be used as, a new
processing site or detention center for U.S. Immigration and
Customs Enforcement until—
\(1\) the relevant Federal agency issues a public notice in
the Federal Register that—
\(A\) is open for public comments for a period lasting at
least 30 days;
\(B\) describes the scope of the construction, acquisition,
renovation, or operation;
\(C\) includes information regarding such agency's due
diligence process, which shall explain how such agency will
comply with—
\(i\) Federal guidance and standards related to immigration
detention; and
\(ii\) applicable environmental regulations;
\(D\) includes any other information or documentation
relevant to such new processing site or detention center; and
\(E\) includes an economic impact analysis and an engineering
review that addresses the site or center's waste exportation,
water usage, and electrical demand;
\(2\) after the conclusion of the public comment period, the
head of the relevant Federal agency—
\(A\) considers and responds to significant comments received
in accordance with subchapter II of chapter 5 of title 5,
United States Code; and
\(B\) enters into a signed, written agreement with
appropriate local government officials and the Governor of
the State in which such processing site or detention center
will be located that authorizes such construction,
acquisition, renovation, or operation, as applicable; and
\(3\) at least 30 days has elapsed since the head of the
relevant Federal agency submitted a report to the Committee
on Homeland Security and Governmental Affairs of the Senate,
the Committee on Appropriations of the Senate, the Committee
on the Judiciary of the Senate, the Committee on Homeland
Security of the House of Representatives, the Committee on
Appropriations of the House of Representatives, and
the Committee on the Judiciary of the House of
Representatives regarding such planned construction,
acquisition, renovation, or operation that includes a fully
executed copy of the agreement described in paragraph \(2\).
SA 6084. Mrs. SHAHEEN \(for herself, Mr. McCormick, Ms. Hassan, Mr. Fetterman, and Mrs. Capito\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . SPECIAL BASE RATES OF PAY FOR FEDERAL CORRECTIONAL
OFFICERS.
\(a\) In General.—Subchapter III of chapter 53 of title 5,
United States Code, is amended by inserting after section
5332a the following:
“Sec. 5332b. Special base rates of pay for Federal
correctional officers
“\(a\) Definitions.—In this section—
“\(1\) the term \`Federal correctional officer' means a
correctional officer \(without regard to whether the position
of the individual is classified in the 0007 series
established by the Office of Personnel Management\)—
“\(A\) who is employed by the Bureau of Prisons; and
“\(B\)\(i\) the duties of the position of whom—
“\(I\) primarily relate to the custody, control, or
supervision of inmates within the Bureau of Prisons; or
“\(II\) routinely include direct inmate contact in a
custodial setting;
“\(ii\) who, in the case of an employee who holds a
supervisory or administrative position and is subject to
subchapter III of chapter 83 or chapter 84, but who does not
qualify to be considered a law enforcement officer within the
meaning of section 8331\(20\) or 8401\(17\), as applicable, holds
a position, the duties of which, if they included routine
custodial inmate contact, would be as described in clause
\(i\); or
“\(iii\) who, in the case of an employee who is not subject
to subchapter III of chapter 83 or chapter 84, holds a
position that the Office of Personnel Management, pursuant to
written position classification applicable to the Bureau of
Prisons, determines would satisfy clause \(i\) or \(ii\) if the
employee were subject to subchapter III of chapter 83 or
chapter 84;
“\(2\) the term \`General Schedule base rate' means an annual
rate of basic pay established under section 5332 before any
additions, such as a locality-based comparability payment
under section 5304 or 5304a or a special rate supplement
under section 5305; and
“\(3\) the term \`LEO special base rate' has the meaning
given the term in section 531.602 of title 5, Code of Federal
Regulations, or any successor regulation.
“\(b\) Special Base Rates of Pay.—
“\(1\) Entitlement to special rate.—Notwithstanding section
5332, a Federal correctional officer is entitled to a special
base rate of pay, which shall—
“\(A\) replace the otherwise applicable General Schedule
base rate or LEO special base rate for the Federal
correctional officer;
“\(B\) be basic pay for all purposes, including the purposes
of applying—
“\(i\) sections 5304, 5304a, and 5595;
“\(ii\) subchapter V of chapter 55; and
“\(iii\) chapters 83 and chapter 84; and
“\(C\) be computed as provided in paragraph \(2\) and adjusted
at the time of adjustments in the General Schedule base rate
or LEO special base rate.
“\(2\) Computation.—The special base rate for a Federal
correctional officer shall be calculated by increasing the
applicable General Schedule base rate or LEO special base
rate for the Federal correctional officer by 35 percent and
rounding the result to the nearest whole dollar, provided
that such special base rate does not exceed the rate of basic
pay payable for level V of the Executive Schedule.”.
\(b\) Clerical Amendment.—The table of sections for
subchapter III of chapter 53 of title 5, United States Code,
is amended by inserting after the item relating to section
5332a the following:
“5332b. Special base rates of pay for Federal correctional
officers.”.
\(c\) Certain Prevailing Rate Employees.—Section 5343 of
title 5, United States Code, is amended by adding at the end
the following:
“\(h\)\(1\) In this subsection, the term \`covered employee'
means an employee—
“\(A\) who is described in section 5342\(a\)\(2\)\(A\) and is
employed by the Bureau of Prisons;
“\(B\) the duties of the position of whom—
“\(i\) primarily relate to the custody, control, or
supervision of inmates; or
“\(ii\) routinely include direct inmate contact in a
custodial setting; and
“\(C\) the position of whom is classified as not higher than
grade 9 of the Federal Wage System.
“\(2\) The Attorney General shall increase the wage rates of
each covered employee by 35 percent.
“\(3\) An increased wage rate under paragraph \(2\) shall be
basic pay for the same purposes as the wage rate otherwise
established under this section.
“\(4\) An increase under this subsection may not cause the
wage rate of an employee to increase to a rate that would
produce an annualized rate in excess of the annual rate for
level IV of the Executive Schedule.”.
\(d\) Application.—
\(1\) Definition.—In this subsection, the term “Federal
correctional officer” has the meaning given the term in
section 5332b\(a\) of title 5, United States Code, as added by
this section.
\(2\) Sunset.—Subject to paragraph \(3\), on the date that is
5 years after the date of enactment of this Act, the
authority provided under sections 5332b and 5343\(h\) of title
5, United States Code, as added by this section, shall
terminate and those sections are repealed.
\(3\) Review and determination.—
\(A\) Review.—Not later than 180 days before the expiration
of the 5-year period described in paragraph \(2\), the
Inspector General of the Department of Justice \(referred to
in this subsection as the “Inspector General”\) shall
conduct a review, and submit a report on that review to
Congress, of—
\(i\) the extent to which the Bureau of Prisons has, pursuant
to the authority provided under sections 5332b and 5343\(h\) of
title 5, United States Code, as added by this section—
\(I\) reduced or eliminated the use of non-custodial
employees to perform the duties of Federal correctional
officers \(commonly known as, and referred to in this
subsection as, “augmentation”\); and
\(II\) reduced excessive mandatory overtime for Federal
correctional officers; and
\(ii\) the impact of the special base rates of pay under
sections 5332b and 5343\(h\) of title 5, United States Code, as
added by this section, on recruitment, retention, and
institutional safety with respect to Federal correctional
officers.
\(B\) Continuing authority.—
\(i\) Determination.—If, under the review conducted under
subparagraph \(A\), the Inspector General determines that the
Bureau of Prisons has demonstrated measurable progress in
eliminating augmentation and reducing excessive mandatory
overtime for Federal correctional officers, paragraph \(2\) of
this subsection shall have no force or effect and the
authority provided under sections 5332b and 5343\(h\) of title
5, United States Code, as added by this section, shall
continue to apply.
\(ii\) Notice.—The Inspector General shall include a
determination made under clause \(i\) in the report submitted
to Congress under subparagraph \(A\).
SA 6085. Mrs. SHAHEEN \(for herself, Ms. Lummis, and Ms. Hassan\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. POSTAL OPERATIONS STAY TIMELY AND LOCAL ACT.
\(a\) Short Title.—This section may be cited as the “Postal
Operations Stay Timely and Local Act” or the “POSTAL Act”.
\(b\) Limitation on Closing or Consolidating Postal Service
Processing and Distribution Centers in States.—
\(1\) Definitions.—In this section:
\(A\) Processing and distribution center.—The term
“processing and distribution center” means a central mail
facility that—
\(i\) distributes and dispatches part or all of both incoming
mail and outgoing mail for a designated service area;
\(ii\) provides instructions on the preparation of collection
mail, dispatch schedules, and sorting plan requirements to
mailers; and
\(iii\) is a sectional center facility, a general mail
facility, or a dedicated mail processing facility without a
station or branch.
\(B\) State.—The term “State” means a State or the
District of Columbia.
\(2\) Limitation.—The United States Postal Service may not
close, consolidate, downgrade, or take any other similar
action with respect to a processing and distribution center
in a State if such action would result in there being no
processing and distribution center located in that State.
SA 6086. Mr. PETERS \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the
following:
SEC. 8. CHANGES WITH RESPECT TO THE FEDERAL
ACQUISITION SECURITY COUNCIL.
\(a\) Definition of Source of Concern, Covered Source of
Concern, Recommended Order, and Designated Order.—Section
1321 of title 41, United States Code, is amended—
\(1\) by redesignating paragraphs \(5\) through \(8\) as
paragraphs \(7\) through \(10\);
\(2\) by inserting after paragraph \(4\) the following:
“\(5\) Covered source of concern.—The term \`covered source
of concern' means a source of concern that is specifically
designated as a \`covered source of concern' by a statute that
states that such designation is for the purposes of this
subchapter.
“\(6\) Designated order.—The term \`designated order' means
an order described under section 1323\(c\)\(3\).”; and
\(3\) by adding at the end the following:
“\(11\) Recommended order.—The term \`recommended order'
means an order recommended under section 1323\(c\)\(2\).
“\(12\) Source of concern.—
“\(A\) In general.—The term \`source of concern' means a
source—
“\(i\) subject to the jurisdiction, direction, or control of
the government of a foreign adversary, or operates on behalf
of the government of a foreign adversary; or
“\(ii\) that poses a risk to the national security of the
United States based on collaboration with, whole or partial
ownership or control by, or being affiliated with a military,
internal security force, or intelligence agency of a foreign
adversary.
“\(B\) Foreign adversary defined.—In this paragraph, the
term \`foreign adversary' has the meaning given the term
\`covered nation' in section 4872\(d\) of title 10.”.
\(b\) Establishment and Members of Council.—Section 1322 of
title 41, United States Code, is amended—
\(1\) in subsection \(a\), by striking “executive branch” and
inserting “Executive Office of the President”;
\(2\) in subsection \(b\)—
\(A\) by amending paragraph \(1\) to read as follows:
“\(1\) In general.—The members of the Council shall be as
follows:
“\(A\) The Administrator for Federal Procurement Policy.
“\(B\) The Deputy Director for Management of the Office of
Management and Budget.
“\(C\) The following officials, each of whom shall occupy a
position at the level of Assistant Secretary or Deputy
Assistant Secretary \(or equivalent\):
“\(i\) Two officials from the Office of the Director of
National Intelligence, one of which shall be from the
National Counterintelligence and Security Center.
“\(ii\) Two officials from the Department of Defense, one of
which shall be from the National Security Agency.
“\(iii\) Two officials from the Department of Homeland
Security, one of which shall be from the Cybersecurity and
Infrastructure Security Agency.
“\(iv\) An official from the General Services
Administration.
“\(v\) An official from the Office of the National Cyber
Director.
“\(vi\) Two officials from the Department of Justice, one of
which shall be from the Federal Bureau of Investigation.
“\(vii\) Two officials from the Department of Commerce, one
of which shall be from the National Institute of Standards
and Technology and one of which shall be from the Bureau of
Industry and Security.
“\(viii\) An official from any executive agency not listed
under clauses \(i\) through \(vii\) whose temporary or permanent
participation is determined by the Chairperson of the Council
to be necessary to carry out the functions of the Council
while maintaining the intended balance in subject matter
expertise.”; and
\(B\) in paragraph \(2\)—
\(i\) in the heading, by striking “Lead representatives”
and inserting “Members”;
\(ii\) by amending subparagraph \(A\)\(i\) to read as follows:
“\(i\) In general.—The head of each executive agency listed
under paragraph \(1\)\(C\) shall designate the official or
officials from that agency who shall serve on the Council in
accordance with such paragraph.”;
\(iii\) by amending subparagraph \(A\)\(ii\) to read as follows:
“\(ii\) Requirements.—To the extent feasible, any official
designated under clause \(i\) shall have expertise in supply
chain risk management, acquisitions, law, or information and
communications technology.”; and
\(iv\) by amending subparagraph \(B\) to read as follows:
“\(B\) Functions.—A member of the Council shall—
“\(i\) regularly participate in the activities of the
Council;
“\(ii\) ensure that any information requested by the Council
from the agency represented by the member is provided to the
Council; and
“\(iii\) ensure that the head of the agency represented by
the member and other appropriate personnel of the agency are
aware of the activities of the Council.”;
\(3\) in subsection \(c\)—
\(A\) by amending paragraph \(1\) to read as follows:
“\(1\) In general.—The President shall a designate a member
of the Council to serve as Chairperson of the Council.”; and
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(B\), by striking “\(b\)\(1\)\(H\)” and
inserting “\(b\)\(1\)\(C\)\(viii\)”; and
\(ii\) in subparagraph \(C\), by striking “lead representative
of each agency represented on the Council” and inserting
“members of the Council”; and
\(4\) in subsection \(d\)—
\(A\) by striking “The Council” and inserting the
following:
“\(1\) Council meetings.—The Council”; and
\(B\) by adding at the end the following:
“\(2\) Other meetings.—The Chairperson of the Council shall
meet, not less frequently than semiannually, with—
“\(A\) the Secretary of Homeland Security, Secretary of
Defense, and Director of National Intelligence; or
“\(B\) in the case that any of the officials under
subparagraph \(A\) delegated authority to an official under
section 1323\(c\)\(6\)\(C\), with the delegated official.”.
\(c\) Functions and Authorities.—Section 1323 of title 41,
United States Code is amended—
\(1\) in subsection \(a\)—
\(A\) by striking “supply chain” each place it appears and
inserting “acquisition security and supply chain”;
\(B\) in paragraph \(1\), as amended by subparagraph \(A\), by
striking “, particularly” and inserting “that arise”;
\(C\) in paragraph \(2\), as amended by subparagraph \(A\), by
inserting “associated with the acquisition and use of
covered articles” after “risk”;
\(D\) in paragraph \(6\), as amended by subparagraph \(A\)—
\(i\) by striking “posed by” and inserting “associated
with”; and
\(ii\) by inserting “and use” before “of covered
articles”;
\(E\) in paragraph \(7\), as amended by subparagraph \(A\), by
striking “posed by acquisitions” and inserting “associated
with the acquisition”;
\(F\) by redesignating paragraph \(7\) as paragraph \(12\); and
\(G\) by inserting after paragraph \(6\) the following:
“\(7\) Implementing a prioritization scheme for evaluating
the security risks associated with the acquisition and use of
covered articles provided or produced by a covered source of
concern.
“\(8\) Evaluating each covered source of concern to
determine whether to issue a designated order with respect to
the covered source of concern or a covered article produced
or provided by the covered source of concern.
“\(9\) Evaluating sources of concern to determine whether to
issue a recommended order with respect to the source of
concern, or any covered article produced or provided by the
source of concern.
“\(10\) Monitoring and evaluating compliance by the
Secretary of Homeland Security, Secretary of Defense, and
Director of National Intelligence with the requirement to
issue designated orders under subsection \(c\)\(6\)\(B\).
“\(11\) Reporting to Congress annually on the security risks
associated with the acquisition and use of covered articles
produced or provided by sources of concern.”;
\(2\) in subsection \(b\)—
\(A\) by striking “The Council” and inserting the
following:
“\(1\) In general.—The Council”; and
\(B\) in paragraph \(1\), as so redesignated, by striking “a
program office and”; and
\(C\) by adding at the end the following:
“\(2\) Federal acquisition security council program
office.—
“\(A\) Establishment.—The President shall establish a
Federal Acquisition Security Council Program Office \(referred
to in this paragraph as the \`Program Office'\) within the
Executive Office of the President to carry out the duties
described under subparagraph \(B\).
“\(B\) Duties.—The Program Office shall provide to the
Council, including any committees, working groups, or other
constituent bodies established by the Council under paragraph
\(1\)—
“\(i\) administrative, legal, and policy support; and
“\(ii\) analysis and subject matter expertise on information
communications technology, acquisition security, and supply
chain risk.
“\(C\) Structure.—The head of the Program Office shall be
designated by the Chairperson of the Council.
“\(D\) Prohibition.—The Program Office may not provide
administrative support to the Council for any activities of
the Council carried out pursuant to a provision of law other
than a provision of law under this subchapter.
“\(E\) Funding and resources.—The Program Office may use
the staff and resources of the Executive Office of the
President or maintain dedicated staff and resources, as
appropriate, in the performance of the duties of the Office.
“\(F\) Shared staffing authority.—
“\(i\) In general.—The Program Office may accept officers
or employees of the United States or members of the Armed
Forces on a detail from an element of the intelligence
community \(as such term is defined in section 3 of the
National Security Act of 1947 \(50 U.S.C. 3003\)\) or from
another element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of
the receiving and detailing elements, for a period not to
exceed three years.
“\(ii\) Rule of construction.—Nothing in this subparagraph
may be construed as imposing any limitation on any other
authority for reimbursable or nonreimbursable details.
“\(iii\) Nonreimbursable detail.—A nonreimbursable detail
made under this subparagraph shall not be considered an
augmentation of the appropriations of the receiving element
of the Program Office.”;
\(3\) in subsection \(c\)—
\(A\) in paragraph \(1\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“supply chain risk” and inserting “acquisition security
and supply chain risk associated with the acquisition of
covered articles”;
\(ii\) in subparagraph \(A\), by striking “exclusion orders”
and inserting “recommended orders”;
\(iii\) in subparagraph \(B\), by striking “removal orders”
and inserting “recommended orders”;
\(iv\) in subparagraph \(C\), by striking “; and” and
inserting a semicolon;
\(v\) in subparagraph \(D\), by striking the period at the end
and inserting “; and”; and
\(vi\) by adding at the end the following:
“\(E\) issuing designated orders.”;
\(B\) in paragraph \(2\)—
\(i\) in the heading, by striking “Recommendations” and
inserting “Recommended orders”;
\(ii\) by striking “use” and inserting “, using”;
\(iii\) by striking “subsection \(a\)\(3\)” and inserting
“subsection \(a\)\(4\)”;
\(iv\) by striking “to issue recommendations” and inserting
“, recommend orders”;
\(v\) by striking “Such recommendations” and inserting
“Any such order recommended”;
\(vi\) by inserting “to the officials described under clause
\(iii\) of paragraph \(6\)\(A\) for issuance under such paragraph”
after “thereof,”;
\(vii\) in subparagraph \(D\), by striking “supply chain
risk” and inserting “acquisition security and supply chain
risk associated with the acquisition of covered articles”;
and
\(viii\) in subparagraph \(E\), by striking “exclusion or
removal”;
\(C\) by redesignating paragraphs \(3\) through \(7\) as
paragraphs \(4\) through \(8\);
\(D\) by inserting after paragraph \(2\) the following:
“\(3\) Designated orders.—
“\(A\) Exclusion or removal of covered sources of concern.—
“\(i\) In general.—Not later than 270 days after a source
of concern is designated as a covered source of concern, the
Council—
“\(I\) shall provide to the officials described under clause
\(iii\) of paragraph \(6\)\(B\) for issuance under such paragraph
orders requiring—
“\(aa\) the exclusion of the covered source of concern from
any executive agency procurement action, including source
selection and consent for a contractor; or
“\(bb\) the removal of covered articles produced or provided
by the covered source of concern from the information system
of executive agencies; or
“\(II\) report to Congress why the Council has determined to
not issue an order described under subclause \(I\) with respect
to the covered source of concern or covered articles produced
or provided by the covered source of concern.
“\(ii\) Contents of order.—Any order provided under clause
\(i\)\(I\) shall include—
“\(I\) information regarding the scope and applicability of
the order, including any information necessary to positively
identify the covered source of concern or covered articles
produced or provided by the covered source of concern
required to be excluded or removed under the order;
“\(II\) a summary of any risk assessment reviewed or
conducted in support of the order;
“\(III\) a summary of the basis for the order, including a
discussion of less intrusive measures that were considered
and why such measures were not reasonably available to reduce
security risk;
“\(IV\) a description of the actions necessary to implement
the order; and
“\(V\) where practicable, in the Council's sole and
unreviewable discretion, a description of mitigation steps
that could be taken by the covered source of concern that may
result in the Council rescinding the order.
“\(B\) Exclusion or removal of second order sources or
covered articles.—
“\(i\) Issuance.—In the case that the Council provides an
order under subparagraph \(A\)\(i\)\(I\), the Council may also
provide an order to the officials described under paragraph
\(6\)\(A\)\(iii\) requiring the exclusion of sources or covered
articles from executive agency procurement actions or removal
of covered articles from executive agency information systems
if—
“\(I\) such covered articles or such sources use a covered
source of concern in the performance of a contract with the
executive agency; or
“\(II\) such sources enter into a contract, the performance
of which such source knows or has reason to believe will
require, in the performance of a contract with the executive
agency, the use of a covered source of concern or the use of
a covered article produced or provided by a covered source of
concern.
“\(ii\) Effective date considerations.—Any effective date
prescribed by the Council for an order issued pursuant to
clause \(i\) shall take into account—
“\(I\) the risk posed by the covered source of concern or
the covered article produced or provided by the covered
source of concern to the national security of the United
States;
“\(II\) the likelihood of the covered source of concern or
the covered article produced or provided by the covered
source of concern causing imminent threat to public health
and safety;
“\(III\) the availability of an alternative source or
covered article produced or provided by an alternative
source; and
“\(IV\) an assessment of the potential direct or
quantifiable costs that may be incurred by the Federal
Government, a State, local, or Tribal government, or by the
private sector, as a result of compliance by the head of an
executive agency with such an exclusion or removal order.”;
\(E\) in paragraph \(4\), as so redesignated—
\(i\) in the heading, by striking “of recommendation and
review” and inserting “and review of recommended orders and
designated orders”;
\(ii\) by striking “ the recommendation” each place the
term appears and inserting “ the order”;
\(iii\) in the matter preceding subparagraph \(A\), by striking
“A notice of the Council's recommendation under paragraph
\(2\)” and inserting “Before the Council recommends an order
under paragraph \(2\) or issues an order under paragraph \(3\), a
notice”;
\(iv\) in subparagraph \(A\), by striking “a recommendation
has been made” and inserting “the order will be recommended
or issued”; and
\(v\) in subparagraph \(D\), by striking “paragraph \(5\)” and
inserting “paragraph \(6\)”.
\(F\) in paragraph \(5\), as so redesignated—
\(i\) by striking “Any notice” and inserting the following:
“\(A\) In general.—Any notice”;
\(ii\) by redesignating subparagraphs \(A\) and \(B\) as clauses
\(i\) and \(ii\) and indenting such clauses 2 ems to the right;
\(iii\) in subparagraph \(A\), by striking “paragraph \(3\)”
and inserting “paragraph \(4\)”;
\(iv\) in clause \(i\), as so redesignated, by striking
“paragraph \(5\)” and inserting “paragraph \(6\)”;
\(v\) in clause \(ii\), as so redesignated, by striking
“paragraph \(6\)” and inserting “paragraph \(7\)”; and
\(vi\) by adding at the end the following new subparagraph:
“\(B\) Information collected.—Until an order is issued
pursuant to paragraph \(6\), any information collected under
paragraph \(4\) shall be exempt from public disclosure and
shall be exempt from disclosure under section 552\(b\)\(3\)\(B\) of
title 5, United States Code \(commonly referred to as the
\`Freedom of Information Act'\).”;
\(G\) in paragraph \(6\), as so redesignated—
\(i\) by amending subparagraph \(A\) to read as follows:
“\(A\) Issuance of recommended orders.—
“\(i\) Modifications to order.—After considering any
response properly submitted by a source under paragraph \(4\)
related to an order to be recommended under paragraph \(2\),
the Council shall—
“\(I\) make such modifications to the order as the Council
considers appropriate; and
“\(II\) provide the order \(together with any information
submitted by a source under paragraph \(4\) related to such
order\) to the officials described under clause \(iii\).
“\(ii\) Order.—Not later than 90 days after receiving a
recommended order, the officials described under clause \(iii\)
shall—
“\(I\) issue the order to the heads of the applicable
agencies; or
“\(II\) submit a notification to the Council that the order
will not be issued, that includes in the notification to the
Council all the reasons for why the order will not be issued.
“\(iii\) Officials.—The officials described in this clause
are as follows:
“\(I\) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause \(II\) or \(III\).
“\(II\) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
“\(III\) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause \(II\).”;
\(ii\) by redesignating subparagraphs \(B\) through \(E\) as
subparagraphs \(C\) through \(F\), respectively;
\(iii\) by inserting after subparagraph \(A\) the following:
“\(B\) Issuance of designated order.—
“\(i\) Modifications.—After considering any response
properly submitted by a source under paragraph \(4\) related to
a designated order, the Council shall—
“\(I\)\(aa\) make any such modifications to the order as the
Council considers appropriate; or
“\(bb\) if the Council determines that the issuance of a
designated order is not warranted, rescind the designated
order and notify the source of the rescission; and
“\(II\) except in the case that the Council rescinds the
designated order under subclause \(I\)\(bb\), provide the
designated order \(including any modifications made to such
order by the Council\) to the officials described in clause
\(iii\).
“\(ii\) Issuance.—The officials described in clause \(iii\)
shall, not later than 90 days after receiving a designated
order, issue the order to the heads of the applicable
agencies.
“\(iii\) Officials.—The officials described in this clause
are as follows:
“\(I\) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause \(II\) or \(III\).
“\(II\) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
“\(III\) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause \(II\).
“\(iv\) Waiver.—An official described under clause \(iii\)
may waive for a period of not more than 365 days the
application of an order issued by such official under clause
\(ii\) with respect to a covered source of concern or a covered
article produced or provided by a covered source of concern
if the official submits, not later than 30 days after making
such waiver, a written notification to the Council, the
appropriate congressional committees, and leadership that
contains the justification for such waiver.
“\(v\) Renewal of waiver.—An official described under
clause \(iii\) may renew a waiver under clause \(iv\) for an
additional period of not more than 180 days if—
“\(I\) the renewal of the waiver is in the national security
interests of the United States; and
“\(II\) the official submits, not later than 30 days after
renewing such waiver, a written notification to the Council,
appropriate congressional committees, and leadership that
includes the justification for renewing the wavier.
“\(vi\) National security waiver.—An official described
under clause \(iii\) may waive the application of an order
issued by such official under clause \(ii\) with respect to a
covered source of concern or a covered article produced or
provided by a covered source of concern for any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States.
“\(vii\) Rescission of order.—An exclusion or removal order
issued under this subparagraph by an official may be
rescinded only by the Council.”.
\(iv\) in subparagraph \(C\), as so redesignated—
\(I\) by striking “subparagraph \(A\)” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”;
\(II\) by striking “this subparagraph” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”; and
\(III\) by striking “, except” and all that follows before
the period at the end;
\(v\) in subparagraph \(D\), as so redesignated—
\(I\) by striking “this paragraph” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”; and
\(II\) by striking “help”;
\(vi\) in subparagraph \(E\), as so redesignated, by striking
“this paragraph” and inserting “subparagraph \(A\)”; and
\(vii\) by adding after subparagraph \(F\), as so redesignated,
the following:
“\(G\) Effective date of orders.—The effective date of an
order issued under this paragraph may not be more than 365
days after the order is issued.”;
\(H\) in paragraph \(7\), as so redesignated, by striking
“paragraph \(5\)\(A\)” and inserting “subparagraph \(A\) or \(B\)
of paragraph \(6\)”; and
\(I\) in paragraph \(8\), as so redesignated, by striking
“paragraph \(5\)” and inserting “paragraph \(6\)”;
\(4\) in subsection \(e\), by inserting “the Chief Data
Officers Council,” before “the Chief Acquisition”; and
\(5\) in subsection \(f\)\(2\), by striking the period at the end
and inserting “unless such source is specifically designated
by statute as a covered source of concern for the purposes of
this subchapter.”.
\(d\) Strategic Plan.—Section 1324\(a\) of title 41, United
States Code, is amended—
\(1\) in the matter preceding paragraph \(1\)—
\(A\) by inserting “, and periodically thereafter” after
“2018”; and
\(B\) by inserting “acquisition security and” before
“supply chain risks”;
\(2\) in paragraph \(8\), by inserting “acquisition security
and” before “supply chain risks”; and
\(3\) in paragraph \(9\)\(A\), by inserting “acquisition
security and” before “supply chain risk”.
\(e\) Requirements for Executive Agencies.—Section 1326 of
title 41, United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\), by striking “; and” and inserting a
semicolon;
\(B\) in paragraph \(2\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(3\) providing any information requested by the
Chairperson of the Council for the purpose of carrying out
activities of this subchapter, subject to applicable law or
policy on the control and handling of classified, sensitive,
or proprietary information.”;
\(2\) by striking “supply chain” each place such term
appears and inserting “security and supply chain”; and
\(3\) in subsection \(b\)\(6\), by striking “supply chain” and
inserting “security or supply chain”.
\(f\) Judicial Procedure.—Section 1327\(b\) of title 41,
United States Code, is amended—
\(1\) in paragraph \(1\), by striking “section 1323\(c\)\(6\)”
and inserting “section 1323\(c\)\(7\)”;
\(2\) in paragraph \(3\), by striking “section 1323\(c\)\(5\)”
and inserting “sections 1323\(c\)\(6\)”; and
\(3\) in paragraph \(4\), by amending subparagraph \(B\)\(i\) to
read as follows:
“\(i\) Filing of record.—The United States shall file with
the court an administrative record, which shall consist of—
“\(I\) the information the Council relied upon in issuing a
designated order under 1323\(c\)\(6\); and
“\(II\) the information that the appropriate official relied
upon in issuing an exclusion or removal order under section
1323\(c\)\(6\) or a covered procurement action under section
4713.”.
\(g\) Additional Provisions.—Subchapter III of chapter 13 of
title 41, United States Code, is amended by adding at the end
the following:
“Sec. 1329. Additional provisions
“\(a\) Compliance With Existing Prohibitions.—In
implementing this subchapter, the Council shall coordinate,
as applicable and practicable, with the head of an agency to
assist with compliance by the agency with—
“\(1\) section 889 of the John S. McCain National Defense
Authorization Act of 2019 \(Public Law 115-232; 41 U.S.C. 3901
note prec.\);
“\(2\) section 5949 of the James M. Inhofe National Defense
Authorization Act of 2023 \(Public Law 117-263; 41 U.S.C. 4713
note\); and
“\(3\) sections 1821 through 1833 of the American Security
Drone Act of 2023 \(Public Law 118-31; 41 U.S.C. 3901 note
prec.\).
“\(b\) Update to Regulations.—The Federal Acquisition
Security Council shall update, within two years after the
date of the enactment of this section, any regulations of the
Council as necessary.”.
\(h\) Reallocating Existing Resources.—Section 5949\(l\)\(1\) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 \(Public Law 117-263; 41 U.S.C. 4713 note\) is
amended by inserting before the period at the end the
following: “and the Federal Acquisition Security Council
Program Office established under section 1323\(b\)\(2\) of title
41, United States Code”.
\(i\) Technical and Conforming Changes.—Subchapter III of
chapter 13 of title 41, United States Code, is amended—
\(1\) in the table of sections for the subchapter by adding
after the item related to section 1328 the following:
“1329. Additional provisions.”; and
\(2\) by striking “of this title” each place the term
appears.
SA 6087. Ms. ALSOBROOKS \(for herself, Mr. Kim, Mr. Kelly, Mr. Van Hollen, Mr. Padilla, and Mr. Hickenlooper\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1078.
SA 6088. Mr. FETTERMAN \(for himself and Mr. Budd\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title G, add the following:
Subtitle H—National Programmable Cloud Laboratories Network
SEC. 1. SHORT TITLE.
This subtitle may be cited as the “National Programmable
Cloud Laboratories Network Act of 2025”.
SEC. 2. DEFINITIONS.
\(a\) Definitions.—In this subtitle:
\(1\) Artificial intelligence.—The term “artificial
intelligence” has the meaning given such term in section
5002 of the William M. \(Mac\) Thornberry National Defense
Authorization Act for Fiscal Year 2021 \(15 U.S.C. 9401\).
\(2\) Biological data.—The term “biological data” means
the information, including associated descriptors, derived
from the structure, function, or process of a biological
system that is either measured, collected, or aggregated for
analysis.
\(3\) Director.—Unless otherwise provided, the term
“Director” means the Director of the National Science
Foundation.
\(4\) Institution of higher education.—The term
“institution of higher education” has the meaning given the
term in section 101 of the Higher Education Act of 1965 \(20
U.S.C. 1001\).
\(5\) Network.—The term “Network” means the National
Programmable Cloud Laboratories Network.
\(6\) Node.—The term “node” means a programmable cloud
laboratory designated as part of the Network.
\(7\) Non-designated laboratory.—The term “non-designated
laboratory” means any Federal, academic, nonprofit, or
private industry programmable cloud laboratory not selected
as a node under section 4.
\(8\) Programmable cloud laboratory.—The term “programmable
cloud laboratory”
means a physical laboratory that is equipped with research
instrumentation and advanced manufacturing capabilities,
including robotics and artificial intelligence, that can be
securely and remotely programmed and controlled in order to
conduct experiments and collect associated data.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
\(a\) Authorization of Appropriations.—There are authorized
to be appropriated to carry out the activities under this
subtitle—
\(1\) $30,000,000 for fiscal year 2026;
\(2\) $30,000,000 for fiscal year 2027;
\(3\) $30,000,000 for fiscal year 2028;
\(4\) $30,000,000 for fiscal year 2029; and
\(5\) $30,000,000 for fiscal year 2030.
\(b\) Derivation of Funds.—Amounts made available to carry
out this subtitle shall be derived from amounts appropriated
or otherwise made available to the National Science
Foundation.
SEC. 4. NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK.
\(a\) Purposes.—The purposes of the Network established
under this subtitle are—
\(1\) to maintain leadership by the United States in advanced
experimentation, biotechnology, laboratory automation, and
artificial intelligence for scientific research, advanced
manufacturing, long-term economic competitiveness, and
national security;
\(2\) to reduce the cost of federally funded research through
automation and reproducibility;
\(3\) to accelerate national competitiveness by transferring
government-funded research to private-sector commercial
applications;
\(4\) to improve collaboration among federally funded
national laboratories, institutions of higher education, and
private industry;
\(5\) to ensure that investment in programmable cloud
laboratories results in measurable cost savings,
efficiencies, and long-term fiscal sustainability;
\(6\) to incentivize private-sector cost-sharing in research
infrastructure and equipment;
\(7\) to support workforce development aligned with the
technical needs of industry in the United States;
\(8\) to provide funding for nodes;
\(9\) to advance the development of a domestic industrial
base for scientific automation tools, biotechnology,
artificial intelligence systems for experimentation, and
robotics platforms for use in laboratory settings; and
\(10\) to further programmable cloud laboratory research in
areas such as materials science, biotechnology, chemistry,
and other scientific or engineering disciplines where
automation and cloud-enabled experimentation can deliver
transformative results, including advanced materials
synthesis and characterization, scalable biotechnology
experimentation, and high-throughput chemical catalyst
development.
\(b\) Establishment; Awards.—
\(1\) In general.—
\(A\) Establishment.—Not later than 1 year after the date of
enactment of this subtitle, the Director, in consultation
with the Director of the National Institute of Standards and
Technology, shall designate and oversee a National
Programmable Cloud Laboratories Network of not more than 6
nodes to support secure, standards-based, and cost-effective
remote experimentation and automated research.
\(B\) Awards.—The Director shall award a grant to each node,
in an amount not greater than $5,000,000 per fiscal year for
a period of not more than 5 years, to support the National
Programmable Cloud Laboratories Network.
\(2\) Assessment sequencing.—The assessment required under
section 6 shall be conducted only after the final
designation of nodes under paragraph \(1\).
\(3\) Nodes.—The Network shall consist of nodes that—
\(A\) enable programmable workflows and automated science;
\(B\) provide access to advanced scientific and manufacturing
instruments, including artificial intelligence-enabled tools;
\(C\) collaborate to establish and adopt common standards,
protocols, and best practices; and
\(D\) support interoperability across and between nodes.
\(c\) Application and Selection.—
\(1\) In general.—The Director shall issue a public
solicitation for eligible entities to apply for node
designation.
\(2\) Eligible entities.—Eligible entities that may apply
for designation as a node include—
\(A\) institutions of higher education;
\(B\) nonprofit research organizations;
\(C\) private sector research entities; and
\(D\) consortia or collaborations of the entities described
in subparagraphs \(A\) through \(C\).
\(d\) Applications for Designation.—An eligible entity that
desires to apply for designation as a node in the Network
shall submit an application to the Director at such time and
in such manner as the Director may require. The application
shall include—
\(1\) a technical and programmatic plan for laboratory
operations, automation capabilities, and data integration;
\(2\) a plan to achieve long-term self-sustainability,
including metrics, interim milestones, and a timeline for
reducing reliance on Federal funding; and
\(3\) evidence of non-Federal cost share, private capital, or
other third-party contributions demonstrating self-
sustainability potential.
\(e\) Evaluation of Applicants.—The Director shall ensure
that the process for selecting eligible entities for
designation in the Network is competitive, merit-based, and
transparent, through the evaluation of, with respect to each
entity—
\(1\) pre-existing laboratory infrastructure and suitability
for automated science;
\(2\) capacity to support distributed, cloud-enabled
programmable workflows for multiple users;
\(3\) likelihood of achieving long-term sustainability
without continued Federal funding;
\(4\) demonstrated ability to collaborate with other nodes,
academic partners, industry partners, or other Federal
research agencies \(as defined in section 10002 of the
Research and Development, Competition, and Innovation Act \(42
U.S.C. 18901\)\);
\(5\) protocols for research security, cybersecurity, and
responsible access; and
\(6\) demonstration of user interest and research needs.
\(f\) Designation.—In designating nodes, the Director
shall—
\(1\) give preference to applicants demonstrating meaningful
third-party cost share and pre-existing infrastructure; and
\(2\) to the extent practicable, ensure that at least 1 node
demonstrates the capability to support cloud-enabled
biotechnology research, including automated experimentation
or quality control workflows.
\(g\) Responsibilities.—Each node selected by the Director
shall—
\(1\) support the purposes described in subsection \(a\)\(9\);
\(2\) facilitate collaboration among Network members to
expand and integrate automated science capabilities and best
practices;
\(3\) actively participate with the Director of the National
Institute of Standards and Technology in developing network-
wide interoperability, data-sharing, cybersecurity, and
artificial intelligence-assisted experimentation standards;
\(4\) support secure sharing of experimental data, including
biological data, models, and results across institutions of
higher education participating in the Network, if applicable;
\(5\) provide a secure digital infrastructure to enable
remote experimentation, artificial intelligence-assisted
analysis, and reproducible science;
\(6\) engage in public-private partnerships to streamline the
transfer of technology developed using Network
infrastructure;
\(7\) develop and maintain a financial sustainability plan to
reduce long-term reliance on Federal funds, including through
user fees, licensing, consortia membership, or other revenue-
generating models;
\(8\) establish performance metrics, including scientific
output, cost-effectiveness, academic engagement, private-
sector engagement, user satisfaction, and reproducibility of
results; and
\(9\) where practicable, leverage commercially available
hardware and software solutions to minimize cost and
accelerate deployment of automated science capabilities.
SEC. 5. INTERAGENCY COLLABORATION.
Not later than 180 days after all nodes of the Network are
designated, the Director of the National Institute of
Standards and Technology, in cooperation with the Director
and participating eligible entities \(including institutions
of higher education\), shall—
\(1\) develop and promulgate standards to ensure
interoperability across Network nodes, including laboratory
instrumentation, data infrastructure, communication
protocols, and experiment execution systems;
\(2\) establish protocols for secure, seamless, and
standardized data-sharing among all members of the Network,
including sharing of biological data, aligned with node-level
cybersecurity and research security protocols;
\(3\) define minimum technical requirements and operating
procedures to support remote experimentation, experiment
reproducibility, and artificial intelligence-assisted
workflows; and
\(4\) periodically update such standards in consultation with
private sector partners and nodes of the Network to reflect
advancements in hardware, software, and automation
technology.
SEC. 6. ASSESSMENT OF NON-DESIGNATED LABORATORIES.
\(a\) Assessment Requirement.—Not later than 180 days after
the Director designates the final node of the Network under
section 4, the Director, in consultation with the
Secretary of Energy and the Director of the National
Institute of Standards and Technology, shall conduct and
submit to the appropriate committees of Congress, a
comprehensive assessment of non-designated laboratories.
\(b\) Scope.—The assessment shall identify, to the extent
practicable—
\(1\) Federal laboratories, institutions of higher education,
nonprofit organizations, and private-sector laboratories that
possess or are developing programmable, automated, or
remotely accessible research infrastructure;
\(2\) the instrumentation, automation, and data capabilities
of such laboratories;
\(3\) cybersecurity and research security measures relevant
to interoperability;
\(4\) existing or potential pathways for such laboratories to
coordinate with Network nodes in areas such as data-sharing,
standards adoption, or pilot interoperability projects; and
\(5\) legal, contractual, or intellectual property
considerations that may affect participation in the Network.
\(c\) Confidentiality and Security.—Proprietary information
shall be protected from public disclosure consistent with
applicable law. The Director shall publish a nonproprietary
public summary of the assessment and may submit a proprietary
annex to the congressional committees of jurisdiction.
SEC. 7. REPORTING AND OVERSIGHT.
\(a\) Annual Briefings.—Not later than 1 year after the date
of enactment of this subtitle, and annually thereafter, the
Director shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives on the
status of the Network.
\(b\) Contents.—Each briefing required under subsection \(a\)
shall include an assessment of—
\(1\) the alignment of supported research with national
scientific and economic priorities;
\(2\) the progress each node of the Network has made toward
achieving self-sustainability as described in section
4\(d\)\(2\); and
\(3\) the performance metrics established in section
4\(g\)\(8\).
SEC. 8. SUNSET.
The National Programmable Cloud Laboratories Network,
including all authorities, programs, and funding provided
under this subtitle, shall terminate on September 30, 2031.
SA 6089. Mr. COONS \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . VOICE AND VISUAL LIKENESS RIGHTS.
\(a\) Definitions.—In this section:
\(1\) Digital fingerprint.—The term “digital fingerprint”
means an electronic label or identifier created by a
cryptographic hash function \(or similar function\), or any
other digital process, tool, or technique selected by the
provider of an online service, that is unique to a specific
piece of material such that it is effectively certain that
such piece of material will not be misidentified as a match
for a different piece of material.
\(2\) Digital replica.—The term “digital replica”—
\(A\) means a newly created, computer-generated, highly
realistic electronic representation that is readily
identifiable as the voice or visual likeness of an individual
that—
\(i\) is embodied in a sound recording, image, audiovisual
work, including an audiovisual work that does not have any
accompanying sounds, or transmission—
\(I\) in which the actual individual did not actually perform
or appear; or
\(II\) that is a version of a sound recording, image, or
audiovisual work in which the actual individual did perform
or appear, in which the fundamental character of the
performance or appearance has been materially altered; and
\(B\) does not include the electronic reproduction, use of a
sample of one sound recording or audiovisual work into
another, remixing, mastering, or digital remastering of a
sound recording or audiovisual work authorized by the
copyright holder.
\(3\) Individual.—The term “individual” means a human
being, living or dead.
\(4\) Interactive computer service.—The term “interactive
computer service” means any information service, system, or
access software provider that provides or enables computer
access by multiple users to a computer server, including
specifically—
\(A\) a service or system that provides access to the
internet; and
\(B\) such systems operated, or services offered, by
libraries or educational institutions.
\(5\) Online service.—The term “online service”—
\(A\) means—
\(i\) any website, online application, mobile application, or
virtual reality environment that predominantly provides
public access to user uploaded material;
\(ii\) any digital music provider to which section 115 of
title 17, United States Code, applies, to the extent that the
digital music provider provides public access to a
significant amount of sound recordings that are predominantly
the fixation of sounds of a performance of a musical
composition and are user uploaded material, if that digital
music provider is not covered under clause \(i\); and
\(iii\) any online application, mobile application, virtual
reality environment, application store, search engine
\(including any feature that provides web search results\),
advertising service or network, online shopping service or
platform, electronic commerce provider, mapping service,
cloud storage service, aggregator of visual and audiovisual
works for licensing, or website hosting service or any other
interactive computer service that is not covered under clause
\(i\), and is not a digital music provider to which section 115
of title 17, United States Code, applies, but only if the
provider of that interactive computer service has registered
a designated agent with the Copyright Office under subsection
\(d\)\(2\); and
\(B\) does not include any website, online application,
mobile application, virtual reality environment, application
store, cloud storage service, or search engine, if the
primary function of that website, online application, mobile
application, virtual reality environment, application store,
cloud storage service, or search engine is to distribute,
import, transmit, or otherwise make available to the public a
product or service described in subsection \(c\)\(2\)\(B\).
\(6\) Right holder.—The term “right holder” means—
\(A\) the individual, the voice or visual likeness of whom is
at issue with respect to a digital replica or a product or
service described in subsection \(c\)\(2\)\(B\); and
\(B\) any other individual or entity that has acquired,
through a license, inheritance, or otherwise, the right to
authorize the use of the voice or visual likeness described
in subparagraph \(A\).
\(7\) Sound recording artist.—The term “sound recording
artist” means an individual who creates or performs in sound
recordings for economic gain or for the livelihood of the
individual.
\(8\) User uploaded material.—The term “user uploaded
material”—
\(A\) means material, such as a video, image, audio file, or
other similar material, that is placed on a service directly
by, or at the direction of, a consumer end user of a service;
and
\(B\) does not include material that is—
\(i\) embodied in a video game; and
\(ii\) generated or customized by a consumer end user of that
video game.
\(b\) Digital Replication Right.—
\(1\) In general.—Subject to the other provisions of this
section, each individual or right holder shall have the right
to authorize—
\(A\) the use of a digital replica embodying the voice or
visual likeness of the individual; or
\(B\) the use of the voice or visual likeness of the
individual in connection with a product or service for which
authorization of the individual or right holder is required
to avoid liability with respect to an activity described in
subsection \(c\)\(2\)\(B\).
\(2\) Nature of right.—
\(A\) In general.—The right described in paragraph \(1\) shall
have the following characteristics:
\(i\) The right is—
\(I\) a property right;
\(II\) not assignable during the life of the individual,
including through involuntary transfer, such as by means of
bankruptcy, levy, lien enforcement, court order, or other
legal process; and
\(III\) licensable, in whole or in part, exclusively or non-
exclusively, by the right holder.
\(ii\) The right shall not expire upon the death of the
individual, without regard to whether the right is
commercially exploited by the individual during the lifetime
of the individual.
\(iii\) Upon the death of the individual—
\(I\) the right is transferable and licensable, in whole or
in part, by the executors, heirs, assignees, licensees, or
devisees of the individual; and
\(II\) ownership of the right may be—
\(aa\) transferred, in whole or in part, by any means of
conveyance or by operation of law; and
\(bb\) bequeathed by will or pass as personal property by the
applicable laws of intestate succession.
\(iv\)\(I\) The right shall be exclusive to—
\(aa\) the individual, subject to the licensing of the right
during the lifetime of that individual under subparagraph
\(B\); and
\(bb\) the right holder—
\(AA\) for a period of 10 years after the death of the
individual; and
\(BB\) if the right holder demonstrates active and authorized
public use of the voice or visual likeness of the individual
in interstate or foreign commerce during the 2-year period
preceding the expiration of the 10-year period described in
subitem \(AA\), for an additional 5-year period, subject to
renewal for additional 5-year periods, provided the right
holder can demonstrate authorized public use of the voice or
visual likeness of the individual in interstate or foreign
commerce during the 2-year period preceding the expiration of
each additional 5-year period.
\(II\) The commercial availability of a sound recording or
audiovisual work in which the voice or visual likeness of an
individual is readily identifiable shall constitute active
and authorized public use of that voice or visual likeness
for the purposes of subclause \(I\)\(bb\)\(BB\).
\(v\) The right shall terminate on the date that is the
earlier of—
\(I\) the date on which the 10-year period or 5-year period
described in clause \(iv\)\(I\)\(bb\) terminates without renewal;
or
\(II\) the date that is 70 years after the death of the
individual.
\(B\) Requirements for license.—
\(i\) In general.—A license described in subparagraph
\(A\)\(i\)\(III\)—
\(I\) while the applicable individual is living, is valid
only to the extent that the license duration does not exceed
10 years; and
\(II\) shall be valid only if the license agreement—
\(aa\) is in writing and signed by—
\(AA\) the applicable individual; or
\(BB\) in the case of a deceased individual, the right holder
or an authorized representative of the right holder; and
\(bb\) includes a reasonably specific description of the
intended uses of the applicable digital replica.
\(ii\) Licenses involving a minor.—A license described in
subparagraph \(A\)\(i\)\(III\) involving a living individual who is
younger than 18 years of age—
\(I\) is valid only to the extent that the license duration
does not exceed 5 years, but in any case terminates when the
individual reaches 18 years of age; and
\(II\) shall be valid only if the license agreement—
\(aa\) is in writing and signed by the individual or an
authorized representative of the individual;
\(bb\) includes a reasonably specific description of the
intended uses of the digital replica; and
\(cc\) is approved by a court in accordance with applicable
State law.
\(iii\) Collective bargaining agreements.—The provisions of
clauses \(i\) and \(ii\) shall not apply with respect to a
license if the license is governed by a collective bargaining
agreement that addresses digital replicas.
\(iv\) Limitation.—The provisions of clauses \(i\) and \(ii\)
shall not affect terms and conditions of a license or related
contract other than those described in this subparagraph, and
the expiration of that license shall not affect the remainder
of the license or related contract.
\(C\) Requirements for post-mortem transfer.—A post-mortem
transfer or license described in subparagraph \(A\)\(iii\)\(I\)
shall be valid only if the transfer agreement or license
agreement is in writing and signed by the right holder or an
authorized representative of the right holder.
\(D\) Registration for post-mortem renewal.—
\(i\) In general.—The renewal of a post-mortem right under
subparagraph \(A\)\(iv\)\(I\)\(bb\)\(BB\) shall be effective if, during
the applicable 2-year renewal period described in that
subparagraph, the right holder files a notice with the
Register of Copyrights that complies with such requirements
regarding form and filing procedures as the Register of
Copyrights may prescribe by regulation, which shall include—
\(I\) the name of the deceased individual;
\(II\) a statement, under penalty of perjury, that the right
holder has engaged in active and authorized public use of the
voice or visual likeness in interstate or foreign commerce
during the applicable 2-year period;
\(III\) the identity of and contact information for the right
holder; and
\(IV\) such other information as the Register of Copyrights
may prescribe by regulation.
\(ii\) Directory.—The Register of Copyrights—
\(I\) shall—
\(aa\) maintain a current directory of post-mortem digital
replication rights registered under this subparagraph; and
\(bb\) make the directory described in item \(aa\) available to
the public for inspection online; and
\(II\) may require payment of a reasonable filing fee by the
right holder filing notice under clause \(i\), which may take
into consideration the costs of maintaining the directory
described in subclause \(I\) of this clause.
\(iii\) Voluntary initial registration.—
\(I\) In general.—A right holder may voluntarily register
the post-mortem right under subparagraph \(A\)\(iv\)\(I\)\(bb\)\(AA\)
by filing a notice with the Register of Copyrights that
complies with such requirements regarding form, content, and
filing procedures as the Register of Copyrights may prescribe
by regulation.
\(II\) Authority of register of copyrights.—The Register of
Copyrights may—
\(aa\) include a voluntary registration of the post-mortem
right under subparagraph \(A\)\(iv\)\(I\)\(bb\)\(AA\) in the directory
maintained under clause \(ii\)\(I\)\(aa\) of this subparagraph; and
\(bb\) require payment of a reasonable filing fee by a right
holder registering a right under this clause, which may take
into consideration the costs of maintaining the directory.
\(iv\) Initial post-mortem registration for individuals
deceased 8 years or longer as of date of enactment.—
Notwithstanding any other provision of this paragraph—
\(I\) with respect to an individual who died not fewer than
10 years before the date of enactment of this Act, the
applicable right holder may, not later than 90 days after the
effective date of this section, voluntarily register the
post-mortem right under subparagraph \(A\)\(iv\)\(I\)\(bb\)\(BB\) by
filing with the Register of Copyrights a notice that complies
with such requirements as the Register of Copyrights may
prescribe by regulation under clause \(i\), if the right holder
demonstrates the required authorized public use of the voice
or visual likeness of the individual in interstate or foreign
commerce during the 2-year period preceding the date of
enactment of this Act, subject to protection during the
periods of exclusivity and termination under clauses \(iv\) and
\(v\) of subparagraph \(A\); and
\(II\) with respect to an individual who died not fewer than
8, and fewer than 10, years before the date of enactment of
this Act, the applicable right holder may file a notice under
clause \(i\) or subclause \(I\) of this clause.
\(v\) Authority of register of copyrights.—The Register of
Copyrights may make such interpretations and resolve such
ambiguities as may be appropriate to carry out this
subparagraph.
\(E\) Post-expiration or termination utilization of
authorized uses.—A digital replica that is embodied in a
sound recording, image, audiovisual work, including an
audiovisual work that does not have any accompanying sounds,
or transmission, and the use of which is authorized pursuant
to the terms of a license, may continue to be utilized in a
manner consistent with the terms of that license after the
expiration or termination of the license.
\(c\) Liability.—
\(1\) In general.—Any individual or entity that, in a manner
affecting interstate or foreign commerce \(or using any means
or facility of interstate or foreign commerce\), engages in an
activity described in paragraph \(2\) shall be liable in a
civil action brought under subsection \(e\).
\(2\) Activities described.—An activity described in this
paragraph is either of the following:
\(A\) The public display, distribution, transmission, or
communication of, or the act of otherwise making available to
the public, including by acting as a third party commercial
supplier of sound recordings to a digital music provider, a
digital replica without authorization by the applicable right
holder.
\(B\) Distributing, importing, transmitting, or otherwise
making available to the public a product or service that—
\(i\) is primarily designed to produce 1 or more digital
replicas of a specifically identified individual or
individuals without the authorization of—
\(I\) such individual or individuals;
\(II\) the applicable right holder; or
\(III\) the law;
\(ii\) has only limited commercially significant purpose or
use other than to produce a digital replica of a specifically
identified individual or individuals without the
authorization of—
\(I\) such individual or individuals;
\(II\) the applicable right holder; or
\(III\) the law; or
\(iii\) is marketed, advertised, or otherwise promoted by the
individual or entity described in paragraph \(1\), or another
individual or entity acting in concert with the individual or
entity described in paragraph \(1\) with the knowledge of the
individual or entity described in paragraph \(1\), as a product
or service designed to produce a digital replica of a
specifically identified individual or individuals without the
authorization of—
\(I\) such individual or individuals;
\(II\) the applicable right holder; or
\(III\) the law.
\(3\) Notice or knowledge required.—To incur liability under
this subsection, the following shall apply:
\(A\)\(i\) With respect to an activity carried out under
paragraph \(2\) by the provider of an online service described
in clause \(ii\), the designated agent with respect to the
provider must have received a notification that satisfies the
requirements under subsection \(d\)\(3\), or a court order
stating, or must have willfully avoided receipt of such a
notification or court order, that the applicable material
is—
\(I\) a digital replica, the use of which was not authorized
by the applicable right holder; or
\(II\) a product or service described in paragraph \(2\)\(B\).
\(ii\) An online service described in this clause is an
online service that is—
\(I\) described in subsection \(a\)\(5\)\(A\)\(i\);
\(II\) described in subsection \(a\)\(5\)\(A\)\(ii\), with respect to
sound recordings that are predominantly the fixation of
sounds of a performance of a musical composition and are user
uploaded material; or
\(III\) described in subsection \(a\)\(5\)\(A\)\(iii\), with respect
to material placed on that online service by or at the
direction of a third party.
\(B\) With respect to an activity carried out under paragraph
\(2\) by an individual or entity that is not an online service,
or an activity carried out under paragraph \(2\) by the
provider of an online service that is not described in
subparagraph \(A\)\(ii\), the individual or entity must have
actual knowledge, or must willfully avoid having such
knowledge, that the applicable material is—
\(i\) a digital replica, the use of which was not authorized
by the applicable right holder; or
\(ii\) a product or service described in paragraph \(2\)\(B\).
\(4\) Exclusions.—Liability under this subsection shall not
extend to—
\(A\) a service by wire or radio that provides the capability
to transmit data to and receive data from all, or
substantially all, internet endpoints, including any
capabilities that are incidental to enable the operation of
the communications service of a provider of online services
or network access, or the operator of facilities for such
service;
\(B\) a provider of an online service described in paragraph
\(3\)\(A\)\(ii\) alleged to have undertaken an activity described
in paragraph \(2\) if—
\(i\) it is not technologically or practically feasible for
that provider to disable access to the offending material, or
disable the reference or link to that material, at the
specific location identified in the applicable notification
sent under subsection \(d\)\(3\); or
\(ii\) disabling access to the offending material is
prohibited by law;
\(C\) a nonprofit library or archives—
\(i\) that is eligible for the limitations on exclusive
rights under section 108 of title 17, United States Code;
\(ii\) the collections of which are—
\(I\) open to the public; or
\(II\) available not only to researchers affiliated with the
library or archives, or with the institution of which the
library or archives is a part, but also to other persons
doing research in a specialized field;
\(iii\) that has a public service mission;
\(iv\) the trained staff or volunteers of which provide
professional services normally associated with libraries and
archives; and
\(v\) the collections of which are composed of lawfully
acquired or licensed materials that are made available
consistent with the requirements of title 17, United States
Code;
\(D\) an accredited nonprofit educational institution with
respect to an activity undertaken without any purpose of
direct or indirect commercial advantage;
\(E\) an employee of an institution described in subparagraph
\(C\) or \(D\) acting within the scope of the employment of that
individual;
\(F\) any other person solely with respect to providing
online or network access services to an institution described
in subparagraph \(C\) or \(D\) in the course of providing those
services to that institution; or
\(G\) an individual or entity that is not an online service,
if, upon obtaining actual knowledge of an activity described
in paragraph \(2\), the individual or entity acts as soon as
technologically and practically feasible to remove or disable
access to the applicable material.
\(5\) Additional exclusions.—
\(A\) In general.—An activity shall not be considered to be
an activity described in paragraph \(2\) if—
\(i\) the applicable digital replica is used in a bona fide
news, public affairs, or sports broadcast or account,
provided that the digital replica is the subject of, or is
materially relevant to, the subject of that broadcast or
account;
\(ii\) the applicable digital replica is a representation of
the applicable individual as the individual in a documentary
or in a historical or biographical manner, including some
degree of fictionalization, unless—
\(I\) the use of that digital replica creates the false
impression that the work is an authentic sound recording,
image, transmission, or audiovisual work in which the
individual participated; or
\(II\) the digital replica is embodied in a musical sound
recording that is synchronized to accompany a motion picture
or other audiovisual work, except to the extent that the use
of that digital replica is protected by the First Amendment
to the Constitution of the United States;
\(iii\) the applicable digital replica is used consistent
with the public interest in bona fide commentary, criticism,
scholarship, satire, or parody;
\(iv\) the use of the applicable digital replica is fleeting
or negligible; or
\(v\) the applicable digital replica is used in an
advertisement or commercial announcement for a purpose
described in any of clauses \(i\) through \(iv\) and the
applicable digital replica is relevant to the subject of the
work so advertised or announced.
\(B\) Applicability.—Subparagraph \(A\) shall not apply where
the applicable digital replica is used to depict sexually
explicit conduct, as defined in section 2256\(2\)\(A\) of title
18, United States Code.
\(6\) Voluntary use of tools to remove or disable access.—
The voluntary use of any tool to remove or disable access to
content shall not alone confer actual knowledge of a
particular violation of this section.
\(d\) Safe Harbors.—
\(1\) In general.—
\(A\) Products and services capable of producing digital
replicas.—No individual or entity shall be directly or
secondarily liable under this section for an activity
described in subsection \(c\)\(2\)\(A\) by virtue of distributing,
importing, transmitting, or otherwise making available to the
public a product or service unless the product or service is
a product or service described in subsection \(c\)\(2\)\(B\).
\(B\) Online services.—The provider of an online service
shall not be liable for an activity that violates subsection
\(c\), or for referring or linking to the material embodying an
unauthorized digital replica or a product or service
described in subsection \(c\)\(2\)\(B\), if—
\(i\) for the provider of an online service described in
subsection \(a\)\(5\)\(A\)\(iii\) \(other than a search engine or a
search component of a service\), the provider has adopted and
reasonably implemented, and has informed users of the online
service of, a policy that provides for the termination in
appropriate circumstances of account holders of the online
service that are repeat violators of subsection \(c\)\(2\),
provided that the failure to terminate a particular account
holder in accordance with that policy shall subject the
provider of the online service to potential liability only
with respect to violating content posted by that account
holder; and
\(ii\)\(I\) upon receiving a notification that satisfies the
requirements under paragraph \(3\), the provider—
\(aa\) removes or disables access to the work embodying the
claimed unauthorized use of a digital replica or the product
or service specifically identified in a notice sent under
that paragraph, or, as applicable, the link or reference to
the unauthorized use of a digital replica or product or
service, as soon as is technologically and practically
feasible for that provider;
\(bb\) for the provider of an online service described in
subsection \(a\)\(5\)\(A\)\(i\), as soon as is technologically and
practically feasible for that provider, removes or disables
access to all other publicly available instances of the work
embodying the claimed unauthorized use of a digital replica
that—
\(AA\) match the digital fingerprint of an unauthorized use
of a digital replica specifically identified in a
notification sent under paragraph \(3\); and
\(BB\) are uploaded after valid, applicable notice was
submitted to, and processed by, the provider;
\(cc\) for the provider of an online service described in
subsection \(a\)\(5\)\(A\)\(ii\), with respect to sound recordings
that are predominantly the fixation of sounds of a
performance of a musical composition and are user uploaded
material, as soon as is technologically and practically
feasible for that provider, removes or disables access to all
other publicly available instances of the work embodying the
claimed unauthorized use of a digital replica that—
\(AA\) match the digital fingerprint of an unauthorized use
of a digital replica specifically identified in a
notification sent under paragraph \(3\); and
\(BB\) are uploaded after valid, applicable notice was
submitted to, and processed by, the provider; and
\(dd\) takes reasonable steps to promptly notify the right
holder, and the party that placed the material on the online
service, that the online service removed or disabled access
to the material; and
\(II\) the provider, in the case that the provider receives a
counter-notification that satisfies the requirements under
paragraph \(4\) and opts to replace the removed material or
cease disabling access to that material—
\(aa\) takes reasonable steps to promptly provide the
individual or entity that provided the applicable
notification under paragraph \(3\) with a copy of the counter-
notification; and
\(bb\) not less than 14 days after the date on which the
provider receives that counter-notification, replaces the
removed material or ceases disabling access to that material,
unless an eligible plaintiff described in subsection \(e\)
brings an action under that subsection, in which case the
provider shall remove the material or disable access to the
material as soon as is technologically and practically
feasible for the provider.
\(2\) Designated agent.—
\(A\) Designation.—
\(i\) In general.—A provider of an online service described
in clause \(i\) or \(ii\) of subsection \(a\)\(5\)\(A\) shall, and a
provider of an online service that is described in subsection
\(a\)\(5\)\(A\)\(iii\) and is eligible for registration may, register
a designated agent in accordance with this paragraph.
\(ii\) Contents.—To designate an agent under clause \(i\), the
provider of an online service shall make available through
that online service, in a location accessible to the public,
and provide to the Copyright Office, substantially the
following information:
\(I\) The name, address, telephone number, and electronic
mail address of the agent.
\(II\) Other contact information that the Register of
Copyrights may determine appropriate.
\(B\) Directory.—The Register of Copyrights—
\(i\) shall—
\(I\) maintain a current directory of designated agents for
the purposes of this paragraph; and
\(II\) make the directory described in subclause \(I\)
available to the public for inspection, including through the
internet; and
\(ii\) may require payment of a fee by the provider of an
online service to cover the costs of maintaining the
directory described in clause \(i\)\(I\).
\(C\) Effect of failure to designate.—There shall be
established a presumption that a provider of an online
service described in subparagraph \(A\)\(i\) has not undertaken a
good faith effort to comply with this subsection if the
provider has failed to register a designated agent under this
paragraph by the later of—
\(i\) the date that is 90 days after the effective date of
this section; or
\(ii\) the date that is 90 days after the date on which the
provider becomes a provider described in subparagraph \(A\)\(i\).
\(3\) Elements of notification.—To be effective under this
subsection, a notification of a claimed violation of the
right described in subsection \(b\) shall be a written
communication provided to the designated agent registered
under this subsection with respect to the applicable provider
of an online service that includes the following:
\(A\) A physical or electronic signature of the right holder,
an individual or entity authorized to act on behalf of the
right holder, or an eligible plaintiff under subsection
\(e\)\(1\).
\(B\) Identification of the individual, the voice or visual
likeness of whom is at issue with respect to an unauthorized
use of a digital replica or a product or service described in
subsection \(c\)\(2\)\(B\).
\(C\) Identification of the material embodying an
unauthorized use of a digital replica or a product or service
described in subsection \(c\)\(2\)\(B\), including information
sufficient to allow the provider to locate the identified
material.
\(D\) Information reasonably sufficient to permit the
provider to contact the notifying party, such as an address,
telephone number, and email address.
\(E\) A statement that the notifying party believes in good
faith that—
\(i\) the material is—
\(I\) a digital replica, the use of which is unauthorized; or
\(II\) a product or service described in subsection
\(c\)\(2\)\(B\); and
\(ii\) the exclusions under subsection \(c\)\(5\) do not apply.
\(F\) If not the right holder or an eligible plaintiff under
subsection \(e\)\(1\), a statement, under penalty of perjury,
that the notifying party has the authority to act on behalf
of the right holder.
\(G\) For the purposes of paragraph \(1\)\(B\), information
reasonably sufficient to—
\(i\) identify the reference or link to the material or
activity claimed to be or embodying an unauthorized use of a
digital replica, or a product or service described in
subsection \(c\)\(2\)\(B\), that is to be removed or to which
access is to be disabled; and
\(ii\) permit the provider to locate the reference or link
described in clause \(i\).
\(4\) Elements of counter-notification.—To be effective
under this subsection, a counter-notification with respect to
a notification provided under paragraph \(3\) shall be a
written communication that satisfies the following:
\(A\) The counter-notification is provided—
\(i\) to the designated agent of the online service provider
to which that notification was submitted under paragraph \(3\);
and
\(ii\) by the party that placed the applicable material on
the online service.
\(B\) The counter notification includes the following:
\(i\) A physical signature, witnessed or attested to in
person by a licensed notary public, of the individual or
entity that placed the applicable material on the online
service.
\(ii\) An identification of the material that has been
removed or to which access has been disabled and the location
at which the material appeared before the material was
removed or access to the material was disabled.
\(iii\) Information that is reasonably sufficient to permit
the provider of the online service and the individual or
entity that provided the notification under paragraph \(3\) to
contact the party providing the counter-notification,
including an address, telephone number, and email address.
\(iv\) A statement made under penalty of perjury that the
party providing the counter-notification has a good faith
belief that the applicable material was removed, or access to
that material was disabled, as a result of mistake or
misidentification of the material to be removed or access to
which was to be disabled, which shall include a specific
assertion by the party providing the counter-notification
that such material—
\(I\) is not a digital replica;
\(II\) is an authorized use of a digital replica; or
\(III\) is an unauthorized use of a digital replica that
satisfies an exclusion under paragraph \(4\) or \(5\) of
subsection \(c\), a limitation on liability under subsection
\(e\)\(3\), or any other requirement with respect to a valid
legal defense, which shall include a succinct explanation of
how such material satisfies the applicable exclusion,
limitation, or requirement.
\(v\) A statement that the individual or entity that placed
the applicable material on the online service—
\(I\) consents to the jurisdiction of the district court of
the United States for the judicial district in which the
address provided under clause \(iii\) is located \(or, if that
address is outside of the United States, for any judicial
district of the United States in which that individual or
entity may be found\); and
\(II\) will accept service of process from—
\(aa\) the individual or entity that provided notification
under paragraph \(3\); or
\(bb\) an agent of the individual or entity described in item
\(aa\).
\(5\) Penalties for false or deceptive notice.—
\(A\) Knowing material representations.—
\(i\) In general.—It shall be unlawful to knowingly
materially misrepresent—
\(I\) in a notification provided under paragraph \(3\)—
\(aa\) that the material requested to be removed, or access
to which is requested to be disabled, is a digital replica,
the use of which is unauthorized;
\(bb\) that the exclusions under subsection \(c\)\(5\) do not
apply; or
\(cc\) that an individual or entity has the authority to act
on behalf of the right holder; or
\(II\) in a counter-notification provided under paragraph
\(4\), that—
\(aa\) material was removed, or access to material was
disabled, by mistake or misidentification;
\(bb\) the material removed, or to which access was disabled,
is not a digital replica; or
\(cc\) the material removed, or to which access was disabled,
is subject to an exclusion under subsection \(c\)\(5\), a
limitation on liability under subsection \(e\)\(3\), or any other
valid legal defense.
\(ii\) Failure to perform good faith review.—The failure to
consider in good faith any of the issues described in clause
\(i\)\(I\) before providing a notification under paragraph \(3\),
or any of the issues described in clause \(i\)\(II\) before
providing a counter-notification under paragraph \(4\), shall
constitute a knowing material misrepresentation under this
subparagraph.
\(B\) Penalties.—In addition to the cause of action and
remedies made available under subsection \(e\), any individual
or entity that violates subparagraph \(A\) of this paragraph
shall be liable to the applicable right holder, the alleged
violator that uploaded the applicable material, or the
provider of an online service injured by the
misrepresentation, for an amount equal to the greater of—
\(i\) $25,000 per notification provided under paragraph \(3\),
or counter-notification provided under paragraph \(4\), that
contains a misrepresentation described in subparagraph \(A\) of
this paragraph; or
\(ii\) the sum of—
\(I\) any actual damages incurred by the applicable right
holder or alleged violator, as well as by any provider of an
online service or other individual or entity injured by the
misrepresentation; and
\(II\) any costs and attorney's fees incurred by the
applicable recipient of a notification under paragraph \(3\),
or a counter-notification under paragraph \(4\), that prevails
in an action alleging that the notification or counter-
notification, as applicable, was false or deceptive.
\(e\) Civil Action.—
\(1\) Eligible plaintiffs.—A civil action against an
individual or entity that, in a manner affecting interstate
commerce \(or using any means or facility of interstate
commerce\), commits a violation of subsection \(c\) may be
brought by—
\(A\) the applicable right holder;
\(B\) if the applicable right holder is an individual who is
younger than 18 years of age, a parent or guardian of that
individual; or
\(C\) in the case of a digital replica involving a sound
recording artist, any individual or entity that has, directly
or indirectly, entered into—
\(i\) a contract for the exclusive personal services of the
sound recording artist as a sound recording artist; or
\(ii\) an exclusive license to distribute or transmit 1 or
more works that capture the audio performance of the sound
recording artist.
\(2\) Limitations period.—A civil action may not be brought
under this subsection unless the civil action is commenced
not later than 3 years after the date on which the party
seeking to bring the civil action discovered, or with due
diligence should have discovered, the applicable violation.
\(3\) Limitation on liability for purely coincidental
resemblance.—
\(A\) In general.—An individual or entity shall not be
liable for engaging in an activity described in subsection
\(c\)\(2\)\(A\) if—
\(i\) the resemblance of the voice or visual likeness
embodied in the applicable digital replica to the voice or
visual likeness of the actual individual is purely
coincidental; and
\(ii\)\(I\) the actual individual has not achieved public
recognition; or
\(II\) the voice or visual likeness of the actual individual
does not have commercial value.
\(B\) Disclaimer not evidence.—A disclaimer regarding the
resemblance of the voice or visual likeness embodied in a
digital replica to the voice or visual likeness of any actual
individual shall not constitute evidence to support the
limitation under subparagraph \(A\).
\(4\) Defense not permitted.—It shall not be a defense in a
civil action brought under this subsection that the defendant
displayed or otherwise communicated to the public a
disclaimer stating that the applicable use of a digital
replica, or the applicable product or service described in
subsection \(c\)\(2\)\(B\), was unauthorized or disclosed that the
digital replica, product, or service was generated through
the use of artificial intelligence or other technology.
\(5\) Remedies.—
\(A\) In general.—In any civil action brought under this
subsection—
\(i\) an individual or entity found to have committed a
violation of subsection \(c\) shall be liable to the injured
party in an amount equal to the greater of—
\(I\)\(aa\) in the case of an individual, $5,000 per work
embodying the applicable unauthorized use of a digital
replica;
\(bb\) in the case of a provider of an online service that
has undertaken a good faith effort to implement all
applicable obligations of paragraphs \(1\) through \(4\) of
subsection \(d\), $25,000 per work embodying the applicable
unauthorized use of a digital replica;
\(cc\) in the case of a provider of an online service that
has not undertaken a good faith effort to implement all
applicable obligations of paragraphs \(1\) through \(4\) of
subsection \(d\), $5,000 per unauthorized display, copy made,
transmission, and instance of the digital replica being made
available on the online service in a sum of not more than
$750,000 per work embodying the applicable unauthorized use
of a digital replica; and
\(dd\) in the case of an entity that is not a provider of an
online service, $25,000 per work embodying the applicable
unauthorized use of a digital replica; or
\(II\) any actual damages suffered by the injured party as a
result of the activity, plus any profits from the
unauthorized use that are attributable to such use and are
not taken into account in computing the actual damages;
\(ii\) an individual or entity found to have violated
subsection \(c\) by virtue of engaging in an activity described
in subsection
\(c\)\(2\)\(B\) shall be liable to the injured party in an amount
equal to the greater of—
\(I\)\(aa\) in the case of an individual, $5,000 per product or
service;
\(bb\) in the case of a provider of an online service that
has undertaken a good faith effort to implement all
applicable obligations of paragraphs \(1\) through \(4\) of
subsection \(d\), $25,000 per product or service;
\(cc\) in the case of a provider of an online service that
has not undertaken a good faith effort to implement all
applicable obligations of paragraphs \(1\) through \(4\) of
subsection \(d\), $750,000 per product or service; or
\(dd\) in the case of an entity that is not a provider of an
online service, $25,000 per product or service; or
\(II\) any actual damages suffered by the injured party as a
result of the activity, plus any profits from the
unauthorized use that are attributable to such use and are
not taken into account in computing the actual damages;
\(iii\) the plaintiff may seek injunctive or other equitable
relief;
\(iv\) in the case of willful activity in which the injured
party has proven that the defendant acted with malice, fraud,
knowledge, or willful avoidance of knowledge that the conduct
violated the law, the court may award to the injured party
punitive damages; and
\(v\) if the prevailing party is—
\(I\) the party bringing the action, the court shall award
reasonable attorney's fees; or
\(II\) the party defending the action, the court shall award
reasonable attorney's fees if the court determines that the
action was not brought in good faith.
\(B\) Objectively reasonable belief.—A provider of an online
service that has designated an agent under subsection \(d\)\(2\)
and has an objectively reasonable belief that material that
is claimed to be a digital replica, the use of which is
unauthorized, does not qualify as a digital replica shall be
liable only for actual damages under subparagraph \(A\) if the
material is ultimately determined to be a digital replica,
the use of which is unauthorized.
\(f\) Subpoena To Identify Violator.—
\(1\) Request.—A right holder, an individual or entity
authorized to act on behalf of a right holder, or an eligible
plaintiff under subsection \(e\)\(1\) may request the clerk of
any district court of the United States to issue a subpoena
to a provider of an online service for identification of an
alleged violator of this section in accordance with this
subsection.
\(2\) Contents of request.—A request under paragraph \(1\) may
be made by filing with the clerk—
\(A\) a copy of a notification described in subsection
\(d\)\(3\);
\(B\) a proposed subpoena; and
\(C\) a sworn declaration to the effect that—
\(i\) the purpose of the subpoena is to obtain the identity
of an individual or entity alleged to be liable under
subsection \(c\); and
\(ii\) the information described in clause \(i\) will only be
used for the purpose of protecting rights under this section.
\(3\) Contents of subpoena.—A subpoena issued under this
subsection shall authorize and order the provider of the
applicable online service to expeditiously disclose to the
party that sought the subpoena information sufficient to
identify the alleged violator by virtue of the activity
described in the notification to the extent that information
is available to the provider of the online service.
\(4\) Basis for granting subpoena.—If a proposed subpoena
under this subsection is in proper form, the applicable
notification filed satisfies the requirements under
subsection \(d\)\(3\), and the accompanying declaration is
properly executed, the clerk shall expeditiously issue and
sign the proposed subpoena and return the subpoena to the
requester for delivery to the provider of the applicable
online service.
\(g\) Preemption.—
\(1\) In general.—The rights established under this section
shall preempt any cause of action under State law for the
protection of an individual's voice and visual likeness
rights in connection with a digital replica, as defined in
this section, in an expressive work.
\(2\) Rule of construction.—Notwithstanding paragraph \(1\),
nothing in this section may be construed to preempt—
\(A\) causes of action under State statutes or common law in
existence, as of January 2, 2025, regarding a digital
replica;
\(B\) causes of action under State statutes specifically
regulating a digital replica depicting sexually explicit
conduct, as defined in section 2256\(2\)\(A\) of title 18, United
States Code, or an election-related digital replica; or
\(C\) causes of action under State statutes or common law in
existence, as of January 2, 2025, for the distributing,
importing, transmitting, or otherwise making available to the
public a product or service capable of producing 1 or more
digital replicas.
\(h\) Rules of Construction.—
\(1\) Laws pertaining to intellectual property.—This section
shall be considered to be a law pertaining to intellectual
property for the purposes of section 230\(e\)\(2\) of the
Communications Act of 1934 \(47 U.S.C. 230\(e\)\(2\)\).
\(2\) No duty to monitor.—Except as expressly provided in
subsection \(d\)\(1\)\(B\)\(ii\), nothing in this section may be
construed to require the provider of an online service to—
\(A\) monitor the online service for, or affirmatively seek
facts about, any digital replica; or
\(B\) gain access to material.
\(i\) Severability.—If any provision of this section, or the
application of a provision of this section, is held to be
invalid, the validity of the remainder of this section, and
the application of that provision to other individuals,
entities, and circumstances, shall not be affected by that
holding.
\(j\) Retroactive Effect.—
\(1\) Liabilities.—Liability under this section shall apply
only to—
\(A\) conduct occurring after the date of enactment of this
Act; and
\(B\) in the case of conduct covered by a license or
contract, a license or contract that is executed after the
date of enactment of this Act.
\(2\) Digital replication right.—The right granted under
subsection \(b\)—
\(A\) shall apply to any individual, regardless of whether
the individual dies before, on, or after the date of
enactment of this Act; and
\(B\) in the case of a right holder who has died before the
date of enactment of this Act, shall vest in the executors,
heirs, assignees, or devisees of the right holder.
\(k\) Effective Date.—This section shall take effect on the
date that is 180 days after the date of enactment of this
Act.
SA 6090. Mr. KELLY \(for himself and Mr. Cotton\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . IMPROVEMENTS TO REQUIREMENT THAT DEFENSE
MICROELECTRONICS PRODUCTS AND SERVICES MEET
TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY
STANDARDS.
Section 224 of the National Defense Authorization Act for
Fiscal Year 2020 \(Public Law 116-92\) is amended—
\(1\) in subsection \(b\)—
\(A\) in paragraph \(1\)\(B\)\(i\)—
\(i\) in the matter before subparagraph \(I\), by inserting
“supply chain and operational security, including”;
\(ii\) in subclause \(V\), by striking “; and” and inserting
a semicolon;
\(iii\) by redesignating subclause \(VI\) as subclause \(VII\);
and
\(iv\) by inserting after subclause \(V\) the following new
subclause \(VI\):
“\(VI\) provenance verification technologies that ensure
traceability of design, fabrication, and assembly processes,
regardless of geographic location; and”;
\(B\) by redesignating paragraph \(5\) as paragraph \(6\); and
\(C\) by inserting after paragraph \(4\) the following new
paragraph \(5\):
“\(5\) Alternative assurance equivalency.—The Secretary
shall ensure that trusted supply chain and operational
security standards established under this subsection
recognize secure silicon provenance technologies and
lifecycle traceability methods as capable of providing
assurance equivalent to or greater than manufacturing at a
Defense Microelectronics Activity-accredited trusted
supplier, when validated through risk-based assessment.”;
\(2\) in subsection \(d\)\(2\), by inserting “, including
fabrication facilities operating under validated alternative
assurance methodologies” before the period at the end; and
\(3\) by adding at the end the following new subsections:
“\(e\) Pilot Program for Assured Fabless Microelectronics.—
Not later than 210 days after the date of the enactment of
this subsection, the Secretary shall establish a pilot
program to assess the feasibility and advisability of using
secure silicon provenance technologies as an alternative
assurance pathway for microelectronics designed by United
States persons and fabricated at commercial facilities.
“\(f\) Reporting Requirements.—Not later than 180 days
after the date of the enactment of the National Defense
Authorization Act for Fiscal year 2027, the Secretary shall
submit to the congressional defense committees a report
describing—
“\(1\) criteria for approving alternative assurance methods;
“\(2\) applicability to commercial fabrication facilities
operated by allies and partners of the United States;
“\(3\) impacts on access to advanced node technologies; and
“\(4\) participation by fabless United States semiconductor
companies.”.
SA 6091. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . COUNTERING ILLICIT DRUG TRAFFICKING.
\(a\) Prohibition on Use of Funds.—None of the funds
authorized to be appropriated or otherwise made available by
this Act may be used by the Department of Defense to fund
military operations or activities against persons,
facilities, vehicles, or watercraft alleged to be affiliated
with illicit drug trafficking without evidence of narcotics
on such person, facility, vehicle, or watercraft.
\(b\) Notification Requirement.—Any notification submitted
under section 130f of title 10, United States Code,
associated with a military operation or activity described in
subsection \(a\) shall include a description of the
intelligence collected to determine the evidence of the
presence of narcotics.
\(c\) Rule of Construction.—Nothing in this section may be
construed to authorize the use of military force against
persons, facilities, vehicles or watercraft alleged to be
affiliated with illicit drug trafficking except pursuant to a
congressional authorization consistent with section 2\(c\) of
the War Powers Resolution \(50 U.S.C. 1541\(c\)\).
SA 6092. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. \_\_. PRE-APPROVAL FOR SALE OF DEFENSE ARTICLES TO TAIWAN.
Section 3 of the Arms Export Control Act \(22 U.S.C. 2753\)
is amended by adding at the end the following:
“\(h\) Defense Sales to Taiwan.—
“\(1\) In general.—The sale of defense articles by the
United States under this Act shall be approved, and
subsections \(a\), \(b\), and \(d\) shall not apply to such a sale,
if—
“\(A\) the purchaser of the defense articles is the
Government of Taiwan;
“\(B\) the Government of Taiwan has provided a commitment in
writing to the United States Government, including to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
that it will not transfer such defense articles, if not
demilitarized, to any other foreign country or person without
first obtaining the consent of the President; and
“\(C\) the sale corresponds to, as of January 15, 2026—
“\(i\) RSAT case number 26-AD;
“\(ii\) RSAT case number 26-AO;
“\(iii\) RSAT case number 26-AQ; or
“\(iv\) RSAT case number 26-AN.
“\(2\) Notice to congress.—Not later than 72 hours after a
sale of defense articles to the Government of Taiwan approved
under paragraph \(1\) is completed, the President shall notify
the Speaker of the House of Representatives, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives of the completed
sale.
“\(3\) Rules of construction.—
“\(A\) Selection of defense articles.—Nothing in this
subsection may be construed to limit—
“\(i\) the type or quantity of defense articles that may be
requested by, or transferred to, the Government of Taiwan; or
“\(ii\) the timing of such requests or transfers.
“\(B\) Retransfers.—Any request by the Government of Taiwan
to retransfer defense articles received by that Government
under this Act remains subject to all relevant provisions of
this Act.”.
SA 6093. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF UNITED STATES ARMED FORCES
WITH RESPECT TO IRAN.
\(a\) Prohibition.—None of the funds appropriated or
otherwise made available by this Act for the Department of
Defense may be used to deploy, station, maintain, or support
the United States Armed Forces in the territory, airspace, or
territorial waters of Iran, except—
\(1\) pursuant to a specific statutory authorization enacted
after the date of the enactment of this Act; or
\(2\) pursuant to a congressional authorization consistent
with section 2\(c\) of the War Powers Resolution \(50 U.S.C.
1541\(c\)\).
\(b\) Rule of Construction.—Nothing in this section may be
construed to prevent the United States from—
\(1\) defending against an armed attack on the United States
or its personnel or facilities in other nations;
\(2\) collecting, analyzing, or sharing intelligence,
including with the State of Israel and other nations and
international organizations, as appropriate, related to
threats from Iran or its proxies; or
\(3\) assisting the State of Israel and other nations—
\(A\) in taking defensive measures to protect their territory
from retaliatory attacks by Iran or its proxies; or
\(B\) by providing defensive materiel support for such
defensive measures.
\(c\) Relation to War Powers Resolution.—Nothing in this
section supersedes any requirement of the War Powers
Resolution \(50 U.S.C. 1541 et seq.\).
\(d\) Sunset.—The prohibition under subsection \(a\) shall
terminate 5 years after the date of the enactment of this
Act.
SA 6094. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. MEANING OF INTRODUCTION OF UNITED STATES ARMED
FORCES INTO HOSTILITIES FOR PURPOSES OF THE WAR
POWERS RESOLUTION.
Section 4 of the War Powers Resolution \(50 U.S.C. 1543\) is
amended by adding at the end the following new subsection:
“\(d\) Rule of Construction Regarding Introduction Into
Hostilities.—For purposes of subsection \(a\), the phrase
\`United States Armed Forces are introduced into hostilities'
shall be construed to include any use of lethal or
potentially lethal force by or against United States Armed
Forces, whether or not constituting self-defense measures by
the United States Armed Forces, and irrespective of the
domain, whether such force is deployed by or against United
States Armed Forces using remotely launched, piloted, or
directed attacks, or the intermittency thereof.”.
SA 6095. Mr. KAINE \(for himself and Mr. Budd\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. EXTENSION OF REQUIREMENT FOR ANNUAL BRIEFINGS ON
NATIONAL BIODEFENSE STRATEGY.
Section 1086\(d\) of the National Defense Authorization Act
for Fiscal Year 2017 \(6 U.S.C. 104\(d\)\) is amended by striking
“March 1, 2025” and inserting “the date that is five years
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2027”.
SEC. 10\_\_. ANALYSIS AND RECOMMENDATIONS RELATING TO
ENGINEERING BIOLOGY RISKS.
\(a\) In General.—The first time after the date of the
enactment of this Act that findings are provided to the
appropriate congressional committees pursuant to the biennial
update of the biodefense threat assessment under section
364\(d\)\(1\)\(D\) of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(6 U.S.C.
106\(d\)\(1\)\(D\)\), such findings shall include an analysis of,
and recommendations to enhance, the readiness of the United
States national security enterprise and life science research
enterprise against engineering biology risks.
\(b\) Matters Included.—
\(1\) Analysis.—The analysis required by subsection \(a\)
shall include the following:
\(A\) An assessment of the threat to national security and
public safety posed by current and anticipated engineering
biology risks.
\(B\) A description of current lines of research and
development in covered departments and agencies relating to
biodefense against engineering biology risks, including
prevention, deterrence, preparedness, detection, response,
attribution, recovery, and mitigation.
\(C\) An analysis of authorities, regulations, and programs
pertaining to engineering biology risks, in the United
States, including biosafety, biosecurity, and biodefense.
\(D\) An evaluation of gaps, deficiencies, redundancies, and
ambiguities in authorities and regulations pertaining to
engineering biology risks.
\(E\) Such other matters as the heads of the covered
departments and agencies jointly consider relevant.
\(2\) Recommendations.—The recommendations required by
subsection \(a\) shall include recommendations for the
following:
\(A\) Aligning lines of research and development across
covered departments and agencies to reduce redundant efforts
and promote the mutual benefit for purposes of biosafety,
biosecurity, and biodefense against engineering biology
risks.
\(B\) Modernizing biosafety, biosecurity, and biodefense
authorities, regulations, and programs pertaining to
engineering biology risks to ensure the United States—
\(i\) mitigates the safety and security threat to national
security and public safety posed by engineering biology
risks; and
\(ii\) benefits from the research, development, application,
and dissemination of innovations in engineering biology under
an enduring governance framework that accommodates novel
discoveries and capabilities in life sciences research;
\(C\) Establishing a program or programs, or modernizing an
existing program or programs—
\(i\) to establish and enforce safeguards to mitigate
engineering biology risks to national security or public
safety; and
\(ii\) to identify best practices, promulgate voluntary
guidance, and provide consultation on matters of biosecurity
and biosafety in the United States.
\(D\) For purposes of subparagraphs \(B\) and \(C\), detailed
proposed legislative action and an estimate of the amount of
funding necessary to ensure that relevant programs have
adequate resources.
\(E\) Such other matters as the heads of the covered
departments and agencies jointly consider relevant.
\(c\) Consultation.—The recommendations described in
subsection \(b\)\(2\) shall be developed in consultation with—
\(1\) individuals representing industry, academia, and civil
society, including representatives of the life sciences
research enterprise who have not received any Federal grant
or contract in the preceding five years; and
\(2\) such other government agencies or interested
stakeholders as the heads of the covered departments and
agencies jointly consider appropriate.
\(d\) Form.—The analysis and recommendations required by
this section shall be submitted in unclassified form but may
include a classified annex.
\(e\) Definitions.—In this section:
\(1\) The term “covered departments and agencies” means the
departments and agencies included in section 364\(a\) of the
William M. \(Mac\) Thornberry National Defense Authorization
Act for Fiscal Year 2021 \(6 U.S.C. 106\(a\)\).
\(2\) The term “engineering biology” has the meaning given
such term in section 10002 of the Research and Development,
Competition, and Innovation Act \(42 U.S.C. 18901\).
\(3\) The term “engineering biology risk” means a risk to
national security or public safety arising from the misuse,
abuse, or accidental release of materials arising from, or
the misuse or abuse of methods, tools, or information
pertaining to, engineering biology.
SA 6096. Mr. PADILLA submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, insert
the following:
SEC. . LIMITATION ON DIVESTITURE OF U-2 DRAGON LADY
AIRCRAFT IN FISCAL YEAR 2027.
\(a\) Limitation.—
\(1\) In general.—Notwithstanding any other provision of
law, the Secretary of the Air Force may not, during fiscal
year 2027, retire, divest, transfer, or otherwise remove from
the active inventory more than two U-2 Dragon Lady aircraft.
\(2\) Prohibition on accelerated divestiture.—The Secretary
of the Air Force may not take any action to accelerate the
divestiture of U-2 aircraft beyond the limitation established
in paragraph \(1\) during fiscal year 2027, regardless of the
operational status of replacement platforms.
\(b\) Report Required.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes the following:
\(1\) A detailed transition plan for the divestiture of U-2
aircraft, including timelines and milestones.
\(2\) A description of the bridging capabilities that will be
employed during the transition period to ensure no
degradation in operational capability or capacity.
\(3\) An independent assessment of intelligence,
surveillance, and reconnaissance capability gaps that would
result from the retirement of U-2 aircraft prior to full
operational capability of replacement systems.
\(c\) Active Inventory Defined.—In this section, the term
“active inventory” means aircraft assigned to active flying
units, Air Force Reserve units, and Air National Guard units,
and aircraft maintained in storage for potential future
operational use.
SA 6097. Mr. REED \(for himself and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. INTERAGENCY COUNCIL ON SERVICE.
\(a\) Establishment of Interagency Council on Service.—
\(1\) Establishment.—
\(A\) In general.—There is established an Interagency
Council on Service \(in this section referred to as the
“Council”\).
\(B\) Functions.—The Council shall—
\(i\) advise the President with respect to promoting,
strengthening, and expanding opportunities for military
service, national service, and public service for all people
of the United States; and
\(ii\) review, assess, and coordinate holistic recruitment
strategies and initiatives of the executive branch to foster
an increased sense of service and civic responsibility among
all people of the United States and to explore ways of
enhancing connectivity of interested applicants to national
service programs and opportunities.
\(2\) Composition.—
\(A\) Membership.—The Council shall be composed of such
officers and employees of the Federal Government as the
President may designate, including not less than 1 such
officer or employee the appointment of whom as such officer
or employee was made by the President by and with the advice
and consent of the Senate.
\(B\) Chair.—The President shall annually designate to serve
as the Chair of the Council a member of the Council under
subparagraph \(A\), the appointment of whom as an officer or
employee of the Federal Government was made by the President
by and with the advice and consent of the Senate.
\(C\) Meetings.—The Council shall meet on a quarterly basis
or more frequently as the Chair of the Council may direct.
\(3\) Responsibilities of the council.—The Council shall—
\(A\) assist and advise the President in the establishment of
strategies, goals, objectives, and priorities to promote
service and civic responsibility among all people of the
United States;
\(B\) develop and recommend to the President common
recruitment strategies and outreach opportunities for
increasing the participation, and propensity of people of the
United States to participate, in military service, national
service, and public service in order to address national
security and domestic investment;
\(C\) serve as a forum for Federal officials responsible for
military service, national service, and public service
programs to, as feasible and practicable—
\(i\) coordinate and share best practices for service
recruitment; and
\(ii\) develop common interagency, cross-service initiatives
and pilots for service recruitment;
\(D\) lead a strategic, interagency coordinated effort on
behalf of the Federal Government to develop joint awareness
and recruitment, retention, and marketing initiatives
involving military service, national service, and public
service;
\(E\) consider approaches for assessing impacts of service on
the needs of the United States and individuals participating
in and benefitting from such service;
\(F\) consult, as the Council considers advisable, with
representatives of non-Federal entities, including State,
local, and Tribal governments, State and local educational
agencies, State Service Commissions, institutions of higher
education, nonprofit organizations, faith-based
organizations, philanthropic organizations, and the private
sector, in order to promote and develop initiatives to foster
and reward military service, national service, and public
service;
\(G\) not later than 2 years after the date of enactment of
this Act, and quadrennially thereafter, prepare and submit to
the President and Congress a Service Strategy, which shall
set forth—
\(i\) a review of programs and initiatives of the Federal
Government relating to the mandate of the Council;
\(ii\) a review of Federal Government online content relating
to the mandate of the Council, including user experience with
such content;
\(iii\) current and foreseeable trends for service to address
the needs of the United States;
\(iv\) recommended service recruitment strategies and
branding opportunities to address outreach and communication
deficiencies identified by the Council; and
\(v\) to the extent practical, a joint service messaging
strategy for military service, national service, and public
service;
\(H\) identify any notable initiatives by State, local, and
Tribal governments and by public and nongovernmental entities
to increase awareness of and participation in national
service programs; and
\(I\) perform such other functions as the President may
direct.
\(b\) Joint Market Research to Advance Military and National
Service.—
\(1\) Program authorized.—The Secretary of Defense, the
Chief Executive Officer of the Corporation for National and
Community Service, and the Director of the Peace Corps may
carry out a joint market research, market studies,
recruiting, and advertising program to complement the
existing programs of the military departments, the national
service programs administered by the Corporation, and the
Peace Corps.
\(2\) Information sharing permitted.—Section 503 of title
10, United States Code, shall not be construed to prohibit
sharing of information among, or joint marketing efforts of,
the Department of Defense, the Corporation for National and
Community Service, and the Peace Corps to carry out this
subsection.
\(c\) Transition Opportunities for Military Servicemembers
and National Service Participants.—
\(1\) Employment assistance.—Section 1143\(c\)\(1\) of title 10,
United States Code, is amended by inserting “the Corporation
for National and Community Service,” after “State
employment agencies,”.
\(2\) Employment assistance, job training assistance, and
other transitional services: department of labor.—Section
1144 of title 10, United States Code, is amended—
\(A\) in subsection \(b\), by adding at the end the following:
“\(11\) Provide information on public service opportunities,
training on public service job recruiting, and the advantages
of careers with the Federal Government.”; and
\(B\) in subsection \(f\)\(1\)\(D\)—
\(i\) by redesignating clause \(v\) as clause \(vi\); and
\(ii\) by inserting after clause \(iv\) the following:
“\(v\) National and community service, taught in conjunction
with the Chief Executive Officer of the Corporation for
National and Community Service.”.
\(3\) Authorities and duties of the chief executive
officer.—Section 193A\(b\) of the National and Community
Service Act of 1990 \(42 U.S.C. 12651d\(b\)\) is amended—
\(A\) in paragraph \(24\), by striking “and” at the end;
\(B\) in paragraph \(25\), by striking the period at the end
and inserting “; and”; and
\(C\) by adding at the end the following:
“\(26\) ensure that individuals completing a partial or full
term of service in a program under subtitle C or E or part A
of title I of the Domestic Volunteer Service Act of 1973 \(42
U.S.C. 4951 et seq.\) receive information about military and
public service opportunities for which they may qualify or in
which they may be interested.”.
\(d\) Joint Report to Congress on Initiatives to Integrate
Military and National Service.—
\(1\) Reporting requirement.—Not later than 4 years after
the date of enactment of this Act and quadrennially
thereafter, the Chair of the Interagency Council on Service,
in coordination with the Secretary of Defense, the Chief
Executive Officer of the Corporation for National and
Community Service, and the Director of the Peace Corps, shall
submit a joint report on cross-service marketing, research,
and promotion to Congress, including recommendations for
increasing joint advertising and recruitment initiatives for
the Armed Forces, programs administered by the Corporation
for National and Community Service, and the Peace Corps.
\(2\) Contents of report.—Each report under paragraph \(1\)
shall include the following:
\(A\) The number of Peace Corps volunteers and participants
in national service programs administered by the Corporation
for National and Community Service, who previously served as
a member of the Armed Forces.
\(B\) The number of members of the Armed Forces who
previously served in the Peace Corps or in a program
administered by the Corporation for National and Community
Service.
\(C\) An assessment of existing \(as of the date of the report
submission\) joint recruitment and advertising initiatives
undertaken by the Department of Defense, the Peace Corps, or
the Corporation for National and Community Service.
\(D\) An assessment of the feasibility and cost of expanding
such existing initiatives.
\(E\) An assessment of ways to improve the ability of the
reporting agencies to recruit individuals from the other
reporting agencies.
\(F\) A description of the information and data used to
develop any initiative or campaign intended to advance
military service or national service, including with respect
to any activity carried out under subsection \(b\).
\(3\) Consultation.—The Chair of the Interagency Council on
Service, the Secretary of Defense, the Chief Executive
Officer of the Corporation for National and Community
Service, and the Director of the Peace Corps shall undertake
studies of recruiting efforts that are necessary to carry out
the provisions of this subsection. Such studies may be
conducted using any funds appropriated to those entities
under Federal law other than this Act.
\(e\) Reports to Congress on Lessons Learned Regarding
Retention and Recruitment.—The Chair of the Interagency
Council on Service shall—
\(1\) conduct a study on—
\(A\) the effectiveness of past advertising campaigns for
military service, national service, and public service; and
\(B\) the role of vaccine requirements on the retention and
recruitment of individuals for military service, national
service, and public service; and
\(2\) not later than 270 days after the date of enactment of
this Act, submit a report on the findings of and lessons
learned from the study under paragraph \(1\) to—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
\(B\) the Committee on Homeland Security of the House of
Representatives.
\(f\) Definitions.—In this section:
\(1\) Interagency council on service.—The term “Interagency
Council on Service” means the Interagency Council on Service
established by subsection \(a\)\(1\).
\(2\) Military department.—The term “military department”
means each of the military departments listed in section 102
of title 5, United States Code.
\(3\) Military service.—The term “military service” means
active service \(as defined in subsection \(d\)\(3\) of section
101 of title 10, United States Code\) or active status \(as
defined in subsection \(d\)\(4\) of such section\) in one of the
Armed Forces \(as defined in subsection \(a\)\(4\) of such
section\).
\(4\) National service.—The term “national service” means
participation, other than military service or public service,
in a program that—
\(A\) is designed to enhance the common good and meet the
needs of communities, the States, or the United States;
\(B\) is funded or facilitated by—
\(i\) an institution of higher education as defined in
section 101 of the Higher Education Act of 1965 \(20 U.S.C.
1001\); or
\(ii\) the Federal Government or a State, Tribal, or local
government; and
\(C\) is a program authorized in—
\(i\) the Peace Corps Act \(22 U.S.C. 2501 et seq.\);
\(ii\) section 171 of the Workforce Innovation and
Opportunity Act \(29 U.S.C. 3226\) relating to the YouthBuild
Program;
\(iii\) the Domestic Volunteer Service Act of 1973 \(42 U.S.C.
4950 et seq.\); or
\(iv\) the National and Community Service Act of 1990 \(42
U.S.C. 12501 et seq.\).
\(5\) Public service.—The term “public service” means
civilian employment in the Federal Government or a State,
Tribal, or local government.
\(6\) Service.—The term “service” means a personal
commitment of time, energy, and talent to a mission that
contributes to the public good by protecting the Nation and
the citizens of the United States, strengthening communities,
States, or the United States, or promoting the general social
welfare.
\(7\) State service commission.—The term “State Service
Commission” means a State Commission on National and
Community Service maintained by a State pursuant to section
178 of the National and Community Service Act of 1990 \(42
U.S.C. 12638\).
\(g\) No Additional Funds.—No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
\(h\) Gao Report.—Not later than 30 months after the date of
enactment of this Act, the Comptroller General of the United
States shall report to Congress on the effectiveness of this
section and the amendments made by this section.
SA 6098. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. AUTHORITY OF NATIONAL DRUG CONTROL POLICY WITH
RESPECT TO THE WORLD ANTI-DOPING AGENCY.
Section 701 of the Office of National Drug Control Policy
Reauthorization Act of 2006 \(21 U.S.C. 2001\) is amended—
\(1\) by striking subsection \(a\) and inserting the following:
“\(a\) Definitions.—In this subchapter:
“\(1\) Amateur athlete.—The term \`amateur athlete' has the
meaning given that term in section 220501\(b\)\(1\) of title 36,
United States Code.
“\(2\) Amateur athletic competition.—The term \`amateur
athletic competition' has the meaning given that term in
section 220501\(b\)\(2\) of title 36, United States Code.
“\(3\) Independent athlete.—The term \`independent athlete'
means a current or former amateur athlete who does not serve,
in any capacity—
“\(A\) on the International Olympic Committee;
“\(B\) on the International Paralympic Committee;
“\(C\) at an international sports federation recognized by
the International Olympic Committee or the International
Paralympic Committee;
“\(D\) on the United States Olympic and Paralympic
Committee;
“\(E\) at a national governing body \(as defined in section
220501\(b\)\(9\) of title 36, United States Code\); or
“\(F\) at the World Anti-Doping Agency.
“\(4\) United states olympic and paralympic committee.—The
term \`United States Olympic and Paralympic Committee' means
the organization established by chapter 2205 of title 36,
United States Code.”;
\(2\) in subsection \(b\), by striking “United States Olympic
Committee” each place it appears and inserting “United
States Olympic and Paralympic Committee”; and
\(3\) by adding at the end the following:
“\(d\) Authority With Respect to the World Anti-Doping
Agency.—
“\(1\) Annual determination.—Not later than 180 days after
the date of the enactment of this subsection, and annually
thereafter, the Office of National Drug Control Policy, in
consultation with the United States Anti-Doping Agency, the
United States Olympic and Paralympic Committee, and the
Athletes' Advisory Council \(established and maintained under
section 220504\(b\)\(2\)\(A\) of title 36, United States Code\)
shall make a determination as to whether the World Anti-
Doping Agency—
“\(A\) has a credible and independent governance model that
provides for fair representation of the United States;
“\(B\) fully implements or has implemented governance
reforms to ensure independent governance; and
“\(C\) has fair processes and procedures to select
independent athletes, including athletes from the United
States and other democratic countries, or representatives of
such athletes, for decision-making roles on the Executive
Committee and the Foundation Board, and in all relevant
expert advisory groups, standing committees, permanent
special committees, and working groups of the World Anti-
Doping Agency.
“\(2\) Accountability.—In the case of a determination under
paragraph \(1\) that the World Anti-Doping Agency has not met
the criteria set forth in subparagraphs \(A\), \(B\), or \(C\) of
that paragraph, the Office of National Drug Control Policy,
in consultation with the United States Anti-Doping Agency,
the United States Olympic and Paralympic Committee, and the
Athletes' Advisory Council \(established and maintained under
section 220504\(b\)\(2\)\(A\) of title 36, United States Code\),
shall use all available tools and best efforts to bring the
World Anti-Doping Agency into compliance with the criteria
set forth in that paragraph.
“\(3\) Report.—In the case of a determination under
paragraph \(1\) that the World Anti-Doping Agency has not met
the criteria set forth in subparagraphs \(A\), \(B\), or \(C\) of
that paragraph, not later than 180 days after the date on
which that determination is made, the Office of National Drug
Control Policy, in consultation with the United States Anti-
Doping Agency, the United States Olympic and Paralympic
Committee, and the Athletes' Advisory Council \(established
and maintained under section 220504\(b\)\(2\)\(A\) of title 36,
United States Code\) shall submit to the appropriate
committees of Congress a report that describes the barriers
to participation and fair representation of the United States
on the Executive Committee, the Foundation Board, and all
relevant expert advisory groups, standing committees,
permanent special committees, and working groups of the World
Anti-Doping Agency.
“\(4\) Voluntary nonpayment of dues.—
“\(A\) In general.—In the case of a determination under
paragraph \(1\) that the World Anti-Doping Agency has not met
the criteria set forth in subparagraphs \(A\), \(B\), or \(C\) of
that paragraph, the Office of National Drug Control Policy,
in consultation with the appropriate committees of Congress,
may voluntarily withhold up to the full amount of any funds
made available for the payment of the United States
membership dues to the World Anti-Doping Agency.
“\(B\) Return of funds after noncompliance.—Unless
otherwise specified by law, any funds made available for the
payment of the United States membership dues to the World
Anti-Doping Agency that have been voluntarily withheld
pursuant to subparagraph \(A\) and have not been obligated
prior to the end of an applicable fiscal year shall be
returned to the general fund of the Treasury.
“\(5\) Spending plan.—Not later than 30 days before the
Office of National Drug Control Policy obligates funds to the
World Anti-Doping Agency, the Office of National Drug Control
Policy shall submit to the appropriate committees of Congress
a spending plan and explanation of proposed uses of such
funds.
“\(6\) Appropriate committees of congress defined.—In this
subsection, the term \`appropriate committees of Congress'
means—
“\(A\) the Committee on Commerce, Science, and
Transportation of the Senate;
“\(B\) the Committee on Appropriations of the Senate;
“\(C\) the Committee on Energy and Commerce of the House of
Representatives; and
“\(D\) the Committee on Appropriations of the House of
Representatives.”.
SA 6099. Mr. CORNYN \(for himself and Mr. Cruz\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7\_\_. ESTABLISHMENT OF PILOT PROGRAM ON USE OF HEALTH
CARE ASSESSMENTS OTHER THAN PERIODIC HEALTH
ASSESSMENTS.
\(a\) Requirement.—The Secretary of the Army shall carry out
a pilot program to evaluate the effectiveness of different
health care assessment methods for members of the Army
serving on active duty, as compared to the periodic health
assessment of the Army.
\(b\) Locations.—The Secretary shall—
\(1\) carry out the pilot program under subsection \(a\) at
Fort Hood, Texas; and
\(2\) select at least one more installation of the Army at
which to carry out the pilot program.
\(c\) Participant Selection.—
\(1\) In general.—The Secretary shall select not fewer than
100 members of the Army to participate in the pilot program
under subsection \(a\).
\(2\) High-risk populations.—Members selected under
paragraph \(1\) may not be in a high-risk population, as
determined by the Secretary.
\(d\) Health Care Assessments.—In carrying out the pilot
program under subsection \(a\), the Secretary shall provide
members of the Army participating in the pilot program with
the following instead of the periodic health assessment:
\(1\) An in-person physical examination.
\(2\) Blood work that includes a comprehensive metabolic
panel and complete blood count conducted by qualified medical
personnel.
\(3\) Any other test or evaluation as determined appropriate
by the Secretary.
\(e\) Baseline.—The Secretary shall use health care
assessments provided to a member of the Army under the pilot
program under subsection \(a\) as a baseline for the purposes
of ongoing regular monitoring of the member.
\(f\) Duration.—The Secretary shall carry out the pilot
program for a two-year period beginning on the date of the
enactment of this Act, but the Secretary may extend such
period.
\(g\) Report.—Not later than 180 days after the date on
which the pilot program under subsection \(a\) concludes, the
Secretary shall submit to the congressional defense
committees a report on the pilot program, including findings
relating to—
\(1\) health care outcomes;
\(2\) satisfaction of members of the Army; and
\(3\) any recommendations for broader implementation.
SA 6100. Mr. CORNYN \(for himself and Mr. Peters\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE —SATELLITE CYBERSECURITY
SEC. 1. DEFINITIONS.
In this title:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
\(B\) the Committee on Energy and Commerce, the Committee on
Space, Science, and Technology, and the Committee on Homeland
Security of the House of Representatives.
\(2\) Clearinghouse.—The term “clearinghouse” means the
commercial satellite system cybersecurity clearinghouse
required to be developed and maintained under section
3\(b\)\(1\).
\(3\) Commercial satellite system.—The term “commercial
satellite system”—
\(A\) means a system that—
\(i\) is owned or operated by a non-Federal entity that holds
a license issued by the United States for business
operations; and
\(ii\) is composed of not less than 1 earth satellite; and
\(B\) includes—
\(i\) any ground support infrastructure for each satellite in
the system; and
\(ii\) any transmission link among and between any satellite
in the system and any ground support infrastructure in the
system.
\(4\) Critical infrastructure.—The term “critical
infrastructure” has the meaning given the term in subsection
\(e\) of the Critical Infrastructure Protection Act of 2001 \(42
U.S.C. 5195c\(e\)\).
\(5\) Cybersecurity risk; cybersecurity threat.—The terms
“cybersecurity risk” and “cybersecurity threat” have the
meanings given those terms in section 2200 of the Homeland
Security Act of 2002 \(6 U.S.C. 650\).
\(6\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
SEC. 2. REPORT ON COMMERCIAL SATELLITE CYBERSECURITY.
\(a\) Study.—The Comptroller General of the United States
shall conduct a study on the actions the Federal Government
has taken to support the cybersecurity of commercial
satellite systems, including as part of any action to address
the cybersecurity of critical infrastructure sectors.
\(b\) Report.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the appropriate congressional
committees a report on the study conducted under subsection
\(a\), which—
\(1\) shall include—
\(A\) information on efforts of the Federal Government, and
the effectiveness of those efforts, to—
\(i\) address or improve the cybersecurity of commercial
satellite systems; and
\(ii\) support related efforts with international entities or
the private sector;
\(B\) information on the resources made available to the
public by Federal agencies to address cybersecurity risks and
threats to commercial satellite systems, including resources
made available through the clearinghouse;
\(C\) information on the extent to which commercial satellite
systems are reliant on, or relied on by, critical
infrastructure;
\(D\) an analysis of how commercial satellite systems and the
threats to those systems are integrated into critical
infrastructure risk analyses and protection plans;
\(E\) information on the extent to which Federal agencies are
reliant on commercial satellite systems and how Federal
agencies mitigate cybersecurity risks associated with those
systems;
\(F\) information on the extent to which Federal agencies are
reliant on commercial satellite systems that are owned wholly
or in part or controlled by foreign entities, or that have
infrastructure in foreign countries, and how Federal agencies
mitigate associated cybersecurity risks;
\(G\) information on the extent to which Federal agencies
coordinate or duplicate authorities and take other actions
focused on the cybersecurity of commercial satellite systems;
and
\(H\) as determined appropriate by the Comptroller General of
the United States, recommendations to support the
cybersecurity of commercial satellite systems, including
recommendations on information that should be shared through
the clearinghouse; and
\(2\) shall not include recommendations described in
paragraph \(1\)\(H\) for new or changing authorities or
regulations for Federal agencies.
\(c\) Consultation.—In carrying out subsections \(a\) and \(b\),
the Comptroller General of the United States shall coordinate
with appropriate Federal agencies and organizations,
including—
\(1\) the Department of Commerce;
\(2\) the Office of the National Cyber Director;
\(3\) the Department of Homeland Security;
\(4\) the Department of Defense;
\(5\) the Department of Transportation;
\(6\) the Federal Communications Commission;
\(7\) the National Aeronautics and Space Administration;
\(8\) the National Executive Committee for Space-Based
Positioning, Navigation, and Timing;
\(9\) the National Space Council;
\(10\) the Office of Science and Technology Policy;
\(11\) the Department of Justice; and
\(12\) the Committee for the Assessment of Foreign
Participation in the United States Telecommunications
Services Sector.
\(d\) Briefing.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall provide to the appropriate congressional
committees a briefing on the study conducted under subsection
\(a\).
\(e\) Classification.—The report submitted under subsection
\(b\) shall be unclassified but may include a classified annex.
SEC. 3. RESPONSIBILITIES OF THE DEPARTMENT OF COMMERCE.
\(a\) Definition.—In this section, the term “small business
concern” has the meaning given the term in section 3 of the
Small Business Act \(15 U.S.C. 632\).
\(b\) Establishment of Commercial Satellite System
Cybersecurity Clearinghouse.—
\(1\) In general.—Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with
the Secretary of Homeland Security, shall develop and
maintain a commercial satellite system cybersecurity
clearinghouse for the purpose of serving as a repository for
publicly available resources, guidance, frameworks, voluntary
recommendations, and tools.
\(2\) Requirements.—The clearinghouse—
\(A\) shall be publicly available online;
\(B\) shall contain publicly available commercial satellite
system cybersecurity resources, including the voluntary
recommendations consolidated under subsection \(c\)\(1\);
\(C\) shall contain appropriate materials for reference by
entities that develop, operate, or maintain commercial
satellite systems;
\(D\) shall contain materials specifically aimed at assisting
small business concerns with the secure development,
operation, and maintenance of commercial satellite systems;
\(E\) may contain controlled unclassified information
distributed to commercial entities through a process
determined appropriate by the Secretary; and
\(F\) may not contain sensitive security or proprietary
information in the absence of the establishment and use of a
gateway to limit access to approved users, as determined by
the Secretary.
\(3\) Content maintenance.—The Secretary shall maintain
current and relevant cybersecurity information on the
clearinghouse.
\(4\) Existing platform or website.—To the extent
practicable, the Secretary shall establish and maintain the
clearinghouse using an online platform, a website, or a
capability in existence as of the date of enactment of this
Act.
\(c\) Consolidation of Commercial Satellite System
Cybersecurity Recommendations.—
\(1\) In general.—The Secretary, in coordination with the
Secretary of Homeland Security, shall consolidate voluntary
cybersecurity recommendations designed to assist in the
development, maintenance, and operation of commercial
satellite systems.
\(2\) Requirements.—The recommendations consolidated under
paragraph \(1\) shall include materials appropriate for a
public resource addressing, to the greatest extent
practicable, the following:
\(A\) Risk-based, cybersecurity-informed engineering,
including continuous monitoring and resiliency.
\(B\) Planning for retention or recovery of positive control
of commercial satellite systems in the event of a
cybersecurity incident.
\(C\) Protection against unauthorized access to vital
commercial satellite system functions.
\(D\) Physical protection measures designed to reduce the
vulnerabilities of a commercial satellite system's command,
control, and telemetry receiver systems.
\(E\) Protection against jamming, eavesdropping, hijacking,
computer network exploitation, spoofing, threats to optical
satellite communications, and electromagnetic pulse.
\(F\) Security against threats throughout a commercial
satellite system's mission lifetime.
\(G\) Management of supply chain risks that affect the
cybersecurity of commercial satellite systems.
\(H\) Protection against vulnerabilities posed by ownership
of commercial satellite systems or commercial satellite
system companies by foreign entities.
\(I\) Protection against vulnerabilities posed by locating
physical infrastructure, such as satellite ground control
systems, in foreign countries.
\(J\) As appropriate, and as applicable pursuant to the
maintenance requirement under subsection \(b\)\(3\), relevant
findings and recommendations from the study conducted by the
Comptroller General of the United States under section
2\(a\).
\(K\) Any other recommendations to ensure the
confidentiality, availability, and integrity of data residing
on or in transit through commercial satellite systems only
for the purpose described in subsection \(b\)\(1\).
\(d\) Implementation.—In implementing this section, the
Secretary shall—
\(1\) to the extent practicable, carry out the implementation
in partnership with the private sector;
\(2\) coordinate with—
\(A\) the Secretary of Homeland Security, the Office of the
National Cyber Director, the National Space Council, the
Director of the National Institute of Standards and
Technology, and the head of any other agency with expertise
relating to cybersecurity or satellite communications
determined appropriate by the Secretary; and
\(B\) the heads of appropriate Federal agencies with
expertise and experience in satellite operations, including
the entities described in section 2\(c\), to enable the
alignment of Federal efforts on commercial satellite system
cybersecurity and, to the extent practicable, consistency in
Federal recommendations relating to commercial satellite
system cybersecurity; and
\(3\) consult with non-Federal entities developing commercial
satellite systems or otherwise supporting the cybersecurity
of commercial satellite systems, including private, consensus
organizations that develop relevant standards.
\(e\) Report.—Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter until the
date that is 9 years after the date of enactment of this Act,
the Secretary shall submit to the appropriate congressional
committees a report summarizing—
\(1\) the general status of any partnership with the private
sector described in subsection \(d\)\(1\);
\(2\) the results of each consultation with a non-Federal
entity described in subsection \(d\)\(3\);
\(3\) the coordination carried out pursuant to subsection
\(d\)\(2\);
\(4\) the establishment and maintenance of the clearinghouse
pursuant to subsection \(b\);
\(5\) the recommendations consolidated pursuant to subsection
\(c\)\(1\); and
\(6\) general feedback received by the Secretary on the
clearinghouse from non-Federal entities, including overall
trends and any proposed changes to the clearinghouse as a
result of the feedback.
SEC. 4. STRATEGY.
Not later than 120 days after the date of the enactment of
this Act, the Secretary, jointly with the National Space
Council and the Office of the National Cyber Director, in
coordination with the Secretary of Homeland Security, the
Director of the Office of Space Commerce, the Director of the
Office of Science and Technology Policy, and the heads of
other relevant agencies, shall submit to the appropriate
congressional committees a strategy to support coordination,
information sharing, and voluntary best practices among
Federal agencies and private sector stakeholders relating to
the cybersecurity of commercial satellite systems, which
shall include an identification of—
\(1\) proposed coordination roles among relevant agencies;
and
\(2\) as applicable, the extent to which cybersecurity
threats to commercial satellite systems are addressed in—
\(A\) critical infrastructure risk analyses and protection
plans; and
\(B\) activities relating to commercial satellite systems.
SEC. 5. RULES OF CONSTRUCTION.
Nothing in this title may be construed to—
\(1\) designate commercial satellite systems or other space
assets as a critical infrastructure sector;
\(2\) infringe upon or alter the authorities of the agencies
described in section 2\(c\);
\(3\) authorize the development or implementation of any
rulemaking or regulatory requirement, including by way of
enforcement action or condition on any license or permit for
a commercial satellite system; or
\(4\) modify or expand existing authorities of the Committee
on Foreign Investment in the United States or the Committee
for the Assessment of Foreign Participation in the United
States Telecommunications Service Sector.
SA 6101. Mr. CRAPO \(for himself, Mr. Warner, Mr. Daines, Ms. Smith, Mr. Sullivan, and Mr. Schumer\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Access to Fair Financing for Opportunity and Resilient
Development
SEC. 01. SHORT TITLE.
This subtitle may be cited as the “Access to Fair
Financing for Opportunity and Resilient Development Act”.
SEC. 02. REQUIREMENT TO TESTIFY.
Section 104\(b\) of the Community Development Banking and
Financial Institutions Act of 1994 \(12 U.S.C. 4703\(b\)\) is
amended by adding to the end the following:
“\(5\) Annual testimony.—The Secretary of the Treasury \(or
a designee of the Secretary\) shall, at the discretion of the
chairman of the Committee on Banking, Housing, and Urban
Affairs of the Senate and chairman of the Committee on
Financial Services of the House of Representatives, annually
testify before such committees \(or a subcommittee of such
committees\) regarding the operations of the Fund during the
previous fiscal year.”.
SEC. 03. CDFI BOND GUARANTEE PROGRAM IMPROVEMENT.
\(a\) Sense of Congress.—It is the sense of Congress that
the authority to guarantee bonds under section 114A of the
Community Development Banking and Financial Institutions Act
of 1994 \(12 U.S.C. 4713a\) \(commonly referred to as the “CDFI
Bond Guarantee Program”\) provides community development
financial institutions with a sustainable source of long-term
capital and furthers the mission of the Community Development
Financial Institutions Fund \(established under section 104\(a\)
of such Act \(12 U.S.C. 4703\(a\)\)\) to increase economic
opportunity and promote community development investments for
underserved populations and distressed communities in the
United States.
\(b\) Guarantees for Bonds and Notes Issued for Community or
Economic Development Purposes.—
\(1\) In general.—Section 114A of the Community Development
Banking and Financial Institutions Act of 1994 \(12 U.S.C.
4713a\) is amended—
\(A\) in subsection \(c\)\(2\)—
\(i\) by inserting “outstanding” before “principal
amount”; and
\(ii\) by striking “multiplied by an amount equal to the
outstanding principal balance of issued notes or bonds,”;
\(B\) by amending subsection \(e\)\(2\) to read as follows:
“\(2\) Limitation on guarantee amount.—The Secretary may
not guarantee any amount under the program equal to less than
$25,000,000, but the total of all such guarantees in any
fiscal year may not exceed $1,000,000,000.”; and
\(C\) in subsection \(k\), by striking “September 30, 2014”
and inserting “the date that is the later of 4 years after
the date of enactment of the Access to Fair Financing for
Opportunity and Resilient Development Act or December 31,
2030.”.
\(2\) Clerical amendment.—The table of contents in section
1\(b\) of the Riegle Community Development and Regulatory
Improvement Act of 1994 \(Public Law 103-325; 108 Stat. 2160\)
is amended by inserting after the item relating to section
114 the following:
“Sec. 114A. Guarantees for bonds and notes issued for community or
economic development purposes.”.
\(c\) Report on the CDFI Bond Guarantee Program.—Not later
than 3 years after the date of enactment of this Act, the
Secretary of the Treasury shall issue a report to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives on the effectiveness of the CDFI bond
guarantee program established under section 114A of the
Community Development Banking and Financial Institutions Act
of 1994 \(12 U.S.C. 4713a\).
SEC. 04. CAPITALIZATION ASSISTANCE TO ENHANCE LIQUIDITY.
\(a\) In General.—Section 113 of the Community Development
Banking and Financial Institutions Act of 1994 \(12 U.S.C.
4712\) is amended—
\(1\) by striking subsection \(a\) and inserting the following:
“\(a\) Assistance.—
“\(1\) In general.—The Fund may provide funds to
organizations for the purpose of—
“\(A\) purchasing loans that are originated by community
development financial institutions, loan participations, or
interests therein from community development financial
institutions;
“\(B\) providing guarantees, loan loss reserves, or other
forms of credit enhancement to promote liquidity for
community development financial institutions; and
“\(C\) otherwise enhancing the liquidity of community
development financial institutions.
“\(2\) Construction of federal government funds.—For
purposes of this subsection, notwithstanding section
105\(a\)\(9\) of the Housing and Community Development Act of
1974 \(42 U.S.C. 5305\(a\)\(9\)\), funds provided pursuant to such
Act shall be considered to be Federal Government funds.”;
\(2\) by striking subsection \(b\) and inserting the following:
“\(b\) Selection.—
“\(1\) In general.—The selection of organizations to
receive assistance and the amount of assistance to be
provided to any organization under this section shall be at
the discretion of the Fund and in accordance with criteria
established by the Fund.
“\(2\) Eligibility.—Organizations eligible to receive
assistance under this section—
“\(A\) shall have a primary purpose of promoting community
development; and
“\(B\) are not required to be community development
financial institutions.
“\(3\) Prioritization.—For the purpose of making an award
of funds under this section, the Fund shall prioritize the
selection of organizations that—
“\(A\) demonstrate relevant experience or an ability to
carry out the activities under this section, including
experience leading or participating in loan purchase
structures or purchasing or participating in the purchase of,
assigning, or otherwise transferring, assets from community
development financial institutions;
“\(B\) demonstrate the capacity to increase the number or
dollar volume of loan originations or expand the products or
services of community development financial institutions,
including by leveraging the award with private capital; and
“\(C\) will use the funds to support community development
financial institutions that represent broad geographic
coverage or that serve borrowers that have experienced
significant unmet capital or financial services needs.”;
\(3\) in subsection \(c\), in the first sentence—
\(A\) by striking “$5,000,000” and inserting
“$20,000,000”; and
\(B\) by striking “during any 3-year period”; and
\(4\) by adding at the end the following:
“\(g\) Regulations.—The Secretary may promulgate such
regulations as may be necessary or appropriate to carry out
the authorities or purposes of this section.”.
\(b\) Emergency Capital Investment Funds.—Section 104A of
the Community Development Banking and Financial Institutions
Act of 1994 \(12 U.S.C. 4703a\) is amended by striking
subsection \(l\) and inserting the following:
“\(l\) Deposit of Funds.—All funds received by the
Secretary in connection with purchases made pursuant this
section, including interest payments, dividend payments, and
proceeds from the sale of any financial instrument, shall be
deposited into the Fund and used—
“\(1\) to provide financial assistance to organizations
pursuant to section 113; and
“\(2\) to provide financial and technical assistance
pursuant to section 108, except that subsection \(e\) of that
section shall be waived.”.
\(c\) Annual Reports.—
\(1\) Definitions.—In this subsection, the terms “community
development financial institution” and “Fund” have the
meanings given the terms in section 103 of the Community
Development Banking and Financial Institutions Act of 1994
\(12 U.S.C. 4702\).
\(2\) Requirements.—Not later than 1 year after the date on
which assistance is first provided under section 113 of the
Community Development Banking and Financial Institutions Act
of 1994 \(12 U.S.C. 4712\) pursuant to the amendments made by
subsection \(a\) of this section, and annually thereafter, the
Secretary of the Treasury shall submit to Congress a written
report describing the use of the Fund for the 1-year period
preceding the submission of the report for the purposes
described in subsection \(a\)\(1\) of such section 113, as
amended by subsection \(a\) of this section, which shall
include, with respect to the period covered by the report—
\(A\) the total amount of—
\(i\) loans, loan participations, and interests therein
purchased from community development financial institutions;
\(ii\) loans that support affordable housing construction;
and
\(iii\) guarantees, loan loss reserves, and other forms of
credit enhancement provided to community development
financial institutions;
\(B\) the effect of the purchases and guarantees made by the
Fund on the overall competitiveness of community development
financial institutions; and
\(C\) the impact of the purchases and guarantees made by the
Fund on the liquidity of community development financial
institutions.
SEC. 05. NATIVE CDFI RELENDING PROGRAM.
Section 502 of the Housing Act of 1949 \(42 U.S.C. 1472\) is
amended by adding at the end the following:
“\(j\) Set Aside for Native Community Development Financial
Institutions.—
“\(1\) Definitions.—In this subsection—
“\(A\) the term \`Alaska Native' has the meaning given the
term \`Native' in section 3\(b\) of the Alaska Native Claims
Settlement Act \(43 U.S.C. 1602\(b\)\);
“\(B\) the term \`appropriate congressional committees'
means—
“\(i\) the Committee on Agriculture of the Senate;
“\(ii\) the Committee on Indian Affairs of the Senate;
“\(iii\) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
“\(iv\) the Committee on Agriculture of the House of
Representatives;
“\(v\) the Committee on Natural Resources of the House of
Representatives; and
“\(vi\) the Committee on Financial Services of the House of
Representatives;
“\(C\) the term \`community development financial
institution' has the meaning given the term in section 103 of
the Community Development Banking and Financial Institutions
Act of 1994 \(12 U.S.C. 4702\);
“\(D\) the term \`Indian Tribe' has the meaning given the
term \`Indian tribe' in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996 \(25
U.S.C. 4103\);
“\(E\) the term \`Native community development financial
institution' means an entity—
“\(i\) that has been certified as a community development
financial institution by the Secretary of the Treasury;
“\(ii\) that is not less than 51 percent owned or controlled
by members of Indian Tribes, Alaska Native communities, or
Native Hawaiian communities; and
“\(iii\) for which not less than 51 percent of the
activities of the entity serve Indian Tribes, Alaska Native
communities, or Native Hawaiian communities;
“\(F\) the term \`Native Hawaiian' has the meaning given the
term in section 801 of the Native American Housing Assistance
and Self-Determination Act of 1996 \(25 U.S.C. 4221\); and
“\(G\) the term \`priority Tribal land' means—
“\(i\) any land located within the boundaries of—
“\(I\) an Indian reservation, pueblo, or rancheria; or
“\(II\) a former reservation within Oklahoma;
“\(ii\) any land not located within the boundaries of an
Indian reservation, pueblo, or rancheria, the title to which
is held—
“\(I\) in trust by the United States for the benefit of an
Indian Tribe or an individual Indian;
“\(II\) by an Indian Tribe or an individual Indian, subject
to restriction against alienation under laws of the United
States; or
“\(III\) by a dependent Indian community;
“\(iii\) any land located within a region established
pursuant to section 7\(a\) of the Alaska Native Claims
Settlement Act \(43 U.S.C. 1606\(a\)\);
“\(iv\) Hawaiian Home Lands, as defined in section 801 of
the Native American Housing Assistance and Self-Determination
Act of 1996 \(25 U.S.C. 4221\); or
“\(v\) those areas or communities designated by the
Assistant Secretary of Indian Affairs of the Department of
the Interior that are near, adjacent, or contiguous to
reservations where financial assistance and social service
programs are provided to Indians because of their status as
Indians.
“\(2\) Purpose.—The purpose of this subsection is to—
“\(A\) increase homeownership opportunities for Indian
Tribes, Alaska Native Communities, and Native Hawaiian
communities in rural areas; and
“\(B\) provide capital to Native community development
financial institutions to increase the number of mortgage
transactions carried out by those institutions.
“\(3\) Set aside for native cdfis.—Of amounts appropriated
to make direct loans under this section for each fiscal year,
the Secretary may use not more than $50,000,000 to make
direct loans to Native community development financial
institutions in accordance with this subsection.
“\(4\) Application requirements.—A Native community
development financial institution desiring a loan under this
subsection shall demonstrate that the institution—
“\(A\) can provide the non-Federal cost share required under
paragraph \(6\); and
“\(B\) is able to originate and service loans for single
family homes.
“\(5\) Lending requirements.—A Native community development
financial institution that receives a loan pursuant to this
subsection shall—
“\(A\) use those amounts to make loans to borrowers—
“\(i\) who otherwise meet the requirements for a loan under
this section; and
“\(ii\) who—
“\(I\) are members of an Indian Tribe, an Alaska Native
community, or a Native Hawaiian community; or
“\(II\) maintain a household in which not less than 1 member
is a member of an Indian Tribe, an Alaska Native community,
or a Native Hawaiian community; and
“\(B\) in making loans under subparagraph \(A\), give priority
to borrowers described in that subparagraph who are residing
on priority Tribal land.
“\(6\) Non-federal cost share.—
“\(A\) In general.—A Native community development financial
institution that receives a loan under this section shall be
required to match not less than 20 percent of the amount
received.
“\(B\) Waiver.—In the case of a loan for which amounts are
used to make loans to borrowers described in paragraph
\(5\)\(B\), the Secretary shall waive the non-Federal cost share
requirement described in subparagraph \(A\) with respect to
those loan amounts.
“\(7\) Reporting.—
“\(A\) Annual report by native cdfis.—Each Native community
development financial institution that receives a loan
pursuant to this subsection shall submit an annual report to
the Secretary on the lending activities of the institution
using the loan amounts, which shall include—
“\(i\) a description of the outreach efforts of the
institution in local communities to identify eligible
borrowers;
“\(ii\) a description of how the institution leveraged
additional capital to reach prospective borrowers;
“\(iii\) the number of loan applications received, approved,
and deployed;
“\(iv\) the average loan amount;
“\(v\) the number of finalized loans that were made on
Tribal trust lands and not on Tribal trust lands; and
“\(vi\) the number of finalized loans that were made on
priority Tribal land and not priority Tribal land.
“\(B\) Annual report to congress.—Not later than 1 year
after the date of enactment of this subsection, and every
year thereafter, the Secretary shall submit to the
appropriate congressional communities a report that
includes—
“\(i\) a list of loans made to Native community development
financial institutions pursuant to this subsection, including
the name of the institution and the loan amount;
“\(ii\) the percentage of loans made under this section to
members of Indian Tribes, Alaska Native communities, and
Native Hawaiian communities, respectively, including a
breakdown of loans made to households residing on and not on
Tribal trust lands; and
“\(iii\) the average loan amount made by Native community
development financial institutions pursuant to this
subsection.
“\(C\) Evaluation of program.—Not later than 3 years after
the date of enactment of this subsection, the Secretary and
the Secretary of the Treasury shall conduct an evaluation of
and submit to the appropriate congressional committees a
report on the program under this subsection, which shall—
“\(i\) evaluate the effectiveness of the program, including
an evaluation of the demand for loans under the program; and
“\(ii\) include recommendations relating to the program,
including whether—
“\(I\) the program should be expanded to such that all
community development financial institutions may make loans
under the program to the borrowers described in paragraph
\(5\); and
“\(II\) the set aside amount paragraph \(3\) should be
modified in order to match demand under the program.
“\(8\) Grants for operational support.—
“\(A\) In general.—The Secretary shall make grants to
Native community development financial institutions that
receive a loan under this section to provide operational
support and other related services to those institutions,
subject to—
“\(i\) the satisfactory performance, as determined by the
Secretary, of a Native community development financial
institution in carrying out this section; and
“\(ii\) the availability of funding.
“\(B\) Amount.—A Native community development financial
institution that receives a loan under this section shall be
eligible to receive a grant described in subparagraph \(A\) in
an amount equal to 20 percent of the direct loan amount
received by the Native community development financial
institution under the program under this section as of the
date on which the direct loan is awarded.
“\(9\) Outreach and technical assistance.—There is
authorized to be appropriated to the Secretary $1,000,000 for
each of fiscal years 2025, 2026, and 2027—
“\(A\) to provide technical assistance to Native community
development financial institutions—
“\(i\) relating to homeownership and other housing-related
assistance provided by the Secretary; and
“\(ii\) to assist those institutions to perform outreach to
eligible homebuyers relating to the loan program under this
section; or
“\(B\) to provide funding to a national organization
representing Native American housing interests to perform
outreach and provide technical assistance as described in
clauses \(i\) and \(ii\), respectively, of subparagraph \(A\).
“\(10\) Administrative costs.—In addition to other
available funds, the Secretary may use not more than 3
percent of the amounts made available to carry out this
subsection
for administration of the programs established under this
subsection.”.
SA 6102. Mr. ROUNDS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. . MODERNIZATION PROGRAM FOR FULL CONTENT INSPECTION.
Section 1515 of the National Defense Authorization Act for
Fiscal Year 2024 \(Public Law 118-31; 10 U.S.C. 2224 note\) is
amended—
\(1\) in the section heading, by striking “network boundary
and cross-domain defense” and inserting “full content
inspection”;
\(2\) in subsection \(a\), in the second sentence, by inserting
“and cross-domain” after “network boundary”;
\(3\) in subsection \(b\)\(2\)—
\(A\) in subparagraph \(A\)—
\(i\) by inserting “specified in subsection \(a\)” after
“defense capabilities” both places it appears; and
\(ii\) in clause \(ii\), by inserting “that support
operational missions as defined by the Department of Defense
Cyber Defense Command” before the period at the end;
\(B\) by redesignating subparagraphs \(B\) and \(C\) as
subparagraphs \(C\) and \(D\), respectively;
\(C\) by inserting after subparagraph \(A\) the following new
subparagraph \(B\):
“\(B\) By December 1, 2027, integrate the capabilities into
the pilot program described in subparagraph \(A\) that
leverages, where appropriate, investments in artificial
intelligence to illuminate and actively counter foreign cyber
aggression to Department of Defense networks.”;
\(D\) in subparagraph \(C\), as redesignated by subparagraph
\(B\), by striking “deployment of modernized network boundary
defense capabilities to the access points and cross-domain
capabilities” and inserting “deployment of the same
capabilities described in subsection \(a\) to the access points
and cross-domain capabilities, and any other network
interconnection point,”; and
\(E\) in subparagraph \(D\), as redesignated by subparagraph
\(B\)—
\(i\) by striking “modernized network boundary defense
capabilities” and inserting “the same capabilities
described in subsection \(a\)”; and
\(ii\) by adding at the end the following new sentence: “To
ensure the coverage of these capabilities is complete, the
Secretary shall, acting through the Director of the Defense
Information Systems Agency and the Chief Information Officer
of the Department of Defense, create a list of remaining
networks and enclaves.”; and
\(4\) by adding at the end the following new subsection:
“\(d\) Semiannual Briefings.—Not less frequently than twice
each year until December 31, 2028, the Chief Information
Officer of the Department of Defense, the Director of the
Defense Information Systems Agency, and the Commander of the
Department of Defense Cyber Defense Command shall jointly
provide to the congressional defense committees a briefing
on—
“\(1\) the status of deployment of the modernization program
required by subsection \(a\);
“\(2\) the results of the surveys conducted pursuant to
subparagraphs \(C\) and \(D\) of subsection \(b\)\(2\);
“\(3\) identification of and timeline for the remaining
networks and enclaves to be incorporated into the program;
and
“\(4\) any reprogramming requests necessary to expedite
completion of the deployment to all remaining networks and
enclaves identified.”.
SA 6103. Mr. ROUNDS \(for himself, Ms. Cortez Masto, and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. REVIEW AND PROHIBITIONS BY COMMITTEE ON FOREIGN
INVESTMENT IN THE UNITED STATES OF CERTAIN
TRANSACTIONS RELATING TO AGRICULTURE.
\(a\) In General.—Section 721 of the Defense Production Act
of 1950 \(50 U.S.C. 4565\) is amended—
\(1\) in subsection \(a\), by adding at the end the following:
“\(14\) Agriculture.—The term \`agriculture' has the meaning
given that term in section 3 of the Fair Labor Standards Act
of 1938 \(29 U.S.C. 203\).”;
\(2\) in subsection \(b\)\(1\), by adding at the end the
following:
“\(I\) Consideration of certain agricultural land
transactions.—
“\(i\) In general.—Not later than 30 days after receiving
notification from the Secretary of Agriculture of a
reportable agricultural land transaction, the Committee shall
determine—
“\(I\) whether the transaction is a covered transaction; and
“\(II\) if the Committee determines that the transaction is
a covered transaction, whether to—
“\(aa\) request the submission of a notice under clause \(i\)
of subparagraph \(C\) or a declaration under clause \(v\) of such
subparagraph pursuant to the process established under
subparagraph \(H\); or
“\(bb\) initiate a review pursuant to subparagraph \(D\).
“\(ii\) Reportable agricultural land transaction defined.—
In this subparagraph, the term \`reportable agricultural land
transaction' means a transaction—
“\(I\) that the Secretary of Agriculture has reason to
believe is a covered transaction;
“\(II\) that involves the acquisition of an interest in
agricultural land by a foreign person, other than an excepted
investor or an excepted real estate investor, as such terms
are defined in regulations prescribed by the Committee; and
“\(III\) with respect to which a person is required to
submit a report to the Secretary of Agriculture under section
2\(a\) of the Agricultural Foreign Investment Disclosure Act of
1978 \(7 U.S.C. 3501\(a\)\).
“\(iii\) Rule of construction.—Nothing in this subparagraph
shall be construed to apply to the acquisition of an interest
in agricultural land by a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.”;
\(3\) in subsection \(k\)\(2\)—
\(A\) by redesignating subparagraphs \(H\), \(I\), and \(J\) as
subparagraphs \(I\), \(J\), and \(K\), respectively; and
\(B\) by inserting after subparagraph \(G\) the following:
“\(H\) The Secretary of Agriculture, with respect to any
covered transaction related to the purchase of agricultural
land or biotechnology or otherwise related to the agriculture
industry in the United States.”; and
\(4\) by adding at the end the following:
“\(r\) Prohibitions Relating to Purchases of Agricultural
Land and Agricultural Businesses.—
“\(1\) In general.—If the Committee, in conducting a review
under this section, determines that a transaction described
in clause \(i\), \(ii\), or \(iv\) of subsection \(a\)\(4\)\(B\) would
result in the purchase or lease by a covered foreign person
of real estate described in paragraph \(2\) or would result in
control by a covered foreign person of a United States
business engaged in agriculture, the President shall prohibit
the transaction unless a party to the transaction voluntarily
chooses to abandon the transaction.
“\(2\) Real estate described.—Subject to regulations
prescribed by the Committee, real estate described in this
paragraph is agricultural land \(as defined in section 9 of
the Agricultural Foreign Investment Disclosure Act of 1978 \(7
U.S.C. 3508\)\) in the United States that is in close proximity
\(subject to subsection \(a\)\(4\)\(C\)\(ii\)\) to a United States
military installation or another facility or property of the
United States Government that is—
“\(A\) sensitive for reasons relating to national security
for purposes of subsection \(a\)\(4\)\(B\)\(ii\)\(II\)\(bb\); and
“\(B\) identified in regulations prescribed by the
Committee.
“\(3\) Waiver.—
“\(A\) In general.—The President may waive, on a case-by-
case basis, the requirement to prohibit a transaction under
paragraph \(1\) after the President determines and reports to
the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives that the waiver is in the national
interest of the United States.
“\(B\) Delegation.—The President may delegate the authority
under subparagraph \(A\) to the Secretary of the Treasury. The
Secretary of the Treasury may redelegate that authority to
the Deputy Secretary of the Treasury or to another
appropriate officer of the Department of the Treasury.
“\(4\) Covered foreign person defined.—
“\(A\) In general.—In this subsection, subject to
regulations prescribed by the Committee, the term \`covered
foreign person'—
“\(i\) means—
“\(I\) the government of a covered country; or
“\(II\) any foreign person \(including a foreign entity\) that
acts as an agent, representative, or employee of, or acts at
the direction or control of, the government of a covered
country; and
“\(ii\) does not include a United States citizen or an alien
lawfully admitted for permanent residence to the United
States.
“\(B\) Covered country defined.—For purposes of
subparagraph \(A\), the term \`covered country' means any of the
following countries, if the country is determined to be a
foreign adversary pursuant to section 791.4 of title 15, Code
of Federal Regulations \(or a successor regulation\):
“\(i\) The People's Republic of China.
“\(ii\) The Russian Federation.
“\(iii\) The Islamic Republic of Iran.
“\(iv\) The Democratic People's Republic of Korea.”.
\(b\) Spending Plans.—Not later than 60 days after the date
of the enactment of this
Act, each department or agency represented on the Committee
on Foreign Investment in the United States shall submit to
the chairperson of the Committee a copy of the most recent
spending plan required under section 1721\(b\) of the Foreign
Investment Risk Review Modernization Act of 2018 \(50 U.S.C.
4565 note\).
\(c\) Regulations.—
\(1\) In general.—The President shall direct, subject to
section 553 of title 5, United States Code, the issuance of
regulations to carry out the amendments made by this section.
\(2\) Effective date.—The regulations prescribed under
paragraph \(1\) shall take effect not later than 18 months
after the date of the enactment of this Act.
\(d\) Effective Date; Applicability.—The amendments made by
this section shall—
\(1\) take effect on the date of the enactment of this Act;
and
\(2\) apply with respect to a covered transaction \(as defined
in section 721 of the Defense Production Act of 1950 \(50
U.S.C. 4565\)\) that is proposed, pending, or completed on or
after such date of enactment.
SA 6104. Mr. CRUZ \(for himself and Mr. Kaine\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 235. PILOT PROGRAM ON SAFETY AND QUALIFICATION OF
PRINTABLE ENERGETIC FEEDSTOCKS FOR ADDITIVE
MANUFACTURING.
\(a\) Establishment.—The Secretary of Defense shall
establish a pilot program, to be carried out by the Under
Secretary of Defense for Research and Engineering, in
coordination with the Capability Program Executive,
Ammunition and Energetics \(or successor organization\) and
appropriate service acquisition executives, to evaluate the
safety, quality, and qualification pathways of printable
energetic feedstocks for controlled additive manufacturing
applications.
\(b\) Purpose.—The purposes of the pilot program are—
\(1\) to determine whether the use of printable energetic
feedstocks can improve handling safety, process stability,
lot-to-lot consistency, and supply chain resilience relative
to traditional energetics manufacturing and handling methods;
\(2\) to analyze logistics impact on throughput, waste,
defect rate, and constituent material availability versus
state-of-the-art legacy processes;
\(3\) to develop and validate new test and evaluation
methods, if necessary, including metrology and digital
quality assurance, suitable for assessing printable energetic
feedstocks for Department of Defense use;
\(4\) to assess applicability of printable energetic
feedstocks to existing or planned munition and energetics
modernization efforts, consistent with explosive safety,
security, and environmental requirements, that provide an
advantage in performance or logistics; and
\(5\) to identify barriers to adoption, including
infrastructure, standards, certification, and workforce
requirements.
\(c\) Activities.—Activities under the pilot program may
include—
\(1\) identification, assessment, and characterization of
representative printable energetic feedstocks and their
performance consistency under controlled conditions;
\(2\) development of qualification criteria and data packages
to inform safety releases, waivers, or certifications as
appropriate;
\(3\) limited demonstrations at Government facilities or
contractor facilities that meet all applicable explosive
safety and security requirements;
\(4\) development of nonproprietary standards, metrology
approaches, and digital thread quality controls for printable
energetic feedstocks; and
\(5\) analysis of operational impacts via wargaming or
mission/campaign modeling and experimental performance data.
\(d\) Comparative Safety Assessment Required.—As a core
element of the pilot program, the Secretary of Defense shall
conduct a comparative assessment of the safety of the use of
printable energetic feedstocks relative to traditional
energetics manufacturing and handling, including, at a
minimum—
\(1\) hazards and risks associated with storage, transport,
handling, and processing;
\(2\) sensitivity and response to credible stimuli \(including
thermal and mechanical stimuli\) using appropriate test
standards;
\(3\) process safety considerations, including potential
failure modes and mitigations for controlled additive
manufacturing workflows;
\(4\) accident and incident risk modeling \(including
qualitative and quantitative risk assessment where feasible\);
and
\(5\) recommended safety controls, facility requirements, and
operational constraints for any future operational use.
\(e\) Safety and Security Requirements.—The Secretary of
Defense shall ensure that activities under the pilot
program—
\(1\) are conducted only at facilities compliant with
applicable explosive safety siting, storage, handling, and
operating requirements;
\(2\) incorporate counter-diversion safeguards, inventory
accountability, and chain-of-custody controls;
\(3\) apply cybersecurity and access controls for any digital
manufacturing files, process parameters, and quality records;
and
\(4\) do not authorize dissemination of restricted
manufacturing parameters outside approved Government and
cleared-industry channels.
\(f\) Reporting.—Not later than 180 days after initiation of
the pilot program, and annually thereafter for the duration
of the pilot program, the Secretary shall submit to the
congressional defense committees a report that includes—
\(1\) pilot objectives, participants, test locations, and
safety governance structure;
\(2\) test methodologies, standards used, and key safety and
quality metrics;
\(3\) results of activities conducted under subsection \(c\),
including identification, assessment, and characterization of
representative printable energetic feedstocks,
demonstrations, qualification criteria, data packages, and
standard development;
\(4\) results of the comparative safety assessment required
under subsection \(d\), including identified hazards,
mitigations, and residual risk;
\(5\) an assessment of cost, schedule, and scalability
relative to traditional energetics manufacturing and
handling;
\(6\) recommended qualification and certification pathways,
including any standards gaps; and
\(7\) any recommended legislative, regulatory, or resourcing
actions required to enable safe adoption.
\(g\) Duration.—The pilot program shall be carried out for
not more than 5 years after the date of the enactment of this
section.
SA 6105. Mr. COTTON \(for himself, Ms. Hassan, Ms. Lummis, Mr. Schatz, Mr. Banks, Mr. Ricketts, Mr. McCormick, Mr. Coons, Mr. Hawley, Ms. Warren, Mr. Cramer, Ms. Cortez Masto, Mr. Kennedy, Mr. Tillis, Mr. Tuberville, Ms. Alsobrooks, Mr. Kelly, Ms. Slotkin, Mr. Schumer, Mrs. Moody, and Mr. Scott of Florida\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Chip Security Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Chip Security Act”.
SEC. 1095. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) technology developed in the United States should serve
as the foundation for the global ecosystem of artificial
intelligence to advance the foreign policy and national
security objectives of the United States and allies and
partners of the United States;
\(2\) the United States can foster goodwill, strengthen
relationships, and support innovative research around the
world by providing allies and partners of the United States
with advanced computing capabilities;
\(3\) advanced integrated circuits and computing hardware
that is exported from the United States must be protected
from diversion, theft, and other unauthorized use or
exploitation in order to bolster the competitiveness of the
United States and protect the national security of the United
States;
\(4\) illegal diversion of advanced integrated circuits and
computing hardware, particularly illegal diversion to the
People's Republic of China and the Russian Federation, is a
significant and growing issue that undermines the United
States' export controls and threatens the United States'
national security;
\(5\) implementing chip security mechanisms will improve
enforcement of export control laws of the United States,
assist allies and partners with guarding computing hardware,
and enhance protections from bad actors looking to access,
divert, or tamper with advanced integrated circuits and
computing hardware; and
\(6\) implementing chip security mechanisms may help with the
detection of smuggling or exploitation of advanced integrated
circuits and computing hardware, thereby allowing for
increased flexibility in export controls and opening the door
for more international partners to receive streamlined and
larger shipments of advanced computing hardware.
SEC. 1096. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(2\) Chip security mechanism.—The term “chip security
mechanism” means, with respect to a covered integrated
circuit product, a software-, firmware-, or hardware-enabled
security mechanism or a physical security mechanism,
including—
\(A\) periodic on-site audits or inventories at the end-
user's approved destination for the covered integrated
circuit product;
\(B\) periodic attestations by a U.S.-headquartered entity,
or its subsidiaries, confirming that all covered integrated
circuit products are accounted for, provided the Secretary
determines that the U.S.-headquartered entity or its
subsidiaries verifiably certifies that the U.S.-headquartered
entity or its subsidiaries—
\(i\) maintain continuous and sufficiently secure control
over the covered integrated circuit products throughout the
operation and repair of the products \(when such repair is
conducted by or under the direct supervision of the U.S.-
headquartered entity or its subsidiaries\); and
\(ii\) dispose of the covered integrated circuit products in
a manner that is verifiable and that ensures such products
cannot be used for any activity that violations the Export
Administration Regulations;
\(C\) except in the case of a covered integrated circuit
product whose sole or principal function is memory or
storage, ping-based location verification through a trusted
landmark server utilizing secure software- or firmware-
enabled mechanisms; or
\(D\) various other mechanisms, or combinations of
mechanisms, that the Secretary determines can verifiably
demonstrate with significant confidence that the covered
integrated circuit product has not been illegally diverted to
a destination of concern.
\(3\) Covered integrated circuit product.—
\(A\) In general.—The term “covered integrated circuit
product” means a certain integrated circuit, computer, or
other product classified under Export Control Classification
Number 3A090, 4A090, 5A002.z, related .z Export Control
Classification Numbers, or other functionally equivalent or
substantially similar items.
\(B\) Modification.—The Secretary shall routinely modify the
definition of the term “covered integrated circuit product”
under subparagraph \(A\) for the purposes of this subtitle to
ensure only integrated circuits, computers, electronic
assembly, or components designed or marketed for datacenter
use are subject to the requirements of this subtitle.
\(C\) Exclusion.—The term “covered integrated circuit”
does not include—
\(i\) covered integrated circuits or products containing a
covered integrated circuit that are not designed or marketed
for use in a data center;
\(ii\) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products; or
\(iii\) network switch integrated circuits whose dominant
function is routing traffic over a computing network.
\(4\) Destination of concern.—The term “destination of
concern” means—
\(A\) a country subject to a United States arms embargo,
listed under Country Group D:5 in Supplement No. 1 to Part
740 of the Export Administration Regulations; or
\(B\) any other country determined by the Secretary.
\(5\) Export, in-country transfer, and reexport.—The terms
“export”, “in-country transfer”, and “reexport” have
the meanings given those terms in section 1742 of the Export
Control Reform Act of 2018 \(50 U.S.C. 4801\).
\(6\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
SEC. 1097. RULES OF CONSTRUCTION.
Nothing in this subtitle may be construed to direct the
Secretary—
\(1\) to require any chip security mechanisms that—
\(A\) may hinder the capability or functionality of a covered
integrated circuit product, such as a kill switch or
geofencing mechanism; or
\(B\) meaningfully undermine the cybersecurity of the covered
integrated circuit product;
\(2\) to mandate the incorporation of a location verification
mechanism on a covered integrated circuit product that
requires physical changes to hardware;
\(3\) to consider any chip security mechanism requirements of
this subtitle as applicable to a person that fabricates
covered integrated circuit products, unless the person also
designs the respective covered integrated circuit products;
\(4\) to require chip security mechanisms for exports of
integrated circuits, computers, electronic assemblies, or
components that are not designed or marketed for artificial
intelligence datacenter use;
\(5\) to limit any other enforcement authority of the
Secretary or the head of any other Federal department or
agency under the Export Control Reform Act of 2018 \(50 U.S.C.
4801 et seq.\) or any other provision of law; or
\(6\) to apply any requirements or regulations under this
subtitle to any covered integrated circuit products in the
United States.
SEC. 1098. INITIAL REPORT TO CONGRESS ON CHIP SECURITY
MECHANISMS.
\(a\) Assessment.—On the date of the enactment of this Act,
the Secretary, in consultation with the Secretary of State,
the Secretary of Defense, and the Secretary of Energy and in
robust consultation with the public in a manner determined
appropriate by the Secretary and in consultation with the
heads of other relevant Federal departments and agencies,
shall initiate an assessment—
\(1\) to identify potential chip security mechanisms to
enable reliable verification of whether a covered integrated
circuit product has been illegally diverted or accessed;
\(2\) to develop incentives for facilitating industry-wide
incorporation of such chip security mechanisms;
\(3\) to conduct an analysis of the potential costs
associated with implementing such chip security mechanisms;
and
\(4\) to recommend a set of chip security mechanisms that
would effectively detect diversion and smuggling and is
technically feasible, cost-effective, and ensures the
technology leadership of the United States.
\(b\) Stakeholder Engagement.—In carrying out the
requirements under subsection \(a\), the Secretary shall
undertake a robust stakeholder engagement process to inform
the development and implementation of chip security
mechanisms, which shall include—
\(1\) soliciting input from relevant stakeholders,
including—
\(A\) private sector entities involved in the covered
integrated circuit product supply chain;
\(B\) experts in software, firmware, hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
\(C\) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
\(2\) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
\(c\) Report to Congress.—
\(1\) In general.—Not later than 210 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the results
of the assessment required by subsection \(a\), including—
\(A\) an identification of the chip security mechanisms the
Secretary plans to propose pursuant to implementing section
\[06\];
\(B\) an identification of future research and development
directions that could be used to enhance robustness of chip
security mechanisms and incentives to promote such research
and development directions;
\(C\) a roadmap for the timely implementation of the chip
security mechanisms; and
\(D\) any recommendations for potential modifications to
relevant export controls to allow for more flexibility with
respect to the countries to or in which covered integrated
circuit products may be exported, reexported, or in-country-
transferred if the products include chip security mechanisms.
\(2\) Form.—The report required in this subsection shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1099. REQUIREMENTS FOR CHIP SECURITY MECHANISMS FOR
EXPORT, RE-EXPORT, OR IN-COUNTRY TRANSFER OF
COVERED INTEGRATED CIRCUIT PRODUCTS.
\(a\) Primary Requirements.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, the Secretary, in consultation
with the Secretary of State, the Secretary of Defense, and
the Secretary of Energy, shall require any covered integrated
circuit product that is exported, reexported, or in-country
transferred to or within a foreign country to be secured by a
chip security mechanism that enables reliable verification of
whether the product has been illegally diverted to
destinations of concern, to the maximum extent practicable,
using techniques that are feasible and appropriate on such
date of enactment.
\(2\) Proposed regulations.—
\(A\) In general.—Not later than 270 days after the date of
the enactment of this Act, the Secretary shall promulgate
proposed regulations implementing the requirements of
paragraph \(1\).
\(B\) Requirements.—In promulgating the proposed regulations
under subparagraph \(A\), the Secretary shall—
\(i\) solicit public feedback on potential guidance to
clarify the categories of persons subject to this
requirement, how information should be securely shared
between entities, and the procedures for submission of such
notifications, in order to ensure clarity regarding
compliance obligations and implementation; and
\(ii\) issue guidance to clarify how the regulations can be
applied in nations with data localization laws or data
privacy laws, providing flexibility if such laws require
novel or flexible approaches.
\(3\) Final rule.—Not later than one year after the date of
the enactment of this Act, the Secretary, in robust
consultation with the public in a manner determined
appropriate by the Secretary and in consultation with the
heads of other relevant Federal departments and agencies,
shall promulgate a final rule that includes a reporting
requirement to inform the Bureau of Industry and Security of
the Department of Commerce whenever chip security mechanisms
fail to confirm that any covered integrated circuit product
has not been illegally diverted to a destination of concern,
taking into account reasonable time for persons to verify or
repair the chip security mechanism, identified in the final
rule, including instances in which there is evidence that a
product has
been subjected to tampering or an attempt at tampering,
including efforts to disable, spoof, falsify, manipulate,
mislead, or circumvent chip security mechanisms.
\(4\) Stakeholder engagement.—In carrying out this
subsection, the Secretary shall undertake a robust
stakeholder engagement process to inform the development and
implementation of chip security mechanisms, which shall
include—
\(A\) soliciting input from relevant stakeholders,
including—
\(i\) private sector entities involved in the covered
integrated circuit product supply chain;
\(ii\) experts in software, firmware, and hardware security,
cybersecurity, privacy, export compliance, national security,
and advanced artificial intelligence; and
\(iii\) individuals from academic institutions, federally
funded research and development centers, Federal departments
and agencies, and other research organizations with relevant
expertise; and
\(B\) incorporating stakeholder feedback to ensure that
required chip security mechanisms are operationally
effective, scalable, and aligned with best practices in
security, privacy, and export compliance.
\(b\) Enhancements to Chip Security Mechanisms.—
\(1\) Assessment.—
\(A\) In general.—Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and the Secretary of Energy,
shall—
\(i\) conduct an assessment, in robust consultation with the
public in a manner determined appropriate by the Secretary
and in consultation with the heads of other relevant Federal
departments and agencies, to identify what enhancements, if
any, should be used to improve the chip security mechanisms
implemented under subsection \(a\)\(1\)—
\(I\) to enhance compliance with the requirements of the
Export Control Reform Act of 2018 \(50 U.S.C. 4801 et seq.\);
\(II\) to detect the illegal diversion of covered integrated
circuit products;
\(III\) to identify and monitor smuggling intermediaries;
\(IV\) to ensure United States technology leadership;
\(V\) to ensure the orderly and effective implementation of
the chip security mechanism; and
\(VI\) to address industry feedback about the implementation
of the chip security mechanism;
\(ii\) if the Secretary identifies any such enhancements,
develop incentives for facilitating industry-wide
incorporation of such enhancements for covered integrated
circuit products; and
\(iii\) where necessary, to expedite the implementation of
such enhancements and identify and support research
activities, such as—
\(I\) updating and clarifying relevant vulnerability and
threat models;
\(II\) developing definitions, assets, and other practices to
support traceability and provenance of materials and data
across the product lifecycle;
\(III\) developing updated databases of existing trust and
assurance data practices; and
\(IV\) developing practices for implementing chip security
mechanisms and sharing relevant information across the
product life cycle while protecting confidential intellectual
property.
\(B\) Elements.—The assessment required by subparagraph \(A\)
shall include—
\(i\) an examination of the feasibility, reliability, and
effectiveness of—
\(I\) methods and strategies that prevent the tampering,
disabling, or other manipulating of covered integrated
circuit products; and
\(II\) any other method the Secretary determines appropriate
for the prevention of unauthorized use, access, or
exploitation of covered integrated circuit products;
\(ii\) an analysis of—
\(I\) the potential costs associated with implementing each
method examined under clause \(i\), including an analysis of—
\(aa\) the potential impact of the method on the performance
of covered integrated circuit products; and
\(bb\) the potential for the introduction of new
vulnerabilities into the products;
\(II\) the potential benefits of implementing the methods
examined under clause \(i\), including an analysis of the
potential increase—
\(aa\) in compliance of covered integrated circuit products
with the requirements of the Export Control Reform Act of
2018 \(50 U.S.C. 4801 et seq.\);
\(bb\) in detecting and deterring illegal diversion of the
covered integrated circuit products; and
\(cc\) in enhancing persons' global inventory management; and
\(III\) the susceptibility of the methods examined under
clause \(i\) to tampering, disabling, or other forms of
manipulation; and
\(iii\) an estimate of the expected costs to implement at-
scale methods to tamper with, disable, or manipulate a
covered integrated circuit product, or otherwise circumvent
the methods examined under clause \(i\).
\(2\) Report to congress.—
\(A\) In general.—Not later than two years after the date of
the enactment of this Act, and annually thereafter for three
years, the Secretary shall submit to the appropriate
congressional committees a report on the results of the
assessment required by paragraph \(1\), including—
\(i\) an identification of the chip security mechanisms, if
any, to be included in the requirements for enhanced chip
security mechanisms;
\(ii\) an identification of research and development
directions that could be used to improve the robustness of
chip security mechanisms and incentives to promote such
research and development directions;
\(iii\) if applicable, a roadmap for the timely
implementation of the enhanced chip security mechanisms; and
\(iv\) any recommendations for modifications to relevant
export controls to allow for more flexibility with respect to
the countries to or in which covered integrated circuit
products may be exported, reexported, or in-country
transferred if the products include enhanced chip security
mechanisms.
\(B\) Form.—The report required by paragraph \(1\) shall be
submitted in unclassified form, but may include a classified
annex.
\(3\) Implementation.—
\(A\) In general.—If any enhanced chip security mechanisms
identified pursuant to paragraph \(1\)\(A\) are determined by the
Secretary to be appropriate, the Secretary may, not later
than two years after the date on which the Secretary
completes the assessment required by paragraph \(1\), require
any covered integrated circuit product to incorporate the
enhanced chip security mechanisms, or for additional
mechanisms to be otherwise implemented, at the time the
product is exported, reexported, or in-country transferred to
or in a foreign country.
\(B\) Privacy and cybersecurity.—In assessing and developing
requirements for enhanced chip security mechanisms under this
subsection, the Secretary shall prioritize mitigation of
confidentiality and cybersecurity risk.
\(c\) Enforcement Authority.—In addition to the penalty and
enforcement authorities granted to the Secretary under the
Export Control Reform Act of 2018 \(50 U.S.C. 4801 et seq.\) or
otherwise provided by law, in carrying out this section, the
Secretary may—
\(1\) verify, in a manner the Secretary determines
appropriate, the ownership and location of a covered
integrated circuit product that has been exported,
reexported, or in-country transferred to or in a foreign
country;
\(2\) maintain a record of covered integrated circuit
products and include in the record the location and current
end-user of each such product; and
\(3\) require any person involved in the design, manufacture,
sale, physical security, oversight, distribution, export, or
licensed transfer of a covered integrated circuit product
being exported, re-exported, or in-country-transferred to a
foreign country to provide the information needed to maintain
the record \(such as essential information relating to the
chip security mechanisms, or the end-user of covered
integrated circuit products located outside of the United
States\).
\(d\) Foreign Competitiveness Assessment and Related
Authorities.—
\(1\) In general.—The Secretary shall annually assess the
competitiveness of foreign covered integrated circuit
products in relation to United States covered integrated
circuit products.
\(2\) Waiver.—The Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, is authorized to waive any requirements
of this subtitle if the Secretary, in consultation with such
Secretaries, determines that the implementation of chip
security mechanisms poses an undue burden on United States
competitiveness, is inconsistent with the national security
interests of the United States, and that exercising any and
all authorities under the Export Control Reform Act of 2018
\(50 U.S.C. 4801 et seq.\) insufficiently addressed issues
arising from the presence of sufficient volume of foreign
covered integrated circuit products not covered by the
requirements of this subtitle.
\(3\) Congressional notification.—At least 30 days prior to
exercising the waiver described in paragraph \(2\), the
Secretary shall provide a written notification to the
appropriate congressional committees containing detailed
quantitative analysis demonstrating the rationale for the
waiver and that exercising any and all authorities under the
Export Control Reform Act of 2018 \(50 U.S.C. 4801 et seq.\)
insufficiently addressed issues arising from the presence of
sufficient volume of foreign covered integrated circuit
products not covered by the requirements of this subtitle.
\(e\) Enforcement.—A violation of any provision of this
subtitle, or of any regulation, order, license, or other
authorization issued pursuant to this subtitle shall be
deemed a violation of the Export Control Reform Act of 2018
\(50 U.S.C. 4801 et seq.\).
\(f\) Administrative Procedures.—The provisions of section
1762 of the Export Control Reform Act of 2018 \(50 U.S.C.
4821\) shall apply to this subtitle in the same manner and to
the same extent as such provisions apply to the Export
Control Reform Act of 2018.
SA 6106. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, insert the following:
SEC. 1050. REPORT ON DOMESTIC PRODUCTION OF FERROSILICON AND
SILICOMANGANESE.
\(a\) In General.—Not later than 60 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the
Director of the Defense Logistics Agency, shall submit to the
congressional defense committees a report on the state of
domestic production of ferrosilicon and silicomanganese.
\(b\) Elements.—The report required by subsection \(a\) shall
include an assessment of—
\(1\) the scale, capacity, and utilization of domestic
ferrosilicon and silicomanganese production facilities in
operation as of the date of the report;
\(2\) the sufficiency of existing and projected domestic
production to meet anticipated requirements of the Department
of Defense for steel during the 10 years following the date
of the report;
\(3\) the volume, country of origin, and supply chain
reliability of imported ferrosilicon and silicomanganese used
in domestic steel manufacturing for defense end uses;
\(4\) the economic feasibility of sustainable domestic
production of ferrosilicon and silicomanganese, including—
\(A\) a comparison of domestic costs to global prices; and
\(B\) an assessment of the effect of foreign subsidization
and overcapacity; and
\(5\) Federal authorities and programs available to support
domestic production of ferrosilicon and silicomanganese.
SA 6107. Mr. HUSTED \(for himself and Mrs. Gillibrand\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
SEC. 1094. BENEFIT CALCULATION FOR CERTAIN AUTO AND DEFENSE
PENSIONS.
\(a\) Guaranteed Benefit Calculation for Certain Plans.—
\(1\) In general.—
\(A\) Increase to full vested plan benefit.—
\(i\) In general.—For purposes of determining what benefits
are guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 \(29 U.S.C. 1322\) with respect to
an eligible participant or beneficiary under a covered plan
specified in subparagraph \(D\) in connection with the
termination of such plan, the amount of monthly benefits
shall be equal to the full vested plan benefit with respect
to the participant.
\(ii\) No effect on previous determinations.—Nothing in this
Act shall be construed to change the allocation of assets and
recoveries under sections 4044\(a\) and 4022\(c\) of the Employee
Retirement Income Security Act of 1974 \(29 U.S.C. 1344\(a\);
1322\(c\)\) as previously determined by the Pension Benefit
Guaranty Corporation \(referred to in this section as the
“corporation”\) for the covered plans specified in
subparagraph \(D\), and the corporation's applicable rules,
practices, and policies on benefits payable in terminated
single-employer plans shall, except as otherwise provided in
this section, continue to apply with respect to such covered
plans.
\(B\) Recalculation of certain benefits.—
\(i\) In general.—In any case in which the amount of monthly
benefits with respect to an eligible participant or
beneficiary described in subparagraph \(A\) was calculated
prior to the date of enactment of this Act, the corporation
shall recalculate such amount pursuant to subparagraph \(A\),
and shall adjust any subsequent payments of such monthly
benefits accordingly, as soon as practicable after such date.
\(ii\) Lump-sum payments of past-due benefits.—Not later
than 180 days after the date of enactment of this Act, the
corporation, in consultation with the Secretary of the
Treasury and the Secretary of Labor, shall make a lump-sum
payment to each eligible participant or beneficiary whose
guaranteed benefits are recalculated under clause \(i\) in an
amount equal to—
\(I\) in the case of an eligible participant, the excess of—
\(aa\) the total of the full vested plan benefits of the
participant for all months for which such guaranteed benefits
were paid prior to such recalculation, over
\(bb\) the sum of any applicable payments made to the
eligible participant; and
\(II\) in the case of an eligible beneficiary, the sum of—
\(aa\) the amount that would be determined under subclause
\(I\) with respect to the participant of which the eligible
beneficiary is a beneficiary if such participant were still
in pay status; plus
\(bb\) the excess of—
\(AA\) the total of the full vested plan benefits of the
eligible beneficiary for all months for which such guaranteed
benefits were paid prior to such recalculation, over
\(BB\) the sum of any applicable payments made to the
eligible beneficiary.
Notwithstanding the previous sentence, the corporation shall
increase each lump-sum payment made under this clause to
account for foregone interest in an amount determined by the
corporation designed to reflect a 6 percent annual interest
rate on each past-due amount attributable to the underpayment
of guaranteed benefits for each month prior to such
recalculation.
\(iii\) Eligible participants and beneficiaries.—
\(I\) In general.—For purposes of this section, an eligible
participant or beneficiary is a participant or beneficiary
who—
\(aa\) as of the date of the enactment of this Act, is in pay
status under a covered plan or is eligible for future
payments under such plan;
\(bb\) has received or will receive applicable payments in
connection with such plan \(within the meaning of subclause
\(II\)\) that does not exceed the full vested plan benefits of
such participant or beneficiary; and
\(cc\) is not covered by the 1999 agreements between General
Motors and various unions providing a top-up benefit to
certain hourly employees who were transferred from the
General Motors Hourly-Rate Employees Pension Plan to the
Delphi Hourly-Rate Employees Pension Plan.
\(II\) Applicable payments.—For purposes of this
subparagraph, applicable payments to a participant or
beneficiary in connection with a plan consist of the
following:
\(aa\) Payments under the plan equal to the normal benefit
guarantee of the participant or beneficiary.
\(bb\) Payments to the participant or beneficiary made
pursuant to section 4022\(c\) of the Employee Retirement Income
Security Act of 1974 \(29 U.S.C. 1322\(c\)\) or otherwise
received from the corporation in connection with the
termination of the plan.
\(C\) Definitions.—For purposes of this paragraph—
\(i\) Full vested plan benefit.—The term “full vested plan
benefit” means the amount of monthly benefits that would be
guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 \(29 U.S.C. 1322\) as of the date
of plan termination with respect to an eligible participant
or beneficiary if such section were applied without regard to
the phase-in limit under subsection \(b\)\(1\) of such section
and the maximum guaranteed benefit limitation under
subsection \(b\)\(3\) of such section \(including the accrued-at-
normal limitation\).
\(ii\) Normal benefit guarantee.—The term “normal benefit
guarantee” means the amount of monthly benefits guaranteed
under section 4022 of the Employee Retirement Income Security
Act of 1974 \(29 U.S.C. 1322\) with respect to an eligible
participant or beneficiary without regard to this section.
\(D\) Covered plans.—The covered plans specified in this
subparagraph are the following:
\(i\) The Delphi Hourly-Rate Employees Pension Plan.
\(ii\) The Delphi Retirement Program for Salaried Employees.
\(iii\) The PHI Non-Bargaining Retirement Plan.
\(iv\) The ASEC Manufacturing Retirement Program.
\(v\) The PHI Bargaining Retirement Plan.
\(vi\) The Delphi Mechatronic Systems Retirement Program.
\(E\) Treatment of pbgc determinations.—Any determination
made by the corporation under this section concerning a
recalculation of benefits or lump-sum payment of past-due
benefits shall be subject to administrative review by the
corporation. Any new determination made by the corporation
under this section shall be governed by the same
administrative review process as any other benefit
determination by the corporation.
\(2\) Trust fund for payment of increased benefits.—
\(A\) Establishment.—There is established in the Treasury a
trust fund to be known as the “Delphi Full Vested Plan
Benefit Trust Fund” \(referred to in this subsection as the
“Fund”\), consisting of such amounts as may be appropriated
or credited to the Fund as provided in this section.
\(B\) Funding.—There is appropriated, out of amounts in the
Treasury not otherwise appropriated, such amounts as are
necessary for the costs of payments of the portions of
monthly benefits guaranteed to participants and beneficiaries
pursuant to paragraph \(1\) and for necessary administrative
and operating expenses of the corporation relating to such
payments. The Fund shall be credited with amounts from time
to time as the Secretary of the Treasury, in coordination
with the Director of the corporation, determines appropriate,
out of amounts in the Treasury not otherwise appropriated.
\(C\) Expenditures from fund.—Amounts in the Fund shall be
available for the payment of the portion of monthly benefits
guaranteed to a participant or beneficiary pursuant to
paragraph \(1\) and for necessary administrative and operating
expenses of the corporation relating to such payment.
\(3\) Regulations.—The corporation, in consultation with the
Secretary of the Treasury and the Secretary of Labor, may
issue such regulations as necessary to carry out this
section.
\(b\) Pension Payment Acceleration.—Notwithstanding section
4007\(a\) of the Employee Retirement Income Security Act of
1974 \(29 U.S.C. 1307\(a\)\) and section 4007.11 of title 29,
Code of Federal Regulations \(or any successor regulation\),
for plan years commencing after December 31, 2035, and before
January 1, 2037, the premium due date for such plan years
shall be the fifteenth day of the ninth calendar month that
begins on or after the first day of the premium payment year.
SA 6108. Mr. CRUZ \(for himself, Mr. Fetterman, and Ms. Slotkin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON CERTAIN EXPORTS.
\(a\) In General.—The Energy Policy and Conservation Act is
amended by inserting after section 163 \(42 U.S.C. 6243\) the
following:
“SEC. 164. PROHIBITION ON CERTAIN EXPORTS.
“\(a\) In General.—The Secretary shall prohibit the export
or sale of petroleum products drawn down from the Strategic
Petroleum Reserve, under any provision of law, to—
“\(1\) the People's Republic of China;
“\(2\) the Democratic People's Republic of Korea;
“\(3\) the Russian Federation;
“\(4\) the Islamic Republic of Iran; and
“\(5\) any entity that is under the ownership or control
of—
“\(A\) a country referred to in any of paragraphs \(1\)
through \(4\); or
“\(B\) the Chinese Communist Party.
“\(b\) Waiver.—The Secretary may issue a waiver of the
prohibition described in subsection \(a\) if the Secretary
certifies that any export or sale authorized pursuant to the
waiver is in the national security interests of the United
States.
“\(c\) Rule.—Not later than 60 days after the date of
enactment of the Banning SPR Oil Exports to Foreign
Adversaries Act, the Secretary shall issue a rule to carry
out this section.”.
\(b\) Conforming Amendments.—
\(1\) Drawdown and sale of petroleum products.—Section
161\(a\) of the Energy Policy and Conservation Act \(42 U.S.C.
6241\(a\)\) is amended by inserting “and section 164” before
the period at the end.
\(2\) Clerical amendment.—The table of contents for the
Energy Policy and Conservation Act is amended by inserting
after the item relating to section 163 the following:
“Sec. 164. Prohibition on certain exports.”.
\(3\) National policy on oil export restriction.—Section
101\(b\) of the Consolidated Appropriations Act, 2016 \(42
U.S.C. 6212a\(b\)\) is amended by inserting “and section 164 of
the Energy Policy and Conservation Act” after “and \(d\)”.
SA 6109. Mr. TILLIS \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Cooperation With NATO Allies
SEC. 1281. POLAND DEFENSE INDUSTRIAL COOPERATION PROGRAM.
\(a\) Establishment.—The Secretary of Defense, in
coordination with the Secretary of State, shall establish a
program to expand cooperation between the defense industrial
bases of the United States and Poland to expand co-production
capacity, enhance supply chain resilience, and support
operational readiness for United States and allied forces.
The program shall seek to—
\(1\) enhance bilateral cooperation between the United States
and Poland;
\(2\) reduce barriers to co-production between the United
States and Poland; and
\(3\) strengthen NATO's deterrence capability, including
against malign influence from the Russian Federation and
People's Republic of China.
\(b\) Elements.—The program established pursuant to
subsection \(a\) may also include the following:
\(1\) Co-production of munitions, ground combat systems, air
combat systems and other critical defense articles.
\(2\) The establishment and expansion of forward repair,
maintenance, and sustainment capabilities in Poland.
\(3\) The identification and authorization of technology
transfer necessary to establish co-production of co-
sustainment capabilities in Poland that support the Armed
Forces in Poland and NATO's deterrence capabilities.
\(4\) The development of redundant and resilient supply
chains to carry out the objectives described in paragraphs
\(1\) through \(3\) of subsection \(a\).
\(5\) Actions to identify and mitigate barriers to defense
industrial base cooperation, including barriers relating to
export controls, technology transfer, or contracting
practices.
\(c\) Authorities.—In carrying out the program established
pursuant to subsection \(a\), the Secretary of Defense shall
coordinate with other Federal departments and agencies,
including the Department of State and the Department of
Commerce, in order to—
\(1\) enter into contracts, cooperative agreements, and other
bilateral agreements \(including under section 4022 of title
10, United States Code\); and
\(2\) provide technical assistance, training, and equipment
relating to defense industrial base cooperation.
\(d\) Industry Engagement.—The Secretary of Defense, in
coordination with the Secretary of State, shall seek to
coordinate with appropriate counterparts of Poland to convene
an annual industry roundtable consisting of United States and
Polish defense companies, with the goal of expanding
cooperation and engagement across sectors and between
government and industry with respect to activities to
implement the program established pursuant to subsection \(a\).
\(e\) Report.—The Secretary of Defense, in coordination with
the Secretary of State, shall annually for a period of 5
years submit to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives a report on—
\(1\) any additional legislative authorities required to
carry out the program established pursuant to subsection \(a\)
or any of the elements described in subsection \(b\); and
\(2\) any regulatory or policy barriers to achieving the
objectives described in paragraphs \(1\) through \(3\) of
subsection \(a\).
SEC. 1282. STRATEGY FOR UNITED STATES-NATO INTEGRATED
TECHNOLOGY SOLUTION.
\(a\) In General.—In designing, procuring, or deploying
cyber and digital warfighting capabilities for, and in
coordination with, the North Atlantic Treaty Organization
\(NATO\), the Secretary of State and the Secretary of Defense
shall seek—
\(1\) to advance solutions that promote collaboration and
interoperability with respect to the cyber and digital
systems of the United States and of NATO allies; and
\(2\) to ensure that artificial intelligence-guided systems
operated by the United States and NATO allies recognize each
other and work together in joint operations.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the
Secretary of Defense, in coordination with the Secretary of
Commerce, shall submit to the appropriate congressional
committees a report that contains the following:
\(1\) A strategy to maintain integrated cyber and digital
technology solutions for NATO capabilities, incorporating
cyber, artificial intelligence, and digital systems from
United States vendors and vendors of NATO allies.
\(2\) A description of efforts made, during the reporting
period, to implement subsection \(a\).
\(3\) A description of the national security risks posed by
disintegrated, non-interoperable cyber, artificial
intelligence, and digital technology solutions to the United
States and NATO allies.
SEC. 1283. REPORT ON UNITED STATES WEAPONS SALES TO NATO.
\(a\) In General.—Not later than February 1 of each year,
the Secretary of State, in coordination with the Secretary of
Defense, shall submit to Congress a report on United States
weapons sales and transfers to NATO, as an organization, and
to each member country of NATO during the preceding calendar
year.
\(b\) Elements.—Each report required by subsection \(a\) shall
include—
\(1\) the information required by section 655 of the Foreign
Assistance Act \(22 U.S.C. 2415\); and
\(2\) a description of—
\(A\) any sale authorized pursuant to sections 21 or 38 of
the Arms Export Control Act \(22 U.S.C. 2761; 2778\);
\(B\) any transfer pursuant to the authority of section 333
of title 10, United States Code; and
\(C\) any transfer pursuant to section 516 of the Foreign
Assistance Act \(22 U.S.C. 2321j\).
\(c\) Form.—Each report required by subsection \(a\) shall be
submitted in unclassified form.
SA 6110. Mr. WARNER \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title , insert the
following:
SEC. \_\_. ECONOMY OF THE FUTURE COMMISSION.
\(a\) Definitions.—In this section:
\(1\) Artificial intelligence.—The term “artificial
intelligence” has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 \(15 U.S.C. 9401\).
\(2\) Commission.—The term “Commission” means the Economy
of the Future Commission established under subsection \(b\).
\(3\) Congressional leader.—The term “congressional
leader” means the majority leader of the Senate, the Speaker
of the House of Representatives, the minority leader of the
Senate, or the minority leader of the House of
Representatives.
\(4\) NAICS.—The term “NAICS” means the North American
Industry Classification System.
\(b\) In General.—There is established in the legislative
branch a commission to develop consensus legislative
recommendations addressing economic changes caused by the
adoption of artificial intelligence, to be known as the
“Economy of the Future Commission”.
\(c\) Membership.—
\(1\) In general.—The Commission shall be composed of the
following members:
\(A\) 12 members appointed by Congress in accordance with
paragraph \(2\), of whom—
\(i\) the majority leader of the Senate and the Speaker of
the House of Representatives shall each appoint 3 members;
and
\(ii\) the minority leader of the Senate and the minority
leader of the House of Representatives shall each appoint 3
members.
\(B\) Four persons appointed by the President, as nonvoting
members.
\(2\) Congressional appointees.—Each congressional leader
making appointments under paragraph \(1\)\(A\) shall—
\(A\) appoint 1 member who is serving as a Member of the
house of Congress in which the congressional leader serves;
and
\(B\) for any remaining appointments, appoint an individual
who is not serving in Congress and who is nationally
recognized for expertise, knowledge, or experience in—
\(i\) artificial intelligence technology;
\(ii\) education;
\(iii\) workforce retraining; or
\(iv\) taxation.
\(3\) Appointment.—Members of the Commission shall be
appointed not later than 45 days after the date of the
enactment of this Act.
\(4\) Ethics.—A congressional leader who appoints members of
the Commission may not appoint an individual as a member of
the Commission if such individual possesses any personal or
financial interest in the discharge of any of the duties of
the Commission.
\(d\) Co-Chairs.—
\(1\) In general.—The Commission shall have 2 co-chairs,
selected jointly by the congressional leaders from among the
members of the Commission in accordance with paragraph \(2\).
\(2\) Co-chair requirements.—One co-chair of the Commission
shall be a member of the Democratic Party, and one co-chair
shall be a member of the Republican Party. One co-chair of
the Commission shall be a Member of the House of
Representatives and one co-chair shall be a Senator.
\(e\) Meetings; Quorum; Vacancies.—
\(1\) Initial meeting.—The Commission shall hold its initial
meeting on or before the date that is 60 days after the date
of the enactment of this Act.
\(2\) Additional meetings.—After its initial meeting, the
Commission shall meet upon the call of the co-chairs of the
Commission.
\(3\) Quorum.—7 members of the Commission shall constitute a
quorum for purposes of conducting business, except that 2
members of the Commission shall constitute a quorum for
purposes of receiving testimony.
\(4\) Vacancies.—Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
\(5\) Quorum with vacancies.—If vacancies in the Commission
occur on any day after 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority
of the members of the Commission as of such day.
\(f\) Actions of Commission.—
\(1\) In general.—The Commission shall act by resolution
agreed to by a majority of the members of the Commission
voting and present.
\(2\) Panels.—The Commission may establish panels composed
of less than the full membership of the Commission for
purposes of carrying out the duties of the Commission under
this section. The actions of any such panel shall be subject
to the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered
the findings and determinations of the Commission unless
approved by the Commission.
\(3\) Delegation.—Any member, agent, or staff of the
Commission may, if authorized by the co-chairs of the
Commission, take any action which the Commission is
authorized to take pursuant to this section.
\(g\) Duties.—The duties of the Commission are—
\(1\) in general, to develop consensus legislative
recommendations addressing economic changes caused by the
adoption of artificial intelligence;
\(2\) to evaluate the effectiveness of, and develop consensus
legislative recommendations that address and respond to the
economic changes caused by, the adoption of artificial
intelligence, including the effectiveness and economic
changes of that adoption for—
\(A\) government data, research, and measurement;
\(B\) workforce development programs;
\(C\) kindergarten through grade 12 public education, career
and technical education, and higher education; and
\(D\) social safety net programs and worker support;
\(3\) to develop consensus legislative recommendations
addressing—
\(A\) the development of standards and metrics to evaluate
and address artificial intelligence adoption across the
Federal Government, including standards and metrics to
identify and address artificial intelligence-specific skill
and training needs across the Federal workforce;
\(B\) the relative merits of open-source and open-weight
models of artificial intelligence for suitability for small-
and medium-sized businesses and the use of open-source and
open-weight models to improve the efficiency of government
operations;
\(C\) the potential for a national Federal artificial
intelligence research investment strategy;
\(D\) public and private sector partnerships to increase
research access by academic institutions and small businesses
to private sector computing, models, data, and software
resources related to artificial intelligence;
\(E\) developing and scaling foundational manufacturing
technologies related to artificial intelligence through
government programs and public-private partnerships such as
the Hollings Manufacturing Extension Program established
under section 25\(b\) of the National Institute of Standards
and Technologies Act \(15 U.S.C. 278k\);
\(F\) supply chain and manufacturing challenges to developing
emerging technologies that are projected to heavily utilize
artificial intelligence, such as robotics;
\(G\) the need for public and private sector collaboration in
developing cloud computing-based laboratories for furthering
research into key technology focus areas, as defined in
section 10387\(c\) of the Research and Development,
Competition, and Innovation Act \(42 U.S.C. 19107\(c\)\),
utilizing artificial intelligence;
\(H\) changes to transportation safety policies and
regulations caused by the adoption of artificial intelligence
in land-, air-, and sea-based autonomous vehicles;
\(I\) energy generation, storage, and transmission demands
caused by the development of the artificial intelligence
industry and the construction and operation of domestic data
centers; and
\(J\) the use of artificial intelligence-enabled robotics in
government \(other than in the Department of Defense\) and
industry; and
\(4\) to prepare the reports required under subsection \(k\).
\(h\) Powers of Commission.—
\(1\) In general.—The Commission or, on the authorization of
the Commission, any subcommittee or member of, the Commission
may, for the purpose of carrying out the provisions of this
section—
\(A\) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, and
administer such oaths; and
\(B\) require the attendance and testimony of such witnesses
and the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member considers
necessary.
\(2\) Contracting.—The Commission may, to such extent and in
such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Commission to
discharge its duties under this section.
\(3\) Information from federal agencies.—
\(A\) In general.—The Commission may secure directly from
any executive department, agency, bureau, board, commission,
office, independent establishment, or instrumentality of the
Government information, suggestions, estimates, and
statistics for the purposes of this section.
\(B\) Response.—Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality shall,
to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request of the co-chairs of the Commission.
\(C\) Classified information.—The Commission shall handle
and protect all classified information provided to it under
this section in accordance with applicable statutes and
regulations.
\(4\) Assistance from federal agencies.—Federal departments
and agencies may provide the Commission such services, funds,
facilities, staff, and other support as such departments and
agencies consider advisable and as may be authorized by law.
\(5\) Postal services.—The Commission may use the United
States postal services in the same manner and under the same
conditions as the departments and agencies of the United
States.
\(6\) Gifts.—
\(A\) No gifts for service.—No member or staff of the
Commission may receive a gift or benefit by reason of the
service of such member or staff to the Commission.
\(B\) Authority to accept gifts.—The Commission may accept,
use, and dispose of gifts or donations of services or
property \(including goods\) from non-Federal entities for the
purposes of aiding and facilitating the work of the
Commission. The authority in this subparagraph does not
extend to gifts of money.
\(i\) Staff of Commission.—
\(1\) In general.—The co-chairs of the Commission, in
accordance with rules agreed upon by the Commission, shall
appoint and fix at a reasonable rate the compensation for a
staff director and such other personnel as
may be necessary to enable the Commission to carry out its
duties.
\(2\) Experts and consultants.—The co-chairs of the
Commission may procure the services of experts and
consultants in accordance with applicable law.
\(3\) Detailees.—Any Federal Government employee may be
detailed to the Commission without reimbursement from the
Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
\(j\) Compensation and Travel Expenses.—
\(1\) Compensation.—
\(A\) In general.—Except as provided in paragraph \(B\), each
member of the Commission may be compensated at a rate set by
the co-chairs that is reasonable for the services that such a
member provides for each day during which that member is
engaged in the actual performance of the duties of the
Commission under this section.
\(B\) Exclusion.—Members of the Commission who are officers
or employees of the United States or Members of Congress
shall receive no additional pay by reason of their service on
the Commission.
\(2\) Travel expenses.—While away from their homes or
regular places of business in the performance of services for
the Commission, members of the Commission may be allowed
travel expenses, including per diem in lieu of subsistence,
at a reasonable rate set by the co-chairs.
\(k\) Reports.—
\(1\) Interim report.—By not later than 7 months after the
date of enactment of this Act, the Commission shall issue an
interim report, to be disseminated to the public, including—
\(A\)\(i\) the initial estimates of changes in employment due
to the adoption of artificial intelligence for 5 years and 10
years after the date of enactment of this Act, by 6-digit
NAICS code; and
\(ii\) the Commission's level of confidence in such
estimates;
\(B\)\(i\) Federal revenue estimates for tax years beginning 5
and 10 years after the enactment of this Act; and
\(ii\) commentary by the Commission on the likelihood that
the adoption of artificial intelligence will increase or
decrease revenue during each time period described in clause
\(i\); and
\(C\) a description of high-quality, free resources that the
public can access to learn more about artificial intelligence
and the effects that its wide adoption may have on the global
economy.
\(2\) Final report.—By not later than 13 months after the
date of enactment of this Act, the Commission shall prepare
and submit to Congress a final report regarding the impact of
the adoption of artificial intelligence that includes
legislative recommendations on artificial intelligence
education, reskilling of employees needed due to the adoption
of artificial intelligence, unemployment insurance, and
taxation policy, and on maintaining global competitiveness in
key industries including technology and manufacturing.
\(l\) Termination.—
\(1\) In general.—The Commission, and all the authorities of
this section, shall terminate on the last day of the 120-day
period beginning on the date on which the final report
described in subsection \(k\)\(2\) is submitted to Congress.
\(2\) Closing activities.—The Commission may use the 120-day
period immediately preceding termination for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report described in subsection
\(k\)\(2\) and disseminating the report.
\(m\) Funding.—There is authorized to be appropriated to
carry out this section, $5,250,000 for fiscal year 2027, to
remain available until the date on which the Commission
terminates under subsection \(l\)\(1\).
SA 6111. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PILOT PROGRAM FOR EXPEDITING EXAMINATION OF CERTAIN
CRITICAL AND EMERGING TECHNOLOGY PATENT
APPLICATIONS.
\(a\) Definitions.—In this section:
\(1\) Covered application.—The term “covered application”
means an application for patent that contains at least 1
claimed invention directed to an eligible critical or
emerging technology.
\(2\) Director.—The term “Director” means the Under
Secretary of Commerce for Intellectual Property and Director
of the Office.
\(3\) Eligible critical or emerging technology.—The term
“eligible critical or emerging technology” means—
\(A\) an artificial intelligence capability relating to—
\(i\) machine learning;
\(ii\) deep learning;
\(iii\) reinforcement learning;
\(iv\) sensory perception or recognition;
\(v\) an artificial intelligence assurance or assessment
technique;
\(vi\) a foundation model;
\(vii\) a generative artificial intelligence system or
multimodal or large language model;
\(viii\) a synthetic data approach for training, tuning, or
testing;
\(ix\) planning, reasoning, or decision making; or
\(x\) the improvement of artificial intelligence safety,
trust, security, or responsible use;
\(B\) semiconductor design or an electronic design automation
tool; or
\(C\) a quantum information science capability relating to—
\(i\) quantum computing;
\(ii\) materials, isotopes, or fabrication techniques for
quantum devices;
\(iii\) quantum sensing; or
\(iv\) quantum communications or networking.
\(4\) Expedite.—The term “expedite” means, with respect to
a covered application, to advance that covered application
out of turn through the use of a petition to make special.
\(5\) Office.—The term “Office” means the United States
Patent and Trademark Office.
\(6\) Pilot program.—The term “pilot program” means the
pilot program established under subsection \(b\).
\(b\) Establishment.—Not later than 1 year after the date of
enactment of this Act, the Director shall establish a pilot
program to expedite the examination, under section 131 of
title 35, United States Code, of covered applications.
\(c\) Purpose.—The purpose of the pilot program shall be to
encourage innovation by, and the leadership of, the United
States with respect to critical or emerging technologies by
ensuring that covered applications receive prompt
consideration.
\(d\) Implementation.—In carrying out the pilot program, the
Director may—
\(1\) by regulation, and in addition to the requirements
under subsection \(e\), prescribe the conditions under which a
covered application shall be accepted and examined under the
pilot program, including—
\(A\) the requirements to participate in the pilot program;
\(B\) internal processing by the Office of covered
applications under the pilot program;
\(C\) requirements for restriction or unity of inventions
identified in covered applications;
\(D\) the period during which the applicant submitting the
covered application may reply with respect to an action taken
by the Office with respect to the covered application;
\(E\) standards relating to a reply described in subparagraph
\(D\);
\(F\) standards or procedures governing—
\(i\) any amendment, affidavit, or other evidence filed after
a final action taken by the Office with respect to the
covered application; and
\(ii\) any process for appeal with respect to a final action
described in clause \(i\); and
\(G\) the withdrawal, by an applicant, of a covered
application submitted under the pilot program;
\(2\) waive—
\(A\) the petition fee described in section 1.102\(d\) of title
37, Code of Federal Regulations, or any successor regulation;
or
\(B\) any other requirement of the Office relating to the
accelerated examination program or the prioritized
examination program; and
\(3\) consult with the Attorney General, the Secretary of
Defense, the Secretary of State, the Secretary of the
Treasury, the Director of National Intelligence, or the head
of any other Federal agency, as may be appropriate to carry
out the pilot program.
\(e\) Qualifying Applications.—To best achieve the purpose
of the pilot program, the Director shall ensure that a
covered application satisfies the following requirements to
qualify for the pilot program:
\(1\) The applicant submitting the covered application—
\(A\) is not a foreign entity of concern, as defined in
section 9901 of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(15 U.S.C.
4651\); and
\(B\) certifies in the covered application that the inventor
or any joint inventor with respect to any claimed invention
in the covered application has not been named as the inventor
or joint inventor with respect to more than 4 other covered
applications submitted under the pilot program.
\(2\) The covered application is a noncontinuing,
nonprovisional application for an original utility patent
filed under section 111\(a\) of title 35, United States Code,
that does not claim any domestic benefit under section 120,
121, 365\(c\), or 386\(c\) of that title.
\(f\) Termination.—
\(1\) In general.—The pilot program shall terminate on the
earlier of the following:
\(A\) The date that is 5 years after the date on which the
Director first accepts a covered application for
participation in the pilot program.
\(B\) The date on which the Director has accepted 15,000
covered applications for participation in the pilot program,
without regard to whether those covered applications have
been expedited under the pilot program.
\(2\) Renewal.—If the pilot program terminates under
paragraph \(1\)\(B\), the Director may renew the pilot program
for the shorter of the following:
\(A\) An additional 5-year period, beginning on the date on
which the pilot program terminates under paragraph \(1\)\(B\).
\(B\) An additional period—
\(i\) beginning on the date on which the pilot program
terminates under paragraph \(1\)\(B\); and
\(ii\) ending on the date on which the Director has accepted
an additional 15,000 covered applications for participation
in the pilot program, without regard to whether those covered
applications have been expedited under the pilot program.
\(3\) Notice of renewal.—The Director shall notify the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives of the intent
of the Director to renew the pilot program under paragraph
\(2\) not later than the date that is the earlier of the
following:
\(A\) The date that is 60 days before the date described in
paragraph \(1\)\(A\).
\(B\) The date that is 30 days after the date on which the
Director has accepted 12,000 covered applications for
participation in the pilot program, without regard to whether
those covered applications have been expedited under the
pilot program.
\(g\) Public Availability of Information.—The Director shall
make publicly available in an easily accessible location on
the website of the Office information about the pilot
program, including—
\(1\) the number of covered applications submitted under the
pilot program;
\(2\) the number of covered applications described in
paragraph \(1\) that the Director has accepted for
participation in the pilot program; and
\(3\) the number of patents that have been issued for
inventions claimed in covered applications expedited under
the pilot program.
\(h\) Report to Congress.—
\(1\) In general.—Not later than 180 days after the date on
which the pilot program terminates \(including any renewal of
the pilot program under subsection \(f\)\(2\)\), the Director
shall submit to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives a report that assesses the impact and
effectiveness of the pilot program based on all available
data.
\(2\) Applicability.—The collection of any data for the
purposes of carrying out paragraph \(1\) shall be exempt from
subchapter I of chapter 35 of title 44, United States Code
\(commonly referred to as the “Paperwork Reduction Act”\).
SA 6112. Mr. McCORMICK \(for himself and Ms. Cortez Masto\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. ADVOCACY FOR INCREASED EXCHANGE RATE TRANSPARENCY
FROM THE PEOPLE'S REPUBLIC OF CHINA.
\(a\) In General.—The Secretary of the Treasury shall
instruct the United States Executive Director at the
International Monetary Fund to use the voice and vote of the
United States to advocate for—
\(1\) increased transparency from the People's Republic of
China, and enhanced multilateral and bilateral surveillance
by the Fund, with respect to the exchange rate arrangements
of the People's Republic of China, including any indirect
foreign exchange market intervention through Chinese
financial institutions or state-owned enterprises;
\(2\) in connection with consultations with the People's
Republic of China under Article IV of the Articles of
Agreement of the Fund, the inclusion of any significant
divergences by the People's Republic of China from the
exchange rate policies of other issuers of currencies used in
determining the value of Special Drawing Rights;
\(3\) during governance reviews of the Fund, stronger
consideration by members and management of the Fund of the
performance of the People's Republic of China as a
responsible stakeholder in the international monetary system
when evaluating quota and voting shares at the Fund; and
\(4\) increased transparency regarding the mechanisms through
which the People's Republic of China utilizes Hong Kong's
financial system to influence exchange rate arrangements and
the value or use of Special Drawing Rights.
\(b\) Annual Reports on Implementation.—Not later than one
year after the date of the enactment of this Act, and
annually thereafter until the termination date described in
subsection \(c\), the Secretary of the Treasury shall submit to
Congress a report that—
\(1\) describes the specific actions taken by the United
States Executive Director at the International Monetary Fund
in the year preceding submission of the report to carry out
subsection \(a\); and
\(2\) describes in detail the extent of the compliance of the
People's Republic of China regarding transparency and any
significant divergences noted in consultations under Article
IV of the Articles of Agreement of the Fund.
\(c\) Sunset.—The requirement under subsection \(a\) shall
terminate on the date that is 30 days after the earlier of—
\(1\) the date on which the United States Governor of the
International Monetary Fund reports to Congress that the
People's Republic of China—
\(A\) is in substantial compliance with obligations of the
People's Republic of China under the Articles of Agreement of
the Fund regarding orderly exchange rate arrangements; and
\(B\) has undertaken exchange rate policies and practices
consistent with those of other issuers of currencies used in
determining the value of Special Drawing Rights; or
\(2\) the date that is 7 years after the date of the
enactment of this Act.
SA 6113. Mr. HUSTED \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EXCLUSION FROM DEFINITION OF PRODUCTION FACILITY.
Section 11 v. of the Atomic Energy Act of 1954 \(42 U.S.C.
2014\(v\)\) is amended, in the second sentence, by striking
“separating the isotopes of uranium or enriching uranium in
the isotope 235” and inserting “\(A\) separating isotopes of
uranium or enriching uranium in the isotope 235; or \(B\)
reprocessing spent nuclear fuel in a manner that does not
separate plutonium from other transuranic elements”.
SA 6114. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. ANALYSIS OF THREATS POSED BY FOREIGN ADVERSARY
ACCESS TO CONTROLLED ITEMS WITHIN THE UNITED
STATES.
\(a\) In General.—The Under Secretary of the Bureau of
Industry and Security of the Department of Commerce, acting
through the Executive Director of the Office of Information
and Communications Technology and Services \(OICTS\) shall, not
later than 90 days after the date of the enactment of this
Act, complete a review of the impact on United States export
control effectiveness by operations of United States-
domiciled affiliates of entities described in subsection
\(b\)\(1\)\(B\) and the national security threats posed by foreign
adversary exploitation of vulnerabilities in information and
communications technology and services \(ICTS\).
\(b\) Contents.—The review required by subsection \(a\) shall
address the following:
\(1\)\(A\) Whether United States-domiciled affiliates \(defined
as owned 50 percent or more in the aggregate, directly or
indirectly\) of the entities described in subparagraph \(B\) can
acquire items that their ultimate parent companies are
restricted from accessing due to United States export
controls.
\(B\) The entities described in this subparagraph are—
\(i\) entities identified on the Entity List; or
\(ii\) entities identified on the Military End User List.
\(2\) If the review concludes affirmatively the question
posed in paragraph \(1\), the impact on the effectiveness of
United States export controls.
\(3\) The risks to United States national security or export
control effectiveness, if any, posed by the operation of
foreign-adversary controlled ICTS.
\(4\) Whether any specific sectors of foreign-adversary
controlled ICTS pose undue risk, such as by undermining
export control effectiveness.
\(5\) What steps, if any, the Under Secretary of the Bureau
of Industry and the Executive Director of the OICTS intend to
take within the next year to address the threats found in
paragraphs \(1\) through \(4\).
\(6\) Any recommended change to United States law that would
help address any threats found from this review.
\(c\) Report.—The Under Secretary of the Bureau of Industry
and Security of the Department of Commerce, acting through
the Executive Director of the Office of Information and
Communications Technology and Services \(OICTS\) shall, not
later than 30 days after completing the review required by
subsection \(a\), provide the results of the review to
Committee on Foreign Affairs in the House of Representatives
and the Committee on Banking, House, and Urban Affairs in the
Senate.
\(d\) Definitions.—In this section—
\(1\) the term “Entity List” means the list required
pursuant to Supplement No. 4 to
part 744 of title 15, Code of Federal Regulations, or
successor regulations by the Bureau of Industry and Security
of the Department of Commerce; and
\(2\) the term “Military End User List” means the list
required pursuant to Supplement No. 7 to part 744 of title
15, Code of Federal Regulations, or successor regulations by
the Bureau of Industry and Security of the Department of
Commerce.
SA 6115. Mr. GRASSLEY \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. ANTI-RETALIATION PROTECTION FOR AI WHISTLEBLOWERS.
\(a\) Prohibition Against Retaliation.—No employer may,
directly or indirectly, discharge, demote, suspend, threaten,
blacklist, harass, or in any other manner discriminate
against a covered individual in the terms and conditions of
employment or post-employment of the covered individual \(or,
in the case of a covered individual who is not an employee,
the terms and conditions of work or post-work of the covered
individual\) because of any lawful act done by the covered
individual—
\(1\) in providing information regarding an AI violation, or
any conduct that the covered individual reasonably believes
constitutes an AI violation, to—
\(A\) the appropriate regulatory official or the Attorney
General;
\(B\) a regulatory or law enforcement agency; or
\(C\) any Member of Congress or any committee of Congress;
\(2\) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action of an
appropriate regulatory or law enforcement agency or the
Department of Justice, or any investigation of Congress,
based upon or related to the information described in
paragraph \(1\); or
\(3\) in providing information regarding an AI violation, or
any conduct that the covered individual reasonably believes
constitutes an AI violation, to—
\(A\) a person with supervisory authority over the covered
individual at the employer of the covered individual; or
\(B\) another individual working for the employer described
in subparagraph \(A\) whom the covered individual reasonably
believes has the authority to—
\(i\) investigate, discover, or terminate the misconduct; or
\(ii\) take any other action to address the misconduct.
\(b\) Enforcement.—
\(1\) In general.—A covered individual who alleges they are
aggrieved by a violation of subsection \(a\) may seek relief
under paragraph \(3\) by—
\(A\) filing a complaint with the Secretary of Labor in
accordance with the requirements of paragraph \(2\)\(A\); or
\(B\) if the Secretary of Labor has not issued a final
decision in accordance with such paragraph within 180 days of
the filing of a complaint under subparagraph \(A\), and there
is no showing that such a delay is due to the bad faith of
the covered individual, bringing an action against the
employer at law or in equity in the appropriate district
court of the United States, which shall have jurisdiction
over such an action without regard to the amount in
controversy.
\(2\) Procedure.—
\(A\) Department of labor complaints.—
\(i\) In general.—Except as provided in clauses \(ii\) and
\(iii\) and paragraph \(3\), a complaint filed with the Secretary
of Labor under paragraph \(1\)\(A\) shall be governed by the
rules and procedures set forth in section 42121\(b\) of title
49, United States Code, including the legal burdens of proof
described in such section.
\(ii\) Exceptions.—With respect to a complaint filed under
paragraph \(1\)\(A\), notification required under section
42121\(b\)\(1\) of title 49, United States Code, shall be made to
each person named in the complaint, including the employer.
\(iii\) Enforcement of orders.—In addition to any final
order issued pursuant to paragraph \(3\) of section 42121\(b\) of
title 49, United States Code, with respect to a complaint
filed by a covered individual under paragraph \(1\)\(A\), a
preliminary order issued pursuant to paragraph \(2\) of such
section by the Secretary of Labor with respect to such a
complaint may be enforced by the Secretary of Labor pursuant
to section 42121\(b\)\(5\) of such title or by the covered
individual pursuant to section 42121\(b\)\(6\) of such title.
\(B\) District court actions.—
\(i\) Jury trial.—A party to an action brought under
paragraph \(1\)\(B\) shall be entitled to trial by jury.
\(ii\) Statute of limitations.—
\(I\) In general.—An action may not be brought under
paragraph \(1\)\(B\)—
\(aa\) more than 6 years after the date on which the
violation of subsection \(a\) occurs; or
\(bb\) more than 3 years after the date on which facts
material to the right of action are known, or reasonably
should have been known, by the covered individual bringing
the action.
\(II\) Required action within 10 years.—Notwithstanding
subclause \(I\), an action under paragraph \(1\)\(B\) may not in
any circumstance be brought more than 10 years after the date
on which the violation occurs.
\(3\) Relief.—Relief for a covered individual prevailing
with respect to a complaint filed under paragraph \(1\)\(A\) or
an action under paragraph \(1\)\(B\) shall include—
\(A\) reinstatement with the same seniority status that the
covered individual would have had, but for the violation;
\(B\) 2 times the amount of back pay otherwise owed to the
covered individual, with interest;
\(C\) the payment of compensatory damages, which shall
include compensation for litigation costs, expert witness
fees, and reasonable attorneys' fees; and
\(D\) any other appropriate remedy with respect to the
violation as determined by the Secretary of Labor in a
complaint under subparagraph \(A\) of paragraph \(1\) or by the
court in an action under subparagraph \(B\) of such paragraph.
\(c\) Nonenforceability Waivers of Rights or Remedies.—The
rights and remedies provided for in this section may not be
waived or altered by any contract, agreement, policy form, or
condition of employment \(or condition of work or post-work\),
including by any agreement requiring a covered individual to
engage in arbitration, mediation, or any other alternative
dispute resolution process prior to seeking relief under
subsection \(b\).
\(d\) Rights Retained by Covered Individuals.—Nothing in
this section shall be deemed to diminish the rights,
privileges, or remedies of any covered individual under any
Federal or State law, or under any collective bargaining
agreement.
\(e\) Predispute Arbitration Agreements.—No predispute
arbitration agreement shall be valid or enforceable, if the
agreement requires arbitration of a dispute arising under
this section.
\(f\) Definitions.—In this section:
\(1\) AI violation.—The term “AI violation” means—
\(A\) any violation of Federal law, including rules and
regulations, related to or committed as part of the
development, deployment, or use of artificial intelligence or
an artificial system;
\(B\) any failure to appropriately respond to a substantial
and specific danger that the development, deployment, or use
of artificial intelligence may pose to public safety, public
health, or national security; or
\(C\) any failure or lapse in security that reasonably could
be expected to cause artificial intelligence technology to be
acquired by a person \(including a foreign entity\) by theft or
other unlawful means.
\(2\) Artificial intelligence.—The term “artificial
intelligence” includes any of the following:
\(A\) An artificial system that performs tasks under varying
and unpredictable circumstances without significant human
oversight, or that can learn from experience and improve
performance when exposed to data sets.
\(B\) An artificial system developed in computer software,
physical hardware, or other context that solves tasks
requiring human-like perception, cognition, planning,
learning, communication, or physical action.
\(C\) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
\(D\) A set of techniques, including machine learning, that
are designed to approximate a cognitive task.
\(E\) An artificial system designed to act rationally,
including an intelligent software agent or embodied robot
that achieves goals using perception, planning, reasoning,
learning, communicating, decision making, and acting.
\(F\) Any computational technique, system, or process that is
designed to approximate, automate, or augment functions of
human cognition, perception, planning, prediction, decision
making, communication, or physical action, including machine
learning, statistical inference, knowledge representation, or
algorithmic reasoning.
\(3\) Artificial system.—The term “artificial system”—
\(A\) means any data system, software, application, tool, or
utility that operates in whole or in part using dynamic or
static machine learning algorithms or other forms of
artificial intelligence, including in the case—
\(i\) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
\(ii\) artificial intelligence capability is integrated into
another system or agency business process, operational
activity, or technology system;
\(B\) means any system, tool, or application that—
\(i\) uses artificial intelligence to generate outputs
affecting digital or physical environments; and
\(ii\) operates with some capacity to generalize, adapt, or
perform tasks beyond those explicitly pre-programmed by human
designers; and
\(C\) does not include any common commercial product within
which artificial intelligence is embedded, such as a word
processor or map navigation system.
\(4\) Commerce.—The terms “commerce” and “industry or
activity affecting commerce” mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and
include “commerce” and any “industry affecting commerce”,
as defined in paragraphs \(1\) and \(3\) of section 501 of the
Labor Management Relations Act, 1947 \(29 U.S.C. 142 \(1\) and
\(3\)\).
\(5\) Covered individual.—The term “covered individual”
includes—
\(A\) an employee, including a former employee; and
\(B\) a current or former independent contractor, contractor,
subcontractor, or agent.
\(6\) Employer.—The term “employer” means any person
\(including any officer, employee, contractor, subcontractor,
agent, company, partnership, or other individual or entity\)
engaged in commerce or an industry or activity affecting
commerce who pays any compensation to a covered individual in
exchange for the covered individual providing work to the
person.
SA 6116. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . RISKY RESEARCH REVIEW ACT.
\(a\) Short Title.—This section may be cited as the “Risky
Research Review Act”.
\(b\) Life Sciences Research Security Board.—Subtitle V of
title 31, United States Code, is amended by adding at the end
the following:
“CHAPTER 79—LIFE SCIENCES RESEARCH SECURITY BOARD
- “7901. Definitions.
- “7902. Establishment and membership.
- “7903. Board personnel.
- “7904. Board mission and functions.
- “7905. Agency procedures; referral to Board.
- “7906. Board review.
- “7907. GAO Audits.
- “7908. Funding.
“Sec. 7901. Definitions
“In this chapter:
“\(1\) Agency.—The term \`agency' has the meaning given the
term in section 552\(f\) of title 5.
“\(2\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Energy and Commerce of the House of
Representatives.
“\(3\) Board.—The term \`Board' means the Life Sciences
Research Security Board established under section 7902\(a\).
“\(4\) Dual use research of concern.—The term \`dual use
research of concern'—
“\(A\) means life sciences research that, based on current
understanding, can be reasonably anticipated to provide
knowledge, information, products, or technologies that
could—
“\(i\) be misapplied to do harm with no modification or only
a minor modification; and
“\(ii\) pose a significant threat with potential
consequences to public health and safety, agricultural crops
and other plants, animals, materiel, or national security;
and
“\(B\) includes—
“\(i\) life sciences research that could—
“\(I\) increase transmissibility of a pathogen within or
between host species;
“\(II\) increase the virulence of a pathogen or convey
virulence to a non-pathogen;
“\(III\) increase the toxicity of a known toxin or produce a
novel toxin;
“\(IV\) increase—
“\(aa\) the stability of a pathogen or toxin in the
environment; or
“\(bb\) the ability to disseminate a pathogen or toxin;
“\(V\) alter the host range or tropism of a pathogen or
toxin;
“\(VI\) decrease the ability for a human or veterinary
pathogen or toxin to be detected using standard diagnostic or
analytical methods;
“\(VII\) increase resistance of a pathogen or toxin to
clinical or veterinary prophylactic or therapeutic
interventions;
“\(VIII\) alter a human or veterinary pathogen or toxin to
disrupt the effectiveness of pre-existing immunity, via
immunization or natural infection, against the pathogen or
toxin;
“\(IX\) enhance the susceptibility of a host population to a
pathogen or toxin;
“\(X\) enhance transmissibility of a pathogen in humans;
“\(XI\) enhance the virulence of a pathogen in humans;
“\(XII\) enhance the immune evasion of a pathogen in humans,
such as by modifying the pathogen to disrupt the
effectiveness of pre-existing immunity via immunization or
natural infection; or
“\(XIII\) generate, use, reconstitute, or transfer an
eradicated or extinct high-consequence pathogen; and
“\(ii\) any other category of life sciences research that
the Board, by majority vote of the members of the Board,
identifies and publishes in the Federal Register.
“\(5\) Employee.—The term \`employee' means an individual
described in section 2105\(a\) of title 5.
“\(6\) Federal funding.—The term \`Federal funding' means
amounts awarded by an agency pursuant to an intramural or
extramural grant, cooperative agreement, interagency
agreement, contract, or other instrument.
“\(7\) Gain of function research.—The term \`gain of
function research' means a research experiment that may
enhance the transmissibility or virulence of a high-
consequence pathogen.
“\(8\) High-consequence pathogen.—The term \`high-
consequence pathogen'—
“\(A\) means a wild-type or synthetic pathogen that—
“\(i\)\(I\) is likely capable of wide and uncontrollable
spread in human populations; and
“\(II\) would likely cause moderate to severe disease or
mortality in humans; or
“\(ii\) is—
“\(I\) subject to subparagraph \(B\), influenza A virus;
“\(II\) classified under subgenus Sarbecovirus;
“\(III\) classified under subgenus Merbecovirus;
“\(IV\) Variola orthopoxvirus;
“\(V\) Mpox orthopoxvirus;
“\(VI\) Nipah henipavirus;
“\(VII\) Hendra henipavirus;
“\(VIII\) Ebola orthoebolavirus;
“\(IX\) Marburg marburgvirus;
“\(X\) Lassa mammarenavirus;
“\(XI\) Junin arenavirus;
“\(XII\) Crimean-Congo hemorrhagic fever orthonairovirus;
“\(XIII\) Hantaan orthohantavirus;
“\(XIV\) Sin Nombre orthohantavirus;
“\(XV\) Yersinia pestis;
“\(XVI\) a select agent or toxin, work with which poses a
significant risk of deliberate misuse;
“\(XVII\) any other pathogen or category of pathogen that a
majority of members of the Board—
“\(aa\) identifies as a high-consequence pathogen; and
“\(bb\) publishes in the Federal Register; or
“\(XVIII\) any synthetic construct of a pathogen or category
of pathogen described in this clause; and
“\(B\) does not include a seasonal influenza virus, unless a
seasonal influenza virus has been manipulated to include
genetic sequences from a pathogen described in subparagraph
\(A\).
“\(9\) High-risk life sciences research.—The term \`high-
risk life sciences research' means life sciences research
that is—
“\(A\) dual use research of concern involving a high-
consequence pathogen; or
“\(B\) gain of function research.
“\(10\) Life sciences research.—The term \`life sciences
research'—
“\(A\) means the study or use of a living organism, a virus,
or a product of a living organism or virus; and
“\(B\) includes each discipline, methodology, and
application of biology, including biotechnology, genomics,
proteomics, bioinformatics, and pharmaceutical and biomedical
research and techniques.
“\(11\) Select agent or toxin.—The term \`select agent or
toxin' means a select agent or toxin identified under—
“\(A\) section 73.3\(b\) of title 42, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act;
“\(B\) section 331.3\(b\) of title 7, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act; or
“\(C\) section 121.3\(b\) of title 9, Code of Federal
Regulations, as in effect on the date of enactment of the
Risky Research Review Act.
“Sec. 7902. Establishment and membership
“\(a\) Establishment.—There is established as an
independent agency within the Executive Branch a board to be
known as the \`Life Sciences Research Security Board' to
review proposed Federal funding for life sciences research in
accordance with section 7906.
“\(b\) Appointment of Members.—
“\(1\) In general.—The President shall appoint, without
regard to political affiliation, 9 individuals who are
citizens of the United States to serve as members of the
Board for not more than 2 terms of 4 years each, including—
“\(A\) the Executive Director appointed under section
7903\(a\);
“\(B\) 5 nongovernmental scientists in a life sciences
field;
“\(C\) 2 nongovernmental national security experts; and
“\(D\) 1 nongovernmental biosafety expert.
“\(2\) Period for nominations.—The President shall make
appointments, other than the Executive Director, to the Board
not later than 30 days after the date of enactment of this
chapter.
“\(3\) Considerations of recommendations.—The President
shall make appointments to the Board after considering
individuals recommended by the chair and ranking member of
the appropriate congressional committees.
“\(4\) Qualifications.—Individuals appointed to the Board—
“\(A\) shall—
“\(i\) be impartial individuals; and
“\(ii\) be distinguished individuals of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to conduct an impartial assessment of the potential
risks and benefits associated with Federal funding of high-
risk life sciences research to public health and national
security; and
“\(B\) may not be an employee on the date of the appointment
or during the 3-year period preceding the date of the
appointment.
“\(5\) Limitations.—Not more than 4 concurrent members of
the Board may be an employee, a subcontractor, a previous
employee, or a previous subcontractor of—
“\(A\) the Department of Defense;
“\(B\) the Department of Homeland Security;
“\(C\) the National Institute of Allergy and Infectious
Diseases of the Department of Health and Human Services;
“\(D\) the Office of the Director of National Intelligence;
or
“\(E\) the Department of Energy.
“\(6\) Consideration by the senate.—
“\(A\) In general.—Nominations for appointment to the
Executive Director of the Board shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
“\(B\) Renomination.—A member of the Board who is
recommended to serve a second term shall be nominated for
appointment to the Board, and such nomination shall be
referred pursuant to subparagraph \(A\).
“\(7\) Vacancy.—Not later than 30 days after the date on
which a vacancy on the Board occurs, the vacancy shall be
filled in the same manner as specified for the original
appointment.
“\(8\) Removal.—
“\(A\) In general.—No member of the Board shall be removed
from office, other than by—
“\(i\) impeachment and conviction;
“\(ii\) the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties; or
“\(iii\) the Board in accordance with subparagraph \(B\).
“\(B\) Action by board.—If the Director of the Office of
Government Ethics determines that participation by a member
of the Board in high-risk life sciences research constitutes
a conflict of interest, the Board shall take steps to
mitigate or manage the conflict, which may include removal.
“\(C\) Notice of removal by president.—
“\(i\) In general.—In the case of the removal of a member
of the Board by the President as described in subparagraph
\(A\)\(ii\), not later than 10 days after the removal, the
President shall submit to the chair and ranking member of the
appropriate congressional committees a report specifying the
facts found and the grounds for removal.
“\(ii\) Publication of report.—The President shall publish
in the Federal Register each report submitted under clause
\(i\), except that the President may, if necessary to protect
the rights of a person named in the report or to prevent
undue interference with any pending prosecution, postpone or
refrain from publicly publishing any or all of the report
until the completion of such pending cases or pursuant to
privacy protection requirements in law.
“\(c\) Mandatory Conflicts of Interest Review.—
“\(1\) In general.—The Board, in consultation with the
Director of the Office of Government Ethics, shall—
“\(A\) not later than 180 days after the date of the
enactment of this chapter—
“\(i\) establish criteria to determine whether there is a
conflict of interest with respect to any individual appointed
to the Board, taking into consideration requirements under
Federal law relating to ethics requirements for employees;
and
“\(ii\) upon an appointment of a member to the Board under
subsection \(a\)\(1\) thereafter, conduct a review of each
individual nominated and appointed to the Board to ensure the
individual does not have any conflict of interest under the
criteria established pursuant to clause \(i\); and
“\(B\) periodically thereafter, conduct a review of each
individual nominated and appointed to the Board to ensure the
individual does not have any conflict of interest under the
criteria established pursuant to subparagraph \(A\)\(i\) during
the term of service of the individual.
“\(2\) Notification.—
“\(A\) In general.—Not later than 3 days after the date on
which the Director of the Office of Government Ethics becomes
aware that a member of the Board possesses a potential
conflict of interest under the criteria established pursuant
to paragraph \(1\)\(A\)\(i\), the Director of the Office of
Government Ethics shall notify the chair and ranking member
of the appropriate congressional committees of the potential
conflict of interest.
“\(B\) Notification by member.—Not later than 30 days after
the date on which a member of the Board becomes aware that
another member of the Board possesses a potential conflict of
interest under the criteria established pursuant to paragraph
\(1\)\(A\)\(i\), the member of the Board or the Executive Director
of the Board shall notify the chair and ranking member of the
appropriate congressional committees of the potential
conflict of interest.
“\(d\) Security Clearances.—All members of the Board shall
be granted all the necessary security clearances and
accesses, including to relevant Presidential and department
or agency special access and compartmented access programs,
in an accelerated manner, subject to the standard procedures
for granting such clearances. All nominees for appointment to
the Board shall qualify for the necessary security clearances
and accesses prior to being considered for confirmation by
the Committee on Homeland Security and Governmental Affairs
of the Senate.
“\(e\) Participation in High-Risk Life Sciences Research.—
“\(1\) Disclosure required.—A member of the Board shall
disclose whether the member has participated in or is
currently participating in high-risk life sciences research.
“\(2\) Conflicts of interest.—
“\(A\) In general.—The participation in high-risk life
sciences research by a member of the Board—
“\(i\) shall be considered a potential conflict of interest;
and
“\(ii\) shall be subject to scrutiny by the Director of the
Office of Government Ethics.
“\(B\) Determination.—If the Director of the Office of
Government Ethics determines that participation by a member
of the Board in high-risk life sciences research constitutes
a conflict of interest, the Board shall take steps to
mitigate or manage the conflict, which may include—
“\(i\) the recusal of the affected member from relevant
discussions and determinations; and
“\(ii\) removal of the affected member from the Board.
“\(f\) Compensation of Members.—
“\(1\) In general.—Subject to such rules as may be adopted
by the Board, without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5 relating to
classification and General Schedule pay rates, a member of
the Board, other than the Executive Director, shall be
compensated at a rate—
“\(A\) proposed by the Executive Director and approved by
the Board;
“\(B\) not to exceed the rate of basic pay for level II of
the Executive Schedule; and
“\(C\) that is commensurate with—
“\(i\) the time a member of the Board spends engaged in the
performance of duties on the Board; and
“\(ii\) necessary traveling expenses.
“\(2\) Outside employment.—Subject to terms and approval
determined by the Director of the Office of Government
Ethics, a member of the Board may maintain outside employment
and affiliations while serving on the Board.
“\(g\) Oversight.—
“\(1\) Senate.—The Committee on Homeland Security and
Governmental Affairs of the Senate shall—
“\(A\) have continuing legislative oversight jurisdiction in
the Senate with respect to the official conduct of the Board
and agency compliance with requirements issued by the Board;
and
“\(B\) have access to any records provided to or created by
the Board.
“\(2\) House of representatives.—The Committee on Energy
and Commerce of the House of Representatives shall—
“\(A\) have continuing legislative oversight jurisdiction in
the House of Representatives with respect to the official
conduct of the Board and agency compliance with requirements
issued by the Board; and
“\(B\) have access to any records provided to or created by
the Board.
“\(3\) Duty to cooperate.—The Board shall have the duty to
cooperate with the exercise of oversight jurisdiction
described in this subsection.
“\(4\) Security clearances.—The chair and ranking member of
the appropriate congressional committees, and designated
committee staff, shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
“\(h\) Office Space.—
“\(1\) In general.—In selecting office space for the Board,
the Board shall exhaust options for unused office spaces
owned by the Federal Government as of the date of enactment
of this chapter.
“\(2\) Secure office space.—
“\(A\) Requests.—In order to review or discuss classified
information, the Board shall request an accommodation from
relevant agencies to access sensitive compartmented
information facilities on an as-needed basis.
“\(B\) Fulfilment.—The head of an agency from which the
Board requests an accommodation under subparagraph \(A\) shall
accommodate the request in a timely manner.
“Sec. 7903. Board personnel
“\(a\) Executive Director.—
“\(1\) Appointment.—Not later than 45 days after the date
of enactment of this chapter, the President shall appoint, by
and with the advice and consent of the Senate, 1 individual
who is a citizen of the United States, without regard to
political affiliation, to the position of Executive Director
of the Board for a term of 4 years.
“\(2\) Qualifications.—The individual appointed as
Executive Director under paragraph \(1\) shall be a private
individual of integrity and impartiality who—
“\(A\) is a distinguished scientist in a life sciences
field; and
“\(B\) is not, and has not been for the 3-year period
preceding the date of the appointment—
“\(i\) an employee; or
“\(ii\) a participant in high-risk life sciences research
supported by Federal funding.
“\(3\) Security clearances.—
“\(A\) In general.—A candidate for Executive Director of
the Board shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs in an accelerated manner,
subject to the standard procedures for granting such
clearances.
“\(B\) Qualification prior to appointment.—The President
shall ensure that a candidate for Executive Director of the
Board qualifies for the security clearances and accesses
described in subparagraph \(A\) prior to appointment.
“\(4\) Functions.—The Executive Director of the Board
shall—
“\(A\) serve as principal liaison to Congress and agencies;
“\(B\) serve as chair of the Board;
“\(C\) be responsible for the administration and
coordination of the responsibilities of the Board; and
“\(D\) be responsible for the administration of all official
activities conducted by the Board.
“\(5\) Removal.—Notwithstanding section 7902\(b\)\(8\), the
Executive Director shall not be removed for reasons other
than for cause on the grounds of inefficiency, neglect of
duty, malfeasance in office, physical disability, mental
incapacity, or any other condition that substantially impairs
the performance of the responsibilities of the Executive
Director or the staff of the Board.
“\(6\) Terms.—An Executive Director of the Board shall not
serve more than 2 terms.
“\(b\) Staff.—
“\(1\) In general.—Without regard to the provisions of
subchapter I of chapter 33 of title 5 governing appointments
in the competitive service, the Board may appoint not more
than 25 additional personnel to enable the Board and the
Executive Director to perform the duties of the Board.
“\(2\) Qualifications.—Each individual appointed to the
staff of the Board—
“\(A\) shall be a citizen of the United States of integrity
and impartiality;
“\(B\) shall have expertise in the life sciences field or
the national security field; and
“\(C\) may not be a participant in any federally funded
research activity on the date of the appointment or during
the course of service of the individual on the Board.
“\(3\) Security clearances.—
“\(A\) In general.—A candidate for appointment to the staff
of the Board shall be granted all security clearances and
accesses held by the Board, including to relevant
Presidential and department or agency special access and
compartmented access programs, in an accelerated manner,
subject to the standard procedures for granting such
clearances.
“\(B\) Conditional employment.—
“\(i\) In general.—The Board may offer conditional
employment to a candidate for a staff position of the Board
pending the completion of security clearance background
investigations. During the pendency of such investigations,
the Board shall ensure that any such employee does not have
access to, or responsibility involving, classified or
otherwise restricted materials.
“\(ii\) Unqualified staff.—If the Board determines that an
individual hired on a conditional basis under clause \(i\) is
not eligible or otherwise does not qualify for all security
clearances necessary to carry out the responsibilities of the
position for which conditional employment has been offered,
the Board shall immediately terminate the individual's
employment.
“\(4\) Support from agencies.—
“\(A\) In general.—The head of each agency shall designate
not less than 1 full-time employee of the agency as the
representative of the agency to—
“\(i\) provide technical assistance to the Board; and
“\(ii\) support the review process of the Board with respect
to the agency under section 7906 in a non-voting staff
capacity.
“\(B\) Prohibition.—A representative of an agency
designated under subparagraph \(A\) and any employee of an
agency may not directly or indirectly influence in any
capacity a determination by the Board under section 7906 with
respect to life sciences research funded by the agency.
“\(c\) Compensation.—Subject to such rules as may be
adopted by the Board, without regard to the provisions of
title 5 governing appointments in the competitive service and
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of that title relating to classification
and General Schedule pay rates, the Executive Director of the
Board shall—
“\(1\) be compensated at a rate not to exceed the rate of
basic pay for level II of the Executive Schedule;
“\(2\) serve the entire tenure as Executive Director as 1
full-time employee; and
“\(3\) appoint and fix the compensation of such other
personnel as may be necessary to carry out this chapter.
“Sec. 7904. Board mission and functions
“\(a\) Mission.—The mission of the Board shall be to issue
an independent determination as to whether an agency may
award Federal funding for proposed high-risk life sciences
research, which shall be binding upon the agency.
“\(b\) Powers.—The Board shall have the authority to act in
a manner to carry out the mission described in subsection
\(a\), including authority to—
“\(1\) prescribe regulations to carry out the
responsibilities of the Board;
“\(2\) establish a process for the review of Federal funding
for high-risk life sciences research prior to the award of
the Federal funding, which shall be binding upon an agency,
including information designated as classified or otherwise
protected from disclosure;
“\(3\) direct an agency to make available to the Board
additional information and records, including information
designated as classified or otherwise protected from
disclosure, that the Board determines are required to fulfill
the functions and responsibilities Board under this chapter;
“\(4\) review any classified research conducted or funded by
any agency to determine whether the research would be
considered high-risk life sciences research; and
“\(5\) through the promulgation of regulations, establish
processes, policies, and procedures of the Board for
rendering decisions under this chapter.
“\(c\) Initial Requirements.—The Board shall—
“\(1\) not later than 180 days after the date of appointment
of the initial members of the Board under section 7902,
publish procedures in the Federal Register establishing the
process for the review by the Board under section 7906;
“\(2\) prior to the establishment of the procedures under
paragraph \(1\), consult with the appropriate congressional
committees and heads of agencies for purposes of developing
such procedures; and
“\(3\) not later than 270 days after the date of the
enactment of this chapter, begin carrying out the duties
described in section 7906.
“\(d\) Responsiveness to Congress.—Notwithstanding any
other provision of law, not later than 30 days after the date
on which the Board receives a request for information from a
Member of Congress, the Board shall respond to the request.
“\(e\) Congressional Briefings.—Not less frequently than
quarterly, the Board shall brief the appropriate
congressional committees on the work of the Board.
“\(f\) Select Agent or Toxin Updates.—
“\(1\) In general.—Not later than 15 days after the date on
which the Board receives a notification that a select agent
or toxin has been added to a list of agent or toxins under a
regulation described in paragraph \(2\), the Board shall—
“\(A\) review the select agent or toxin;
“\(B\) by majority vote of members of the Board, determine
whether the select agent or toxin should be added into the
definition of \`select agent or toxin' under section 7901; and
“\(C\) publish any addition determined under subparagraph
\(B\) in the Federal Register.
“\(2\) Regulations described.—A regulation described in
this paragraph is—
“\(A\) section 73.3\(b\) of title 42, Code of Federal
Regulations, or any successor regulation;
“\(B\) section 331.3\(b\) of title 7, Code of Federal
Regulations, or any successor regulation; and
“\(C\) section 121.3\(b\) of title 9, Code of Federal
Regulations, or any successor regulation.
“\(g\) Final Determination Authority.—In any dispute with
an agency or entity relating to the classification of life
sciences research under this chapter, the Board shall retain
final and ultimate authority in—
“\(1\) determining whether the life sciences research is
high-risk life sciences research, dual use research of
concern involving a high-consequence pathogen or gain of
function research;
“\(2\) interpreting definitions in section 7901; and
“\(3\) determining whether a proposed Federal award for life
sciences research is subject to the review process of the
Board under section 7906\(a\)\(1\).
“Sec. 7905. Agency procedures; referral to Board
“\(a\) In General.—
“\(1\) Prohibition.—The head of an agency may not award
Federal funding for—
“\(A\) high-risk life sciences research without approval by
the Board under section 7906\(a\)\(1\)\(B\); or
“\(B\) life sciences research if the Board, in accordance
with section 7906\(a\)\(2\)\(A\)\(ii\), submits notification to the
agency under section 7906\(a\)\(2\)\(B\)\(i\) that Board is reviewing
the Federal funding for life sciences research under section
7906\(a\) until the date on which the Board makes a final
determination with respect to the proposed Federal funding.
“\(2\) Effective date.—Paragraph \(1\) shall take effect on
the date that is 180 days after the date of enactment of this
chapter.
“\(b\) High-Risk Attestation; Select Agent or Toxin
Disclosure; Certification.—
“\(1\) In general.—An entity seeking Federal funding from
an agency for life sciences research shall, under the penalty
of perjury—
“\(A\) attest whether—
“\(i\) the life sciences research will constitute high-risk
life sciences research; and
“\(ii\) the entity is performing active research with a
select agent or toxin; and
“\(B\) if the entity makes a positive attestation under
subparagraph \(A\), disclose the source of funding for all
active research.
“\(2\) Active research with select agents or toxins.—
“\(A\) In general.—The head of an agency that receives a
disclosure from an entity
under paragraph \(1\)\(B\) shall submit to the Board the
disclosure.
“\(B\) Board inquiries.—The Board may contact an entity
that submits a disclosure under paragraph \(1\)\(B\) to request
additional information relating to the disclosure.
“\(3\) Agency certification.—
“\(A\) Positive attestations.—The head of an agency making
an award of Federal funding to an entity that makes a
positive attestation under paragraph \(1\)\(A\)\(i\) shall—
“\(i\) submit to the Board the high-risk life sciences
proposal; and
“\(ii\) using the process established by the head of the
agency under paragraph \(4\), certify the validity of the
attestation.
“\(B\) Negative attestations.—The head of an agency making
an award of Federal funding to an entity that makes a
negative attestation under paragraph \(1\)\(A\)\(i\) shall—
“\(i\) review the attestation; and
“\(ii\) using the process established by the head of the
agency under paragraph \(4\), certify the validity of the
attestation.
“\(4\) Process for review.—The head of each agency that
awards Federal funding for life sciences research, in
consultation with the Board, shall establish and implement a
process for identifying proposals from entities seeking
Federal funding for life sciences research from the agency
that will constitute high-risk life sciences research.
“\(5\) Maintenance of records.—The head of each agency
shall—
“\(A\) maintain records of the certification process
described in paragraph \(3\) for each application for Federal
funding in accordance with chapter 31 of title 44; and
“\(B\) make the records maintained under subparagraph \(A\)
available for audit and review upon request by the Board.
“\(c\) Notification.—
“\(1\) In general.—Not later than 30 days before the date
on which the head of an agency plans to award Federal funding
to an entity for life sciences research, the head of the
agency shall submit to the Board a notification of the
proposed Federal funding.
“\(2\) Contents.—The notification of Federal funding for
life sciences research required under paragraph \(1\) shall
include the attestation and certification required under
subsection \(b\).
“\(3\) Board requests.—
“\(A\) In general.—The Board may request additional
information from the head of an agency relating to a
notification submitted under paragraph \(1\).
“\(B\) Provision of information.—The head of an agency from
which the Board request additional information under
subparagraph \(A\) shall provide the information in a timely
manner.
“\(d\) Agency Procedures.—Not later than 180 days after the
date on which the Board publishes the process of the Board in
the Federal Register pursuant to section 7904\(c\), the head of
each agency shall publish on the website of the agency
prepayment and preaward procedures of the agency with respect
to Federal funding for life sciences research to—
“\(1\) guarantee that—
“\(A\) all high-risk life science research proposals are
referred to the Board before the award of Federal funding by
the agency;
“\(B\) no Federal funding for high-risk life sciences
research is awarded by the agency without approval by the
Board; and
“\(C\) not later than 30 days before the date on which the
head of the agency plans to award the Federal funding, the
agency notifies the Board of the proposal for Federal
funding; and
“\(2\) otherwise ensure compliance with this chapter.
“\(e\) Provision of Additional Information.—Upon request by
the Board, the head of an agency shall provide any
information relating to Federal funding awards for life
sciences research determined necessary by the Board to
provide oversight of the agency.
“\(f\) Change in Circumstances During Research.—If, during
the course of life sciences research in progress performed by
an entity supported by Federal funding from an agency,
circumstances arise such that the life sciences research in
progress may constitute high-risk life sciences research in
contravention to the attestation of the entity under
subsection \(b\)\(1\)\(A\)\(i\)—
“\(1\) the entity shall—
“\(A\) not later than 24 hours after the identification of
the change in circumstance, pause the life sciences research
in progress; and
“\(B\) not later than 5 days after the date of the
identification of the change in circumstance, submit to the
head of the agency a written notification through an
electronic or nonelectronic communication method that—
“\(i\) notifies the head of the agency of the possibility
that the life sciences research in progress may constitute
high-risk life sciences research; and
“\(ii\) includes a detailed description of each change in
circumstance that may transform the life sciences research in
progress into high-risk life sciences research; and
“\(2\) the head of the agency shall—
“\(A\) using the process of the agency established under
subsection \(b\)\(4\), determine whether the life sciences
research in progress constitutes high-risk life sciences
research;
“\(B\) if the head of the agency makes a negative
determination under subparagraph \(A\), inform the entity that
the entity may resume the life sciences research in progress;
and
“\(C\) if the head of the agency makes a positive
determination under subparagraph \(A\), immediately submit to
the Board a notification of the Federal funding of high-risk
life sciences research in progress for review under section
7906\(a\)\(1\).
“\(g\) Enforcement.—
“\(1\) Applicant requirements.—If an entity seeking or
receiving Federal funding from an agency knowingly fails to
make a true attestation under subsection \(b\)\(1\) or promptly
notify the agency of a change in circumstance in accordance
with subsection \(f\)\(1\), the head of the agency shall refer
the entity to the appropriate entity for suspension and
debarment proceedings relating to the receipt of Federal
funding.
“\(2\) Referral to inspector general.—The Board shall refer
any employee of an agency responsible for overseeing and
reviewing research proposals relating to Federal funding that
knowingly fails to comply with subsection \(b\)\(3\) to the
inspector general of the agency.
“\(3\) Employee discipline.—
“\(A\) In general.—The head of an agency employing an
employee who knowingly violates any provision of subsection
\(b\)\(3\) \(or, in the case of the head of an agency who violates
any provision of subsection \(b\)\(3\), the President\) shall
impose on that employee—
“\(i\) disciplinary action in accordance with chapter 75 of
title 5 or an equivalent procedure of the agency; and
“\(ii\) permanent revocation of any applicable security
clearance held by the employee.
“\(B\) Contractor penalty.—In the case of contractor
working under a contract with an agency who knowingly
violates subsection \(b\)\(1\), the head of the agency shall
refer the contractor to the appropriate entity for suspension
and debarment proceedings relating to the receipt of Federal
funding.
“\(C\) Employee discipline reports.—
“\(i\) In general.—Not later than 360 days after the date
of enactment of this Act, and not less frequently than once
every 90 days thereafter, the head of each agency shall
submit to the Board and the appropriate congressional
committees a report that discloses, for the period covered by
the report, each violation by an employee of the agency of
subsection \(b\)\(3\).
“\(ii\) Contents.—Each report submitted under clause \(i\)
shall include, with respect to a violation described in that
clause—
“\(I\) the name and professional title of each employee
engaged in the violation;
“\(II\) a detailed explanation of the nature of the
violation; and
“\(III\) the date of the violation.
“\(iii\) Publication.—Not later than 5 days after the date
on which the Board receives a report under clause \(i\), the
Board shall publish on a publicly accessible and searchable
website the amount of violations that have been committed
under clause \(i\).
“\(h\) Subaward and Subcontractor Disclosure.—
“\(1\) In general.—During the course of high-risk life
sciences research in progress performed by an entity
supported by Federal funding from an agency, the entity
shall—
“\(A\) continuously disclose to the head of the agency any
subcontracts or subawards made or planned to be made with the
Federal funding; and
“\(B\) obtain consent from the head of the agency before
awarding a subcontract or award described in subparagraph
\(A\).
“\(2\) Agency submission.—Not later than 30 days after the
date on which the head of an agency receives a disclosure
under paragraph \(1\), the head of the agency shall submit to
the Board the disclosure.
“\(3\) Board inquiries.—
“\(A\) In general.—The Board may contact an entity that
submits a disclosure under paragraph \(1\) to request
additional information relating to the disclosure.
“\(B\) Access to reports.—During the course of high-risk
life sciences research in progress performed by an entity
supported by Federal funding from an agency, upon request,
the Board shall have access to every annual report of—
“\(i\) the agency;
“\(ii\) the entity performing the high-risk life sciences
research; and
“\(iii\) any subcontractor or subawardee of an entity
described in clause \(ii\).
“Sec. 7906. Board review
“\(a\) In General.—
“\(1\) High-risk life sciences research.—Not later than 120
days after the date on which the Board receives a
notification from an agency under section 7905\(c\) relating to
proposed Federal funding for life sciences research that
constitutes high-risk life sciences research or the Board
receives a notification from an agency under section
7905\(f\)\(2\)\(C\) relating to Federal funding of research in
progress that constitutes high-risk life sciences research,
the Board shall—
“\(A\) review the proposed Federal funding or high-risk life
sciences research in progress;
“\(B\) by a majority vote, determine whether the agency may
award the proposed Federal funding or continue to award the
Federal funding for the high-risk life sciences research in
progress; and
“\(C\) by a majority vote, determine with respect to the
high-risk life sciences research funded by the proposed
Federal funding or Federal funding for high-risk life
sciences research in progress—
“\(i\) the minimum required biosafety containment level,
engineering controls, and operational controls;
“\(ii\) the minimum required biosecurity engineering
controls and operational controls; and
“\(iii\) the minimum required personnel assurance controls.
“\(2\) Proposed life sciences research.—
“\(A\) In general.—With respect to proposed Federal funding
by an agency for life sciences research, the Board may—
“\(i\) review the proposed Federal funding; and
“\(ii\) determine whether the Board should review the
proposed Federal funding in accordance with paragraph \(1\).
“\(B\) Notification.—If the Board makes a positive
determination under subparagraph \(A\)\(ii\) with respect to
proposed Federal funding by an agency—
“\(i\) the Board shall notify the head of the agency; and
“\(ii\) the head of the agency may not award the proposed
Federal funding until the date on which the Board makes a
final determination with respect to the proposed Federal
funding under paragraph \(1\).
“\(3\) Past funding.—With respect to life sciences research
performed with Federal funding awarded by an agency before
the date of enactment of this chapter, the Board may review
and audit the research in order to assess the compliance of
the agency with the provisions of this chapter.
“\(4\) Ongoing funding for life sciences research.—With
respect to Federal funding for life sciences research in
progress awarded by an agency before the date of enactment of
this Act that the Board determines may constitute high-risk
life sciences research, the Board may—
“\(A\) direct the agency to temporarily suspend the Federal
funding;
“\(B\) require the agency to provide complete information on
the Federal funding in order for the Board to complete a
review of the life sciences research under paragraph \(1\); and
“\(C\) by a majority vote of members of the Board, determine
whether the agency may continue the Federal funding.
“\(b\) Considerations.—
“\(1\) In general.—In making a determination under
subsection \(a\)\(1\)\(B\), the Board shall consider, with respect
to the high-risk life sciences research that will be
conducted with the proposed Federal funding or high-risk life
sciences research in progress—
“\(A\) whether the research poses a threat to public health;
“\(B\) whether the research poses a threat to public safety;
“\(C\) whether the research has a high probability of
producing benefits for public health;
“\(D\) whether the research poses a threat to large
populations of animals and plants;
“\(E\) whether the research poses a threat to national
security;
“\(F\) whether the research is proposed to be conducted in
whole or at least in part in a foreign country;
“\(G\) the reasonably anticipated material risks of the
research;
“\(H\) the reasonably anticipated information risks of the
research;
“\(I\) the reasonably anticipated benefits of the research;
“\(J\) whether the reasonably anticipated benefits of the
research outweigh the reasonably anticipated risks; and
“\(K\) whether the benefits of the research could be
obtained through procedures posing lower risks.
“\(2\) Weight of factors.—The presence or absence of any
factor under paragraph \(1\) shall not be decisive with respect
to the determination of the Board under subsection \(a\)\(1\)\(B\).
“\(c\) Notice Following Review and Determination.—
“\(1\) Agency notification.—Not later than 5 days after the
date on which the Board makes a determination under
subsection \(a\)\(1\)\(B\) with respect to Federal funding by an
agency, the Executive Director of the Board shall notify the
head of the agency of the determination.
“\(2\) Board consultation.—
“\(A\) In general.—Not later than 10 days after receiving a
notification from the Board under paragraph \(1\), the head of
an agency may request a meeting with the Board to discuss the
determination of the Board.
“\(B\) Board response.—The Board shall schedule a meeting
requested by the head of an agency under subparagraph \(A\) in
a timely manner.
“\(3\) Notification to appropriate congressional
committees.—If the Board determines that the head of an
agency may not proceed with an award of proposed Federal
funding under this section, the Executive Director of the
Board shall notify the appropriate congressional committees
when the Board notifies the head of the agency.
“\(d\) Request for Expedited Review.—
“\(1\) Definition.—In this subsection, the term \`emergency
research' means high-risk life sciences research submitted to
the Board that relates to a public health emergency or
addresses a specific national security concern.
“\(2\) Request; notification.—The head of an agency seeking
expedited review from the Board to award Federal funding for
emergency research shall—
“\(A\) include a request for expedited review in the
notification required under section 7905\(c\); and
“\(B\) on the date of the notification described in
subparagraph \(A\), submit to the Board and the appropriate
congressional committees a notification that explains why the
specific public health emergency or national security concern
necessitates expedited review under this subsection.
“\(3\) Internal process.—The Board shall establish an
internal process under which the Board will give proposed
emergency research expedited review under this section.
“\(4\) Temporary emergency research.—If the Board does not
notify the head of an agency with a determination under
subsection \(a\)\(1\)\(B\) with respect to proposed emergency
research by the 15 days after the date on which the head of
the agency submits a request under paragraph \(2\)\(A\), the head
of the agency may award Federal funding for the emergency
research on a temporary basis.
“\(e\) Scientific Expert Panels.—
“\(1\) In general.—The Board may establish a scientific
panel of nongovernmental experts to advise the Board in the
review by the Board of life sciences research pursuant to
this chapter.
“\(2\) Policies and procedures.—The Board shall establish
and publish in the Federal Register procedures and policies
relating to conflicts of interest, recusal, expertise, and
related matters before the establishment of the panel
described in paragraph \(1\).
“\(3\) Prohibition.—An individual serving on the panel
established under paragraph \(1\) may not advise the Board on
any matter with respect to which the individuals has an
identified or perceived conflict of interest.
“\(4\) Report.—
“\(A\) In general.—Not later than 30 days after the date on
which the Board establishes a panel established under
paragraph \(1\), the Board shall submit to the appropriate
congressional committees a report that includes the names,
qualifications, and any identified or perceived conflicts of
interest of individuals who serve on the panel.
“\(B\) Panel changes.—Upon a change of personnel on the
panel established under paragraph \(1\), the Board shall
immediately submit to the appropriate congressional
committees an update to the report required under
subparagraph \(A\).
“\(f\) Report.—
“\(1\) In general.—Not later than 360 days after the date
on which the Board establishes the panel described in
subsection \(e\)\(1\), and annually thereafter, the Board shall
submit to the appropriate congressional committees a report,
which shall include a classified annex, summarizing, with
respect to each determination by the Board under this section
relating to high-risk life sciences research—
“\(A\) the findings of the Board;
“\(B\) the determination of the Board;
“\(C\) the name and location of the entity proposing the
life sciences research;
“\(D\) the name and location of any recipient of a subaward
or subcontractor of an entity proposing life sciences
research and the nature of the participation of such a
recipient or subcontractor; and
“\(E\) an account of significant challenges or problems,
including procedural or substantive challenges or problems,
that arise during the course of the work of the Board,
including the views of any member of the Board who wishes to
have those views included in the report.
“\(2\) Public report.—On the date on which the Board
submits a report required under paragraph \(1\), the Board
shall make the report, other than the classified annex
included in the report, available on a website.
“\(g\) Effective Date.—This section shall take effect on
the date that is 270 days after the date of enactment of this
chapter.
“Sec. 7907. GAO Audits
“The Comptroller General of the United States shall
periodically audit the Board.
“Sec. 7908. Funding
“There is authorized to be appropriated to the Board to
carry out this chapter $30,000,000 for each of fiscal years
2026 through 2035.”.
\(c\) Clerical Amendment.—The table of chapters for subtitle
V of title 31, United States Code, is amended by adding at
the end the following:
“79. Life Sciences Research Security Board................7901”.....
\(d\) Financial Disclosure Reports of Board Members.—Section
13103\(f\) of title 5, United States Code, is amended—
\(1\) in paragraph \(11\), by striking “and” at the end;
\(2\) in paragraph \(12\), by striking the period at the end
and inserting “; and”; and
\(3\) by adding at the end the following:
“\(13\) a member of the Life Sciences Research Security
Board established under section 7902 of title 31.”.
SA 6117. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Royalty Transparency Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Royalty Transparency
Act”.
SEC. 1095. FINANCIAL DISCLOSURE REPORTS OF EXECUTIVE BRANCH
EMPLOYEES.
\(a\) Individuals Required to File.—
\(1\) In general.—Section 13103 of title 5, United States
Code, is amended—
\(A\) in subsection \(f\)—
\(i\) in paragraph \(11\), by striking “; and” and inserting
a semicolon;
\(ii\) in paragraph \(12\), by striking the period and
inserting “; and”; and
\(iii\) by adding at the end the following:
“\(13\) any member of—
“\(A\) the National Science Advisory Board for Biosecurity;
“\(B\) the Advisory Committee on Immunization Practices;
“\(C\) the Advisory Commission on Childhood Vaccines;
“\(D\) the National Vaccine Advisory Committee;
“\(E\) the Vaccines and Related Biological Products Advisory
Committee;
“\(F\) the Defense Science Board;
“\(G\) the Board of Scientific Advisors of the National
Cancer Institute;
“\(H\) the Homeland Security Science and Technology Advisory
Committee;
“\(I\) the Medical Review Board Advisory Committee;
“\(J\) the President's Council of Advisors on Science and
Technology; or
“\(K\) except as provided in subsection \(k\), any other
advisory committee, as defined in section 1001, including a
successor to a committee described in this paragraph, that
the Government Accountability Office determines, in
accordance with subsection \(j\)—
“\(i\) makes recommendations relating to public health to an
agency or the President; and
“\(ii\) has had any recommendation fully or partially
implemented during the 10 years preceding the
determination.”; and
\(B\) by adding at the end the following:
“\(j\) Determination Regarding Advisory Committees.—Not
later than 180 days after the date of enactment of the
Royalty Transparency Act, and annually thereafter, the
Government Accountability Office shall publish a list of each
advisory committee that the Government Accountability Office
determines—
“\(1\) makes recommendations relating to public health to an
agency or the President; and
“\(2\) has had any recommendation fully or partially
implemented during the 10 years preceding the determination.
“\(k\) Exception for Certain Members of Peer Review
Groups.—Subsection \(f\)\(13\)\(K\) shall not include a member of
an advisory committee if—
“\(1\) the advisory committee is a peer review group, as
defined in section 52h.2\(k\) of title 42, Code of Federal
Regulations, or any successor regulation, within the National
Institutes of Health;
“\(2\) for the applicable annual certification period, the
Director of the National Institutes of Health, or the
designee of the Director, in accordance with section 1096 of
the Royalty Transparency Act, certifies annually to the
Comptroller General of the United States, in such form and
manner as the Comptroller General may require, that the
National Institutes of Health has applied, with respect to
each such member, the requirements relating to recusal for
any actual or apparent conflict of interest under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation, and maintains documentation sufficient
for review under section 1096 of the Royalty Transparency
Act; and
“\(3\) the member of the advisory committee is not a special
Government employee, as defined in section 202 of title 18,
United States Code.”.
\(2\) Sunset.—Effective on the date that is 5 years after
the date of enactment of this Act, section 13103 of title 5,
United States Code, as amended by this subtitle, is amended—
\(A\) in subsection \(f\)\(13\), by striking subparagraph \(K\) and
inserting the following:
“\(K\) a successor to a committee described in subparagraphs
\(A\) through \(J\) of this paragraph.”; and
\(B\) by striking subsections \(j\) and \(k\), as added by
paragraph \(1\)\(B\).
\(b\) Notification of Waiver.—
\(1\) Title 5.—Section 13103\(i\) of title 5, United States
Code, is amended—
\(A\) by moving the matter preceding paragraph \(1\) two ems to
the left;
\(B\) by redesignating paragraphs \(1\) through \(4\) as
subparagraphs \(A\) through \(D\), respectively;
\(C\) in the matter preceding subparagraph \(A\), as so
redesignated, by striking “the supervising ethics office
determines” and inserting “the supervising ethics office—
“\(1\) determines”;
\(D\) in subparagraph \(D\), as so redesignated, by striking
the period at the end and inserting “; and”; and
\(E\) by adding at the end the following:
“\(2\) provides notification of such waiver to the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science, and Transportation of the Senate and the
Committees on Oversight and Government Reform and Energy and
Commerce of the House of Representatives.”.
\(2\) Title 18.—Section 208 of title 18, United States Code,
is amended by adding at the end the following:
“\(e\) Any exemption—
“\(1\) granted under paragraph \(1\) or \(3\) of subsection \(b\)
shall be immediately reported to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, including a detailed justification for
granting the waiver; or
“\(2\) granted under subpart \(C\) of part 2640 of title 5,
Code of Federal Regulations, or any successor regulation,
shall be immediately reported to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, including a detailed justification for
granting the waiver.”.
\(c\) Contents of Reports.—Section 13104\(a\)\(1\) of title 5,
United States Code, is amended—
\(1\) in subparagraph \(A\), by inserting “, subject to
subparagraph \(C\)” after “employment by the United States
Government”; and
\(2\) by inserting after subparagraph \(B\) the following:
“\(C\) Royalties received by government employees and
committee filers.—Notwithstanding section 12\(c\) of the
Stevenson-Wydler Technology Innovation Act of 1980 \(15 U.S.C.
3710a\(c\)\) and section 209 of title 35, if the reporting
individual is an officer or employee in the executive branch
\(including a special Government employee, as defined in
section 202 of title 18\), or an individual described in
section 13103\(f\)\(13\), the original source and amount or value
of any royalties received by the reporting individual, the
spouse of the reporting individual, or a dependent child of
the reporting individual during the reporting period
described in subsection \(d\) or \(e\) of section 13103, as
applicable, that were received as a result of an invention
developed by the reporting individual in the course of
employment of the reporting individual with the United States
Government, including any royalty interest payment made under
the Federal Technology Transfer Act of 1986 \(Public Law 99-
502; 100 Stat. 1785\), an amendment made by such Act, or any
other applicable authority.”.
\(d\) Review of Reports.—Section 13107\(b\) of title 5, United
States Code, is amended—
\(1\) in paragraph \(1\)—
\(A\) in the first sentence, by inserting “and shall, in the
case of an agency or office and notwithstanding section 12 of
the Stevenson-Wydler Technology Act of 1980 \(15 U.S.C. 3710a\)
and section 209 of title 35, publish such report on the
internet website of the agency or office, as the case may
be” after “to any person requesting such inspection or
copy”; and
\(B\) in the second sentence—
\(i\) by inserting “, notwithstanding section 12 of the
Stevenson-Wydler Technology Act of 1980 \(15 U.S.C. 3710a\) and
section 209 of title 35,” after “such report shall”; and
\(ii\) by inserting “and, in the case of an agency or
office, published on the internet website of the agency or
office, as the case may be,” after “made available for
public inspection”;
\(2\) by striking paragraph \(2\) and the flush text following
paragraph \(2\);
\(3\) by redesignating paragraph \(3\) as paragraph \(2\); and
\(4\) by adding at the end the following:
“\(3\) Procedure for releasing reports to members of
congress.—Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under this subchapter, which
shall be unredacted, except with respect to social security
numbers, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.”.
\(e\) Confidential Reports and Other Additional
Requirements.—Section 13109 of title 5, United States Code,
is amended—
\(1\) by redesignating subsections \(b\) and \(c\) as subsections
\(f\) and \(g\), respectively; and
\(2\) by inserting after subsection \(a\) the following:
“\(b\) Royalties Received by Confidential Filers.—
Notwithstanding section 12\(c\) of the Stevenson-Wydler
Technology Innovation Act of 1980 \(15 U.S.C. 3710a\(c\)\) and
section 209 of title 35, the information required to be
reported under this section shall include the original source
and amount or value of any royalties received by the
reporting individual, or the spouse or any dependent child of
the reporting individual, that were received as a result of
an invention, including any royalty interest payment made
under the Federal Technology Transfer Act of 1986 \(Public Law
99-502; 100 Stat. 1785\), an amendment made by such Act, or
any other applicable authority.
“\(c\) Procedure for Releasing Reports to Members of
Congress.—Notwithstanding any other provision of law, not
later than 30 days after receiving a request from a Member of
Congress, any agency or supervising ethics office in the
executive branch shall furnish to the Member of Congress a
copy of any report submitted under subsection \(a\), which
shall be unredacted, except with respect to social security
numbers, dates of birth, home addresses, rental property
addresses, phone numbers, email addresses, financial account
numbers, signatures, and the personally identifiable
information of dependent children.
“\(d\) Reports.—Not later than 60 days after the date of
enactment of the Royalty Transparency Act, and each year
thereafter, the head of each agency shall submit to the
Committees on Homeland Security and Governmental Affairs and
Commerce, Science,
and Transportation of the Senate and the Committees on
Oversight and Government Reform and Energy and Commerce of
the House of Representatives, and as to each agency within
the intelligence community \(as that term is defined in
section 3 of the National Security Act of 1947 \(50 U.S.C.
3003\)\), the head of each such agency shall also submit to the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives, a report relating to confidential financial
disclosures of officers and employees under the jurisdiction
of such agency for the preceding fiscal year, which shall
include—
“\(1\) the number of individuals who filed such disclosures
with the agency under this section, including, if applicable,
the subcomponent of the agency that has jurisdiction over the
individual and the reason for filing confidentially;
“\(2\) the number of special Government employees, as
defined in section 202 of title 18, that are required to file
confidential financial disclosure reports with the agency
under this section; and
“\(3\) any additional information determined to be relevant
by the Director of the Office of Government Ethics after
consultation with the Committees on Homeland Security and
Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives.
“\(e\) Public Disclosure of Royalties Received by Certain
Federal Employees.—
“\(1\) Definition.—For the purposes of this subsection, the
term \`covered individual' means an individual who—
“\(A\) is required to file a confidential financial
disclosure report under this section; and
“\(B\) reports receiving a royalty interest under subsection
\(b\).
“\(2\) Requirement.—Not later than 180 days after the date
of enactment of the Royalty Transparency Act, and annually
thereafter, each agency shall publish a report on the
internet website of the agency, listing—
“\(A\) the names of all covered individuals; and
“\(B\) the original source and amount or value of any
royalties reported under this section by each covered
individual.”.
\(f\) Rule of Construction.—Nothing in this section, or any
amendment made by this section, shall be construed to limit
the ability of an advisory committee, as defined in section
1001 of title 5, United States Code, to conduct work related
to the function of the advisory committee.
SEC. 1096. GAO REVIEW OF NIH PEER REVIEW CONFLICT-OF-INTEREST
COMPLIANCE.
\(a\) Definitions.—In this section—
\(1\) the term “Comptroller General” means the Comptroller
General of the United States; and
\(2\) the term “covered peer review group” means a peer
review group, as defined in section 52h.2\(k\) of title 42,
Code of Federal Regulations, or any successor regulation,
within the National Institutes of Health.
\(b\) Reviews Required.—The Comptroller General shall submit
to the committees described in subsection \(e\) an initial
report not later than 2 years after the date of enactment of
this Act and a second report not later than 1 year after the
date described in section 1095\(a\)\(2\) on the process used by
the National Institutes of Health to apply the requirements
relating to recusal for any actual or apparent conflict of
interest under section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, with respect to
members of covered peer review groups, including the process
used to make certifications described in section 13103\(k\)\(2\)
of title 5, United States Code, as added by section
1095\(a\)\(1\)\(B\) of this subtitle.
\(c\) Contents.—Each evaluation required under subsection
\(b\) shall include—
\(1\) a description of the policies, procedures, guidance,
training, and internal controls used by the National
Institutes of Health to identify, evaluate, document, waive,
and address actual or apparent conflicts of interest for
members of covered peer review groups;
\(2\) an assessment of the completeness, accuracy, and
timeliness of the certifications made under section
13103\(k\)\(2\) of title 5, United States Code, including whether
the National Institutes of Health maintains documentation
sufficient to support such certifications;
\(3\) the number of covered peer review groups and the
approximate number of members of such groups covered by the
certifications during the period reviewed;
\(4\) a description of the categories of information reviewed
by the National Institutes of Health to identify actual or
apparent conflicts of interest, including financial
interests, employment relationships, institutional
affiliations, professional associations, close-relative
interests, and involvement with applications, proposals, or
contract projects under review;
\(5\) an assessment of the process used by the National
Institutes of Health to determine whether a member of a
covered peer review group must recuse from review of a grant
application, contract proposal, or contract project;
\(6\) an assessment of the process used by the National
Institutes of Health to grant, document, and retain any
waiver of a conflict-of-interest requirement under section
52h.5 of title 42, Code of Federal Regulations, or any
successor regulation;
\(7\) a review of a representative sample of covered peer
review groups, member certifications, recusal determinations,
waiver determinations, and related records, as the
Comptroller General determines appropriate;
\(8\) an assessment of whether the certification process of
the National Institutes of Health is sufficient to ensure
compliance with section 52h.5 of title 42, Code of Federal
Regulations, or any successor regulation, without requiring
the Comptroller General to make individualized compliance
determinations for each member of a covered peer review
group;
\(9\) a description of any material deficiencies, gaps,
inconsistencies, or failures identified by the Comptroller
General in the conflict-of-interest process, certification
process, documentation, or internal controls of the National
Institutes of Health;
\(10\) a description of any corrective action taken or
planned by the National Institutes of Health in response to
deficiencies identified by the Comptroller General; and
\(11\) any recommendations of the Comptroller General to
improve the processes described in this section, including
any recommendations for legislative or administrative action.
\(d\) Access to Information.—The Director of the National
Institutes of Health shall provide the Comptroller General
with timely access to records, personnel, and other
information the Comptroller General determines necessary to
conduct each evaluation required under subsection \(b\).
Nothing in this subsection shall be construed to authorize
the National Institutes of Health to withhold information
from the Comptroller General on the basis that the
information is contained in, or relates to, a confidential
grant application, peer-review record, or other nonpublic
agency record.
\(e\) Reports.—The Comptroller General shall submit each
unredacted report required under subsection \(b\) to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform of the House of Representatives.
SEC. 1097. PREVENTING ORGANIZATIONAL CONFLICTS OF INTEREST IN
FEDERAL ACQUISITION.
\(a\) In General.—The Federal Acquisition Regulatory Council
and the Office of Management and Budget shall, as
appropriate, enact or update any regulation necessary to
ensure that conflict of interest reviews for prospective
contractors or grantees include reviews of royalties paid to
prospective contractors or grantees in the preceding calendar
year.
\(b\) Ongoing Reviews.—Not later than 1 year after the date
of enactment of this Act, and each year thereafter, each
agency conducting any conflict of interest review described
in subsection \(a\) shall report to the Committees on Homeland
Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate and the Committees on Oversight
and Government Reform and Energy and Commerce of the House of
Representatives, and as to each agency within the
intelligence community \(as that term is defined in section 3
of the National Security Act of 1947 \(50 U.S.C. 3003\)\), the
head of each such agency shall also report to the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives, on the number of identified cases of
potential conflict of interest related to royalty payments
and the steps taken to mitigate those cases.
SEC. 1098. SEVERABILITY.
If any provision of this subtitle, an amendment made by
this subtitle, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of this subtitle and the
amendments made by this subtitle, and the application of the
provision or the amendment to any other person or
circumstance, shall not be affected.
SA 6118. Ms. ERNST submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . VISITORS TO NATIONAL LABORATORIES.
\(a\) Definitions.—In this section:
\(1\) Country of concern.—The term “country of concern”
means—
\(A\) the People's Republic of China;
\(B\) the Democratic People's Republic of Korea;
\(C\) the Russian Federation;
\(D\) the Islamic Republic of Iran; and
\(E\) any other country determined by the Secretary of State.
\(2\) Covered visitor.—
\(A\) In general.—The term “covered visitor” means a
foreign national from a country of concern that—
\(i\) is not an employee of the Department of Energy or the
management and operations contractor operating a National
Laboratory on behalf of the Department of Energy; and
\(ii\) has requested access to the premises, information, or
technology of a National Laboratory.
\(B\) Exclusion.—The term “covered visitor” does not
include any lawful permanent resident of the United States.
\(b\) Prohibition.—No funds made available under this Act
may be expended on a National Laboratory \(as defined in
section 2 of the Energy Policy Act of 2005 \(42 U.S.C. 15801\)\)
that admits a covered visitor to any area of the National
Laboratory that is not accessible to the general public.
SA 6119. Ms. ERNST submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON CONTRACTING WITH CERTAIN
CONSULTANCIES.
\(a\) Prohibition Related to Certain Contracts or Grants.—
\(1\) In general.—The Secretary may not after the date of
the enactment of this Act enter into, renew, extend a
contract with, award a grant to, enter into an other
transactional agreement with, or otherwise effectuate any
legal instrument resulting in any financial benefit accruing
to, a covered consultancy.
\(2\) Disclosure.—Any individual or entity that submits an
offer or bid to provide consulting services to the Department
of Defense shall disclose in such offer or bid any
information relevant to the individual or entity with respect
to the prohibition under paragraph \(1\), including—
\(A\) whether the individual or entity has entered into a
contract with, or received grants or other financial awards
from, a covered entity in the five years prior to submitting
the offer or bid; and
\(B\) at the time the contract to provide consulting services
to the Department will be entered into, whether—
\(i\) any contract entered into by the individual or entity
with a covered entity will still be in effect; or
\(ii\) the individual or entity will be receiving funds from,
or have any unobligated or unexpended funds received under,
any grant or other financial award from a covered entity.
\(3\) Penalties.—
\(A\) In general.—If the Secretary determines that a
contractor of the Department failed to make the disclosure
required by paragraph \(2\), the Secretary shall—
\(i\) terminate the applicable contract for cause; and
\(ii\) initiate a suspension and debarment proceeding with
respect to the contractor.
\(B\) Maximum length of debarment.—The maximum length of a
debarment of a contractor pursuant to this paragraph shall be
a period of 5 years.
\(b\) Certification.—
\(1\) In general.—After a determination by the Secretary
that a company is a covered consultancy, such company may
submit to the Secretary a written and signed certification
that—
\(A\) the consultancy no longer is—
\(i\) performing under a contract with a covered entity;
\(ii\) carrying out activities under a grant received from a
covered entity; or
\(iii\) receiving funds, or has any unobligated or unexpended
funds received, from a covered entity; and
\(B\) will not enter into, accept, or pursue a contract with
a covered entity or a grant or other financial award from a
covered entity—
\(i\) during the term of a contract with the Department of
Defense; or
\(ii\) while receiving funds from the Department of Defense,
or obligating or expending any such funds.
\(2\) Status change.—Upon the approval by the Secretary of a
certification submitted under paragraph \(1\), a company is
deemed to not be a covered consultancy for the purposes of
this section until the expiration of the certification under
paragraph \(3\).
\(3\) Expiration.—A certification submitted by a company
under paragraph \(1\) shall expire on the earlier of the date
on which the company, after submitting such certification,
enters into, extends, renews, or performs under a contract
with a covered entity for consulting services.
\(c\) Policies and Guidance.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
issue the following policies and practices:
\(1\) Policies to implement the prohibition under subsection
\(a\)\(1\).
\(2\) Best practices for consultancies to avoid becoming
covered consultancies under this section and for covered
consultancies to end their status as such.
\(3\) A policy articulating the exact provisions and terms to
be included in solicitations, contracts, and grants of the
Department of Defense pursuant to paragraphs \(2\) and \(3\) of
subsection \(a\).
\(d\) Revision of Department of Defense Acquisition
Regulation.—Not later than one year after the date of
enactment of this Act, the Secretary shall amend the Defense
Federal Acquisition Regulation Supplement to implement this
section.
\(e\) Definitions.—In this section:
\(1\) Consulting services.—The term “consulting services”
has the meaning given the term “advisory and assistance
services” in section 2.101 of the Federal Acquisition
Regulation, except that—
\(A\) the term does not include the services described in
paragraph \(3\) of such section; and
\(B\) each instance of the term “Federal” is replaced with
“client”.
\(2\) Contract employee.—The term “contract employee”
means—
\(A\) an employee of a contractor; or
\(B\) in the case of a contractor who is an individual who
directly enters into a contract with the Federal Government,
that individual.
\(3\) Contractor.—The term “contractor” has the meaning
given the term in section 7101 of title 41, United States
Code.
\(4\) Covered consultancy.—The term “covered consultancy”
means a company that, itself or any subsidiary or affiliate
thereof, in the later of the five-year period preceding the
date of the relevant requirement or the effective date of the
relevant requirement—
\(A\) failed to disclose information to the Secretary related
to any activities involving a covered entity as required by
any law, regulation, or contract term, or terms of other
agreements;
\(B\) was found to have submitted false or misleading
information to any Federal agency in any Federal proceeding;
or
\(C\) was found to have failed to disclose an actual or
potential conflict of interest as required by any law,
regulation, or contract term to any Federal agency or in any
Federal proceeding.
\(5\) Covered entity.—The term “covered entity” means any
of the following:
\(A\) The Government of the People's Republic of China.
\(B\) The Chinese Communist Party.
\(C\) The People's Liberation Army, the Ministry of State
Security, or any security service or intelligence agency of
the People's Republic of China.
\(D\) Any entity on the Non-SDN Chinese Military-Industrial
Complex Companies List \(NS-CMIC-List\) maintained by the
Office of Foreign Assets Control of the Department of the
Treasury under Executive Order 14032 \(86 Fed. Reg. 30145;
relating to addressing the threat from securities investments
that finance certain companies of the People's Republic of
China\), or any successor order.
\(E\) Any Chinese military company identified by the
Secretary of Defense pursuant to section 1237\(b\) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 \(Public Law 105-261; 50 U.S.C. 1701 note\).
\(F\) Any entity owned \(25 percent or more\) or controlled,
directly or indirectly, by the Government of the People's
Republic of China or the Chinese Communist Party, including
through board representation, voting rights, contractual
arrangements, or other means of effective control, that is
engaged in one or more national security industries.
\(G\) The Government of the Russian Federation, any entity
owned \(25 percent or more\) or controlled, directly or
indirectly by the Russian Federation, or any entity
sanctioned by the Secretary of the Treasury.
\(H\) The government or any State-owned entity of any country
if the Secretary of State determines that such government has
repeatedly provided support for acts of international
terrorism pursuant to—
\(i\) section 1754\(c\)\(1\)\(A\) of the Export Control Reform Act
of 2018 \(50 U.S.C. 4813\(c\)\(1\)\(A\)\);
\(ii\) section 620A of the Foreign Assistance Act of 1961 \(22
U.S.C. 2371\);
\(iii\) section 40 of the Arms Export Control Act \(22 U.S.C.
2780\); or
\(iv\) any other provision of law.
\(I\) Any entity included on any of the following lists
maintained by the Department of Commerce:
\(i\) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
\(ii\) The Denied Persons List as described in section
764.3\(a\)\(2\) of the Export Administration Regulations.
\(iii\) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.
\(J\) The Military End User List set forth in Supplement No.
7 to part 744 of the Export Administration Regulations.
\(K\) A foreign adversary, as that term is defined in this
subsection.
\(L\) An individual or entity included on any sanctions list
administered by the Office of Foreign Assets Control of the
Department of the Treasury or of the Department of Justice,
including any successor list.
\(6\) Export administration regulations.—The term “Export
Administration Regulations” means the regulations set forth
in subchapter C of chapter VII of title 15, Code of Federal
Regulations.
\(7\) Foreign adversary.—The term “foreign adversary”
means the following:
\(A\) The Democratic People's Republic of North Korea.
\(B\) The People's Republic of China.
\(C\) The Russian Federation.
\(D\) The Islamic Republic of Iran.
\(E\) The Republic of Cuba.
\(F\) Venezuelan politician Nicolas Maduro \(the Maduro
Regime\).
\(8\) National security industry.—The term “national
security industry” means—
\(A\) a military-related industry;
\(B\) semiconductor production;
\(C\) researching or commercializing quantum computing;
\(D\) developing artificial intelligence products or
services;
\(E\) the biotechnology industry;
\(F\) the cybersecurity industry;
\(G\) the mining, processing, or refining of critical
minerals \(as such term is defined in section 7002\(a\) of the
Energy Act of 2020 \(30 U.S.C. 1606\(a\)\)\) for use by a covered
entity; or
\(H\) other emerging technologies \(as that term is defined in
section 6701 of the Intelligence Authorization Act for Fiscal
Year 2023 \(division F of Public Law 117-263; 50 U.S.C. 3024
note\).
\(9\) Secretary.—The term “Secretary” means the Secretary
of Defense.
SA 6120. Ms. ERNST submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII add the
following:
SEC. 2873. REPORT ON UNDERUTILIZED AIR NATIONAL GUARD
AIRFIELD INFRASTRUCTURE.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force, in
consultation with the Chief of the National Guard Bureau and
the Commander of United States Strategic Command, shall
submit to the congressional defense committees a report
evaluating the feasibility, infrastructure readiness, and
cost-benefits of co-locating permanent, manned flying
missions at installations of the Air National Guard that
possess, as of the date of the report, active runways but
lack manned active aircraft.
\(b\) Elements.—The report required under subsection \(a\)
shall include the following:
\(1\) An inventory of installations of the Air National Guard
described in subsection \(a\) that possess active runway
infrastructure of 9,000 feet or greater, secure military
enclaves, and proximity to regional training corridors or
geographic commands.
\(2\) An assessment of the capacity of such joint use
commercial airfield infrastructure, including taxiways and
secure ramp space, to host permanent or distributed strategic
assets.
\(3\) An evaluation of the workforce readiness and technical
expertise, including cyber, intelligence, and remotely
piloted aircraft operations, to support advanced manned
flying missions.
\(4\) An assessment of alternative or distributed basing
options required to support strategic long-range strike
systems in the event that total procurement exceeds the
initial approved acquisition quantity for long-range strike
systems.
SA 6121. Mr. PAUL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1\_\_. DESIGNATION OF CINCINNATI/NORTHERN KENTUCKY
INTERNATIONAL AIRPORT AS PORT OF ENTRY FOR THE
IMPORTATION AND EXPORTATION OF WILDLIFE AND
WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
\(a\) Study Required.—
\(1\) In general.—Not later than 90 days after the date of
enactment of this Act, the Director of the United States Fish
and Wildlife Service \(referred to in this section as the
“Director”\) shall carry out a study to determine the cost
of designating Cincinnati/Northern Kentucky International
Airport \(referred to in this section as “CVG”\) as a port of
entry designated for the importation and exportation of
wildlife and wildlife products under section 14.12 of title
50, Code of Federal Regulations \(or a successor regulation\).
\(2\) Submission of cost estimates.—
\(A\) In general.—On completion of the study required under
paragraph \(1\), the Director shall submit to the interested
stakeholders described in subparagraph \(B\) the estimated cost
of facilitating the designation described in paragraph \(1\).
\(B\) Interested stakeholders described.—The interested
stakeholders referred to in subparagraph \(A\) include—
\(i\) the airport sponsor or operator of CVG;
\(ii\) any air carrier that operates at CVG, including any
air carrier that operates a hub at CVG; and
\(iii\) any other entity, as determined appropriate by the
Director.
\(b\) Designation.—Not later than 90 days after the date on
which the Director completes the study required under
subsection \(a\)\(1\), the Director, with public funds or, in
accordance with subsection \(c\), private funds, shall
designate CVG as a port of entry designated for the
importation and exportation of wildlife and wildlife products
under section 14.12 of title 50, Code of Federal Regulations
\(or a successor regulation\).
\(c\) Donations.—The Director may accept donations from
private entities and, notwithstanding section 3302 of title
31, United States Code, may use those donations to fund the
designation required under subsection \(b\).
SA 6122. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DEBT LIMIT MODIFICATIONS.
\(a\) Short Title.—This section may be cited as the
“Bankruptcy Threshold Adjustment Act of 2026”.
\(b\) Modification to the Small Business Bankruptcy Debt
Limit.—Section 1182\(1\) of title 11, United States Code, is
amended to read as follows:
“\(1\) Debtor.—The term \`debtor'—
“\(A\) subject to subparagraph \(B\), means a person engaged
in commercial or business activities \(including any affiliate
of such person that is also a debtor under this title and
excluding a person whose primary activity is the business of
owning single asset real estate\) that has aggregate
noncontingent liquidated secured and unsecured debts as of
the date of the filing of the petition or the date of the
order for relief in an amount not more than $7,500,000
\(excluding debts owed to 1 or more affiliates or insiders\)
not less than 50 percent of which arose from the commercial
or business activities of the debtor; and
“\(B\) does not include—
“\(i\) any member of a group of affiliated debtors under
this title that has aggregate noncontingent liquidated
secured and unsecured debts in an amount greater than
$7,500,000 \(excluding debt owed to 1 or more affiliates or
insiders\);
“\(ii\) any debtor that is a corporation subject to the
reporting requirements under section 13 or 15\(d\) of the
Securities Exchange Act of 1934 \(15 U.S.C. 78m, 78o\(d\)\); or
“\(iii\) any debtor that is an affiliate of a corporation
described in clause \(ii\).”.
\(c\) Modification to the Consumer Bankruptcy Debt Limit.—
Section 109 of title 11, United States Code is amended by
striking subsection \(e\) and inserting the following:
“\(e\) Only an individual with regular income that owes, on
the date of the filing of the petition, noncontingent,
liquidated debts that aggregate less than $2,750,000 or an
individual with regular income and such individual's spouse,
except a stockbroker or a commodity broker, that owe, on the
date of the filing of the petition, noncontingent, liquidated
debts that aggregate less than $2,750,000 may be a debtor
under chapter 13 of this title.”.
\(d\) Effective Date.—The amendments made by this section
shall apply to any case that is commenced under title 11,
United States Code, on or after the date of enactment of this
Act.
SA 6123. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XXVIII, add the
following:
SEC. 2849. LAND CONVEYANCE AND BOUNDARY ADJUSTMENT, ADAK,
ALASKA.
\(a\) Removal From National Wildlife Refuge System.—
Notwithstanding sections 303 through 305 of the Alaska
National Interest Lands Conservation Act \(Public Law 96-487;
94 Stat. 2389\), Executive Order 1733, dated March 3, 1913,
Public Land Order 1949, dated August 19, 1959, and any other
provision of law, the land described in subsection \(d\) is
hereby removed from the National Wildlife Refuge System.
\(b\) Conveyance.—As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior
shall convey to the Secretary of the Navy all right, title,
and interest of the United States in and to the land
described in subsection \(d\).
\(c\) Use of Land.—Notwithstanding any other provision of
law, the land conveyed under subsection \(b\) shall be used by
the Secretary of the Navy—
\(1\) as an armament and high-hazard testing site;
\(2\) for training for aerial gunnery, rocketry, electronic
warfare, and tactical maneuvering and air support;
\(3\) for equipment and tactics development and testing; and
\(4\) for other defense-related purposes as identified by the
Secretary of the Navy.
\(d\) Land Description.—The land to be conveyed under
subsection \(b\) consists of approximately 5,399.46 acres of
land on Adak Island, Alaska, withdrawn under Public Land
Order Number 1949, dated August 19, 1959, as modified but not
revoked by Public Land Order Number 7609, dated July 7, 2004,
known as T. 95 S., R. 195 W., Seward Meridian, Alaska, Tract
A, as depicted on Bureau of Land Management Master Title Plat
dated February 18, 2014.
\(e\) Effect.—Nothing in this section shall be construed to
effect—
\(1\) the National Wildlife Refuge System Administration Act
of 1966 \(16 U.S.C. 668dd et seq.\) or any other law related to
management of the National Wildlife Refuge System; or
\(2\) the status, boundaries, or management of any land
within the Alaska Maritime National Wildlife Refuge, other
than the land described in subsection \(d\).
SA 6124. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ANALYSIS OF CERTAIN HUMANOID OR QUADRUPED ROBOTICS
COMMUNICATIONS EQUIPMENT OR SERVICES.
\(a\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Select
Committee on Intelligence of the Senate; and
\(B\) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Energy and Commerce, and
the Permanent Select Committee on Intelligence of the House
of Representatives.
\(2\) Appropriate national security agency; communications
equipment or service.—The terms “appropriate national
security agency” and “communications equipment or service”
have the meanings given those terms in section 9 of the
Secure and Trusted Communications Networks Act of 2019 \(47
U.S.C. 1608\).
\(3\) Commission.—The term “Commission” means the Federal
Communications Commission.
\(4\) Country of concern.—The term “country of concern”
has the meaning given the term in section 1\(m\)\(1\) of the
State Department Basic Authorities Act of 1956 \(22 U.S.C.
2651a\(m\)\(1\)\).
\(5\) Covered foreign entity.—The term “covered foreign
entity” means—
\(A\) an entity that—
\(i\) is headquartered in, has its principal place of
business in, or is organized under the laws of a country of
concern; or
\(ii\) is subject to the influence, direction, or control of
the government of a country of concern;
\(B\) an affiliate or wholly or partially owned subsidiary of
an entity described in subparagraph \(A\);
\(C\) an entity in a joint venture with an entity described
in subparagraph \(A\); or
\(D\) an entity with which an entity described in
subparagraph \(A\) has a technology sharing or licensing
agreement.
\(6\) Covered list.—The term “covered list” means the list
of covered communications equipment or services published by
the Commission under section 2\(a\) of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1601\(a\)\).
\(7\) Covered robotics communications equipment or service.—
The term “covered robotics communications equipment or
service” means—
\(A\) any humanoid or quadruped robot that—
\(i\) is produced or provided by a covered foreign entity;
and
\(ii\) requires communications equipment or service; and
\(B\) any software designed to control a humanoid or
quadruped robot described in subparagraph \(A\).
\(8\) Humanoid or quadruped robot.—The term “humanoid or
quadruped robot” means—
\(A\) a mechanical device that—
\(i\) possesses a body structure that uses 1 or more
articulated limbs, or a combination of articulated limbs and
wheels, for locomotion, navigation, or movement on the
ground; and
\(ii\) operates at a distance from a human operator or
supervisor autonomously, semi-autonomously, based on commands
or response to sensor data or any combination thereof; and
\(B\) any external device designed to control a mechanical
device described in subparagraph \(A\).
\(b\) Evaluation of Covered Robotics Communications Equipment
or Services.—
\(1\) Determination of risk.—Not later than 1 year after the
date of enactment of this Act, an appropriate national
security agency shall determine if covered robotics
communications equipment or services pose an unacceptable
risk to the national security of the United States or the
security and safety of United States persons.
\(2\) Addition to covered list.—If, as of the date that is 1
year after the date of enactment of this Act, an appropriate
national security agency has not made the determination
required under paragraph \(1\), the Commission shall add all
covered robotics communications equipment or services to the
covered list.
\(3\) Exception.—Paragraph \(2\) shall not apply with respect
to any covered robotics communications equipment or service
that an appropriate national security agency determines, not
later than 1 year after the date of enactment of this Act,
does not pose an unacceptable risk to the national security
of the United States or the safety and security of United
States persons.
\(c\) Effect of Other Determinations.—
\(1\) Determined to pose unacceptable risk.—Not later than
30 days after an appropriate national security agency
determines that any covered robotics communications equipment
or service poses an unacceptable risk to the national
security of the United States or the security and safety of
United States persons under subsection \(b\)—
\(A\) the Commission shall place that covered robotics
communications equipment or service on the covered list; and
\(B\) the appropriate national security agency shall submit
to the appropriate congressional committees a report on the
determination of that appropriate national security agency,
which shall be submitted in unclassified form but may contain
a classified annex.
\(2\) Determined not to pose unacceptable risk.—If an
appropriate national security agency determines that any
covered robotics communications equipment or service does not
pose an unacceptable risk to the national security of the
United States or the security and safety of United States
persons—
\(A\) not later than 30 days after the date on which that
appropriate national security agency makes that
determination, that appropriate national security agency
shall submit to the appropriate congressional committees and
all other appropriate national security agencies a report on
the determination, which shall be submitted in unclassified
form but may contain a classified annex; and
\(B\) not later than 180 days after the date on which that
appropriate national security agency makes that
determination, all other appropriate national security
agencies shall review the determination and shall submit to
the appropriate congressional committees a report on the
respective determinations of those appropriate national
security agencies, which shall be submitted in unclassified
form but may contain a classified annex.
\(d\) Rule of Construction.—Nothing in this section may be
construed to apply to any country that is not a country of
concern, including a member of the North Atlantic Treaty
Organization or a major non-NATO ally \(as defined in section
644 of the Foreign Assistance Act of 1961 \(22 U.S.C. 2403\)\).
SA 6125. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. ACQUISITION OF SPACE-BASED TACTICAL DATA
CAPABILITY.
\(a\) Finding.—Congress finds that robust competition in the
space industrial base is essential to ensuring United States
space superiority and the ability of the Space Force to
provide national security mission-critical space warfighting
systems and operations across the joint force.
\(b\) Requirement to Maximize Competition.—Chapter 135 of
title 10, United States Code, is amended by adding at the end
the following new section:
“Sec. 2279e. Contracting for space-based functional data
capability
“The head of an agency shall, to the maximum extent
practicable, ensure that—
“\(1\) space acquisitions employ procedures that maximize
competition;
“\(2\) mission-critical national security space-based
systems that deliver space-based tactical data within a
program and across the armed forces shall, to the greatest
extent practicable, be procured from an open competition
allowing for competition between multiple vendors, and the
products of such vendors shall comply with interfaces and
standards that maximize resilience and interoperability with
Department of Defense systems; and
“\(3\) the launch services for such systems are procured
through the fastest and most efficient contract available,
including commercial delivery-in-orbit launch service
agreements.”.
SA 6126. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . CARGOES PROCURED, FURNISHED, OR FINANCED BY THE
UNITED STATES GOVERNMENT.
Section 55305\(b\)\(2\) of title 46, United States Code, is
amended by striking “2030” and inserting “2027”.
SA 6127. Mr. SULLIVAN \(for himself and Ms. Rosen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EXTENTTON OF WAR RESERVES STOCKPILE AUTHORITY.
Section 12001\(d\) of the Department of Defense
Appropriations Act, 2005 \(Public Law 108-287; 118 Stat. 1011\)
is amended by striking “after January 1, 2027” and
inserting “after January 1, 2029“.
SA 6128. Mr. SULLIVAN \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle \_—FISH Act
SEC. \_\_1. SHORT TITLE.
This subtitle may be cited as the “Fighting Foreign
Illegal Seafood Harvests Act of 2025” or the “FISH Act of
2025”.
SEC. \_\_2. DEFINITIONS.
In this subtitle:
\(1\) Administrator.—Unless otherwise provided, the term
“Administrator” means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
\(2\) Beneficial owner.—The term “beneficial owner” means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise—
\(A\) exercises substantial control over the vessel; or
\(B\) owns not less than 50 percent of the ownership
interests in the vessel.
\(3\) Fish.—The term “fish” means finfish, crustaceans,
and mollusks.
\(4\) Forced labor.—The term “forced labor” has the
meaning given that term in section 307 of the Tariff Act of
1930 \(19 U.S.C. 1307\).
\(5\) IUU fishing.—The term “IUU fishing” means activities
described as illegal fishing, unreported fishing, and
unregulated fishing in paragraph 3 of the International Plan
of Action to Prevent, Deter, and Eliminate Illegal,
Unreported and Unregulated Fishing, adopted at the 24th
Session of the Committee on Fisheries in Rome on March 2,
2001.
\(6\) Regional fisheries management organization.—The terms
“regional fisheries management organization” and “RFMO”
have the meaning given the terms in section 303 of the Port
State Measures Agreement Act of 2015 \(16 U.S.C. 7402\).
\(7\) Seafood.—The term “seafood” means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
\(8\) Secretary.—Unless otherwise provided, the term
“Secretary” means the Secretary of Commerce acting through
the Administrator of the National Oceanic and Atmospheric
Administration or the designee of the Administrator.
SEC. \_\_3. STATEMENT OF POLICY.
It is the policy of the United States to partner, consult,
and coordinate with foreign governments \(at the national and
subnational levels\), civil society, international
organizations, international financial institutions,
subnational coastal communities, commercial and recreational
fishing industry leaders, communities that engage in
artisanal or subsistence fishing, fishers, and the private
sector, in a concerted effort—
\(1\) to continue the broad effort across the Federal
Government to counter IUU fishing, including any potential
links to forced labor, human trafficking, and other threats
to maritime security, as outlined in sections 3533 and 3534
of the Maritime SAFE Act \(16 U.S.C. 8002 and 8003\); and
\(2\) to, additionally—
\(A\) prioritize efforts to prevent IUU fishing at its
sources; and
\(B\) support continued implementation of the Central Arctic
Ocean Fisheries agreement, as well as joint research and
follow-on actions that ensure sustainability of fish stocks
in Arctic international waters.
SEC. \_\_4. ESTABLISHMENT OF AN IUU VESSEL LIST.
Section 608 of the High Seas Driftnet Fishing Moratorium
Protection Act \(16 U.S.C. 1826i\) is amended by striking
subsections \(c\) and \(d\) and inserting the following:
“\(c\) IUU Vessel List.—
“\(1\) In general.—The Secretary, in coordination with the
Secretary of State, the Secretary of Labor, and the heads of
other relevant agencies, shall develop, maintain, and make
public a list of foreign vessels, foreign fleets, and
beneficial owners of foreign vessels or foreign fleets
engaged in IUU fishing or fishing-related activities in
support of IUU fishing \(referred to in this section as the
\`IUU vessel list'\).
“\(2\) Inclusion on list.—The IUU vessel list shall include
any foreign vessel, foreign fleet, or beneficial owner of a
foreign vessel or foreign fleet for which the Secretary
determines there is clear and convincing evidence to believe
that a foreign vessel is any of the following \(even if the
Secretary has only partial information regarding the vessel\):
“\(A\) A vessel listed on an IUU vessel list of an
international fishery management organization.
“\(B\) A vessel knowingly taking part in fishing that
undermines the effectiveness of an international fishery
management organization's conservation and management
measures, including a vessel—
“\(i\) exceeding applicable international fishery management
organization catch limits; or
“\(ii\) that is operating inconsistent with relevant catch
allocation arrangements of the international fishery
management organization, even if operating under the
authority of a foreign country that is not a member of the
international fishery management organization.
“\(C\) A vessel, either on the high seas or in the exclusive
economic zone of another country, identified and reported by
United States authorities to an international fishery
management organization to be conducting IUU fishing when the
United States has reason to believe the foreign country to
which the vessel is registered or documented is not
addressing the allegation.
“\(D\) A vessel, fleet, or beneficial owner of a vessel or
fleet on the high seas identified by United States
authorities to be conducting IUU fishing.
“\(E\) A vessel that knowingly provides services \(excluding
emergency or enforcement services\) to a vessel that is on the
IUU vessel list, including transshipment, resupply,
refueling, or pilotage.
“\(F\) A vessel that is a fishing vessel engaged in
commercial fishing within the exclusive economic zone of the
United States without a permit issued under title II of the
Magnuson-Stevens Fishery Conservation and Management Act \(16
U.S.C. 1821 et seq.\).
“\(G\) A vessel that has the same beneficial owner as
another vessel on the IUU vessel list at the time of the
infraction.
“\(3\) Nominations to be put on the iuu vessel list.—The
Secretary may receive nominations for putting a vessel on the
IUU vessel list from—
“\(A\) the head of an executive branch agency that is a
member of the Interagency Working Group on IUU Fishing
established under section 3551 of the Maritime SAFE Act \(16
U.S.C. 8031\);
“\(B\) a country that is a member of the Combined Maritime
Forces; or
“\(C\) civil organizations that have data-sharing agreements
with a member of the Interagency Working Group on IUU
Fishing.
“\(4\) Procedures for addition.—
“\(A\) In general.—The Secretary may put a vessel on the
IUU vessel list only after notification to the vessel's
beneficial owner and a review of any information that the
owner provides within 90 days of the notification.
“\(B\) Hearing.—A beneficial owner may request a hearing on
the evidence if the owner's vessel is placed on the IUU
vessel list under subparagraph \(A\) and may present new
evidence to the Interagency Working Group on IUU Fishing
described in paragraph \(3\)\(A\). Such Working Group shall
review the new evidence and vote on whether the vessel shall
remain on the IUU vessel list or not.
“\(5\) Public information.—The Secretary shall publish its
procedures for adding vessels on, and removing vessels from,
the IUU vessel list. The Secretary shall publish the IUU
vessel list itself in the Federal Register annually and on a
website, which shall be updated any time a vessel is added to
the IUU vessel list, and include the following information
\(as much as is available and confirmed\) for each vessel on
the IUU vessel list:
“\(A\) The name of the vessel and previous names of the
vessel.
“\(B\) The International Maritime Organization \(IMO\) number
of the vessel, or other Unique Vessel Identifier \(such as the
flag state permit number or authorized vessel number issued
by an international fishery management organization\).
“\(C\) The maritime mobile service identity number and call
sign of the vessel.
“\(D\) The business or corporate address of each beneficial
owner of the vessel.
“\(E\) The country where the vessel is registered or
documented, and where it was previously registered if known.
“\(F\) The date of inclusion on the IUU vessel list of the
vessel.
“\(G\) Any other Unique Vessel Identifier \(UVI\), if
applicable.
“\(H\) Any other identifying information on the vessel, as
determined appropriate by the Secretary.
“\(I\) The basis for the Secretary's inclusion of the vessel
on the IUU vessel list under paragraph \(2\).
“\(d\) Action.—The Secretary may take the action described
in subsection \(c\)\(2\) of this section in effect on the day
before the date of enactment of the Fighting Foreign Illegal
Seafood Harvests Act of 2025 against a vessel on the IUU
vessel list, the owner of such vessel, and the operator of
such vessel.
“\(e\) Permanency of IUU Vessel List.—
“\(1\) In general.—Except as provided in paragraph \(3\), a
vessel, fleet, or beneficial owner of a vessel or fleet that
is put on the IUU vessel list shall remain on the IUU vessel
list.
“\(2\) Application by owner for potential removal.—
“\(A\) In general.—In consultation with the Secretary of
State and the heads of other relevant agencies, the Secretary
may remove a vessel, fleet, or beneficial owner of a vessel
or fleet from the IUU vessel list if the beneficial owner of
the vessel submits an application for removal to the
Secretary that meets the standards that the Secretary has set
out for removal. The Secretary shall make such standards
publicly available.
“\(B\) Consideration of relevant information.—In
considering an application for removal, the Secretary shall
consider relevant information from all sources.
“\(3\) Removal due to international fishery management
organization action.—The Secretary may remove a vessel from
the IUU vessel list if the vessel was put on the list because
it was a vessel listed on an IUU vessel list of an
international fishery management organization, pursuant to
subsection \(c\)\(2\)\(A\), and the international fishery
management organization removed the vessel from its IUU
vessel list.
“\(f\) Regulations and Process.—Not later than 12 months
after the date of enactment of the Fighting Foreign Illegal
Seafood Harvests Act of 2025, the Secretary shall issue
regulations to set a process for establishing, maintaining,
implementing, and publishing the IUU vessel list. The
Administrator may add or remove a vessel, fleet, or
beneficial owner of a vessel or fleet from the IUU vessel
list on the date the vessel becomes eligible for such
addition or removal.
“\(g\) Definitions.—In this section:
“\(1\) Administrator.—Unless otherwise provided, the term
\`Administrator' means the Administrator of the National
Oceanic and Atmospheric Administration or the designee of the
Administrator.
“\(2\) Beneficial owner.—The term \`beneficial owner' means,
with respect to a vessel, a person that, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise—
“\(A\) exercises substantial control over the vessel; or
“\(B\) owns not less than 50 percent of the ownership
interests in the vessel.
“\(3\) Foreign vessel.—The term \`foreign vessel' has the
meaning given the term in section 110 of title 46, United
States Code\).
“\(4\) International fishery management organization.—The
term \`international fishery management organization' means an
international organization established by any bilateral or
multilateral treaty, convention, or agreement for the
conservation and management of fish.
“\(5\) IUU fishing.—The term \`IUU fishing' has the meaning
given the term \`illegal, unreported, or unregulated fishing'
in the implementing regulations or any subsequent regulations
issued pursuant to section 609\(e\).
“\(6\) Seafood.—The term \`seafood' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
“\(h\) Authorization of Appropriations.—There are
authorized to be appropriated to the Department of Commerce
to carry out this section $10,000,000 for each of fiscal
years 2025 through 2030.”.
SEC. \_\_5. VISA SANCTIONS FOR FOREIGN PERSONS.
\(a\) Foreign Persons Described.—A foreign person is
described in this subsection if the foreign person is the
owner or beneficial owner of a vessel on the IUU vessel list
developed under section 608\(c\) of the High Seas Driftnet
Fishing Moratorium Protection Act \(16 U.S.C. 1826i\(c\)\).
\(b\) Ineligibility for Visas, Admission, or Parole.—
\(1\) Visas, admission, or parole.—A foreign person
described in subsection \(a\) is—
\(A\) inadmissible to the United States;
\(B\) ineligible to receive a visa or other documentation to
enter the United States; and
\(C\) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(2\) Current visas revoked.—
\(A\) In general.—The visa or other entry documentation of a
foreign person described in subsection \(a\) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
\(B\) Immediate effect.—A revocation under subparagraph \(A\)
shall, in accordance with section 221\(i\) of the Immigration
and Nationality Act \(8 U.S.C. 1201\(i\)\)—
\(i\) take effect; and
\(ii\) cancel any other valid visa or entry documentation
that is in the person's possession.
\(c\) National Interest Waiver.—The President may waive the
imposition of sanctions under this section with respect to a
foreign person if doing so is in the national interest of the
United States.
\(d\) Exceptions.—
\(1\) Exceptions for authorized intelligence and law
enforcement activities.—This section shall not apply with
respect to activities subject to the reporting requirements
under title V of the National Security Act of 1947 \(50 U.S.C.
3091 et seq.\) or any authorized intelligence, law
enforcement, or national security activities of the United
States.
\(2\) Exception to comply with international agreements.—
Sanctions under subsection \(b\) shall not apply with respect
to the admission of an alien to the United States if such
admission is necessary to comply with the obligations of the
United States under the Agreement regarding the Headquarters
of the United Nations, signed at Lake Success June 26, 1947,
and entered into force November 21, 1947, between the United
Nations and the United States, or the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into
force March 19, 1967, or other international obligations.
\(3\) Exception for safety of vessels and crew.—Sanctions
under subsection \(b\) shall not apply with respect to a person
providing provisions to a vessel identified under section
608\(c\) of the High Seas Driftnet Fishing Moratorium
Protection Act \(16 U.S.C. 1826i\) if such provisions are
intended for the safety and care of the crew aboard the
vessel, or the maintenance of the vessel to avoid any
environmental or other significant damage.
\(4\) Exemptions.—Sanctions under subsection \(b\) shall not
apply with respect to a person described in subsection \(a\),
if such person was listed as the owner of a vessel described
in that subsection through the use of force, threats of
force, fraud, or coercion.
\(e\) Definitions.—In this section:
\(1\) Admission; admitted; alien; lawfully admitted for
permanent residence.—The terms “admission”, “admitted”,
“alien”, and “lawfully admitted for permanent residence”
have the meanings given those terms in section 101 of the
Immigration and Nationality Act \(8 U.S.C. 1101\).
\(2\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(3\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person in the United States.
SEC. \_\_6. AGREEMENTS.
\(a\) Presidential Negotiation.—In negotiating any relevant
agreement with a foreign nation or nations after the date of
enactment of this Act, the President is encouraged to
consider the impacts on or to IUU fishing and fishing that
involves the use of forced labor and strive to ensure that
the agreement strengthens efforts to combat IUU fishing and
fishing that involves the use of forced labor as long as such
considerations do not come at the expense of higher priority
national interests of the United States.
\(b\) Federal Government Encouragement.—The Federal
Government should encourage other nations to ratify treaties
and agreements that address IUU fishing to which the United
States is a party, including the High Seas Fishing Compliance
Agreement and the Port State Measures Agreement, and pursue
bilateral and multilateral initiatives to raise international
ambition to combat IUU fishing, including in the G7 and G20,
the United Nations, the International Labor Organization
\(ILO\), and the International Maritime Organization \(IMO\), and
through voluntary multilateral efforts, as long as clear
burden sharing arrangements with partner nations are
determined. The bilateral and multilateral initiatives should
address underlying drivers of IUU fishing and fishing that
involves the use of forced labor.
\(c\) Transparency for Non-binding Instruments Concluded
Under This Section.—Any memorandum of understanding or other
non-binding instrument to further the objectives of this
section shall be considered a qualifying non-binding
instrument for purposes of section 112b of title 1, United
States Code.
SEC. \_\_7. ENFORCEMENT PROVISIONS.
\(a\) Increase Boarding of Vessels Suspected of IUU
Fishing.—The Commandant of the Coast Guard shall strive to
increase, from year to year, its observation of vessels on
the high seas that are suspected of IUU fishing and related
harmful practices, and is encouraged to consider boarding
these vessels to the greatest extent practicable.
\(b\) Follow up.—The Administrator shall, in consultation
with the Commandant of the Coast Guard and the Secretary of
State, coordinate regularly with regional fisheries
management organizations to determine what corrective
measures each country has taken after vessels that are
registered or documented by the country have been boarded for
suspected IUU fishing.
\(c\) Report.—Not later than 3 years after the date of
enactment of this Act and in accordance with information
management rules of the relevant regional fisheries
management organizations, the Commandant of the Coast Guard
shall submit a report to Congress on—
\(1\) the total number of bilateral agreements utilized or
enacted during Coast Guard counter-IUU patrols and future
patrol plans for operations with partner nations
where bilateral agreements are required to effectively
execute the counter-IUU mission and any changes to IUU
provisions in bilateral agreements;
\(2\) incidents of IUU fishing observed while conducting High
Seas Boarding and Inspections \(HSBI\), how the conduct is
tracked after referral to the respective country where the
vessel is registered or documented, and what actions are
taken to document or otherwise act on the enforcement, or
lack thereof, taken by the country;
\(3\) the country where the vessel is registered or
documented, the country where the vessel was previously
registered and documented if known, and status of a vessel
interdicted or observed to be engaged in IUU fishing on the
high seas by the Coast Guard;
\(4\) incident details on vessels observed to be engaged in
IUU fishing on the high seas, boarding refusals, and what
action was taken; and
\(5\) any other potential enforcement actions that could
decrease IUU fishing on the high seas.
SEC. \_\_8. IMPROVED MANAGEMENT AT THE REGIONAL FISHERIES
MANAGEMENT ORGANIZATIONS.
\(a\) Interagency Working Group on IUU Fishing.—Section
3551\(c\) of the Maritime SAFE Act \(16 U.S.C. 8031\(c\)\) is
amended—
\(1\) in paragraph \(13\), by striking “and” after the
semicolon;
\(2\) in paragraph \(14\), by striking the period at the end
and inserting a semicolon; and
\(3\) by adding at the end the following:
“\(15\) developing a strategy for leveraging enforcement
capacity against IUU fishing, particularly focusing on
nations identified under section 609\(a\) of the High Seas
Driftnet Fishing Moratorium Protection Act \(16 U.S.C.
1826j\(a\)\); and
“\(16\) developing a strategy for leveraging enforcement
capacity against associated abuses, such as fishing that
involves the use of forced labor and other illegal labor
practices, and increasing relevant enforcement, using as
resources—
“\(A\) the List of Goods Produced by Child Labor or Forced
Labor produced pursuant to section 105 of the Trafficking
Victims Protection Reauthorization Act of 2005 \(22 U.S.C.
7112\);
“\(B\) the Trafficking in Persons Report required under
section 110 of the Trafficking Victims Protection Act of 2000
\(22 U.S.C. 7107\);
“\(C\) United States Customs and Border Protection's Forced
Labor Division and enforcement activities and regulations
authorized under section 307 of the Tariff Act of 1930 \(19
U.S.C. 1307\); and
“\(D\) reports submitted under the Uyghur Human Rights
Policy Act of 2020 \(Public Law 116-145\).”.
\(b\) Secretary of State Identification.—The Secretary of
State, in coordination with the Commandant of the Coast Guard
and the Administrator, shall—
\(1\) identify regional fisheries management organizations
that the United States is party to that do not have a high
seas boarding and inspection program; and
\(2\) identify obstacles, needed authorities, or existing
efforts to increase implementation of these programs, and
take action as appropriate.
SEC. \_\_9. STRATEGIES TO OPTIMIZE DATA COLLECTION, SHARING,
AND ANALYSIS.
Section 3552 of the Maritime SAFE Act \(16 U.S.C. 8032\) is
amended by adding at the end:
“\(c\) Strategies to Optimize Data Collection, Sharing, and
Analysis.—Not later than 3 years after the date of enactment
of the Fighting Foreign Illegal Seafood Harvests Act of 2025,
the Working Group shall identify information and resources to
prevent fish and fish products from IUU fishing and fishing
that involves the use of forced labor from negatively
affecting United States commerce without increasing burdens
on seafood not produced from IUU fishing. The report shall
include the following:
“\(1\) Identification of relevant data streams collected by
Working Group members.
“\(2\) Identification of legal, jurisdictional, or other
barriers to the sharing of such data.
“\(3\) In consultation with the Secretary of Defense,
recommendations for joint enforcement protocols,
collaboration, and information sharing between Federal
agencies and States.
“\(4\) Recommendations for sharing and developing forensic
resources between Federal agencies and States.
“\(5\) Recommendations for enhancing capacity to conduct
more effective field investigations and enforcement efforts
with U.S. state enforcement officials.
“\(6\) Recommendations for improving data collection and
automated risk-targeting of seafood.
“\(7\) Recommendations for the dissemination of IUU fishing
and fishing that involves the use of forced labor analysis
and information to those governmental and non-governmental
entities that could use it for action and awareness, with the
aim to establish an IUU fishing information sharing center.
“\(8\) Recommendations for an implementation strategy,
including measures for ensuring that seafood not linked to
IUU fishing and fishing that involves the use of forced labor
is not affected.
“\(9\) An analysis of the IUU fishing policies and
regulatory regimes of other countries in order to develop
policy and regulatory alternatives for United States
consideration.”.
SEC. \_\_10. INVESTMENT AND TECHNICAL ASSISTANCE IN THE
FISHERIES SECTOR.
\(a\) In General.—The Secretary of State and the Secretary
of Commerce, in consultation with the heads of relevant
agencies, are encouraged to increase support to programs that
provide technical assistance, institutional capacity, and
investment to nations' fisheries sectors for sustainable
fisheries management and combating IUU fishing and fishing
involving the use of forced labor. The focus of such support
is encouraged to be on priority regions and priority flag
states identified under section 3552\(b\) of the Maritime SAFE
Act \(16 U.S.C. 8032\(b\)\).
\(b\) Analysis of US Capacity-building Expertise and
Resources.—In order to maximize efforts on preventing IUU
fishing at its sources, the Interagency Working Group on IUU
Fishing established under section 3551 of the Maritime SAFE
Act \(16 U.S.C. 8031\) shall analyze United States capacity-
building expertise and resources to provide support to
nations' fisheries sectors. This analysis may include an
assessment of potential avenues for in-country public-private
collaboration and multilateral collaboration on developing
local fisheries science, fisheries management, maritime
enforcement, and maritime judicial capabilities.
SEC. \_\_11. STRATEGY TO IDENTIFY SEAFOOD AND SEAFOOD PRODUCTS
FROM FOREIGN VESSELS USING FORCED LABOR.
The Secretary, in coordination with the heads of other
relevant agencies, shall—
\(1\) develop a strategy for utilizing relevant United States
Government data to identify seafood harvested on foreign
vessels using forced labor; and
\(2\) publish information regarding the strategy developed
under paragraph \(1\) on a publicly accessible website.
SEC. \_\_12. REPORTS.
\(a\) Impact of New Technology.—Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, with support from the Administrator and the Working
Group established under section 3551 of the Maritime SAFE Act
\(16 U.S.C. 8031\), shall conduct a study to assess the impact
of new technology \(such as remote observing, the use of
drones, development of risk assessment tools and data-sharing
software, immediate containerization of fish on fishing
vessels, satellite Wi-Fi technology on fishing vessels, and
other technology-enhanced new fishing practices\) on IUU
fishing and associated crimes \(such as trafficking and
fishing involving the use of forced labor\) and propose ways
to integrate these technologies into global fisheries
enforcement and management.
\(b\) Russian and Chinese Fishing Industries' Influence on
Each Other and on the United States Seafood and Fishing
Industry.—Not later than 2 years after the date of enactment
of this Act, the Secretary of State, with support from the
Secretary of Commerce, shall—
\(1\) conduct a study on the collaboration between the
Russian and Chinese fishing industries and on the role of
seafood reprocessing in China \(including that of raw
materials originating in Russia\) in global seafood markets
and its impact on United States interests; and
\(2\) complete a report on the study that includes classified
and unclassified portions, as the Secretary of State
determines necessary.
\(c\) Fishermen Conducting Unlawful Fishing in the Exclusive
Economic Zone.—Section 3551 of the Maritime SAFE Act \(16
U.S.C. 8031\) is amended by adding at the end the following:
“\(d\) The Impacts of IUU Fishing and Fishing Involving the
Use of Forced Labor.—
“\(1\) In general.—The Administrator, in consultation with
relevant members of the Working Group, shall seek to enter
into an arrangement with the National Academies of Sciences,
Engineering, and Medicine under which the National Academies
will undertake a multifaceted study that includes the
following:
“\(A\) An analysis that quantifies the occurrence and extent
of IUU fishing and fishing involving the use of forced labor
among all flag states.
“\(B\) An evaluation of the costs to the United States
economy of IUU fishing and fishing involving the use of
forced labor.
“\(C\) An assessment of the costs to the global economy of
IUU fishing and fishing involving the use of forced labor.
“\(D\) An assessment of the effectiveness of response
strategies to counter IUU fishing, including both domestic
programs and foreign capacity-building and partnering
programs.
“\(2\) Authorization of appropriations.—There is authorized
to be appropriated to carry out this subsection
$2,000,000.”.
\(d\) Report.—Not later than 24 months after the date of
enactment of this Act, the Administrator shall submit to
Congress a report on the study conducted under subsection \(d\)
of section 3551 of the Maritime SAFE Act that includes—
\(1\) the findings of the National Academies; and
\(2\) recommendations on knowledge gaps that warrant further
scientific inquiry.
SEC. \_\_13. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL SEA
GRANT COLLEGE PROGRAM.
Section 212\(a\) of the National Sea Grant College Program
Act \(33 U.S.C. 1131\(a\)\) is amended—
\(1\) in paragraph \(1\), by striking “for fiscal year 2025”
and inserting “for each of fiscal years 2025 through 2031”;
and
\(2\) in paragraph \(2\)—
\(A\) in the paragraph heading, by striking “for fiscal
years 2021 through 2025”; and
\(B\) in the matter preceding subparagraph \(A\), by striking
“fiscal years 2021 through 2025” and inserting “fiscal
years 2026 through 2031”.
SEC. \_\_14. EXCEPTION RELATED TO THE IMPORTATION OF GOODS.
\(a\) In General.—The authorities and requirements provided
in this subtitle, and the amendments made by this subtitle,
shall not include any authority or requirement to impose
sanctions on the importation of goods or related to sanctions
on the importation of goods.
\(b\) Good Defined.—In this section, the term “good”—
\(1\) means any article, natural or man-made substance,
material, supply or manufactured product, including
inspection and test equipment; and
\(2\) excludes technical data.
SEC. \_\_15. RULE OF CONSTRUCTION.
Nothing in this subtitle shall be construed to limit the
authority under, or otherwise affect, a provision of law
that—
\(1\) is in effect on the date of enactment of this Act; and
\(2\) is not amended by this subtitle.
SA 6129. Mr. HAGERTY \(for himself and Mr. Gallego\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . INNOVATE TO DE-ESCALATE MODERNIZATION ACT.
\(a\) Short Title.—This section may be cited as the
“Innovate to De-Escalate Modernization Act”.
\(b\) Exemption of Certain Less-than-lethal Projectile
Devices From Restrictions Under Title 18, United States
Code.—
Section 921\(a\) of title 18, United States Code, is
amended—
\(1\) in the second sentence of paragraph \(3\), by inserting
“or a less-than-lethal projectile device” before the
period; and
\(2\) by adding at the end the following:
“\(38\)\(A\) The term \`less-than-lethal projectile device'
means a device that—
“\(i\) is not designed or intended to expel, and may not be
readily converted to accept and discharge—
“\(I\) ammunition commonly used in handguns, rifles, or
shotguns; or
“\(II\) any other projectile at a velocity exceeding 500
feet per second;
“\(ii\) is designed and intended to be used in a manner that
is not likely to cause death or serious bodily injury; and
“\(iii\) does not accept, and is not able to be readily
modified to accept, an ammunition feeding device—
“\(I\) loaded through the inside of a pistol grip; or
“\(II\) commonly used in semiautomatic firearms.
“\(B\) If a person requests that the Attorney General
determine whether a device satisfies the definition of \`less-
than-lethal projectile device' under subparagraph \(A\), the
Attorney General shall make the determination not later than
90 days after the date on which the Attorney General receives
the device pursuant to the request.”.
SA 6130. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ANTI-GAG PROVISION.
Section 2302\(a\)\(2\)\(C\)\(i\) of title 5, United States Code, is
amended by inserting “or in the case of a nondisclosure
policy, form, or agreement described under subsection
\(b\)\(13\)” after “\(D\)”.
SA 6131. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF CERTAIN
AIRCRAFT PROVIDED BY GOVERNMENT OF QATAR.
\(a\) Review.—The Comptroller General of the United States
shall conduct a review of the donation of a luxury aircraft,
incorporated into the United States executive airlift fleet
as the VC-25B Bridge aircraft, from the Government of Qatar
to the United States Air Force, including an analysis of the
circumstances of the gift, any conflicts of interest, and the
total cost to the United States.
\(b\) Elements.—The review conducted under subsection \(a\)
shall include the following:
\(1\) An analysis of the circumstances surrounding the
agreement between the Government of Qatar and United States
for the donation of the aircraft, including an assessment of
any conflicts of interest, explicit or implicit conditions,
and side agreements, and whether such actions constituted the
solicitation of a gift.
\(2\) An analysis of the terms of the memorandum of
understanding signed by United States and Qatari officials to
formalize the donation, including an assessment of any
conflicts of interest, explicit or implicit conditions, and
side agreements.
\(3\) An accounting of the full monetary value of the
aircraft and associated equipment donated from the Government
of Qatar to the United States Air Force.
\(4\) An accounting of the full cost to the United States
Government for upgrading and retrofitting the aircraft for
delivery to the executive airlift fleet, including the cost
of modifications, testing, accelerated delivery schedule, and
additional aircraft or other equipment purchased, leased, or
used in support of aircraft delivery, testing, and operation.
\(5\) An analysis of—
\(A\) the funding sources used to pay for the activities
described in paragraph \(4\); and
\(B\) any impacts on other national security programs due to
diversion of funding, Government or contractor workforce, or
other resources.
\(6\) An analysis of national security concerns related to
the VC-25B Bridge aircraft following the truncated period of
retrofitting, modifying, and testing the aircraft for
delivery.
\(7\) A consideration of the legality and constitutionality
of the acceptance by the United States Government of this
foreign gift under the Foreign Emoluments Clause of the
Constitution of the United States, section 7342 of title 5,
United States Code, and other related United States statutes.
\(8\) Recommendations for improvements to United States
statute related to accepting foreign gifts and luxury
aircraft to minimize conflicts of interest, corruption, and
frivolous use of American taxpayer dollars for the personal
benefit of United States officials.
\(c\) Submission of Report.—Not later than 90 days after the
date of enactment of this Act, the Comptroller General of the
United States shall submit to the congressional defense
committees a report on the findings of the review conducted
under subsection \(a\).
SA 6132. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. PROHIBITION ON CERTAIN TRANSFERS OF AIRCRAFT
PROVIDED BY GOVERNMENT OF QATAR.
No aircraft provided by the Government of Qatar to the
United States Air Force may be transferred from the United
States executive airlift fleet to any individual or entity
\(including a Presidential library\), or otherwise made
available, for the personal use of any President, any family
member of a President, or any other associate of a President
before or after the Presidential term of that President
concludes.
SA 6133. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
Section 106 of title 38, United States Code, is amended by
adding at the end the following new subsection:
“\(g\)\(1\)\(A\) Service as a member of the United States Cadet
Nurse Corps during the period beginning on July 1, 1943, and
ending on December 31, 1948, of any individual who was
honorably discharged therefrom pursuant to subparagraph \(B\)
shall be considered active duty for purposes of eligibility
and entitlement to benefits under chapters 23 and 24 of this
title \(including with respect to headstones and markers\),
other than such benefits relating to the interment of the
individual in Arlington National Cemetery provided solely by
reason of such service.
“\(B\)\(i\) Not later than one year after the date of the
enactment of this subsection, the
Secretary of Defense shall issue to each individual who
served as a member of the United States Cadet Nurse Corps
during the period beginning on July 1, 1943, and ending on
December 31, 1948, a discharge from such service under
honorable conditions if the Secretary determines that the
nature and duration of the service of the individual so
warrants.
“\(ii\) A discharge under clause \(i\) shall designate the
date of discharge. The date of discharge shall be the date,
as determined by the Secretary, of the termination of service
of the individual concerned as described in that clause.
“\(2\) An individual who receives a discharge under
paragraph \(1\)\(B\) for service as a member of the United States
Cadet Nurse Corps shall be honored as a veteran but shall not
be entitled by reason of such service to any benefit under a
law administered by the Secretary of Veterans Affairs, except
as provided in paragraph \(1\)\(A\).
“\(3\) The Secretary of Defense may design and produce a
service medal or other commendation, or memorial plaque or
grave marker, to honor individuals who receive a discharge
under paragraph \(1\)\(B\).”.
SA 6134. Ms. WARREN \(for herself, Ms. Cortez Masto, and Mr. Moran\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 549F. WITHHOLDING OF FUNDING FOR THE OFFICE OF THE UNDER
SECRETARY OF DEFENSE FOR PERSONNEL AND
READINESS UNTIL COMPLETION OF THE PUBLIC
SERVICE LOAN FORGIVENESS DATA MATCH.
Not more than 90 percent of the amounts appropriated or
otherwise made available for fiscal year 2027 for the Office
of the Under Secretary of Defense for Personnel and Readiness
may be obligated or expended until the Secretary of Defense
and the Secretary of Education jointly complete the data
matching process required under section 559B of the National
Defense Authorization Act for Fiscal Year 2025 \(Public Law
118-159; 20 U.S.C. 1087e note\).
SA 6135. Mr. KELLY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. AUTHORIZATION FOR POSTHUMOUS AWARD OF MEDAL OF
HONOR TO ROBERT A. LODGE FOR ACTS OF VALOR.
\(a\) Authorization.—Notwithstanding the time limitations
specified in section 9274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 9271 of
such title to Robert A. Lodge for the acts of valor described
in subsection \(b\).
\(b\) Acts of Valor Described.—The acts of valor described
in this subsection are the actions of Robert A. Lodge as a
Major in the Air Force on May 10, 1972.
SA 6136. Ms. DUCKWORTH \(for herself and Mr. Durbin\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28\_\_. PROHIBITION ON USE OF MILITARY CONSTRUCTION FUNDS
TO DETAIN MIGRANTS.
Notwithstanding any other provision of law, none of the
funds authorized to be appropriated or otherwise made
available by this Act for military construction purposes may
be used to construct, renovate, or expand any facility for
the purposes of detention of migrants by the Department of
Defense or to facilitate detention of migrants by the
Department of Homeland Security, including by housing
personnel of the Department of Homeland Security.
SA 6137. Ms. DUCKWORTH \(for herself and Mr. Durbin\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. LIMITATION ON PROVISION OF SUPPORT BY ARMED FORCES
TO CIVILIAN LAW ENFORCEMENT ACTIVITIES.
\(a\) In General.—Chapter 15 of title 10, United States
Code, is amended by inserting after section 274 the following
new section:
“Sec. 274a. Limitation on provision of support
“\(a\) In General.—The Secretary of Defense may provide
support under section 272, 273, or 274 of this title only if
the President first submits to Congress a notification and
written justification for the support that includes—
“\(1\) the agency to which the support is provided;
“\(2\) the budget, implementation timeline with milestones,
anticipated delivery schedule, and completion date for the
purpose or project for which the support is provided;
“\(3\) the source and planned expenditure of funds provided
for such purpose or project;
“\(4\) a description of the arrangements, if any, for the
sustainment of such purpose or project and the source of
funds to support sustainment of the capabilities and
performance outcomes achieved using the support, if
applicable;
“\(5\) a description of the objectives for such purpose or
project and an evaluation framework to be used to develop
capability and performance metrics associated with
operational outcomes for the recipient of the support; and
“\(6\) information, including the amount, type, and purpose,
about the support provided to the agency during the three
fiscal years preceding the fiscal year for which the support
covered by the notification and justification is provided.
“\(b\) Limitation on Timing.—
“\(1\) In general.—The Secretary of Defense may not provide
support under section 272, 273, or 274 of this title for a
period that exceeds 30 days unless a joint resolution of
approval is enacted that approves the provision of such
support for a longer period.
“\(2\) Joint resolution of approval.—In this subsection,
the term \`joint resolution of approval' means only a joint
resolution of either House of Congress—
“\(A\) the title of which is as follows: \`A joint resolution
approving the provision by the Department of Defense of
support to civilian law enforcement for a period of more than
30 days.'; and
“\(B\) the sole matter after the resolving clause of which
is the following: \`Congress approves of the provision of
support under section 272, 273, or 274 of title 10, United
States Code, with respect to for a period not to
exceed .', with the first blank space being filled with
a short description of the proposed action and the second
blank space being filled with the appropriate period
following the date of adoption of the resolution.
“\(3\) Introduction.—A joint resolution of approval may be
introduced—
“\(A\) in the Senate, by the majority leader \(or the
majority leader's designee\) or the minority leader \(or the
minority leader's designee\); and
“\(B\) in the House of Representatives, by the majority
leader or the minority leader.
“\(4\) Consideration in the senate.—
“\(A\) Committee referral.—A joint resolution of approval
introduced in the Senate shall be referred to the Committee
on Armed Services.
“\(B\) Reporting and discharge.—If the Committee on Armed
Services has not reported a joint resolution of approval
within 10 calendar days after the date of referral of the
joint resolution, that committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be placed on the appropriate calendar.
“\(C\) Proceeding to consideration.—Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the Committee on Armed Services reports a
joint resolution of approval to the Senate or has been
discharged from consideration of such a joint resolution
\(even though a previous motion to the same effect has been
disagreed to\) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution \(and against consideration of the joint
resolution\) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
“\(D\) Approval of resolution.—Approval by the Senate of a
joint resolution of approval shall require the affirmative
vote of three-fifths of Members of the Senate, duly chosen
and sworn.
“\(E\) Rulings of the chair on procedure.—Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution of approval shall be decided
without debate.
“\(F\) Consideration of veto messages.—Debate in the Senate
of any veto message with respect to a joint resolution of
approval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be
equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
“\(5\) Floor consideration in house of representatives.—If
a committee of the House of Representatives to which a joint
resolution of approval has been referred has not reported the
joint resolution within 10 calendar days after the date of
referral, that committee shall be discharged from further
consideration of the joint resolution.
“\(6\) Rules relating to senate and house of
representatives.—
“\(A\) Treatment of house joint resolution in senate.—
“\(i\) Receipt before passage of senate resolution.—If,
before the passage by the Senate of a joint resolution of
approval, the Senate receives an identical joint resolution
from the House of Representatives, the following procedures
shall apply:
“\(I\) That joint resolution shall not be referred to a
committee.
“\(II\) With respect to that joint resolution—
“\(aa\) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House of
Representatives; but
“\(bb\) the vote on passage shall be on the joint resolution
from the House of Representatives.
“\(ii\) Receipt following passage of senate resolution.—If,
following passage of a joint resolution of approval in the
Senate, the Senate receives an identical joint resolution
from the House of Representatives, that joint resolution
shall be placed on the appropriate Senate calendar.
“\(iii\) No companion resolution.—If a joint resolution of
approval is received from the House, and no companion joint
resolution has been introduced in the Senate, the Senate
procedures under this subsection shall apply to the House
joint resolution.
“\(B\) Treatment of senate joint resolution in house.—In
the House of Representatives, the following procedures shall
apply to a joint resolution of approval received from the
Senate \(unless the House has already passed a joint
resolution relating to the same proposed action\):
“\(i\) The joint resolution shall be referred to the
Committee on Armed Services.
“\(ii\) If the Committee on Armed Services has not reported
the joint resolution within 2 calendar days after the date of
referral, that committee shall be discharged from further
consideration of the joint resolution.
“\(iii\) Beginning on the third legislative day after the
Committee on Armed Services reports the joint resolution to
the House or has been discharged from further consideration
thereof, it shall be in order to move to proceed to consider
the joint resolution in the House. All points of order
against the motion are waived. Such a motion shall not be in
order after the House has disposed of a motion to proceed on
the joint resolution. The previous question shall be
considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
“\(iv\) The joint resolution shall be considered as read.
All points of order against the joint resolution and against
its consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except 2 hours of debate
equally divided and controlled by the sponsor of the joint
resolution \(or a designee\) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
“\(C\) Application to revenue measures.—The provisions of
this paragraph shall not apply in the House of
Representatives to a joint resolution of approval that is a
revenue measure.
“\(7\) Rules of senate and house of representatives.—This
subsection is enacted by Congress—
“\(A\) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
“\(B\) with full recognition of the constitutional right of
either House to change the rules \(so far as relating to the
procedure of that House\) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.”.
\(b\) Clerical Amendment.—The table of sections at the
beginning of chapter 15 of such title is amended by inserting
after the item relating to section 274 the following new
item:
“274a. Limitation on provision of support.”.
\(c\) Conforming Amendments.—
\(1\) Use of military equipment.—Section 272 of title 10,
United States Code, is amended by inserting “section 274a of
this title and” after “in accordance with”.
\(2\) Training and advising civilian law enforcement
officials.—Section 273 of title 10, United States Code, is
amended by inserting “section 274a of this title and” after
“in accordance with”.
\(3\) Maintenance and operation of equipment.—Section 274 of
title 10, United States Code, is amended by inserting
“section 274a of this title and” after “in accordance
with” each place it appears.
SA 6138. Ms. DUCKWORTH \(for herself and Mr. Durbin\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. REPORT ON DOMESTIC DEPLOYMENTS.
\(a\) In General.—None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2027 may be obligated or expended for any
domestic deployment of members of the Armed Forces until the
Secretary of Defense submits to the congressional defense
committees a report on the manner in which the domestic
deployments of members of the Armed Forces since January 20,
2025, affect the military readiness of the Armed Forces,
except such obligations and expenditures for—
\(1\) deployments along the southwest border of the United
States;
\(2\) deployments in response to the request or explicit
consent of the governor of the destination State;
\(3\) deployments in response to the request or explicit
consent of the Chief Executive of an Indian Tribal Government
of the tribal land to which the Armed Forces are deployed; or
\(4\) deployments to the District of Columbia in response to
the request or explicit consent of the Mayor of the District
of Columbia.
\(b\) Elements.—The report referred to in subsection \(a\)
shall include, with respect to such operations and
activities, the following elements:
\(1\) A detailed assessment and evaluation of the authorities
used for each domestic deployment.
\(2\) A list of domestic deployments, together with a copy of
the order authorizing each such deployment, including—
\(A\) start and end dates;
\(B\) the number of servicemembers deployed;
\(C\) the geographic location;
\(D\) the activities, services and resources requested in
each request;
\(E\) whether State authorities were informed of the number
of troops, their projected activities and roles, and
locations prior to their arrival;
\(F\) whether memoranda of understanding \(MOUs\) or
interagency agreements were executed with State or local
authorities;
\(G\) whether any rules of engagement or use of force
policies were modified from standard domestic deployment
policies;
\(H\) the number of use of force incidents, detentions, or
arrests in which servicemembers participated or directly
assisted; and
\(I\) whether any servicemembers were subject to disciplinary
action arising from their deployment activities.
\(3\) An assessment of impacts to military readiness,
including servicemember morale, personnel loss, and
reputational harm.
\(4\) A detailed assessment on the impact domestic
deployments have on domestic issues in the cities they occur,
including crime statistics, civil unrest, homelessness, and
civil immigration enforcement.
\(5\) An detailed assessment and evaluation of the training
members of the Armed Forces receive prior to their domestic
deployment, including any recommended changes to the current
training.
\(6\) A detailed assessment of the individual cost of each
domestic deployments, whether terminated or still ongoing,
including the personnel cost, equipment cost, and financial
cost.
\(7\) A list of the number of requests for domestic
deployments approved, the number of waivers of any
requirements granted, the number of requests undergoing
review, and the number of requests not approved.
\(c\) Ongoing Reporting.—Not later than 90 days after
submitting the report described under subsection \(a\), and
every 90 days thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report
providing the information described in subsection \(b\) for the
relevant reporting period.
SA 6139. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 845.
Strike section 1217 and insert the following:
SEC. 1217. STUDY ON ISRAEL DEFENSE TECHNOLOGY COOPERATION
INITIATIVE.
\(a\) Study Required.—The Secretary of Defense, along with
the Director of National Intelligence, shall conduct a
feasibility study on synchronizing bilateral defense
technology cooperative efforts between the United States and
Israel.
\(b\) Elements.—The study under required under subsection
\(a\) shall include the following:
\(1\) A cost-benefit analysis, including the projected fiscal
costs, of establishing an initiative to expand and accelerate
bilateral defense technology research, development, testing,
evaluation, integration, and industrial cooperation with
Israel including by—
\(A\) identifying jointly developed or Israeli-origin
technologies with operational utility for integration into
United States systems and programs of record;
\(B\) conducting collaborative research initiatives involving
government, private sector, and academic institutions in the
United States and Israel, in a manner that protects sensitive
technology and information and the national security
interests of the United States and Israel;
\(C\) facilitating the transition of technologies from
research and development into procurement and acquisition
pathways;
\(D\) establishing frameworks for joint ventures, licensing
agreements, and United States based co-production or
manufacturing partnerships with Israeli industry;
\(E\) coordinating with relevant Department of Defense
components, including the Irregular Warfare Technical Support
Directorate, capability development and innovation divisions,
the Defense Innovation Unit, the United States-Israel
Operations Technology Working Group, the Defense Advanced
Research Projects Agency, the Missile Defense Agency, the
United States Space Command, and the military services, to
align efforts and avoid duplication; and
\(F\) promoting joint training exercises and information-
sharing mechanisms to enhance operational readiness to deploy
jointly developed technologies.
\(2\) An evaluation of whether and how United States national
security interests are served through the elements described
in paragraph \(1\) on domain areas described in subsection \(c\)
and how those determinations were made.
\(3\) An analysis of existing initiatives to expand and
accelerate bilateral defense technology research,
development, testing, evaluation, integration, and industrial
cooperation with NATO countries, Japan, the United Kingdom,
Australia, and any other treaty allies in domain areas
described in subsection \(c\).
\(4\) An assessment of existing cooperation with Israel on
any bilateral defense technology research, development,
testing, evaluation, integration, coproduction agreements,
and industrial cooperation on domain areas described in
subsection \(c\), including whether any jointly developed
technologies or systems allow one of the parties to prevent
the other from using or transferring the technology.
\(5\) An assessment of counterintelligence risks associated
with entering into any bilateral defense technology research,
development, testing, evaluation, integration, and industrial
cooperation with Israel on the domain areas referenced in
subsection \(c\).
\(c\) Domain Areas.—Specific efforts for expansion to be
analyzed in the study required under subsection \(a\) should
include the following domain areas:
\(1\) Counter-Unmanned Systems, including aerial, maritime,
and ground platforms.
\(2\) Anti-tunneling and subterranean threats.
\(3\) Missile and air defense technologies, including Golden
Dome for America.
\(4\) Artificial intelligence, quantum, machine learning, and
autonomous systems.
\(5\) Directed energy and advanced sensing.
\(6\) Cyber defense, electronic warfare, and digital
resilience.
\(7\) Biotechnology, biomanufacturing, and medical defense.
\(8\) Network integration, data fusion, and contested
logistics.
\(9\) Defense industrial base cooperation, manufacturing, and
co-production.
\(10\) Other emerging technologies as jointly agreed by the
United States and Israel.
\(d\) Report.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees an
unclassified report on the results of the study conducted
under this section.
\(2\) Appropriate congressional committees defined.—In this
subsection, the term “appropriate congressional committees”
means—
\(A\) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
\(B\) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SA 6140. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1217.
SA 6141. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. PROHIBITION ON SALE, EXPORT, OR TRANSFER OF MAJOR
DEFENSE EQUIPMENT TO CERTAIN COUNTRIES.
\(a\) In General.—No sale, export, or transfer of major
defense equipment \(as defined in section 47 of the Arms
Export Control Act \(22 U.S.C. 2794\)\) may be provided to any
country that the President identifies as supporting the Rapid
Support Forces or the Sudanese Armed Forces through provision
of materiel or other resources or equipment.
\(b\) Waiver.—The President may waive the prohibition under
subsection \(a\) on a case-by-case basis if the President—
\(1\) determines such a waiver is vital to the national
interests of the United States; and
\(2\) not more than 15 days after issuing the waiver, submits
to the appropriate congressional committees a notification of
the waiver and a detailed description and justification for
the utilization of the waiver.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
\(2\) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SA 6142. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. LIMITATION ON SALES AND EXPORTS OF COVERED DEFENSE
ARTICLES TO THE UNITED ARAB EMIRATES.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may not sell or issue a license for
the export of covered defense articles under the Arms Export
Control Act \(22 U.S.C. 2751 et seq.\) to the United Arab
Emirates, or any agency or instrumentality of the United Arab
Emirates, until the President certifies to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that the United Arab
Emirates is not providing materiel support to the Rapid
Support Forces in Sudan.
\(b\) Covered Defense Articles Defined.—In this section, the
term “covered defense articles” means articles listed under
Category I, II, III, IV, V, VI, VII, VIII, XIV, XVI, XVII, or
XVIII of the United States Munitions List in part 121 of
title 22, Code of Federal Regulations.
SA 6143. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 845, add the following:
\(d\) Limitation.—No funds authorized to be appropriated by
this Act for the Department of Defense may be made available
for the implementation of section 1217 until the feasibility
study required under subsection \(a\) and the briefing required
under subsection \(c\) have been provided to the Committees on
Armed Services of the Senate and the House of
Representatives.
SA 6144. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 845.
Strike section 1217.
SA 6145. Mr. COONS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department
### of Defense, for military construction, and for defense activities of
the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Global Fragility Strategy
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Global Fragility
Reauthorization Act”.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that the security, stability,
and prosperity of the United States would be more effectively
achieved by fully implementing the requirements under section
506 of the Global Fragility Act \(22 U.S.C. 9805\)—
\(1\) to align and integrate development, diplomatic,
defense, and other relevant United States Government tools
with the Global Fragility Strategy, including all forms of
diplomatic engagement, private sector engagement, and
security cooperation; and
\(2\) to incorporate the Global Fragility Strategy into all
United States plans and strategies for relevant countries and
regions to ensure consistent policy direction based on clear
goals and objectives.
SEC. 1273. STATEMENT OF POLICY.
It is the policy of the United States to seek to prevent
violence and fragility globally in order to increase the
security, stability, and prosperity of the United States,
including by—
\(1\) ensuring that all relevant Federal departments and
agencies coordinate to achieve coherent, long-term goals for
programs designed to carry out such policy;
\(2\) seeking to improve global, regional, and local
coordination of relevant international and multilateral
development and donor organizations regarding efforts to
carry out such policy; and
\(3\) enhancing the effectiveness of United States foreign
assistance programs and activities to carry out such policy,
including by improving assessment, monitoring, and evaluation
conducted by the relevant Federal departments and agencies.
SEC. 1274. CONTINUED IMPLEMENTATION OF THE GLOBAL FRAGILITY
STRATEGY.
\(a\) In General.—The President, in carrying out section 507
of the Global Fragility Act of 2019 \(22 U.S.C. 9806\),
including implementing the 10-year plans developed pursuant
to section 506 of such Act \(22 U.S.C. 9805\)—
\(1\) shall discontinue the implementation of the Global
Fragility Strategy in Haiti and Libya, which no longer meet
the criteria required for priority country status under
section 505\(a\) of such Act \(22 U.S.C. 9804\(a\)\);
\(2\) shall continue implementing the Global Fragility
Strategy in Coastal West Africa, Mozambique, and Papua New
Guinea, unless they meet the criteria outlined in section
505\(d\)\(1\) of such Act, as added by subsection \(b\), for
discontinuing programming; and
\(3\) shall notify the appropriate congressional committees
not later than 30 days before adding a new country or region
included in section 505\(c\)\(1\) of such Act, as added by
subsection \(b\), to the list of countries and regions
designated as priority countries and priority regions under
section 505 of such Act \(22 U.S.C. 9804\).
\(b\) Selection of New Priority Countries.—Section 505 of
the Global Fragility Act of 2019 \(22 U.S.C. 9804\) is amended
by adding at the end the following:
“\(c\) Selection of New Priority Countries.—
“\(1\) Authorization.—During the 1 year period beginning on
the date of the enactment of the Global Fragility
Reauthorization Act, the President—
“\(A\) shall select at least 1 additional priority country
or region; and
“\(B\) should consider, in making such selection—
“\(i\) Ecuador;
“\(ii\) a region composed of Guyana, Suriname, and Trinidad
and Tobago;
“\(iii\) Vanuatu;
“\(iv\) a region composed of Pacific Island countries;
“\(v\) Lebanon; and
“\(vi\) a region composed of Nepal and Bangladesh.
“\(2\) Report.—Not later than 30 days before designating a
country as a priority country pursuant to paragraph \(1\), the
President shall submit a report to the appropriate
congressional committees that describes the criteria used to
select such country as a priority country.
“\(d\) Discontinuance of Programming in Countries.—The
Department of State is not obligated to continue programming
to implement a country or regional plan described in section
506 if the Secretary of State, after consultation with
relevant Federal departments or agencies certifies to the
appropriate congressional committees that—
“\(1\) such country or region no longer meets the indicators
required for designation as a priority country or region set
forth in subsection \(a\)\(1\); and
“\(2\) the President has selected a new country or region
pursuant to subsection \(c\)\(1\) for each country or region in
which programming is discontinued pursuant to this
subsection.
“\(e\) Continuation of Programming.—The Department of State
shall sustain programming for at least 3 priority countries
or regions.”.
SEC. 1275. ANNUAL GLOBAL FRAGILITY ACT STEERING COMMITTEE
MEETING ON POLICY ALIGNMENT.
\(a\) In General.—Section 506 of the Global Fragility Act of
2019 \(22 U.S.C. 9805; title V of division J of Public Law
116-94\) is amended—
\(1\) by striking “Not later than” and inserting the
following:
“\(a\) In General.—Not later than”; and
\(2\) by adding at the end the following:
“\(b\) Annual Meetings.—
“\(1\) In general.—The Secretary of State, in coordination
with the senior Federal officials referred to in paragraph
\(2\), shall convene an annual meeting—
“\(A\) to evaluate the extent to which the strategic
approach and objectives of priority country and regional
plans described in subsection \(a\) align to current United
States policy priorities in the relevant countries and
regions;
“\(B\) to assess the elements described in paragraphs \(1\)
through \(11\) of subsection \(a\) and consider steps to address
any deficiencies in such elements;
“\(C\) to determine any beneficial updates or amendments to
the priority country and region plans or United States policy
priorities to ensure effective short- and long-term
alignment;
“\(D\) to identify all relevant diplomatic, developmental,
and security assistance and cooperation activities of the
United States Government, including any activities with the
private sector, that may be aligned and integrated into each
of the priority countries and regions selected pursuant to
section 505; and
“\(E\) to consider any processes and guidance to increase
alignment of other relevant diplomatic, developmental,
security assistance, cooperation, and other activities with
the objectives of such plans and priorities.
“\(2\) Participants.—Each annual meeting convened pursuant
to paragraph \(1\) shall be chaired by a person holding a
position not lower than the Deputy Secretary of State and
should include participation from senior personnel from other
relevant departments and agencies.”.
\(b\) Conforming Amendments.—The Global Fragility Act of
2019 \(22 U.S.C. 9801 et seq.\) is amended—
\(1\) in section 507\(1\) \(22 U.S.C. 9806\(1\)\), by striking
“section 506” and inserting “section 506\(a\)”; and
\(2\) in section 508\(a\) \(22 U.S.C. 9807\(a\)\) in the matter
preceding paragraph \(1\), by striking “section 506” and
inserting “section 506\(a\)”.
SEC. 1276. IMPLEMENTATION OF THE GLOBAL FRAGILITY STRATEGY.
\(a\) Required Interagency Coordination.—Section 507 of the
Global Fragility Act of 2019 \(22 U.S.C. 9806\) is amended—
\(1\) in the matter preceding paragraph \(1\), by inserting
“the Chief Executive Officer of the United States
Development Finance Corporation, the Chief Executive Officer
of the Millennium Challenge Corporation,” after “Secretary
of Defense,”;
\(2\) in paragraph \(1\), by striking “and” at the end;
\(3\) in paragraph \(2\), by striking the period at the end and
inserting a semicolon; and
\(4\) by adding at the end the following:
“\(3\) the Secretary of Defense meets the Department of
Defense's responsibilities under this Act, including
supporting the full implementation of the defense and
security-related goals and activities outlined under the 10-
year country and regional plans by utilizing funding
appropriated for Global Fragility Strategy implementation and
additional funding mechanisms, including funding authorized
under sections 331, 332, and 333 of title 10, United States
Code, and other security cooperation funds, as
appropriate.”.
\(b\) In General.—Section 507 of the Global Fragility Act of
2019, as amended by subsection \(a\), is further amended—
\(1\) by striking “The President” and inserting the
following:
“\(a\) In General.—The President”; and
\(2\) by adding at the end the following:
“\(b\) Staffing.—
“\(1\) Under secretary of state for political affairs.—The
Under Secretary of State for Political Affairs shall lead the
implementation of the Global Fragility Strategy established
pursuant to section 504.
“\(2\) Additional staffing.—Each regional affairs bureau of
the Department of State shall hire, designate, and retain
full-time, non-contract employees with expertise in conflict
prevention to assist the Under Secretary in the
implementation of the Global Fragility Strategy.”.
SEC. 1277. GLOBAL FRAGILITY REPORT AND STRATEGY.
\(a\) In General.—Section 508 of the Global Fragility Act of
2019 \(22 U.S.C. 9807\) is amended by adding at the end the
following:
“\(c\) Study; Strategy; Report.—The Secretary of State,
using the principles identified in the Global Fragility
Strategy established pursuant to section 504, shall—
“\(1\) study the feasibility of applying such principles to
support cost-efficient and effective United States foreign
policy, security, and foreign assistance objectives in other
geographic areas;
“\(2\) develop a strategy for applying such principles
across Department of State regional bureaus, foreign
assistance operations, and overseas diplomatic missions,
which shall include exporting the successes of regional
collaboration between posts in priority regions; and
“\(3\) not later than 1 year after the date of the enactment
of the Global Fragility Reauthorization Act, submit a report
to the appropriate congressional committees that—
“\(A\) summarizes the findings of the study under paragraph
\(1\) and the strategy developed under paragraph \(2\); and
“\(B\) includes a detailed description of the staffing and
resources identified pursuant to subsection \(d\) are necessary
to implement such global fragility principles.”.
\(b\) Identification of Necessary Reforms to Remove
Impediments to Conflict Prevention.—Section 508 of the
Global Fragility Act of 2019, as amended by subsection \(a\),
is further amended by adding at the end the following:
“\(d\) Reforms.—The President, in collaboration with the
heads of relevant Federal departments and agencies, shall
determine what staffing, resources, and reforms are necessary
to remove persistent impediments to conflict prevention and
stabilization, including—
“\(1\) addressing overly restrictive diplomatic security
posture and staffing constraints;
“\(2\) strengthening mandatory professional development
around conflict prevention;
“\(3\) strengthening the capacity of the Department of State
to facilitate and implement durable peace processes and
conflict mediations; and
“\(4\) regularizing the process for providing surge staffing
support to fragile countries, including sustaining global
fragility coordinator posts in such countries and in
Washington, DC.”.
\(c\) Maintenance of Staffing Levels.—Section 508 of the
Global Fragility Act of 2019, as amended by subsections \(a\)
and \(b\), is further amended by adding at the end the
following:
“\(e\) Staffing Levels.—Subject to appropriations, the
relevant Federal departments and agencies shall maintain
sufficient staffing levels to fully implement the Global
Fragility Strategy established pursuant to section 504.”.
SEC. 1278. REAUTHORIZATION OF THE PREVENTION AND
STABILIZATION FUND.
Section 509\(a\) of the Global Fragility Act of 2019 \(22
U.S.C. 9808\(a\)\) is amended—
\(1\) in paragraph \(2\), by striking “2024” and inserting
“2030”; and
\(2\) in paragraph \(3\)\(A\)—
\(A\) in clause \(i\), by striking “and” at the end;
\(B\) in clause \(ii\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(iii\) for administrative and other expenses related to
the operation, management, and monitoring, evaluation, and
learning for programs and activities related to the
implementation of the Global Fragility Strategy established
pursuant to section 504, including diplomatic and other
operational activities carried out to implement such strategy
in countries and regions selected by the President, pursuant
to section 505\(a\).”.
SEC. 1279. REAUTHORIZATION OF THE COMPLEX CRISES FUND.
Section 509\(b\) of the Global Fragility Act of 2019 \(22
U.S.C. 9808\(b\)\) is amended—
\(1\) in the subsection header, by striking “Crisis” and
inserting “Crises”; and
\(2\) in paragraph \(2\), by striking “2024” and inserting
“2030”.
SEC. 1280. USE OF ECONOMIC SUPPORT FUND TO SUPPORT
MONITORING, EVALUATION, AND LEARNING
ACTIVITIES.
\(a\) Use of Funds.—Amounts authorized to be appropriated or
otherwise made available to carry out chapter 4 of part II of
the Foreign Assistance Act of 1961 \(22 U.S.C. 2346 et seq.;
relating to the Economic Support Fund\) may be expended for
monitoring, evaluation, and learning activities to implement
the Global Fragility Strategy, notwithstanding any other
provision of law for any program funded from amounts
available for the Prevention and Stabilization Fund
established under section 509\(a\) of such Act \(22 U.S.C.
9808\(a\)\) in any fiscal year and related programs funded by
other agencies to implement the Global Fragility Strategy
established pursuant to section 504 of such Act \(22 U.S.C.
9803\).
\(b\) Appointment of Personnel to Implement Monitoring,
Evaluation, and Learning Activities.—The Secretary of
Defense shall—
\(1\) appoint a senior Department of Defense official to lead
the efforts described in subsection \(a\); and
\(2\) make available, subject to the availability of
appropriations, sufficient staffing and other resources to
carry out such efforts in accordance with section 507 of the
Global Fragility Act of 2019, as amended by section 1276.
SA 6146. Mr. COONS \(for himself and Mr. Tillis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. SENATE HUMAN RIGHTS AND DEMOCRACY COMMISSION.
\(a\) Findings.—The Senate finds the following:
\(1\) The Senate Human Rights Caucus, which was founded in
2014, and is currently co-chaired by Senator Tillis and
Senator Coons, has created an outlet and opportunity to
establish a formalized forum for human rights discussion and
engagement in the Senate.
\(2\) The Senate Human Rights Caucus has brought together
critical thinkers and first-hand experts on issues affecting
human rights throughout the world to better inform the
actions of Congress.
\(3\) By establishing a commission in the Senate to put
testimony regarding human rights and democracy in the record,
all of the Federal Government and the public can access this
information and insight.
\(4\) The Senate Human Rights and Democracy Commission would
continue the work of the Senate Human Rights Caucus and
elevate the need to sustain and support the fundamental
access to human rights across the world.
\(b\) Commission Establishment.—
\(1\) In general.—There is established in the Senate the
Senate Human Rights and Democracy Commission \(in this section
referred to as the “Commission”\).
\(2\) Duties.—The Commission shall—
\(A\) serve as a forum for bipartisan discussion of
international human rights issues, democracy issues, and
promotion of internationally recognized human rights as
enshrined in the United Nations Universal Declaration of
Human Rights;
\(B\) monitor the state of human rights across the world and
raise awareness on critical human rights violations through
conducting regular briefings hearings, and private
roundtables;
\(C\) maintain records of all meetings and activities; and
\(D\) collaborate with congressional committees and other
congressional entities \(including the Tom Lantos Human Rights
Commission\), the executive branch, human rights
organizations, civil society organizations, nongovernmental
organizations, and think tanks to promote human rights
initiatives within the Senate.
\(3\) Limitations.—The Commission shall not—
\(A\) have legislative jurisdiction;
\(B\) have authority to take legislative action on any bill
or resolution; or
\(C\) encroach upon the jurisdiction of any standing, select,
or special committee of the Senate.
\(4\) Membership.—
\(A\) In general.—The Commission shall be composed of 10
members of the Senate, who shall be appointed, and may be
removed, by the President of the Senate.
\(B\) Selection.—The President of the Senate shall—
\(i\) after consultation with the majority leader, select 5
members from the majority party of the Senate, 1 of whom
shall be designated as a co-chairperson in accordance with
paragraph \(5\)\(A\)\(i\); and
\(ii\) after consultation with the minority leader, select 5
members from the minority party of the Senate, 1 of whom
shall be designated as a co-chairperson in accordance with
paragraph \(5\)\(A\)\(ii\).
\(C\) Ex officio members.—The Chairman and Ranking Member of
the Committee on Foreign Relations of the Senate shall be ex
officio, nonvoting members of the Commission.
\(D\) Term.—The term of a member shall end on the last day
of the Congress during which the member is appointed by the
President of the Senate, unless the member ceases being a
member of the Senate, leaves the Commission, or is removed.
\(E\) Vacancy.—
\(i\) In general.—A vacancy on the Commission shall be
filled in the same manner in which the original appointment
was made.
\(ii\) Resignation.—A member of the Commission wishing to
resign from the Commission shall submit a written
notification to the President of the Senate.
\(5\) Co-chairpersons of the commission.—
\(A\) In general.—Two members of the Commission shall be
appointed to serve as co-chairpersons of the Commission, as
follows:
\(i\) One co-chairperson shall be appointed, and may be
removed, by the majority leader of the Senate.
\(ii\) One co-chairperson shall be appointed, and may be
removed, by the minority leader of the Senate.
\(B\) Term.—The term of a member as a co-chairperson of the
Commission shall end on the last day of the Congress during
which the member is appointed as a co-chairperson, unless the
member ceases being a member of the Senate, leaves the
Commission, resigns from the position of co-chairperson, or
is removed.
\(C\) Publication.—Appointments under this paragraph shall
be printed in the Congressional Record.
\(D\) Vacancies.—Any vacancy in the position of co-
chairperson of the Commission shall be filled in the same
manner in which the original appointment was made.
\(c\) Commission Staff.—
\(1\) Compensation and expenses.—
\(A\) In general.—The Commission is authorized, from funds
made available under subsection \(d\), to—
\(i\) employ such staff in the manner and at a rate not to
exceed that allowed for employees of a committee of the
Senate under section 105\(e\)\(3\) of the Legislative Branch
Appropriation Act, 1968 \(2 U.S.C. 4575\(e\)\(3\)\); and
\(ii\) incur such expenses as may be necessary or appropriate
to carry out its duties and functions.
\(B\) Expenses.—
\(i\) In general.—Payments made under this subsection for
receptions, meals, and food-related expenses shall be
authorized only for actual expenses incurred by the
Commission in the course of conducting its official duties
and functions.
\(ii\) Treatment of payments.—Amounts received as
reimbursement for expenses described in clause \(i\) shall not
be reported as income, and the expenses so reimbursed shall
not be allowed as a deduction under the Internal Revenue Code
of 1986.
\(2\) Designation of professional staff.—
\(A\) In general.—Each co-chairperson of the Commission may
designate 1 professional staff member.
\(B\) Compensation of senate employees.—In the case of the
compensation of any professional staff member designated
under subparagraph \(A\) who is an employee of a Member of the
Senate or of a committee of the Senate and who has been
designated to perform services for the Commission, the
professional staff member shall continue to be paid by the
Member or committee, as the case may be, but the account from
which the professional staff member is paid shall be
reimbursed for the services of the professional staff member
\(including agency contributions when appropriate\) out of
funds made available under subsection \(c\).
\(C\) Duties.—Each professional staff member designated
under subparagraph \(A\) shall—
\(i\) serve all members of the Commission; and
\(ii\) carry out such other functions as the co-chairperson
designating the professional staff member may specify.
\(d\) Payment of Expenses.—
\(1\) In general.—The expenses of the Commission shall be
paid from the Contingent Fund of the Senate, out of the
account of Miscellaneous Items, upon vouchers approved
jointly by the co-chairpersons \(except that vouchers shall
not be required for the disbursement of salaries of employees
who are paid at an annual rate of pay\).
\(2\) Amounts available.—For any fiscal year, the amount
identified as necessary shall be expended for employees and
expenses.
\(e\) Administrative Support.—The Committee on Rules and
Administration of the Senate may approve the use of Senate
resources to support the Commission in carrying out official
duties.
\(f\) Data Privacy.—The Commission is deemed to be a Senate
office for purposes of section 10 of the Legislative Branch
Appropriations Act, 2005 \(2 U.S.C. 6628\) and all Senate data,
as defined in such section, of the Commission shall be
subject to the protections provided to Senate data under such
section.
\(g\) Location of Commission.—The Committee on
Appropriations of the Senate may lease office space for the
activities of the Commission in the District of Columbia.
\(h\) Sunset.—This section shall cease to have force or
effect on January 1, 2029.
SA 6147. Ms. BLUNT ROCHESTER submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part III of subtitle F of title V, insert the
following:
SEC. 566. PRIORITIZATION OF DIGITAL SKILLS IN EMPLOYMENT AND
EDUCATION PROGRAMS FOR MILITARY SPOUSES.
\(a\) In General.—The Secretary of Defense shall modernize
programs of the Department of Defense in effect as of the
date of the enactment of this Act relating to employment and
education of military spouses by prioritizing training for
military spouses in digital skills to improve their access to
technology-enabled or remote-compatible career fields.
\(b\) Covered Programs.—In carrying out subsection \(a\), the
Secretary shall focus on including training described in that
subsection in programs such as the Spouse Education and
Career Opportunities program, the My Career Advancement
Account program, and other programs for the education and
training of military spouses authorized under section 1784a
of title 10, United States Code.
\(c\) Covered Training.—In carrying out subsection \(a\), the
Secretary shall prioritize the provision of training in
artificial intelligence literacy, cybersecurity, cloud
computing, data analytics, information technology support,
digital project management, and other similar technology-
enabled or remote-compatible career fields, as determined
appropriate by the Secretary.
\(d\) Other Considerations.—In carrying out subsection \(a\),
the Secretary may promote relevant credentials, certificates,
and training opportunities aligned with employer demand and
portable careers, while taking into account barriers military
spouses face, including frequent relocation, uneven access to
in-person programs, and the importance of remote-accessible
training options.
\(e\) Briefing Required.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall brief the
congressional defense committees on the implementation of
subsection \(a\).
\(2\) Elements.—The briefing required by paragraph \(1\) shall
include—
\(A\) a description of—
\(i\) the measures the Secretary has taken to carry out
subsection \(a\);
\(ii\) any updates to guidance or approved training
opportunities for military spouses resulting from the
implementation of subsection \(a\); and
\(iii\) any barriers to such implementation; and
\(B\) any recommendations for legislative or administrative
action to improve the access of military spouses to
technology-enabled or remote-compatible career fields.
SA 6148. Mr. PETERS \(for himself, Mr. Curtis, and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Combating CCP Labor Abuses Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Combating CCP Labor
Abuses Act of 2026”.
SEC. 1282. DEFINITION.
In this subtitle, the term “human rights” means
internationally recognized human rights.
SEC. 1283. TRAINING FOR EMPLOYEES OF THE DEPARTMENT OF
COMMERCE RELATING TO AWARENESS OF HUMAN RIGHTS
ABUSES.
\(a\) In General.—The Secretary of Commerce shall provide
training described in subsection \(b\) to such employees of the
Department of Commerce who provide counseling services to
businesses engaged in commercial transactions with or
investments in the People's Republic of China as the
Secretary considers appropriate.
\(b\) Contents of Training.—The training required under
subsection \(a\) shall be—
\(1\) designed to raise awareness about emerging trends and
issues with respect to violations of human rights perpetrated
by the Government of the People's Republic of China,
including the use of forced labor, against Uyghurs and other
religious and ethnic minority groups in the People's Republic
of China; and
\(2\) incorporated to the greatest extent possible into
existing training provided by the Department of Commerce.
\(c\) Timing.—The training required under subsection \(a\)
shall be offered and updated at such times as the Secretary
considers appropriate.
SEC. 1284. GUIDANCE FOR UNITED STATES BUSINESSES RELATING TO
AWARENESS OF HUMAN RIGHTS ABUSES.
\(a\) In General.—The Secretary of Commerce, in consultation
with the Secretary of State, shall—
\(1\) offer guidance for United States businesses engaged in
foreign commercial transactions or investments, including
such businesses that are, or are considering, conducting
transactions with entities subject to the control or
influence of jurisdictions where forced labor or other
significant violations of human rights have occurred, such as
the People's Republic of China; and
\(2\) incorporate the guidance required under paragraph \(1\)
into any counseling services that the Department of Commerce
provides to such businesses as the Secretary considers
appropriate.
\(b\) Contents of Guidance.—The guidance required under
subsection \(a\) shall—
\(1\) provide information about emerging trends and issues
involving violations of human rights perpetrated by the
Government of the People's Republic of China, including the
use of forced labor against Uyghurs and other religious and
ethnic minority groups in the People's Republic of China,
including information about—
\(A\) risk factors that may be used to identify entities
subject to the influence or control of jurisdictions such as
the People's Republic of China that may be implicated in
violations of human rights;
\(B\) ways to avoid doing business with entities described in
subparagraph \(A\); and
\(C\) potential reputational, economic, legal, and other
risks of conducting transactions with an entity described in
subparagraph \(A\); and
\(2\) make clear that the guidance is for advisory purposes
only.
SA 6149. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end appropriate place in title VII, insert the
following:
SEC. 7\_\_. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN
MEDICAL TRAINING.
\(a\) In General.—Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
“Sec. 2018. Use of human-based methods for certain medical
training
“\(a\) Combat Trauma Injuries.—\(1\) Not later than October
1, 2026, the Secretary of Defense shall develop, test, and
validate human-based training methods for the purpose of
training members of the armed forces in the treatment of
combat trauma injuries with the goal of replacing live
animal-based training methods.
“\(2\) Not later than October 1, 2028, the Secretary—
“\(A\) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
“\(B\) may not use animals for such purpose.
“\(b\) Exception for Particular Commands and Training
Methods.—\(1\) The Secretary may exempt a particular command,
particular training method, or both, from the requirement for
human-based training methods under subsection \(a\)\(2\) if the
Secretary determines that human-based training methods will
not provide an educationally equivalent or superior
substitute for live animal-based training methods for such
command or training method, as the case may be.
“\(2\) Any exemption under this subsection shall be for such
period, not more than one year, as the Secretary shall
specify in granting the exemption. Any exemption may be
renewed \(subject to the preceding sentence\).
“\(c\) Annual Reports.—\(1\) Not later than October 1 of each
year, the Secretary shall submit to the congressional defense
committees a report on the development and implementation of
human-based training methods for the purpose of training
members of the armed forces in the treatment of combat trauma
injuries under this section.
“\(2\) Each report under this subsection on or after October
1, 2028, shall include a description of any exemption under
subsection \(b\) that is in force at the time of such report,
and a current justification for such exemption.
“\(d\) Definitions.—In this section:
“\(1\) The term \`combat trauma injuries' means severe
injuries likely to occur during combat, including—
“\(A\) hemorrhage;
“\(B\) tension pneumothorax;
“\(C\) amputation resulting from blast injury;
“\(D\) compromises to the airway; and
“\(E\) other injuries.
“\(2\) The term \`human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including—
“\(A\) simulators;
“\(B\) partial task trainers;
“\(C\) moulage;
“\(D\) simulated combat environments;
“\(E\) human cadavers; and
“\(F\) rotations in civilian and military trauma centers.
“\(3\) The term \`partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.”.
\(b\) Clerical Amendment.—The table of sections at the
beginning of chapter 101 of such title is amended by adding
at the end the following new item:
“2018. Use of human-based methods for certain medical training.”.
SA 6150. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 549F. SERVICES FOR DELAYED ENTRY PROGRAM PARTICIPANTS.
\(a\) Expansion of Period of Availability of Military
Onesource Program for New Recruits Enrolled in Delayed Entry
Program.—
\(1\) In general.—The Secretary of Defense shall prescribe
regulations—
\(A\) extending eligibility for access to the Department of
Defense Military OneSource program to recruits enrolled in
the Delayed Entry Program \(DEP\) beginning at the time of
signing a Delayed Entry Contract; and
\(B\) providing that access to Military OneSource services
will be immediately terminated should the DEP enrollee be
officially released from their Delayed Entry Contract.
\(2\) Information to recruits and their families.—The
Secretary of Defense shall inform new recruits enrolled in
the Delayed Entry Program and their family members of the
wide range of benefits available through the Military
OneSource program.
\(b\) Comptroller General Report.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall initiate a review of existing gaps in the
Department of Defense's response to victims of sexual assault
and harassment among new recruits enrolled in the DEP.
\(2\) Elements.—The review required under paragraph \(1\)
shall include—
\(A\) statistics regarding frequency, geography, and
demographics of sexual assault victims enrolled in the DEP
for the last five years;
\(B\) barriers to providing emergency healthcare or
healthcare referrals for sexual assault victims enrolled in
the DEP;
\(C\) barriers to providing trauma counseling or counseling
referrals for sexual assault victims enrolled in the DEP; and
\(D\) other relevant issues the Comptroller General deems
appropriate.
SA 6151. Mr. WYDEN \(for himself, Mr. Paul, and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 529E. REPEAL OF MILITARY SELECTIVE SERVICE ACT.
\(a\) Repeal.—The Military Selective Service Act \(50 U.S.C.
3801 et seq.\) is repealed.
\(b\) Transfers in Connection With Repeal.—Notwithstanding
the proviso in section 10\(a\)\(4\) of the Military Selective
Service Act \(50 U.S.C. 3809\(a\)\(4\)\), the Office of Selective
Service Records shall not be reestablished upon the repeal of
the Act. Not later than 180 days after the date of the
enactment of this Act, the assets, contracts, property, and
records held by the Selective Service System, and the
unexpended balances of any appropriations available to the
Selective Service System, shall be transferred to the
Administrator of General Services upon the repeal of the Act.
The Director of the Office of Personnel Management shall
assist officers and employees of the Selective Service System
to transfer to other positions in the executive branch.
\(c\) Effect on Existing Sanctions.—
\(1\) Notwithstanding any other provision of law, a person
may not be denied a right, privilege, benefit, or employment
position under Federal law on the grounds that the person
failed to present himself for and submit to registration
under section 3 of the Military Selective Service Act \(50
U.S.C. 3802\), before the repeal of that Act by subsection
\(a\).
\(2\) A State, political subdivision of a State, or political
authority of two or more States may not enact or enforce a
law, regulation, or other provision having the force and
effect of law to penalize or deny any privilege or benefit to
a person who failed to present himself for and submit to
registration under section 3 of the Military Selective
Service Act \(50 U.S.C. 3802\), before the repeal of that Act
by subsection \(a\). In this section, “State” means a State,
the District of Columbia, and a territory or possession of
the United States.
\(3\) Failing to present oneself for and submit to
registration under section 3 of the Military Selective
Service Act \(50 U.S.C. 3802\), before the repeal of that Act
by subsection \(a\), shall not be reason for any entity of the
U.S. Government to determine that a person lacks good moral
character or is unsuited for any privilege or benefit.
\(d\) Conscientious Objectors.—Nothing contained in this
section shall be construed to undermine or diminish the
rights of conscientious objectors under laws and regulations
of the United States.
SA 6152. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the
following:
SEC. 2. IMPROVEMENTS RELATING TO STEERING COMMITTEE ON
EMERGING TECHNOLOGY AND NATIONAL SECURITY.
Section 236 of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(Public Law
116-283\), is amended—
\(1\) in subsection \(a\), by striking “may” and inserting
“shall”;
\(2\) by redesignating subsection \(e\) and \(f\) as subsections
\(f\) and \(g\), respectively;
\(3\) by inserting after subsection \(d\) the following:
“\(e\) Report on Comparative Capabilities of Adversaries
With Respect to Lethal Autonomous and Semi-autonomous Weapon
Systems.—
“\(1\) In general.—Not later than December 31, 2026, and
annually thereafter, the Steering Committee shall submit the
appropriate congressional committees a report comparing the
capabilities of the United States with the capabilities of
adversaries of the United States with respect to weapon
systems described in paragraph \(3\).
“\(2\) Elements.—The report required by paragraph \(1\) shall
include—
“\(A\) for each weapon system described in subsection \(c\)—
“\(i\) an evaluation of spending by the United States and
adversaries on such weapon system;
“\(ii\) an evaluation of the test infrastructure and
workforce supporting such weapon system; and
“\(iii\) an evaluation of the quantity of such weapon system
under development, developed, or deployed;
“\(B\) an assessment of the technological progress of the
United States and adversaries on lethal fully automated and
semi-autonomous weapon systems technology;
“\(C\) a description of the timeline for operational
deployment of such technology by the United States and
adversaries;
“\(D\) an assessment, conducted in coordination with the
Director of National Intelligence, of the intent or
willingness of adversaries to use such technology; and
“\(E\) the approval process of the United States for the
development and deployment of lethal automated weapon
systems.
“\(3\) Weapon systems described.—The weapon systems
described in this subsection are the following:
“\(A\) Weapon systems that enable lethal, offensive
capabilities that are fully-automated or have the potential
to become fully-automated.
“\(B\) Weapon systems that support targeting for lethal
action.
“\(C\) Automated systems with intelligence, surveillance,
and reconnaissance capabilities that support target
recommendations.
“\(4\) Form.—The report required by paragraph \(1\) shall be
submitted in unclassified form, but may include a classified
annex.
“\(5\) Appropriate congressional committees defined.—In
this section, the term \`appropriate congressional committees'
means—
“\(A\) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
“\(B\) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.”; and
\(4\) in subsection \(f\), as redesignated by paragraph \(2\)—
\(A\) by redesignating paragraph \(2\) as paragraph \(3\);
\(B\) by inserting after paragraph \(1\) the following:
“\(2\) Fully automated; potential to become fully
automated.—
“\(A\) Fully automated.—The term \`fully automated', with
respect to a weapon system, means that the weapon system,
once activated, can select and engage targets without further
intervention by an operator, as defined in Department of
Defense Directive 3000.09; or
“\(B\) Potential to become fully automated.—The term
\`potential to become fully automated', with respect to a
weapon system, means that the weapon system has the potential
to be deployed in a manner that would qualify as an
autonomous weapon system under Department of Defense
Directive 3000.09.”; and
\(C\) by inserting after paragraph \(3\), as redesignated by
subparagraph \(A\), the following:
“\(4\) Semi-autonomous.—
“\(A\) In general.—The term \`semi-autonomous,' with respect
to a weapons system, means that the weapon system, once
activated, is intended to only engage individual targets or
specific target groups that have been selected by an
operator, as defined in Department of Defense Directive
3000.09.
“\(B\) Inclusions.—Semi-autonomous weapons systems
include—
“\(i\) weapon systems that employ autonomy for engagement-
related functions including—
“\(I\) acquiring, tracking, and identifying potential
targets; cuing potential targets to operators;
“\(II\) prioritizing selected targets; timing of when to
fire; and
“\(III\) providing terminal guidance to home in on selected
targets if operator control is retained over the decision to
select individual targets and specific target groups for
engagement; and
“\(ii\) \`fire and forget' or lock-on-after-launch homing
munitions that rely on tactics, techniques, and procedures to
maximize the probability that the only targets within the
acquisition basket of the seeker when the seeker activates
are the targets or specific target groups that have been
selected by an operator.”.
SA 6153. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title XVI,
insert the following:
SEC. 16. FRAMEWORK FOR CONSISTENT DATA MANAGEMENT FOR
ARTIFICIAL INTELLIGENCE TARGET IDENTIFICATION.
\(a\) In General.—Not later than December 31, 2026, the
Secretary of Defense shall develop and implement a framework
for artificial intelligence and machine learning for
intelligence, surveillance, reconnaissance, defense, and
offensive purposes throughout the Department of Defense.
\(b\) Contents.—The framework required by subsection \(a\)
shall include—
\(1\) criteria for data reviewers to ensure the quality of
data—
\(A\) suitability for training artificial intelligence; and
\(B\) such additional criteria as the Secretary determines
necessary;
\(2\) a consistent development process and labeling
procedures that adhere to the ethical principals for the use
of artificial intelligence adopted by the Department,
including the principles of responsibility, equitability,
traceability, reliability, and governability; and
\(3\) processes for data input, evaluation, review, feedback,
update, and oversight, including of contracted companies
throughout the data-labeling supply chain.
\(c\) Briefing.—Not later than February 1, 2027, the
Secretary shall brief the appropriate congressional
committees on the status of the development and
implementation of the framework.
\(d\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
\(B\) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
\(2\) Quality of data.—The term “quality of data”
includes—
\(A\) the accuracy of data labeling;
\(B\) the condition of the data, including completeness;
\(C\) the accuracy of data indexing;
\(D\) the suitability of the data for the intended task; and
\(E\) variance in quality of all training across all data
used to train an artificial intelligence system.
SA 6154. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title XV, insert
the following:
SEC. 15. ASSESSMENT OF DATA QUALITY AND GOVERNANCE
PRACTICES FOR TARGET IDENTIFICATION ARTIFICIAL
INTELLIGENCE SYSTEMS.
\(a\) In General.—Not later than December 31, 2027, the
Secretary of Defense shall complete a comprehensive
assessment of—
\(1\) the quality of data and the potential for harmful bias
and hallucinations in artificial intelligence systems used
for target identification, sensor processing, and decision-
making support;
\(2\) the risks to mission effectiveness from automation bias
and hallucinations by such artificial intelligence systems;
and
\(3\) the risks of adversarial manipulation of training data
and other data inputs used by such artificial intelligence
systems.
\(b\) Contents.—
\(1\) Data.—The assessment required by subsection \(a\)\(1\)
shall include an assessment of data used to train—
\(A\) target identification tools, including tools used for
the Maven Smart System;
\(B\) intelligence, surveillance, and reconnaissance systems;
and
\(C\) weapon systems that have lethal, offensive strike
capabilities that are autonomous or planned to become
autonomous; and
\(D\) weapon systems subject to senior review under
Department of Defense Directive 3000.09.
\(2\) Automation bias and hallucinations.—The assessment
required by subsection \(a\)\(2\) shall include an assessment
of—
\(A\) whether and how the intermediation of artificial
intelligence systems in human decision-making leads to over-
reliance or harmful deference to artificial intelligence
system recommendations; and
\(B\) the impact of erroneous or misleading outputs,
including hallucinations on mission effectiveness and the
appropriateness of the integration of artificial intelligence
systems into target identification and decision-making
support.
\(3\) Adversarial manipulation.—The assessment required by
subsection \(a\)\(3\) shall include an assessment of whether
artificial intelligence systems have been tested against
adversarial manipulation, including through data poisoning
and backdoor attacks through embedded hidden malicious data,
under operationally realistic conditions.
\(c\) Briefing.—Not later than February 1, 2027, the
Secretary shall brief the appropriate congressional
committees on the completed assessment required by subsection
\(a\) and recommendations how to improve the quality of the
assessed data.
\(d\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
\(B\) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
\(2\) Artificial intelligence system.—The term “artificial
intelligence system” has the meaning given the term
“artificial intelligence” in section 5002 of the National
Artificial Intelligence Initiative Act of 2020 \(15 U.S.C.
9401\).
\(3\) Autonomous; planned to become autonomous.—
\(A\) Autonomous.—The term “autonomous”, with respect to a
weapon system, means that the weapon system, once activated,
can select and engage targets without further intervention by
an operator, as defined in Department of Defense Directive
3000.09; or
\(B\) Planned to become autonomous.—The term “planned to
become autonomous”, with respect to a weapon system, means
that the weapon system has the potential to be deployed in a
manner that would qualify as an autonomous weapon system
under Department of Defense Directive 3000.09.
\(4\) Hallucination.—The term “hallucination” means an
output produced by an artificial intelligence system that
contains factually incorrect or wholly fabricated
information, including information that a person may find
convincing or credible.
\(5\) Quality of data.—The term “quality of data”
includes—
\(A\) the accuracy of data labeling;
\(B\) the condition of the data, including an completeness;
\(C\) the accuracy of data indexing;
\(D\) the suitability of the data for the intended task;
\(E\) the freedom of the data from unintended bias; and
\(F\) variance in quality of all training across all data
used to train an artificial intelligence system.
SA 6155. Mr. GALLEGO submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF FUNDS TO RECOGNIZE IRANIAN
AUTHORITY TO RESTRICT COMMERCIAL NAVIGATION
THROUGH THE STRAIT OF HORMUZ.
\(a\) In General.—None of the funds authorized to be
appropriated by this Act or otherwise made available to the
Department of Defense may be obligated or expended to
implement, facilitate, or enforce any agreement, arrangement,
understanding, or commitment entered into by the United
States Government that recognizes, authorizes, or permits the
Government of Iran, or any Iranian entity, to impose tolls,
transit fees, permitting requirements, or other restrictions
on commercial navigation through the Strait of Hormuz.
\(b\) Rule of Construction.—Nothing in this section may be
construed to prohibit—
\(1\) United States freedom of navigation operations
conducted in the Strait of Hormuz;
\(2\) United States military or diplomatic personnel from
participating in any activity the purpose of which is to
affirmatively oppose, contest, or eliminate any toll, fee,
permitting requirement, or other restriction on commercial
navigation through the Strait of Hormuz imposed or claimed by
any country or entity; or
\(3\) the United States from defending itself from an armed
attack or threat of an imminent armed attack.
\(c\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
\(B\) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Financial Services of
the House of Representatives.
\(2\) Arrangement.—The term “arrangement” means any
treaty, memorandum of understanding, executive arrangement,
political understanding, or oral commitment, regardless of
whether treated as legally binding.
\(3\) Iranian entity.—The term “Iranian entity” means—
\(A\) any entity owned or controlled by the Government of
Iran or the Islamic Revolutionary Guard Corps;
\(B\) the Persian Gulf Strait Authority \(or any successor
entity\); and
\(C\) any joint venture or multilateral mechanism in which
Iran holds fee or administrative authority over navigation of
the Strait of Hormuz, regardless of other participants.
SA 6156. Mr. GALLEGO \(for himself, Mr. Grassley, Mr. Cruz, Mr. Kaine, Mr. Tillis, Mr. Blumenthal, and Ms. Klobuchar\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1230. MODIFICATIONS TO CONGRESSIONAL REVIEW OF SANCTIONS
WITH RESPECT TO THE RUSSIAN FEDERATION.
\(a\) Expansion of Sanctions Subject To Review.—Section
216\(a\)\(2\)\(B\)\(i\) of the Countering America's Adversaries
Through Sanctions Act \(22 U.S.C. 9511\(a\)\(2\)\(B\)\(i\)\) is
amended—
\(1\) in subclause \(II\), by striking “; or” and inserting a
semicolon;
\(2\) in subclause \(III\), by striking “; and” and inserting
“; or”; and
\(3\) by adding at the end the following:
“\(IV\) any Executive order addressing the national
emergency declared in Executive Order 14024 \(50 U.S.C. 1701
note; relating to blocking property with respect to specified
harmful foreign activities of the Government of the Russian
Federation\).”.
\(b\) Review of Energy-Related Actions.—Section 216\(a\)\(2\) of
the Countering America's Adversaries Through Sanctions Act
\(22 U.S.C. 9511\(a\)\(2\)\) is amended—
\(1\) in subparagraph \(A\)—
\(A\) in clause \(ii\), by striking “; or” and inserting a
semicolon;
\(B\) in clause \(iii\), by striking the period at the end and
inserting “; or”; and
\(C\) by adding at the end the following:
“\(iv\) an action, including a licensing action, taken
during the period described in subparagraph \(C\) relating to
the application of sanctions described in subparagraph \(B\)
with respect to crude oil, petroleum products, natural gas,
or other energy products of Russian Federation origin.”; and
\(2\) by adding at the end the following:
“\(C\) Period for review for energy-related actions.—The
period described in this subparagraph is the period—
“\(i\) beginning on the date of the enactment of this
subparagraph; and
“\(ii\) ending on the date on which the Secretary of State,
in consultation with the Secretary of the Treasury, the
Secretary of Defense, and the Director of National
Intelligence, certifies to the appropriate congressional
committees and leadership that the Government of the Russian
Federation has ended its war in Ukraine and credibly
committed to a just peace settlement that includes
compensating Ukraine for war damages.”.
\(c\) Exception To Take Action During Initial Congressional
Review Period.—Section 216\(b\)\(3\) of the Countering America's
Adversaries Through Sanctions Act \(22 U.S.C. 9511\(b\)\(3\)\) is
amended—
\(1\) by striking “unless a joint resolution” and inserting
the following: “unless—
“\(A\) a joint resolution”;
\(2\) by striking the period at the end and inserting “;
or”; and
\(3\) by adding at the end the following:
“\(B\) the action relates to crude oil, petroleum products,
natural gas, or other energy products of Russian Federation
origin to be used—
“\(i\) for the preservation of the health or safety of the
crew of an energy transport vessel;
“\(ii\) for emergency repairs or environmental mitigation or
protection activities relating to an energy transport vessel;
or
“\(iii\) to address an urgent need to mitigate an economic
impact in a foreign jurisdiction other than the Russian
Federation.”.
SA 6157. Mr. DURBIN \(for himself and Mr. Welch\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike subtitle C of title X and insert the following:
Subtitle C—Transfer or Release of Individuals Detained at Guantanamo
Bay Detention Facility
SEC. 1021. PROHIBITION ON USE OF FUNDS TO OPERATE THE
DETENTION FACILITY AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA, AFTER SEPTEMBER
30, 2028.
None of the funds authorized to be appropriated or
otherwise made available by this Act or any other Act may be
used to operate the detention facility at United States Naval
Station, Guantanamo Bay, Cuba, after September 30, 2028.
SEC. 1022. REPEAL OF PROHIBITIONS RELATING TO DETAINEES AT
AND CLOSURE OF UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
\(a\) Use of Funds for Transfer or Release of Individuals
Detained at United States Naval Station, Guantanamo Bay,
Cuba, to the United States.—Section 1033 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 \(Public Law 115-232; 132 Stat. 1953\), as most recently
amended by section 1032 of the National Defense Authorization
Act for Fiscal Year 2026 \(Public Law 119-60; 129 Stat. 1034\),
is repealed.
\(b\) Use of Funds to Construct or Modify Facilities in the
United States to House Detainees Transferred From United
States Naval Station, Guantanamo Bay, Cuba.—Section 1034 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 \(Public Law 115-232; 132 Stat. 1954\), as
most recently amended by section 1033 of the National Defense
Authorization Act for Fiscal Year 2026 \(Public Law 119-60;
139 Stat. 1034\), is repealed.
\(c\) Use of Funds for Transfer or Release of Individuals
Detained at United States Naval Station, Guantanamo Bay,
Cuba, to Certain Countries.—Section 1035 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 \(Public Law 115-232; 132 Stat. 1954\), as most recently
amended by section 1034 of the National Defense Authorization
Act for Fiscal Year 2026 \(Public Law 119-60; 139 Stat. 1034\),
is repealed.
SEC. 1023. REPEAL OF CERTAIN REQUIREMENTS FOR CERTIFICATIONS
AND NOTIFICATIONS RELATING TO TRANSFER OF
DETAINEES AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO FOREIGN COUNTRIES AND
OTHER FOREIGN ENTITIES.
\(a\) Certification.—Section 1034 of the National Defense
Authorization Act for Fiscal Year 2016 \(Public Law 114-92;
129 Stat. 969; 10 U.S.C. 801 note\) is repealed.
\(b\) Notification.—Section 308 of the Intelligence
Authorization Act for Fiscal Year 2012 \(Public Law 112-87;
125 Stat. 1883; 10 U.S.C. 801 note\) is repealed.
SEC. 1024. REPEAL OF CHAPTER 47A OF TITLE 10, UNITED STATES
CODE.
\(a\) In General.—Subchapters I through VI and subchapter
VIII of chapter 47A of title 10, United States Code, are
repealed.
\(b\) Conforming Amendments to Subchapter VII.—
\(1\) In general.—Subchapter VII of chapter 47A of such
title is amended—
\(A\) in section 950d\(a\)\(3\), by inserting “\(as in effect on
the day before the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2027\)” after “of
this title”;
\(B\) in section 950f—
\(i\) in subsection \(b\)—
\(I\) in paragraph \(2\), by inserting “\(as in effect on the
day before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2027\)” after “of this
title”; and
\(II\) in paragraph \(6\)\(B\), by striking “section 949b\(b\)\(4\)
of this title” and inserting “paragraph \(7\)”; and
\(ii\) by adding at the end the following new paragraph:
“\(7\) No appellate military judge on the United States
Court of Military Commission Review may be reassigned to
other duties, except under circumstances as follows:
“\(A\) The appellate military judge voluntarily requests to
be reassigned to other duties and the Secretary of Defense,
or the designee of the Secretary, in consultation with the
Judge Advocate General of the armed force of which the
appellate military judge is a member, approves such
reassignment.
“\(B\) The appellate military judge retires or otherwise
separates from the armed forces.
“\(C\) The appellate military judge is reassigned to other
duties by the Secretary of Defense, or the designee of the
Secretary, in consultation with the Judge Advocate General of
the armed force of which the appellate military judge is a
member, based on military necessity and such reassignment is
consistent with service rotation regulations \(to the extent
such regulations are applicable\).
“\(D\) The appellate military judge is withdrawn by the
Secretary of Defense, or the designee of the Secretary, in
consultation with the Judge Advocate General of the armed
force of which the appellate military judge is a member, for
good cause consistent with applicable procedures under
chapter 47 of this title \(the Uniform Code of Military
Justice\).”;
\(C\) in section 950h\(c\), by inserting “\(as in effect on the
day before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2027\)” after “of this
title”; and
\(D\) by adding at the end the following new section:
“Sec. 950k. Definition
“In this subchapter, the term \`military commission under
this chapter' means a military commission under this chapter
as in effect on the day before the date of the enactment of
the National Defense Authorization Act for Fiscal Year
2027.”.
\(2\) Clerical amendment.—The table of sections at the
beginning of subchapter VII of chapter 47A of such title is
amended by adding at the end the following new item:
“950k. Definition.”.
\(c\) Clerical Amendment.—The table of subchapters at the
beginning of chapter 47A of such title is amended by striking
the items relating to subchapters I through VI and subchapter
VIII.
SA 6158. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. \_\_. SENATOR PAUL SIMON STUDY ABROAD PROGRAM.
\(a\) Findings.—Congress makes the following findings:
\(1\) To prepare students for success in the modern global
economy, opportunities for study abroad should be included as
part of a well-rounded education.
\(2\) Study abroad programs provide students with
unparalleled access to international knowledge, an unmatched
opportunity to learn world languages, and a unique
environment for developing a better understanding of other
societies, all of which are knowledge and skills needed in
today's global economy.
\(3\) Only 10 percent of United States college students study
abroad before they graduate, leaving 90 percent of graduates
entering the workforce without the international skills,
knowledge, and experiences afforded by study abroad programs
that will position them for success in careers that advance
United States interests abroad.
\(4\) According to Open Doors 2025, published by the
Institute of International Education in partnership with the
Department of State, of the nearly 300,000 United States
college students who studied abroad for credit during the
2023-2024 academic year, 34 percent were men, 11 percent had
a disability, and fewer than 2 percent attended a community
college in the United States.
\(5\) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program
\(referred to in this section as the “Lincoln Commission”\)
under section 104 of the Miscellaneous Appropriations and
Offsets Act, 2004 \(division H of Public Law 108-199\).
Pursuant to its mandate, the Lincoln Commission submitted a
report to Congress and to the President containing its
recommendations for greatly expanding the opportunity for
students at institutions of higher education in the United
States to study abroad, with special emphasis on studying in
developing nations.
\(6\) According to the Lincoln Commission, “\[e\]xperience
shows that leadership from administrators and faculty will
drive the number of study abroad participants higher and
improve the quality of programs. Such leadership is the only
way that study abroad will become an integral part of the
undergraduate experience.” A competitive grant program is
necessary to encourage and support such leadership.
\(7\) Student health, safety, and security while studying
abroad is, and must continue to be, a priority for
institutions of higher education and study abroad programs.
\(8\) According to Open Doors, study abroad participation at
colleges and universities in the United States plummeted by
91 percent during the 2020-2021 academic year due to the
COVID-19 pandemic. While study abroad numbers have rebounded,
according to the latest Open Doors data, participation
remains 14 percent below pre-pandemic levels.
\(9\) In today's global society, increasing access to study
abroad for students at institutions of higher education
across the United States is critical to ensuring that those
students gain the skills, knowledge, and experiences
necessary to maintain the leadership and security of the
United States in tackling international challenges that
affect the American people.
\(b\) Purposes.—The purposes of this section are—
\(1\) to ensure that significantly more students have access
to quality study abroad opportunities, especially among
students receiving Federal financial aid;
\(2\) to ensure that study abroad participation reflects all
types of students and institutions of higher education in the
United States;
\(3\) to expand study abroad opportunities to more
destinations, as recommended by the Lincoln Commission; and
\(4\) to encourage a greater commitment by United States
institutions of higher education to expand study abroad
opportunities.
\(c\) Senator Paul Simon Study Abroad Program.—
\(1\) Definitions.—In this subsection:
\(A\) Consortium.—The term “consortium” means a group
that—
\(i\) includes at least 1 institution of higher education;
and
\(ii\) may include nongovernmental organizations that provide
and promote study abroad opportunities for students.
\(B\) Institution of higher education.—The term
“institution of higher education” has the meaning given
such term in section 101\(a\) of the Higher Education Act of
1965 \(20 U.S.C. 1001\(a\)\).
\(C\) Student.—The term “student” means an individual
who—
\(i\) meets the requirements under section 484\(a\)\(5\) of the
Higher Education Act of 1965 \(20 U.S.C. 1091\(a\)\(5\)\); and
\(ii\) is enrolled at an institution of higher education
located within the United States.
\(D\) Study abroad.—The term “study abroad” means an
educational program of study, work, service learning,
research, internship, or combination of such activities
that—
\(i\) is conducted outside of the United States; and
\(ii\) carries academic credit.
\(E\) World language.—The term “world language” means any
natural language other than English, including—
\(i\) languages determined by the Secretary of State to be
critical to the national security interests of the United
States;
\(ii\) classical languages;
\(iii\) American sign language; and
\(iv\) Native American languages.
\(2\) Senator paul simon study abroad program.—
\(A\) Establishment.—Subject to the availability of
appropriations and under the authority of the Mutual
Educational and Cultural Exchange Act of 1961 \(22 U.S.C. 2451
et seq.\), the Secretary of State shall—
\(i\) rename the IDEAS Program, or any successor program, as
the “Senator Paul Simon Study Abroad Program” \(referred to
in this subsection as the “Program”\); and
\(ii\) enhance the Program in accordance with this paragraph.
\(B\) Objectives.—The objectives of the Program are that not
later than 10 years after the date of the enactment of this
Act—
\(i\) not fewer than 1,000,000 undergraduate students from
the United States will study abroad annually;
\(ii\) study abroad participation will reflect all types of
students and institutions of higher education in the United
States; and
\(iii\) study abroad opportunities will expand to more
destinations that are less common for students to study
abroad as of the date of the enactment of this Act.
\(C\) Competitive grants to institutions of higher
education.—
\(i\) In general.—In order to accomplish the objectives
described in subparagraph \(B\), the Secretary of State shall
award grants, on a competitive basis, to institutions of
higher education, either individually or as part of a
consortium, based on applications by such institutions that—
\(I\) set forth detailed plans for using grant funds to
further such objectives;
\(II\) include an institutional commitment to expanding
access to study abroad;
\(III\) include plans for evaluating progress made in
increasing opportunities for study abroad;
\(IV\) describe how increases in study abroad participation
achieved through the grant will be sustained in subsequent
years; and
\(V\) demonstrate that the study abroad programs have
established health, safety, and security guidelines and
procedures, informed by Department of State travel advisories
and other appropriate Federal agencies and resources,
including the Overseas Security Advisory Council and the
Centers for Disease Control and Prevention.
\(ii\) Considerations.—In awarding grants under clause \(i\),
the Secretary may consider institutions of higher education
that offer study abroad programs with a significant world
language learning component, as applicable.
\(D\) Implementation of lincoln commission recommendations.—
In administering the Program, the Secretary of State shall
take fully into account the recommendations of the Lincoln
Commission, including—
\(i\) institutions of higher education applying for grants
described in subparagraph \(C\) shall use Program funds to
support direct student costs;
\(ii\) study abroad participation shall reflect all types of
students and institutions of higher education in the United
States; and
\(iii\) quality control shall be a defining characteristic of
the Program.
\(E\) Consultation.—In carrying out this paragraph, the
Secretary of State shall consult with—
\(i\) representatives of institutions of higher education
that have a wide spectrum of study abroad programs;
\(ii\) representatives of educational policy organizations;
and
\(iii\) other individuals with appropriate expertise.
\(3\) Annual briefing.—Not later than December 31 of each
year, the Secretary of State shall provide a briefing to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that details the implementation of the Program during the
most recently concluded fiscal year.
\(4\) Authorization of appropriations.—There are authorized
to be appropriated such sums as may be necessary to carry out
the Program for fiscal year 2027 and for each subsequent
fiscal year.
SA 6159. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title V, add the following:
SEC. 529E. MODIFICATION OF PERSONS NOT QUALIFIED FOR
ENLISTMENT DEFINITION.
Section 504\(b\)\(2\)\(B\) of title 10, United States Code, is
amended by striking “that the person will use in the primary
daily duties of that person as a member of the armed forces”
and inserting “that the person will use in the duties of
that person as a member of the armed forces”.
SA 6160. Mr. DURBIN \(for himself and Mr. Lee\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE \_\_—PROTECTING AMERICANS FROM GOVERNMENT SPYING ACT
SEC. \_\_01. SHORT TITLE.
This title may be cited as the “Protecting Americans from
Government Spying Act”.
SEC. \_\_02. QUERY PROCEDURE REFORM.
\(a\) Restrictions Relating to Conduct of Certain Queries.—
Section 702\(f\) of the Foreign Intelligence Surveillance Act
of 1978 \(50 U.S.C. 1881a\(f\)\) is amended—
\(1\) by redesignating paragraph \(5\) as paragraph \(7\) and
transferring such paragraph, as so redesignated, so as to
appear after paragraph \(6\); and
\(2\) in paragraph \(7\), as so redesignated—
\(A\) by striking subparagraph \(B\) and inserting the
following:
“\(B\) The term \`covered person' means—
“\(i\) a United States person; or
“\(ii\) a person reasonably believed to be located in the
United States—
“\(I\) at the time of the applicable query; or
“\(II\) at the time of the communication or creation of the
information subject to the applicable query.
“\(C\)\(i\) The term \`covered query' means a query that—
“\(I\) is conducted using 1 or more terms associated with 1
or more covered persons, including but not limited to
personally identifiable information; or
“\(II\) is conducted in whole or in part for the purpose of
detecting or retrieving information of or concerning 1 or
more covered persons.
“\(ii\) Whether a query is a covered query shall be
determined without regard to whether the information subject
to the query has already been detected or retrieved using a
method other than a query described in clause \(i\).
“\(D\) The term \`query'—
“\(i\) means the use of any technique, whether manual or
automated, to detect or retrieve information obtained through
acquisitions authorized under subsection \(a\) from within a
system, collection, or assortment of information, or a subset
thereof; and
“\(ii\) does not include the manual observation of retrieved
information.”.
\(b\) Prohibition on Warrantless Access to the Communications
and Other Information of United States Persons and Persons
Located in the United States.—Section 702\(f\) of the Foreign
Intelligence Surveillance Act of 1978 \(50 U.S.C. 1881a\(f\)\) is
amended—
\(1\) in paragraph \(1\)\(A\) by inserting “and the limitations
and requirements in paragraph \(2\)” after “Constitution of
the United States”;
\(2\) by redesignating paragraph \(4\) as paragraph \(5\); and
\(3\) by striking paragraphs \(2\) and \(3\) and inserting the
following:
“\(2\) Prohibition on warrantless access to the
communications and other information of united states persons
and persons located in the united states.—
“\(A\) In general.—Except as provided in subparagraph \(B\),
no officer or employee of any agency that has access to
unminimized communications or information obtained through an
acquisition under this section may access communications
content, or information the compelled disclosure of which
would require a probable cause warrant if sought for law
enforcement purposes inside the United States, acquired under
subsection \(a\) and returned in response to a covered query.
“\(B\) Exceptions for concurrent authorization, exigent
circumstances, consent, and certain defensive cybersecurity
queries.—
“\(i\) In general.—Subparagraph \(A\) shall not apply if—
“\(I\) the person to whom the covered query relates is the
subject of an order authorizing electronic surveillance, a
physical search, or an acquisition under section 105, section
304, section 703, or section 704 of this Act or a warrant
issued pursuant to the Federal Rules of Criminal Procedure by
a court of competent jurisdiction;
“\(II\)\(aa\) the person to whom the covered query relates is
the subject of an emergency authorization authorizing
electronic surveillance, a physical search, or an acquisition
under section 105, section 304, section 703, or section 704
of this Act; and
“\(bb\) the Attorney General makes or has made an
application to the Foreign Intelligence Surveillance Court in
accordance with section 105\(e\)\(1\)\(D\), section 304\(e\)\(1\)\(D\),
section 703\(d\)\(1\), or section 704\(d\)\(1\) of this Act;
“\(III\)\(aa\) the officer or employee accessing the
communications content or information has a reasonable belief
that—
“\(AA\) an emergency exists involving an imminent threat of
death or serious bodily harm; and
“\(BB\) in order to prevent or mitigate the threat described
in subitem \(AA\), the communications content or information
must be accessed before an authorization described in
subclause \(I\) can, with due diligence, be obtained; and
“\(bb\) not later than 7 days after the communications
content or information is accessed, a description of the
circumstances justifying the accessing of the results of the
covered query is provided to the Foreign Intelligence
Surveillance Court, the congressional intelligence
committees, the Committee on the Judiciary of the House of
Representatives, and the Committee on the Judiciary of the
Senate;
“\(IV\) such person or, if such person is incapable of
providing consent, a third party legally authorized to
consent on behalf of such person, has provided consent for
the access on a case-by-case basis; or
“\(V\)\(aa\) the communications content or information is
accessed and used for the sole purpose of identifying a
potential victim or unwitting conduit of malicious cyber
activity who is not a potential perpetrator of such activity;
“\(bb\) other than for the purposes described in item \(aa\),
no communications content or other information described in
subparagraph \(A\) are accessed or reviewed; and
“\(cc\) the accessing of the results of the covered query is
reported to the Foreign Intelligence Surveillance Court.
“\(ii\) Limitations.—
“\(I\) Denial of application made after emergency
authorization.—If the Foreign Intelligence Surveillance
Court denies an application described in clause \(i\)\(II\)\(bb\),
the restrictions set forth in section 105\(e\)\(5\), 304\(e\)\(5\),
section 703\(d\)\(4\), or section 704\(d\)\(4\), as applicable, shall
apply.
“\(II\) FISA court review of emergency exception.—
“\(aa\) In general.—Not later than 7 days after receipt of
a description provided under clause \(i\)\(III\)\(bb\), the Foreign
Intelligence Surveillance Court shall determine whether the
criteria set forth in clause \(i\)\(III\)\(aa\) were met.
“\(bb\) Submission.—The Foreign Intelligence Surveillance
Court may require the submission of any additional
information the Court considers necessary to make the
determination described in item \(aa\).
“\(cc\) Criteria not met.—If the Foreign Intelligence
Surveillance Court determines that the criteria set forth in
item \(aa\) of clause \(i\)\(III\) were not met, no information
obtained or evidence derived from the accessing of querying
results shall be received in evidence or otherwise disclosed
in any trial, hearing, or other proceeding in or before any
court, grand jury, department, office, agency, regulatory
body, legislative committee, or other authority of the United
States, a State, or political subdivision thereof, and no
information concerning any United States person acquired from
accessing of the results of the covered query shall
subsequently be used or disclosed in any other manner by
Federal officers or employees without the consent of such
person, except with the approval of the Attorney General if
the information indicates a threat of death or serious bodily
harm to any person.
“\(iii\) Assessment of compliance.—Not less frequently than
annually, the Attorney General shall assess—
“\(I\) compliance with the requirements under clause
\(i\)\(II\)\(bb\);
“\(II\) compliance with the requirements under clause
\(i\)\(III\)\(bb\); and
“\(III\) compliance with the requirements under subclauses
\(I\) and \(II\)\(cc\) of clause \(ii\).
“\(C\) Foreign intelligence purpose.—
“\(i\) In general.—Except as provided in clause \(ii\) of
this subparagraph, no officer or employee of any agency that
has access to unminimized communications or information
obtained through an acquisition under this section may
conduct a query of information acquired under subsection \(a\)
unless the query is reasonably likely to retrieve foreign
intelligence information.
“\(ii\) Exceptions.—An officer or employee of the Federal
Bureau of Investigation may conduct a query of information
acquired under this section that is not reasonably likely to
retrieve foreign intelligence information if—
“\(I\)\(aa\) the officer or employee conducting the query has
a reasonable belief that—
“\(AA\) an emergency exists involving an imminent threat of
death or serious bodily harm; and
“\(BB\) the query could reasonably be expected to assist in
mitigating or eliminating that threat to life or serious
bodily harm; and
“\(bb\) not later than 7 days after the query is conducted,
a description of the query is provided to the Foreign
Intelligence Surveillance Court, the congressional
intelligence committees, the Committee on the Judiciary of
the House of Representatives, and the Committee on the
Judiciary of the Senate; or
“\(II\) the query is necessary to identify information that
must be produced or preserved in connection with a litigation
matter or to fulfill discovery obligations in a criminal
matter under the laws of the United States or any State
thereof.
“\(iii\) Rule of construction.—Nothing in this subparagraph
shall be construed to limit any oversight or training
activities required under any other provision of law.
“\(3\) Documentation.—No officer or employee of any agency
that has access to unminimized communications or information
obtained through an acquisition under this section may access
communications content, or information the compelled
disclosure of which would require a probable cause warrant if
sought for law enforcement purposes inside the United States,
returned in response to a covered query unless an electronic
record is created that includes a statement of facts showing
that the access is authorized pursuant to an exception
specified in paragraph \(2\)\(B\).
“\(4\) Query record system.—The head of each agency that
has access to unminimized communications or information
obtained through an acquisition under this section shall
ensure that a system, mechanism, or business practice is in
place to maintain the records described in paragraph \(3\). Not
later than 90 days after the date of enactment of the
Protecting Americans from Government Spying Act, the head of
each agency that has access to unminimized communications or
information obtained through an acquisition under this
section shall report to Congress on its compliance with this
procedure.”.
\(c\) Conforming Amendments.—
\(1\) Section 603\(b\)\(2\) of the Foreign Intelligence
Surveillance Act of 1978 \(50 U.S.C. 1873\(b\)\(2\)\) is amended,
in the matter preceding subparagraph \(A\), by striking “,
including pursuant to subsection \(f\)\(2\) of such section,”.
\(2\) Section 706\(a\)\(2\)\(A\)\(i\) of the Foreign Intelligence
Surveillance Act of 1978 \(50 U.S.C. 1881e\(a\)\(2\)\(A\)\(i\)\) is
amended by striking “obtained an order of the Foreign
Intelligence Surveillance Court to access such information
pursuant to section 702\(f\)\(2\)” and inserting “accessed such
information in accordance with section 702\(b\)\(2\)”.
SA 6161. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Dream Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Dream Act of 2026”.
SEC. 1095. DEFINITIONS.
In this subtitle:
\(1\) In general.—Except as otherwise specifically provided,
any term used in this subtitle that is used in the
immigration laws shall have the meaning given such term in
the immigration laws.
\(2\) Applicable federal tax liability.—The term
“applicable Federal tax liability” means liability for
Federal taxes imposed under the Internal Revenue Code of
1986, including any penalties and interest on Federal taxes
imposed under that Code.
\(3\) Armed forces.—The term “Armed Forces” has the
meaning given the term “armed forces” in section 101 of
title 10, United States Code.
\(4\) DACA.—The term “DACA” means deferred action granted
to an alien pursuant to the Deferred Action for Childhood
Arrivals program announced by President Obama on June 15,
2012.
\(5\) Disability.—The term “disability” has the meaning
given such term in section 3\(1\) of the Americans with
Disabilities Act of 1990 \(42 U.S.C. 12102\(1\)\).
\(6\) Early childhood education program.—The term “early
childhood education program” has the meaning given such term
in section 103 of the Higher Education Act of 1965 \(20 U.S.C.
1003\).
\(7\) Elementary school; high school; secondary school.—The
terms “elementary school”, “high school”, and “secondary
school” have the meanings given such terms in section 8101
of the Elementary and Secondary Education Act of 1965 \(20
U.S.C. 7801\).
\(8\) Immigration laws.—The term “immigration laws” has
the meaning given such term in section 101\(a\)\(17\) of the
Immigration and Nationality Act \(8 U.S.C. 1101\(a\)\(17\)\).
\(9\) Institution of higher education.—The term
“institution of higher education”—
\(A\) except as provided in subparagraph \(B\), has the meaning
given such term in section 102 of the Higher Education Act of
1965 \(20 U.S.C. 1002\); and
\(B\) does not include an institution of higher education
outside of the United States.
\(10\) Permanent resident status on a conditional basis.—The
term “permanent resident status on a conditional basis”
means status as an alien lawfully admitted for permanent
residence on a conditional basis under this subtitle.
\(11\) Poverty line.—The term “poverty line” has the
meaning given such term in section 673 of the Community
Services Block Grant Act \(42 U.S.C. 9902\).
\(12\) Secretary.—Except as otherwise specifically provided,
the term “Secretary” means the Secretary of Homeland
Security.
\(13\) Uniformed services.—The term “Uniformed Services”
has the meaning given the term “uniformed services” in
section 101\(a\) of title 10, United States Code.
SEC. 1096. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS
FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.
\(a\) Conditional Basis for Status.—Notwithstanding any
other provision of law, an
alien shall be considered, at the time of obtaining the
status of an alien lawfully admitted for permanent residence
under this section, to have obtained such status on a
conditional basis subject to the provisions under this
subtitle.
\(b\) Requirements.—
\(1\) In general.—Notwithstanding any other provision of
law, the Secretary shall cancel the removal of, and adjust to
the status of an alien lawfully admitted for permanent
residence on a conditional basis, an alien who is
inadmissible or deportable from the United States, is in
temporary protected status under section 244 of the
Immigration and Nationality Act \(8 U.S.C. 1254a\), or is the
son or daughter of an alien admitted as a nonimmigrant
described in subparagraph \(E\)\(i\), \(E\)\(ii\), \(H\)\(i\)\(b\), or \(L\)
of section 101\(a\)\(15\) of such Act \(8 U.S.C. 1101\(a\)\(15\)\) if—
\(A\) the alien has been continuously physically present in
the United States since the date that is 4 years before the
date of the enactment of this Act;
\(B\) the alien was younger than 18 years of age on the date
on which the alien initially entered the United States;
\(C\) subject to paragraphs \(2\) and \(3\), the alien—
\(i\) is not inadmissible under paragraph \(2\), \(3\), \(6\)\(E\),
\(6\)\(G\), \(8\), \(10\)\(A\), \(10\)\(C\), or \(10\)\(D\) of section 212\(a\)
of the Immigration and Nationality Act \(8 U.S.C. 1182\(a\)\);
\(ii\) has not ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion; and
\(iii\) has not been convicted of—
\(I\) any offense under Federal or State law, other than a
State offense for which an essential element is the alien's
immigration status, that is punishable by a maximum term of
imprisonment of more than 1 year; or
\(II\) 3 or more offenses under Federal or State law, other
than State offenses for which an essential element is the
alien's immigration status, for which the alien was convicted
on different dates for each of the 3 offenses and imprisoned
for an aggregate of 90 days or more;
\(D\) the alien—
\(i\) has been admitted to an institution of higher
education;
\(ii\) has earned a high school diploma or a commensurate
alternative award from a public or private high school, or
has obtained a general education development certificate
recognized under State law or a high school equivalency
diploma in the United States;
\(iii\) is enrolled in secondary school or in an education
program assisting students in—
\(I\) obtaining a regular high school diploma or its
recognized equivalent under State law; or
\(II\) in passing a general educational development exam, a
high school equivalence diploma examination, or other similar
State-authorized exam; or
\(iv\)\(I\) has served, is serving, or has enlisted in the
Armed Forces; or
\(II\) in the case of an alien who has been discharged from
the Armed Forces, has received an honorable discharge; and
\(E\) the alien has sworn under penalty of perjury that the
alien—
\(i\) has no unpaid applicable Federal tax liability, which
is assessed and is not being disputed;
\(ii\) has entered into an agreement to resolve any such
assessed and undisputed Federal tax liability \(via an
installment agreement, an offer in compromise, or otherwise\)
which has been approved by the Commissioner of Internal
Revenue; or
\(iii\) has applied in good faith to enter into an agreement
to resolve any such assessed and undisputed Federal tax
liability, which has not been rejected by the Commissioner of
Internal Revenue.
\(2\) Waiver.—With respect to any benefit under this
subtitle, the Secretary may waive the grounds of
inadmissibility under paragraph \(2\), \(6\)\(E\), \(6\)\(G\), or
\(10\)\(D\) of section 212\(a\) of the Immigration and Nationality
Act \(8 U.S.C. 1182\(a\)\) for humanitarian purposes or family
unity or if the waiver is otherwise in the public interest.
\(3\) Treatment of expunged convictions.—An expunged
conviction shall not automatically be treated as an offense
under paragraph \(1\). The Secretary shall evaluate expunged
convictions on a case-by-case basis according to the nature
and severity of the offense to determine whether, under the
particular circumstances, the Secretary determines that the
alien should be eligible for cancellation of removal,
adjustment to permanent resident status on a conditional
basis, or other adjustment of status.
\(4\) DACA recipients.—The Secretary shall cancel the
removal of, and adjust to the status of an alien lawfully
admitted for permanent residence on a conditional basis, an
alien who was granted DACA unless the alien has engaged in
conduct since the alien was granted DACA that would make the
alien ineligible for DACA.
\(5\) Application fee.—
\(A\) In general.—The Secretary may require an alien
applying for permanent resident status on a conditional basis
under this section to pay a reasonable fee that is
commensurate with the cost of processing the application.
\(B\) Exemption.—An applicant may be exempted from paying
the fee required under subparagraph \(A\) if the alien—
\(i\)\(I\) is younger than 18 years of age;
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
\(III\) is in foster care or otherwise lacking any parental
or other familial support;
\(ii\) is younger than 18 years of age and is homeless;
\(iii\)\(I\) cannot care for himself or herself because of a
serious, chronic disability; and
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
\(iv\)\(I\) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, accumulated $10,000 or more in debt as a result of
unreimbursed medical expenses incurred by the alien or an
immediate family member of the alien; and
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
\(6\) Submission of biometric and biographic data.—The
Secretary may not grant an alien permanent resident status on
a conditional basis under this section unless the alien
submits biometric and biographic data, in accordance with
procedures established by the Secretary. The Secretary shall
provide an alternative procedure for aliens who are unable to
provide such biometric or biographic data because of a
physical impairment.
\(7\) Background checks.—
\(A\) Requirement for background checks.—The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate—
\(i\) to conduct security and law enforcement background
checks of an alien seeking permanent resident status on a
conditional basis under this section; and
\(ii\) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for such status.
\(B\) Completion of background checks.—The security and law
enforcement background checks of an alien required under
subparagraph \(A\) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary grants
such alien permanent resident status on a conditional basis
under this section.
\(8\) Medical examination.—
\(A\) Requirement.—An alien applying for permanent resident
status on a conditional basis under this section shall
undergo a medical examination.
\(B\) Policies and procedures.—The Secretary, with the
concurrence of the Secretary of Health and Human Services,
shall prescribe policies and procedures for the nature and
timing of the examination required under subparagraph \(A\).
\(9\) Military selective service.—An alien applying for
permanent resident status on a conditional basis under this
section shall establish that the alien has registered under
the Military Selective Service Act \(50 U.S.C. 3801 et seq.\),
if the alien is subject to registration under such Act.
\(c\) Determination of Continuous Presence.—
\(1\) Termination of continuous period.—Any period of
continuous physical presence in the United States of an alien
who applies for permanent resident status on a conditional
basis under this section shall not terminate when the alien
is served a notice to appear under section 239\(a\) of the
Immigration and Nationality Act \(8 U.S.C. 1229\(a\)\).
\(2\) Treatment of certain breaks in presence.—
\(A\) In general.—Except as provided in subparagraphs \(B\)
and \(C\), an alien shall be considered to have failed to
maintain continuous physical presence in the United States
under subsection \(b\)\(1\)\(A\) if the alien has departed from the
United States for any period exceeding 90 days or for any
periods, in the aggregate, exceeding 180 days.
\(B\) Extensions for extenuating circumstances.—The
Secretary may extend the time periods described in
subparagraph \(A\) for an alien who demonstrates that the
failure to timely return to the United States was due to
extenuating circumstances beyond the alien's control,
including the serious illness of the alien, or death or
serious illness of a parent, grandparent, sibling, or child
of the alien.
\(C\) Travel authorized by the secretary.—Any period of
travel outside of the United States by an alien that was
authorized by the Secretary may not be counted toward any
period of departure from the United States under subparagraph
\(A\).
\(d\) Limitation on Removal of Certain Aliens.—
\(1\) In general.—The Secretary or the Attorney General may
not remove an alien who appears prima facie eligible for
relief under this section.
\(2\) Aliens subject to removal.—The Secretary shall provide
a reasonable opportunity to apply for relief under this
section to any alien who requests such an opportunity or who
appears prima facie eligible for relief under this section if
the alien is in removal proceedings, is the subject of a
final removal order, or is the subject of a voluntary
departure order.
\(3\) Certain aliens enrolled in elementary or secondary
school.—
\(A\) Stay of removal.—The Attorney General shall stay the
removal proceedings of an alien who—
\(i\) meets all the requirements under subparagraphs \(A\),
\(B\), and \(C\) of subsection \(b\)\(1\), subject to paragraphs \(2\)
and \(3\) of such subsection;
\(ii\) is at least 5 years of age; and
\(iii\) is enrolled in an elementary school, a secondary
school, or an early childhood education program.
\(B\) Commencement of removal proceedings.—The Secretary may
not commence removal proceedings for an alien described in
subparagraph \(A\).
\(C\) Employment.—An alien whose removal is stayed pursuant
to subparagraph \(A\) or who may not be placed in removal
proceedings pursuant to subparagraph \(B\) shall, upon
application to the Secretary, be granted an employment
authorization document.
\(D\) Lift of stay.—The Secretary or Attorney General may
not lift the stay granted to an alien under subparagraph \(A\)
unless the alien ceases to meet the requirements under such
subparagraph.
\(e\) Exemption From Numerical Limitations.—Nothing in this
section or in any other law may be construed to apply a
numerical limitation on the number of aliens who may be
granted permanent resident status on a conditional basis
under this subtitle.
SEC. 1097. TERMS OF PERMANENT RESIDENT STATUS ON A
CONDITIONAL BASIS.
\(a\) Period of Status.—Permanent resident status on a
conditional basis is—
\(1\) valid for a period of 8 years, unless such period is
extended by the Secretary; and
\(2\) subject to termination under subsection \(c\).
\(b\) Notice of Requirements.—At the time an alien obtains
permanent resident status on a conditional basis, the
Secretary shall provide notice to the alien regarding the
provisions of this subtitle and the requirements to have the
conditional basis of such status removed.
\(c\) Termination of Status.—The Secretary may terminate the
permanent resident status on a conditional basis of an alien
only if the Secretary—
\(1\) determines that the alien ceases to meet the
requirements under paragraph \(1\)\(C\) of section 1096\(b\),
subject to paragraphs \(2\) and \(3\) of that section; and
\(2\) prior to the termination, provides the alien—
\(A\) notice of the proposed termination; and
\(B\) the opportunity for a hearing to provide evidence that
the alien meets such requirements or otherwise contest the
termination.
\(d\) Return to Previous Immigration Status.—
\(1\) In general.—Except as provided in paragraph \(2\), an
alien whose permanent resident status on a conditional basis
expires under subsection \(a\)\(1\) or is terminated under
subsection \(c\) or whose application for such status is denied
shall return to the immigration status that the alien had
immediately before receiving permanent resident status on a
conditional basis or applying for such status, as
appropriate.
\(2\) Special rule for temporary protected status.—An alien
whose permanent resident status on a conditional basis
expires under subsection \(a\)\(1\) or is terminated under
subsection \(c\) or whose application for such status is denied
and who had temporary protected status under section 244 of
the Immigration and Nationality Act \(8 U.S.C. 1254a\)
immediately before receiving or applying for such permanent
resident status on a conditional basis, as appropriate, may
not return to such temporary protected status if—
\(A\) the relevant designation under section 244\(b\) of the
Immigration and Nationality Act \(8 U.S.C. 1254a\(b\)\) has been
terminated; or
\(B\) the Secretary determines that the reason for
terminating the permanent resident status on a conditional
basis renders the alien ineligible for such temporary
protected status.
SEC. 1098. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT
STATUS.
\(a\) Eligibility for Removal of Conditional Basis.—
\(1\) In general.—Subject to paragraph \(2\), the Secretary
shall remove the conditional basis of an alien's permanent
resident status granted under this subtitle and grant the
alien status as an alien lawfully admitted for permanent
residence if the alien—
\(A\) is described in paragraph \(1\)\(C\) of section 1096\(b\),
subject to paragraphs \(2\) and \(3\) of that section;
\(B\) has not abandoned the alien's residence in the United
States; and
\(C\)\(i\) has acquired a degree from an institution of higher
education or has completed at least 2 years, in good
standing, in a program for a bachelor's degree or higher
degree in the United States;
\(ii\) has served in the Armed Forces for at least 2 years
and, if discharged, received an honorable discharge; or
\(iii\) has been employed for periods totaling at least 3
years and at least 75 percent of the time that the alien has
had a valid employment authorization, except that any period
during which the alien is not employed while having a valid
employment authorization and is enrolled in an institution of
higher education, a secondary school, or an education program
described in section 1096\(b\)\(1\)\(D\)\(iii\), shall not count
toward the time requirements under this clause.
\(2\) Hardship exception.—The Secretary shall remove the
conditional basis of an alien's permanent resident status and
grant the alien status as an alien lawfully admitted for
permanent residence if the alien—
\(A\) satisfies the requirements under subparagraphs \(A\) and
\(B\) of paragraph \(1\);
\(B\) demonstrates compelling circumstances for the inability
to satisfy the requirements under subparagraph \(C\) of such
paragraph; and
\(C\) demonstrates that—
\(i\) the alien has a disability;
\(ii\) the alien is a full-time caregiver of a minor child;
or
\(iii\) the removal of the alien from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent, or child who is a national of the United
States or is lawfully admitted for permanent residence.
\(3\) Citizenship requirement.—
\(A\) In general.—Except as provided in subparagraph \(B\),
the conditional basis of an alien's permanent resident status
granted under this subtitle may not be removed unless the
alien demonstrates that the alien satisfies the requirements
under section 312\(a\) of the Immigration and Nationality Act
\(8 U.S.C. 1423\(a\)\).
\(B\) Exception.—Subparagraph \(A\) shall not apply to an
alien who is unable to meet the requirements under such
section 312\(a\) due to disability.
\(4\) Application fee.—
\(A\) In general.—The Secretary may require aliens applying
for lawful permanent resident status under this section to
pay a reasonable fee that is commensurate with the cost of
processing the application.
\(B\) Exemption.—An applicant may be exempted from paying
the fee required under subparagraph \(A\) if the alien—
\(i\)\(I\) is younger than 18 years of age;
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; and
\(III\) is in foster care or otherwise lacking any parental
or other familial support;
\(ii\) is younger than 18 years of age and is homeless;
\(iii\)\(I\) cannot care for himself or herself because of a
serious, chronic disability; and
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line; or
\(iv\)\(I\) during the 12-month period immediately preceding
the date on which the alien files an application under this
section, the alien accumulated $10,000 or more in debt as a
result of unreimbursed medical expenses incurred by the alien
or an immediate family member of the alien; and
\(II\) received total income, during the 12-month period
immediately preceding the date on which the alien files an
application under this section, that is less than 150 percent
of the poverty line.
\(5\) Submission of biometric and biographic data.—The
Secretary may not remove the conditional basis of an alien's
permanent resident status unless the alien submits biometric
and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an
alternative procedure for applicants who are unable to
provide such biometric data because of a physical impairment.
\(6\) Background checks.—
\(A\) Requirement for background checks.—The Secretary shall
utilize biometric, biographic, and other data that the
Secretary determines appropriate—
\(i\) to conduct security and law enforcement background
checks of an alien applying for removal of the conditional
basis of the alien's permanent resident status; and
\(ii\) to determine whether there is any criminal, national
security, or other factor that would render the alien
ineligible for removal of such conditional basis.
\(B\) Completion of background checks.—The security and law
enforcement background checks of an alien required under
subparagraph \(A\) shall be completed, to the satisfaction of
the Secretary, before the date on which the Secretary removes
the conditional basis of the alien's permanent resident
status.
\(b\) Treatment for Purposes of Naturalization.—
\(1\) In general.—For purposes of title III of the
Immigration and Nationality Act \(8 U.S.C. 1401 et seq.\), an
alien granted permanent resident status on a conditional
basis shall be considered to have been admitted to the United
States, and be present in the United States, as an alien
lawfully admitted for permanent residence.
\(2\) Limitation on application for naturalization.—An alien
may not apply for naturalization while the alien is in
permanent resident status on a conditional basis.
SEC. 1099. DOCUMENTATION REQUIREMENTS.
\(a\) Documents Establishing Identity.—An alien's
application for permanent resident status on a conditional
basis may include, as proof of identity—
\(1\) a passport or national identity document from the
alien's country of origin that includes the alien's name and
the alien's photograph or fingerprint;
\(2\) the alien's birth certificate and an identity card that
includes the alien's name and photograph;
\(3\) a school identification card that includes the alien's
name and photograph, and school records showing the alien's
name and that the alien is or was enrolled at the school;
\(4\) a Uniformed Services identification card issued by the
Department of Defense;
\(5\) any immigration or other document issued by the United
States Government bearing the alien's name and photograph; or
\(6\) a State-issued identification card bearing the alien's
name and photograph.
\(b\) Documents Establishing Continuous Physical Presence in
the United States.—To establish that an alien has been
continuously physically present in the United States, as
required under section 1096\(b\)\(1\)\(A\), or to establish that an
alien has not abandoned residence in the United States, as
required under section 1098\(a\)\(1\)\(B\), the alien may submit
documents to the Secretary, including—
\(1\) employment records that include the employer's name and
contact information;
\(2\) records from any educational institution the alien has
attended in the United States;
\(3\) records of service from the Uniformed Services;
\(4\) official records from a religious entity confirming the
alien's participation in a religious ceremony;
\(5\) passport entries;
\(6\) a birth certificate for a child who was born in the
United States;
\(7\) automobile license receipts or registration;
\(8\) deeds, mortgages, or rental agreement contracts;
\(9\) tax receipts;
\(10\) insurance policies;
\(11\) remittance records;
\(12\) rent receipts or utility bills bearing the alien's
name or the name of an immediate family member of the alien,
and the alien's address;
\(13\) copies of money order receipts for money sent in or
out of the United States;
\(14\) dated bank transactions; or
\(15\) 2 or more sworn affidavits from individuals who are
not related to the alien who have direct knowledge of the
alien's continuous physical presence in the United States,
that contain—
\(A\) the name, address, and telephone number of the affiant;
and
\(B\) the nature and duration of the relationship between the
affiant and the alien.
\(c\) Documents Establishing Initial Entry Into the United
States.—To establish under section 1096\(b\)\(1\)\(B\) that an
alien was younger than 18 years of age on the date on which
the alien initially entered the United States, an alien may
submit documents to the Secretary, including—
\(1\) an admission stamp on the alien's passport;
\(2\) records from any educational institution the alien has
attended in the United States;
\(3\) any document from the Department of Justice or the
Department of Homeland Security stating the alien's date of
entry into the United States;
\(4\) hospital or medical records showing medical treatment
or hospitalization, the name of the medical facility or
physician, and the date of the treatment or hospitalization;
\(5\) rent receipts or utility bills bearing the alien's name
or the name of an immediate family member of the alien, and
the alien's address;
\(6\) employment records that include the employer's name and
contact information;
\(7\) official records from a religious entity confirming the
alien's participation in a religious ceremony;
\(8\) a birth certificate for a child who was born in the
United States;
\(9\) automobile license receipts or registration;
\(10\) deeds, mortgages, or rental agreement contracts;
\(11\) tax receipts;
\(12\) travel records;
\(13\) copies of money order receipts sent in or out of the
country;
\(14\) dated bank transactions;
\(15\) remittance records; or
\(16\) insurance policies.
\(d\) Documents Establishing Admission to an Institution of
Higher Education.—To establish that an alien has been
admitted to an institution of higher education, the alien
shall submit to the Secretary a document from the institution
of higher education certifying that the alien—
\(1\) has been admitted to the institution; or
\(2\) is currently enrolled in the institution as a student.
\(e\) Documents Establishing Receipt of a Degree From an
Institution of Higher Education.—To establish that an alien
has acquired a degree from an institution of higher education
in the United States, the alien shall submit to the Secretary
a diploma or other document from the institution stating that
the alien has received such a degree.
\(f\) Documents Establishing Receipt of High School Diploma,
General Educational Development Certificate, or a Recognized
Equivalent.—To establish that an alien has earned a high
school diploma or a commensurate alternative award from a
public or private high school, or has obtained a general
educational development certificate recognized under State
law or a high school equivalency diploma in the United
States, the alien shall submit to the Secretary—
\(1\) a high school diploma, certificate of completion, or
other alternate award;
\(2\) a high school equivalency diploma or certificate
recognized under State law; or
\(3\) evidence that the alien passed a State-authorized exam,
including the general educational development exam, in the
United States.
\(g\) Documents Establishing Enrollment in an Educational
Program.—To establish that an alien is enrolled in any
school or education program described in section
1096\(b\)\(1\)\(D\)\(iii\), 1096\(d\)\(3\)\(A\)\(iii\), or 1098\(a\)\(1\)\(C\), the
alien shall submit school records from the United States
school that the alien is currently attending that include—
\(1\) the name of the school; and
\(2\) the alien's name, periods of attendance, and current
grade or educational level.
\(h\) Documents Establishing Exemption From Application
Fees.—To establish that an alien is exempt from an
application fee under section 1096\(b\)\(5\)\(B\) or 1098\(a\)\(4\)\(B\),
the alien shall submit to the Secretary the following
relevant documents:
\(1\) Documents to establish age.—To establish that an alien
meets an age requirement, the alien shall provide proof of
identity, as described in subsection \(a\), that establishes
that the alien is younger than 18 years of age.
\(2\) Documents to establish income.—To establish the
alien's income, the alien shall provide—
\(A\) employment records that have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency;
\(B\) bank records; or
\(C\) at least 2 sworn affidavits from individuals who are
not related to the alien and who have direct knowledge of the
alien's work and income that contain—
\(i\) the name, address, and telephone number of the affiant;
and
\(ii\) the nature and duration of the relationship between
the affiant and the alien.
\(3\) Documents to establish foster care, lack of familial
support, homelessness, or serious, chronic disability.—To
establish that the alien was in foster care, lacks parental
or familial support, is homeless, or has a serious, chronic
disability, the alien shall provide at least 2 sworn
affidavits from individuals who are not related to the alien
and who have direct knowledge of the circumstances that
contain—
\(A\) a statement that the alien is in foster care, otherwise
lacks any parental or other familiar support, is homeless, or
has a serious, chronic disability, as appropriate;
\(B\) the name, address, and telephone number of the affiant;
and
\(C\) the nature and duration of the relationship between the
affiant and the alien.
\(4\) Documents to establish unpaid medical expense.—To
establish that the alien has debt as a result of unreimbursed
medical expenses, the alien shall provide receipts or other
documentation from a medical provider that—
\(A\) bear the provider's name and address;
\(B\) bear the name of the individual receiving treatment;
and
\(C\) document that the alien has accumulated $10,000 or more
in debt in the past 12 months as a result of unreimbursed
medical expenses incurred by the alien or an immediate family
member of the alien.
\(i\) Documents Establishing Qualification for Hardship
Exemption.—To establish that an alien satisfies one of the
criteria for the hardship exemption set forth in section
1098\(a\)\(2\)\(C\), the alien shall submit to the Secretary at
least 2 sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the
circumstances that warrant the exemption, that contain—
\(1\) the name, address, and telephone number of the affiant;
and
\(2\) the nature and duration of the relationship between the
affiant and the alien.
\(j\) Documents Establishing Service in the Armed Forces.—To
establish that an alien has served in the Armed Forces for at
least 2 years and, if discharged, received an honorable
discharge, the alien shall submit to the Secretary official
service records showing the character of the alien's service.
\(k\) Documents Establishing Employment.—
\(1\) In general.—An alien may satisfy the employment
requirement under section 1098\(a\)\(1\)\(C\)\(iii\) by submitting
records that—
\(A\) establish compliance with such employment requirement;
and
\(B\) have been maintained by the Social Security
Administration, the Internal Revenue Service, or any other
Federal, State, or local government agency.
\(2\) Other documents.—An alien who is unable to submit the
records described in paragraph \(1\) may satisfy the employment
requirement by submitting at least 2 types of reliable
documents that provide evidence of employment, including—
\(A\) bank records;
\(B\) business records;
\(C\) employer records;
\(D\) records of a labor union, day labor center, or
organization that assists workers in employment;
\(E\) sworn affidavits from individuals who are not related
to the alien and who have direct knowledge of the alien's
work, that contain—
\(i\) the name, address, and telephone number of the affiant;
and
\(ii\) the nature and duration of the relationship between
the affiant and the alien; and
\(F\) remittance records.
\(l\) Authority To Prohibit Use of Certain Documents.—If the
Secretary determines, after publication in the Federal
Register and
an opportunity for public comment, that any document or class
of documents does not reliably establish identity or that
permanent resident status on a conditional basis is being
obtained fraudulently to an unacceptable degree, the
Secretary may prohibit or restrict the use of such document
or class of documents.
SEC. 1099A. RULEMAKING.
\(a\) Initial Publication.—Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
publish regulations implementing this subtitle in the Federal
Register. Such regulations shall allow eligible individuals
to immediately apply affirmatively for the relief available
under section 1096 without being placed in removal
proceedings.
\(b\) Interim Regulations.—Notwithstanding section 553 of
title 5, United States Code, the regulations published
pursuant to subsection \(a\) shall be effective, on an interim
basis, immediately upon publication in the Federal Register,
but may be subject to change and revision after public notice
and opportunity for a period of public comment.
\(c\) Final Regulations.—Not later than 180 days after the
date on which interim regulations are published under this
section, the Secretary shall publish final regulations
implementing this subtitle.
\(d\) Paperwork Reduction Act.—The requirements under
chapter 35 of title 44, United States Code \(commonly known as
the “Paperwork Reduction Act”\), shall not apply to any
action to implement this subtitle.
SEC. 1099B. CONFIDENTIALITY OF INFORMATION.
\(a\) In General.—The Secretary may not disclose or use
information provided in applications filed under this
subtitle or in requests for DACA for the purpose of
immigration enforcement.
\(b\) Referrals Prohibited.—The Secretary may not refer any
individual who has been granted permanent resident status on
a conditional basis or who was granted DACA to U.S.
Immigration and Customs Enforcement, U.S. Customs and Border
Protection, or any designee of either such entity.
\(c\) Limited Exception.—Notwithstanding subsections \(a\) and
\(b\), information provided in an application for permanent
resident status on a conditional basis or a request for DACA
may be shared with Federal security and law enforcement
agencies—
\(1\) for assistance in the consideration of an application
for permanent resident status on a conditional basis;
\(2\) to identify or prevent fraudulent claims;
\(3\) for national security purposes; or
\(4\) for the investigation or prosecution of any felony not
related to immigration status.
\(d\) Penalty.—Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SA 6162. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE —DISRUPT EXPLICIT FORGED IMAGES AND NON-CONSENSUAL EDITS
ACT OF 2026
SEC. 01. SHORT TITLE.
This title may be cited as the “Disrupt Explicit Forged
Images And Non-Consensual Edits Act of 2026” or the
“DEFIANCE Act of 2026”.
SEC. 02. FINDINGS.
Congress finds the following:
\(1\) Digital forgeries, often called deepfakes, are
synthetic images and videos that look realistic. The
technology to create digital forgeries is now ubiquitous and
easy to use. Hundreds of apps are available that can quickly
generate digital forgeries without the need for any technical
expertise.
\(2\) Digital forgeries can be wholly fictitious but can also
manipulate images of real people to depict sexually intimate
conduct that did not occur. For example, some digital
forgeries will paste the face of an individual onto the body
of a real or fictitious individual who is nude or who is
engaging in sexual activity. Another example is a photograph
of an individual that is manipulated to digitally remove the
clothing of the individual so that the person appears to be
nude.
\(3\) The individuals depicted in such digital forgeries are
profoundly harmed when the content is produced with intent to
disclose, disclosed, or obtained without the consent of those
individuals. These harms are not mitigated through labels or
other information that indicates that the depiction is fake.
\(4\) It can be destabilizing to victims whenever those
victims are depicted in intimate digital forgeries against
their will, as the privacy of those victims is violated and
the victims lose control over their likeness and identity.
\(5\) Victims can feel helpless because the victims—
\(A\) may not be able to determine who has created the
content; and
\(B\) do not know how to prevent further disclosure of the
intimate digital forgery or how to prevent more forgeries
from being made.
\(6\) Victims may be fearful of being in public out of
concern that individuals the victims encounter have seen the
digital forgeries. This leads to social rupture through the
loss of the ability to trust, stigmatization, and isolation.
\(7\) Victims of non-consensual, sexually intimate digital
forgeries may experience depression, anxiety, and suicidal
ideation. These victims may also experience the “silencing
effect” in which the victims withdraw from online spaces and
public discourse to avoid further abuse.
\(8\) Digital forgeries are often used to—
\(A\) harass victims, interfering with their employment,
education, reputation, or sense of safety; or
\(B\) commit extortion, sexual assault, domestic violence,
and other crimes.
\(9\) Because of the harms caused by non-consensual, sexually
intimate digital forgeries, such digital forgeries are
considered to be a form of image-based sexual abuse.
SEC. 03. CIVIL ACTION RELATING TO DISCLOSURE OF INTIMATE
IMAGES.
\(a\) Definitions.—Section 1309 of the Consolidated
Appropriations Act, 2022 \(15 U.S.C. 6851\) is amended—
\(1\) in the section heading, by inserting “or nonconsensual
activity involving digital forgeries” after “intimate
images”; and
\(2\) in subsection \(a\)—
\(A\) in paragraph \(2\), by inserting “competent,” after
“conscious,”;
\(B\) by striking paragraph \(3\);
\(C\) by redesignating paragraph \(4\) as paragraph \(3\);
\(D\) by redesignating paragraphs \(5\) and \(6\) as paragraphs
\(6\) and \(7\), respectively;
\(E\) by inserting after paragraph \(3\) the following:
“\(4\) Identifiable individual.—The term \`identifiable
individual' means an individual whose body appears in whole
or in part in an intimate visual depiction or intimate
digital forgery and who is identifiable by virtue of the
individual's face, likeness, or other distinguishing
characteristic, such as a unique birthmark or other
recognizable feature, or from information displayed in
connection with the intimate visual depiction or intimate
digital forgery.
“\(5\) Intimate digital forgery.—
“\(A\) In general.—The term \`intimate digital forgery'
means any intimate visual depiction of an identifiable
individual that—
“\(i\) falsely represents, in whole or in part—
“\(I\) the identifiable individual; or
“\(II\) the conduct or content that makes the visual
depiction intimate;
“\(ii\) is created through the use of software, machine
learning, artificial intelligence, or any other computer-
generated or technological means, including by adapting,
modifying, manipulating, or altering an authentic visual
depiction; and
“\(iii\) is indistinguishable from an authentic visual
depiction of the identifiable individual when viewed as a
whole by a reasonable person.
“\(B\) Labels, disclosure, and context.—Any visual
depiction described in subparagraph \(A\) constitutes an
intimate digital forgery for purposes of this paragraph
regardless of whether a label, information disclosed with the
visual depiction, or the context or setting in which the
visual depiction is disclosed states or implies that the
visual depiction is not authentic.”; and
\(F\) in paragraph \(6\)\(A\), as so redesignated—
\(i\) in clause \(i\), by striking “or” at the end;
\(ii\) in clause \(ii\)—
\(I\) in subclause \(I\), by striking “individual;” and
inserting “individual; or”; and
\(II\) by striking subclause \(III\); and
\(iii\) by adding at the end the following:
“\(iii\) an identifiable individual engaging in sexually
explicit conduct; and”.
\(b\) Civil Action.—Section 1309\(b\) of the Consolidated
Appropriations Act, 2022 \(15 U.S.C. 6851\(b\)\) is amended—
\(1\) in paragraph \(1\)—
\(A\) by striking subparagraph \(A\) and inserting the
following:
“\(A\) In general.—Except as provided in paragraph \(5\)—
“\(i\) an identifiable individual whose intimate visual
depiction is disclosed, in or affecting interstate or foreign
commerce or using any means or facility of interstate or
foreign commerce, without the consent of the identifiable
individual, where such disclosure was made by a person who
knows or recklessly disregards that the identifiable
individual has not consented to such disclosure, may bring a
civil action against that person in an appropriate district
court of the United States for relief as set forth in
paragraph \(3\);
“\(ii\) an identifiable individual who is the subject of an
intimate digital forgery may bring a civil action in an
appropriate district court of the United States for relief as
set forth in paragraph \(3\) against any person that knowingly
produced or possessed the intimate digital forgery with
intent to disclose it, knowingly disclosed the intimate
digital forgery, or knowingly solicited and received the
intimate digital forgery, if—
“\(I\) the identifiable individual did not consent to such
production or possession with intent to disclose, disclosure,
or solicitation and receipt;
“\(II\) the person knew or recklessly disregarded that the
identifiable individual did not consent to such production or
possession with intent to disclose, disclosure, or
solicitation and receipt; and
“\(III\) such production or possession with intent to
disclose, disclosure, or solicitation and receipt, is in or
affects interstate or foreign commerce or uses any means or
facility of interstate or foreign commerce; and
“\(iii\) an identifiable individual who is the subject of an
intimate digital forgery may bring a civil action in an
appropriate district court of the United States for relief as
set forth in paragraph \(3\) against any person that knowingly
produced the intimate digital forgery if—
“\(I\) the identifiable individual did not consent to such
production;
“\(II\) the person knew or recklessly disregarded that the
identifiable individual—
“\(aa\) did not consent to such production; and
“\(bb\) was harmed, or was reasonably likely to be harmed,
by the production; and
“\(III\) such production is in or affects interstate or
foreign commerce or uses any means or facility of interstate
or foreign commerce.”; and
\(B\) in subparagraph \(B\)—
\(i\) in the subparagraph heading, by inserting
“identifiable” before “individuals”; and
\(ii\) by striking “an individual who is under 18 years of
age, incompetent, incapacitated, or deceased, the legal
guardian of the individual” and inserting “an identifiable
individual who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the
identifiable individual”;
\(2\) in paragraph \(2\)—
\(A\) in subparagraph \(A\)—
\(i\) by inserting “identifiable” before “individual”;
\(ii\) by striking “depiction” and inserting “intimate
visual depiction or intimate digital forgery”; and
\(iii\) by striking “distribution” and inserting
“disclosure, solicitation, or possession”; and
\(B\) in subparagraph \(B\)—
\(i\) by inserting “identifiable” before “individual”;
\(ii\) by inserting “or intimate digital forgery” after
“depiction” each place it appears; and
\(iii\) by inserting “, solicitation, or possession” after
“disclosure”;
\(3\) by redesignating paragraph \(4\) as paragraph \(5\);
\(4\) by striking paragraph \(3\) and inserting the following:
“\(3\) Relief.—
“\(A\) In general.—In a civil action filed under this
section, an identifiable individual may recover—
“\(i\) damages as provided under subparagraph \(C\); and
“\(ii\) the cost of the action, including reasonable
attorney fees and other litigation costs reasonably incurred.
“\(B\) Punitive damages and other relief.—The court may, in
addition to any other relief available at law, award punitive
damages or order equitable relief, including a temporary
restraining order, a preliminary injunction, or a permanent
injunction ordering the defendant to delete, destroy, or
cease to display or disclose the intimate visual depiction or
intimate digital forgery.
“\(C\) Damages.—For purposes of subparagraph \(A\)\(i\), the
identifiable individual may recover—
“\(i\) liquidated damages in the amount of—
“\(I\) $150,000; or
“\(II\) $250,000 if the conduct at issue in the claim was—
“\(aa\) committed in relation to actual or attempted sexual
assault, stalking, or harassment of the identifiable
individual by the defendant; or
“\(bb\) the direct and proximate cause of actual or
attempted sexual assault, stalking, or harassment of the
identifiable individual by any person; or
“\(ii\) actual damages sustained by the individual, which
shall include any profits of the defendant that are
attributable to the conduct at issue in the claim that are
not otherwise taken into account in computing the actual
damages.
“\(D\) Calculation of defendant's profit.—For purposes of
subparagraph \(C\)\(ii\), to establish the defendant's profits,
the identifiable individual shall be required to present
proof only of the gross revenue of the defendant, and the
defendant shall be required to prove the deductible expenses
of the defendant and the elements of profit attributable to
factors other than the conduct at issue in the claim.
“\(4\) Preservation of privacy.—In a civil action filed
under this section, the court may issue an order to protect
the privacy of a plaintiff, including by—
“\(A\) permitting the plaintiff to use a pseudonym;
“\(B\) requiring the parties to redact the personal
identifying information of the plaintiff from any public
filing, or to file such documents under seal; and
“\(C\) issuing a protective order for purposes of discovery,
which may include an order indicating that any intimate
visual depiction or intimate digital forgery shall remain in
the care, custody, and control of the court.”;
\(5\) in paragraph \(5\)\(A\), as so redesignated—
\(A\) by striking “image” and inserting “visual depiction
or intimate digital forgery”; and
\(B\) by striking “depicted” and inserting
“identifiable”; and
\(6\) by adding at the end the following:
“\(6\) Statute of limitations.—Any action commenced under
this section shall be barred unless the complaint is filed
not later than 10 years from the later of—
“\(A\) the date on which the identifiable individual
reasonably discovers the violation that forms the basis for
the claim; or
“\(B\) the date on which the identifiable individual reaches
18 years of age.
“\(7\) Duplicative recovery barred.—No relief may be
ordered under paragraph \(3\) against a person who is subject
to a judgment under section 2255 of title 18, United States
Code, for the same conduct involving the same identifiable
individual and the same intimate visual depiction or intimate
digital forgery.”.
\(c\) Continued Applicability of Federal, State, and Tribal
Law.—
\(1\) In general.—this title shall not be construed to
impair, supersede, or limit a provision of Federal, State, or
Tribal law.
\(2\) No preemption.—Nothing in this title shall prohibit a
State or Tribal government from adopting and enforcing a
provision of law governing disclosure of intimate images or
nonconsensual activity involving an intimate digital forgery,
as defined in section 1309\(a\) of the Consolidated
Appropriations Act, 2022 \(15 U.S.C. 6851\(a\)\), as amended by
this title, that is at least as protective of the rights of a
victim as this title.
SEC. 04. SEVERABILITY; RULE OF CONSTRUCTION.
\(a\) Severability.—If any provision of this title, an
amendment made by this title, or the application of such a
provision or amendment to any person or circumstance, is held
to be unconstitutional, the remaining provisions of and
amendments made by this title, and the application of the
provision or amendment held to be unconstitutional to any
other person or circumstance, shall not be affected thereby.
\(b\) Rule of Construction.—Nothing in this title, or an
amendment made by this title, shall be construed to limit or
expand any law pertaining to intellectual property.
SA 6163. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. SENSE OF CONGRESS ON COMPLIANCE WITH THE LAW OF WAR.
It is the sense of Congress, whose constitutional
responsibility it is to “define and punish . . . Offences
against the Law of Nations” and to “make Rules for the
Government and Regulation of the land and naval Forces”,
that—
\(1\) the law of war, embodied in both treaties to which the
United States is party and customary international law, binds
the United States and the United States Armed Forces;
\(2\) consistent with the longstanding policy of the
Department of Defense to comply with the law of war during
all armed conflicts, the United States remains steadfastly
committed to complying with its obligations under the law of
war, including the fundamental principles of necessity,
humanity, distinction, and proportionality;
\(3\) in addition to being legally required, compliance with
the law of war reinforces military effectiveness, helps
maintain public support and political legitimacy, and can
encourage reciprocal adherence by the adversary or adherence
by adversaries in future conflicts;
\(4\) obligations under the law of war include those that
address the protection of civilians, including, among other
things—
\(A\) prohibitions on attacks directed at civilians and
civilian objects, indiscriminate attacks, and attacks
expected to cause excessive harm to civilians relative to the
anticipated military advantage;
\(B\) the requirement to take all feasible precautions to
avoid, or in any event minimize, harm to civilians; and
\(C\) the presumption in cases of doubt as to whether a
person is a civilian, that such person shall be considered a
civilian;
\(5\) the protection of civilians is fundamentally consistent
with the effective, efficient, and decisive use of force in
pursuit of United States national interests;
\(6\) minimizing civilian casualties can further mission
objectives, help maintain the support of partner governments
and vulnerable populations, and enhance the legitimacy and
sustainability of United States operations critical to
national security; and
\(7\) the United States therefore routinely imposes certain
heightened policy standards that are more protective than the
requirements of the law of war that relate to the protection
of civilians.
SA 6164. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,
### and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle \_\_—Runaway and Homeless Youth
SEC. \_\_. SHORT TITLE.
This subtitle may be cited as the “Runaway and Homeless
Youth and Trafficking Prevention Act of 2026”.
SEC. \_\_. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act \(34
U.S.C. 11201\) is amended to read as follows:
“SEC. 302. FINDINGS.
“Congress finds that—
“\(1\) youth who have become homeless or who leave and
remain away from home without parental permission are at risk
of developing, and have a disproportionate share of, trauma,
substance use disorders, and serious health, behavioral,
social, and emotional challenges because they lack sufficient
resources to obtain care and may live on the street for
extended periods of time, thereby endangering themselves;
“\(2\) many such young people, because of their age and
situation, are urgently in need of temporary shelter and
services, including services that consider their age, gender,
and social and developmental needs, are culturally and
linguistically appropriate, and acknowledge the environment
of youth seeking these services;
“\(3\) research has documented the fluid experiences of
homelessness of youth, where many youth experience 2 or more
different types of homelessness, including couch surfing,
living in motels, and staying on the streets;
“\(4\) research has documented that persons who are members
of historically marginalized and underserved communities of
color, LGBTQ youth, youth who do not complete high school or
achieve a high school equivalency, youth involved in the
child welfare system, youth who have been involved with the
criminal justice system, and pregnant and parenting youth are
most likely to experience homelessness in the United States
while unaccompanied by a parent or adult;
“\(5\) services to such young people should be developed and
provided using a positive youth development approach that
ensures a young person a sense of—
“\(A\) safety and structure;
“\(B\) belonging and membership;
“\(C\) self-worth, empowerment, voice, and choice;
“\(D\) independence and control over one's life; and
“\(E\) closeness in interpersonal relationships;
“\(6\) in view of the interstate nature of the problem, it
is the responsibility of the Federal Government to develop an
accurate national reporting system to report the prevalence
of youth homelessness, and to assist in the development of an
effective system of care \(including prevention services and
aftercare services, short-term housing with services,
extended housing with supportive services, and street
outreach services\) outside the welfare system and the law
enforcement system, in collaboration with public assistance
systems, the education system, and the child welfare system;
“\(7\) to make a successful transition to adulthood, youth
who run away, youth experiencing homelessness, and youth
living in the street need a safe and stable place to live,
connections to caring adults, and opportunities to complete
high school or earn a general equivalency degree, learn job
skills, and obtain employment;
“\(8\) improved coordination and collaboration at the
Federal level between programs that serve runaway and
homeless youth are necessary for the development of a long-
term strategy for responding to the needs of this population;
“\(9\) runaway and homeless youth are at a high risk of
substance use disorders and becoming victims of sexual
exploitation and trafficking;
“\(10\) since research has shown that the prevalence of
homelessness among youth is similar in rural and urban
communities, runaway and homeless youth programs, such as
those funded under this title, are integral services that
every community should provide, regardless of the size of the
community; and
“\(11\) runaway and homeless youth programs, such as those
funded under this title—
“\(A\) are expert adolescent service providers and integral
community partners for the child welfare and juvenile justice
systems as many youth exit these systems to homelessness; and
“\(B\) work to reunify youth with their family when safe and
appropriate.”.
SEC. \_\_. BASIC CENTER GRANT PROGRAM.
Part A of the Runaway and Homeless Youth Act \(34 U.S.C.
11211 et seq.\) is amended—
\(1\) in section 311, by striking subsection \(a\) and
inserting the following:
“\(a\) Grants for Centers and Services.—
“\(1\) In general.—The Secretary shall—
“\(A\) not later than 90 days before the start date of the
grant, award 5-year grants to public and nonprofit private
entities, and combinations of such entities, to establish,
operate, and maintain \(including renovate\) local centers to
provide—
“\(i\) safe shelter and services for runaway and homeless
youth, including trauma-informed services; and
“\(ii\) if appropriate, services for the families of such
youth, including individuals identified by such youth as
family; and
“\(B\) establish an appeal process for grantees.
“\(2\) Services provided.—Services provided under paragraph
\(1\)—
“\(A\) shall be provided to runaway youth, street youth,
homeless youth, or youth at risk of separation from the
family;
“\(B\) shall include—
“\(i\) safe and appropriate shelter for not more than 30
days or the maximum allowed by the State, whichever is
greater;
“\(ii\) individual, family, or group counseling, as
appropriate, including counseling for individuals identified
by such youth as family, that considers the age, gender, and
social and developmental needs of such youth, and is
culturally and linguistically appropriate; and
“\(iii\) suicide prevention services; and
“\(C\) may include—
“\(i\) street-based services;
“\(ii\) home-based services for families with youth at risk
of separation from the family, to the extent practicable,
that consider the ages, genders, and social and developmental
needs of the family, and are culturally and linguistically
appropriate;
“\(iii\) prevention services;
“\(iv\) substance use disorder education and prevention
services;
“\(v\) at the request of runaway youth or homeless youth,
testing for sexually transmitted infections;
“\(vi\) trauma-informed services, including for such youth
who are victims of trafficking; and
“\(vii\) an assessment of—
“\(I\) family engagement in support and reunification, if
reunification is appropriate;
“\(II\) interventions; and
“\(III\) services for parents or legal guardians of such
youth or, if appropriate, individuals identified by such
youth as family.”;
\(2\) in section 312—
\(A\) in subsection \(b\)—
\(i\) by striking paragraph \(2\) and inserting the following:
“\(2\) shall use such assistance to establish, strengthen,
or fund a runaway and homeless youth center that provides
temporary shelter or a locally controlled project, including
a host family home, that has—
“\(A\) a minimum capacity of not less than 4 youth, except
if there is an established minimum number of beds per youth
shelter or project location;
“\(B\) a maximum capacity of not more than 20 youth, except
where the applicant demonstrates that the State where the
center or locally controlled project is located has a State
or local law or regulation that allows a higher maximum to
comply with licensure requirements for child and youth
serving centers or projects;
“\(C\) a ratio of staff to youth that is sufficient to
ensure adequate supervision and treatment; and
“\(D\) if it is a mixed project, not more than 20 youth per
project, except where the applicant demonstrates that the
project has a State or local law or regulation that allows a
higher maximum to comply with licensure requirements for
child and youth serving projects;”;
\(ii\) in paragraph \(5\), by striking “or legal guardians”
and inserting “, legal guardians, or individuals identified
by such youth as family, if appropriate,”;
\(iii\) by striking paragraphs \(6\), \(7\), and \(8\), and
inserting the following:
“\(6\) shall develop an adequate plan, which may include the
use of online resources to reach and engage youth, for
establishing or coordinating with outreach programs designed
to attract persons, including persons who are members of
underserved populations, who are eligible to receive services
for which a grant under section 311\(a\) may be expended;
“\(7\) shall keep adequate statistical records profiling the
runaway youth or homeless youth and family members of such
youth whom the applicant serves, including demographic
information and the number of such youth who—
“\(A\) are not referred to out-of-home shelter services;
“\(B\) are members of vulnerable or underserved populations;
“\(C\) are victims of trafficking;
“\(D\) are pregnant or parenting;
“\(E\) have been involved in the child welfare system; and
“\(F\) have been involved in the juvenile justice system;
“\(8\) shall ensure that—
“\(A\) the information maintained on individual runaway
youth or homeless youth contained in the records described in
paragraph \(7\) shall not be disclosed without the consent of
the individual youth and the parent of the youth, the legal
guardian of the youth, or an individual identified by such
youth as family, to anyone other than an agency compiling
statistical records or a government agency involved in the
disposition of criminal charges against such youth; and
“\(B\) reports or other documents based on the statistics
described in paragraph \(7\) shall not disclose the identity of
any individual runaway youth or homeless youth;”;
\(iv\) in paragraph \(12\), by striking subparagraphs \(B\) and
\(C\) and inserting the following:
“\(B\) detailed information on how the applicant has been
able to meet the goals of the plan of the applicant; and
“\(C\) statistical summaries describing—
“\(i\) the data the Secretary requires to be collected;
“\(ii\) the number and characteristics of runaway youth,
homeless youth, street youth, and youth at risk of separation
from the family, who participate in the project, including
information on such youth who—
“\(I\) are victims of trafficking;
“\(II\) are pregnant or parenting;
“\(III\) have been involved in the child welfare system; or
“\(IV\) have been involved with the criminal justice system;
and
“\(iii\) the services provided to such youth by the
project;”;
\(v\) in paragraph \(13\), by striking the period at the end
and inserting “for natural disasters, inclement weather, and
public health emergencies;”; and
\(vi\) by adding at the end the following:
“\(14\) shall provide services to runaway youth and homeless
youth that consider the age, gender, and social and
developmental needs of such youth, and are culturally and
linguistically appropriate, to the extent practicable; and
“\(15\) shall inform youth of their status as independent
students under section 480 of the Higher Education Act of
1965 \(20 U.S.C. 1087vv\), provide verification of such status
for the purposes of the Free Application for Federal Student
Aid described in section 483 of the Higher Education Act of
1965 \(20 U.S.C. 1090\), and assist youth in completing this
application at the request of the youth.”;
\(B\) in subsection \(c\)—
\(i\) in paragraph \(3\), by striking “and” after the
semicolon;
\(ii\) in paragraph \(4\), by striking the period at the end
and inserting “; and”; and
\(iii\) by adding at end the following:
“\(5\) develop a plan, consistent with local needs, for the
use of online resources, if appropriate, to reach and engage
youth.”;
\(C\) in subsection \(d\)—
\(i\) by striking paragraph \(1\) and inserting the following:
“\(1\) provide counseling and information that consider the
age, gender, and social and developmental needs of such
youth, and are culturally and linguistically appropriate, to
the extent practicable, to youth and the families of such
youth \(including unrelated individuals in the family
households of such youth and individuals identified by such
youth as family\), including services relating to basic life
skills, interpersonal skill building, educational
advancement, job attainment skills, mental and physical
health care, suicide prevention, parenting skills, financial
planning, and referral to sources of other needed
services;”;
\(ii\) in paragraph \(4\), by inserting “, including training
on trauma-informed care” before the semicolon at the end;
and
\(iii\) in paragraph \(5\)—
\(I\) in subparagraph \(A\), by striking “and” after the
semicolon;
\(II\) in subparagraph \(B\), by striking the period at the end
and inserting “; and”; and
\(III\) by adding at the end the following:
“\(C\) youth are eligible for home-based services when
determined by the applicant to be at risk of separation from
family.”;
\(D\) in subsection \(e\), by striking the subsection
enumerator and all that follows through “\(b\)—” and
inserting the following:
“\(e\) Applicants Providing Substance Use Disorder Education
and Prevention Services.—To be eligible to use assistance
under section 311\(a\) to provide substance use disorder
education and prevention services, an applicant shall include
in the plan required by subsection \(b\)—”; and
\(E\) by adding at the end the following:
“\(f\) Online Resources for Outreach.—An applicant may
develop a plan, consistent with local needs, for the use of
online resources to reach and engage youth.
“\(g\) Definition of Underserved Populations.—In this
section, the term \`underserved populations' means victims of
homelessness or trafficking or runaway youth, who
disproportionately face barriers in accessing and using
victim services, including populations who are underserved
due to limited English proficiency or are historically
marginalized and underserved communities of color, and any
other population determined to be underserved by the
Secretary of Health and Human Services.”; and
\(3\) in section 313, by striking subsection \(b\) and
inserting the following:
“\(b\) Priority.—In selecting applications for grants under
section 311\(a\), the Secretary shall give priority to eligible
applicants who have demonstrated experience in providing
services to runaway youth and homeless youth.”.
SEC. \_\_. TRANSITIONAL LIVING GRANT PROGRAM.
Part B of the Runaway and Homeless Youth Act \(34 U.S.C.
11221 et seq.\) is amended—
\(1\) in section 321—
\(A\) by inserting “5-year” after “to make”; and
\(B\) by inserting “and runaway youth. The Secretary shall
award such grants not later than 90 days before the start
date of the grant and establish an appeal process for
grantees” after “homeless youth”; and
\(2\) in section 322—
\(A\) in subsection \(a\)—
\(i\) by striking paragraph \(1\) and inserting the following:
“\(1\) to provide to homeless youth, by grant, agreement, or
contract—
“\(A\) shelter, such as group homes, maternity group homes,
host family homes, and supervised apartments; and
“\(B\) services, such as information and counseling services
in basic life skills, which consider the age, gender, and
social and developmental needs of such youth, and are
culturally and linguistically appropriate, including topics
on money management, budgeting, consumer education, use of
credit, parenting skills, interpersonal skill building,
educational advancement, job attainment skills, mental and
physical health care, and suicide prevention services;”;
\(ii\) in paragraph \(2\), by inserting “and runaway” after
“to provide such shelter and such services to individual
homeless”;
\(iii\) by striking paragraph \(4\) and inserting the
following:
“\(4\) that such shelter project used to carry out such
project shall—
“\(A\) have a minimum project capacity of not fewer than 4
youth, except if there is an established minimum number of
beds per individual shelter or project location;
“\(B\) have the capacity to accommodate not more than 20
individuals, excluding staff, within a single project, except
where the applicant demonstrates that the State where the
project is located has a State or local law or regulation
that allows a higher maximum to comply with licensure
requirements for child and youth serving projects; and
“\(C\) if it is a mixed project, limit runaway and homeless
youth shelter beds to 20 youth per project with segregated
access and programming, except where the applicant
demonstrates that the State where the project is located has
a State or local law or regulation that allows a higher
maximum to comply with licensure requirements for child and
youth serving projects;”;
\(iv\) by striking paragraphs \(6\), \(7\), \(8\), and \(9\), and
inserting the following:
“\(6\) to develop a written transitional living plan in
partnership with each youth based on an assessment of the
needs of each youth, designed to help the transition from
supervised participation in such project to independent
living or another appropriate living arrangement;
“\(7\) to develop an adequate plan to ensure proper
coordination, integration, and referral of homeless youth and
runaway youth, which considers the age, gender, and social
and developmental needs of such youth, and are culturally and
linguistically appropriate, to the extent practicable, to—
“\(A\) social service;
“\(B\) law enforcement;
“\(C\) educational training, including postsecondary
education;
“\(D\) vocational training, including services and programs
for youth available under the Workforce Innovation and
Opportunity Act \(29 U.S.C. 3101 et seq.\);
“\(E\) welfare, including programs amended under the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 \(Public Law 104-193\);
“\(F\) legal service;
“\(G\) mental health service and health care programs;
“\(H\) substance use disorder treatment; and
“\(I\) programs providing wrap-around services to victims of
trafficking and gender-based violence;
“\(8\) to provide for the establishment of outreach programs
designed to attract individuals who are eligible to
participate in the project, which may include the use of
online and social media engagements;
“\(9\) to submit to the Secretary an annual report that
includes information regarding the activities carried out
with funds under this part, the achievements of the project
under this part carried out by the applicant and statistical
summaries describing the number, characteristics, and
demographic information of the homeless youth and runaway
youth who participate in such project, including the
prevalence of trafficking of such youth, and the services
provided to such youth by such project, in the year for which
the report is submitted;”;
\(v\) in paragraph \(15\), by striking “and” after the
semicolon;
\(vi\) by striking paragraph \(16\) and inserting the
following:
“\(16\) to develop an adequate emergency preparedness and
management plan regarding responses to natural disasters,
inclement weather, and mental health emergencies; and”;
\(vii\) by redesignating paragraphs \(3\) through \(5\) and \(6\)
through \(16\), as paragraphs \(5\) through \(7\) and \(9\) through
\(19\), respectively;
\(viii\) by inserting after paragraph \(2\) the following:
“\(3\) to provide counseling to homeless and runaway youth
and to encourage, if appropriate, the involvement in such
counseling of their parents, legal guardians, or individuals
identified by such youth as family;
“\(4\) to provide aftercare services, if possible, to
homeless and runaway youth who have received shelter and
services from a transitional living youth project, including,
to the extent practicable, such youth who, after receiving
such shelter and services, relocate to a geographic area or
State other than the geographic area or State in which such
project is located;”;
\(ix\) by inserting after paragraph \(7\), as redesignated by
clause \(vii\), the following:
“\(8\) to develop a plan to provide services, which consider
the age, gender, and social and developmental needs of such
youth, and are culturally and linguistically appropriate,
that address the needs of runaway, homeless, and street
youth;”;
\(x\) by adding at end the following:
“\(20\) to inform youth of their status as independent
students under section 480 of the Higher Education Act of
1965 \(20 U.S.C. 1087vv\), provide verification of such status
for the purposes of the Free Application for Federal Student
Aid described in section 483 of the Higher Education Act of
1965 \(20 U.S.C. 1090\), and assist the youth in completing
this application at the request of the youth.”;
\(B\) by striking subsection \(b\) and inserting the following:
“\(b\) Priority.—In selecting eligible applicants to
receive grants under this part, the Secretary shall give
priority to entities that have experience in providing to
homeless youth shelter and services of the types described in
subsection \(a\)\(1\).”; and
\(C\) by adding at the end the following:
“\(d\) Priority for Homeless Youth Less Than 22 Years of
Age.—An entity that receives a grant under this part—
“\(1\) shall, in carrying out activities under the grant,
prioritize service to homeless youth who are less than 22
years of age, but not less than 15 years of age; and
“\(2\) may use grant funds to serve homeless youth who are
ages 22 to less than 26.”.
SEC. \_\_. NATIONAL COMMUNICATIONS SYSTEM.
Section 331 of the Runaway and Homeless Youth Act \(34
U.S.C. 11231\) is amended by inserting “, online, and social
media” after “telephone”.
SEC. \_\_. COORDINATING, TRAINING, RESEARCH, AND OTHER
ACTIVITIES.
Part D of the Runaway and Homeless Youth Act \(34 U.S.C.
11241 et seq.\) is amended—
\(1\) in section 341—
\(A\) by inserting “safety, well-being,” after “health,”;
and
\(B\) in paragraph \(2\) by striking “other Federal entities”
and inserting “the Department of Housing and Urban
Development, the Department of Education, the Department of
Labor, and the Department of Justice”;
\(2\) in section 342—
\(A\) by inserting “5-year” after “make”;
\(B\) by inserting “\(including onsite and web-based
techniques, such as on-demand and online learning\)” after
“training”; and
\(C\) by striking “carrying out” and inserting
“implementing in a trauma-informed manner”;
\(3\) in section 343\(b\)—
\(A\) in paragraph \(5\)—
\(i\) in subparagraph \(A\), by striking “abuse” and all that
follows through the semicolon at the end and inserting
“abuse, sexual assault, and trafficking;”;
\(ii\) in subparagraph \(B\), by striking “abuse” and all
that follows through “; and” and inserting “abuse, sexual
assault, and trafficking;”;
\(iii\) in subparagraph \(C\), by striking “who have been
sexually victimized”; and
\(iv\) by adding at end the following:
“\(D\) best practices for identifying and providing services
that consider the age, gender, and social and developmental
background of an individual, and are culturally and
linguistically appropriate, to the extent practicable, to—
“\(i\) vulnerable and underserved youth populations; and
“\(ii\) youth who are victims of trafficking; and
“\(E\) informing youth of their status as independent
students under section 480 of the Higher Education Act of
1965 \(20 U.S.C. 1087vv\), providing verification of such
status for the purposes of the Free Application for Federal
Student Aid described in section 483 of the Higher Education
Act of 1965 \(20 U.S.C. 1090\), and assisting youth in
completing this application at the request of the youth;”;
\(B\) in paragraph \(9\), by striking “and” after the
semicolon;
\(C\) in paragraph \(10\), by striking the period at the end
and inserting “; and”; and
\(D\) by adding at end the following:
“\(11\) examining the intersection between the runaway and
homeless youth populations and trafficking, including noting
whether such youth who are victims of trafficking were
previously involved in the child welfare system or juvenile
justice system.”;
\(4\) in section 344\(a\)\(2\)\(A\), by striking “$100,000” and
inserting “$200,000”;
\(5\) in section 345—
\(A\) in subsection \(a\)—
\(i\) by striking “Not later than” and all that follows
through “Homelessness” and inserting “Not later than 2
years after the date of enactment of the Runaway and Homeless
Youth and Trafficking Prevention Act of 2026, and at 3-year
intervals thereafter, the Secretary, acting through the
Associate Commissioner of the Family and Youth Services
Bureau”;
\(ii\) in paragraph \(1\)—
\(I\) by striking “13” and inserting “12”; and
\(II\) by striking “and” after the semicolon;
\(iii\) in paragraph \(2\), by striking the period at the end
and inserting a semicolon; and
\(iv\) by adding at end the following:
“\(3\) that includes demographic information of such
individuals, including youth who are victims of trafficking;
and
“\(4\) that does not disclose the identity of any such
individual.”; and
\(B\) in subsection \(b\)\(1\)—
\(i\) by striking “13” and inserting “12”;
\(ii\) in subparagraph \(A\), by striking “and” after the
semicolon;
\(iii\) in subparagraph \(B\)—
\(I\) in clause \(ii\), by striking “; and” and inserting “,
including mental health services;”;
\(II\) in clause \(iii\), by striking “and” after the
semicolon; and
\(III\) by adding at end the following:
“\(iv\) connections to caring adults; and
“\(v\) access to secondary education, higher education, and
job training; and”;
\(iv\) by redesignating subparagraph \(B\) as subparagraph \(E\);
and
\(v\) by inserting after subparagraph \(A\) the following:
“\(B\) incidences, if any, of such individuals who—
“\(i\) are victims of trafficking;
“\(ii\) are victims of sexual exploitation; or
“\(iii\) were involved in the child welfare or foster care
system;
“\(C\) demographic characteristics, including race, color,
religion, national origin, sex, gender identity \(as defined
in section 249\(c\) of title 18, United States Code\), sexual
orientation, and disability;
“\(D\) statistics on youth who are or were pregnant or
parenting; and”.
SEC. \_\_. SEXUAL ABUSE AND TRAFFICKING PREVENTION PROGRAM;
STREET OUTREACH PROGRAM.
Part E of the Runaway and Homeless Youth Act \(34 U.S.C.
11261 et seq.\) is amended by striking section 351 and
inserting the following:
“SEC. 351. AUTHORITY TO MAKE GRANTS.
“\(a\) In General.—The Secretary shall make 5-year grants
to public and nonprofit private entities, and combinations of
such entities, for the purpose of providing street-based
services to runaway, homeless, and street youth who have been
subjected to, or are at risk of being subjected to, sexual
abuse or trafficking. The Secretary shall award such grants
not later than 90 days before the start date of the grant and
establish an appeal process for grantees.
“\(b\) Priority.—In selecting applicants to receive grants
under subsection \(a\), the Secretary shall give priority to
public and nonprofit private entities that have experience in
providing services to runaway, homeless, and street youth.
“\(c\) Eligibility Requirements.—To be eligible to receive
a grant under subsection \(a\), an applicant shall certify to
the Secretary that such applicant has expertise in serving
runaway, homeless, and street youth and has systems in place
to ensure that such applicant can provide services that
consider the age, gender, and social and developmental
background of youth described in subsection \(a\), and are
culturally and linguistically appropriate.”.
SEC. \_\_. GENERAL PROVISIONS.
Part F of the Runaway and Homeless Youth Act \(34 U.S.C.
11271 et seq.\) is amended—
\(1\) in the heading, by striking “part f” and inserting
“part g”;
\(2\) in section 381—
\(A\) in subsection \(a\)\(3\), by striking “facility” and
inserting “center or project”; and
\(B\) in subsection \(b\)\(1\), by striking “facility” both
places it appears and inserting “center or project”;
\(3\) in section 382\(a\)—
\(A\) by striking “2000” and inserting “2026”;
\(B\) by striking “the Workforce” and inserting
“Workforce”;
\(C\) in paragraph \(1\)—
\(i\) by redesignating subparagraphs \(B\) through \(D\) as
subparagraphs \(C\) through \(E\), respectively; and
\(ii\) by inserting after subparagraph \(A\) the following:
“\(B\) identifying youth who are victims of trafficking;”;
and
\(D\) in paragraph \(2\)—
\(i\) by striking subparagraph \(A\) and inserting the
following:
“\(A\) the number and characteristics of youth served by
such projects, including such youth who—
“\(i\) are victims of trafficking;
“\(ii\) are pregnant or parenting;
“\(iii\) have been involved in the child welfare system; or
“\(iv\) have been involved in the juvenile or adult criminal
justice system, the incarceration system, or legal
proceedings related to such systems;”; and
\(ii\) by striking subparagraph \(F\) and inserting the
following:
“\(F\) the ability of such projects to encourage the
resolution of problems within the family, including with
individuals identified by such youth as family, through
counseling and development of self-sufficient living skills;
and”;
\(4\) in section 383\(a\) by striking “facility's budget” and
inserting “budget of the center or project”;
\(5\) in section 384, by adding at the end the following:
“Grantees are encouraged to share data with other programs
and systems, without identifying individual youth in any
shared records, to improve coordination and maximize the use
of resources.”;
\(6\) by inserting after section 384 the following:
“SEC. 384A. ADMINISTRATION AND ENFORCEMENT.
“\(a\) In General.—The Secretary, acting through the
Associate Commissioner of the Family and Youth Services
Bureau, may waive any provision under this title for a period
of not more than 3 years, unless an extension is granted
under subsection \(f\), if—
“\(1\) a potential grantee requests a waiver that describes
1 or more conflicting or duplicative requirements or
circumstances that prevent the effective delivery of services
to runaway and homeless youth, such as an extraordinary
circumstance, natural disaster, public health emergency, or
financial crisis;
“\(2\) the Secretary determines that the waiver will, by
itself, contribute to or enhance the ability of the grantee
to carry out the purposes of this title; and
“\(3\) the Secretary determines that the waiver will not be
inconsistent with the objectives of this title.
“\(b\) Contents.—A request made under subsection \(a\) shall
be provided to the Secretary in writing and shall—
“\(1\) detail each provision within this title for which the
grantee seeks relief;
“\(2\) describe how a waiver from such provision will, by
itself, improve delivery of services to runaway and homeless
youth; and
“\(3\) certify that the health, safety, and well-being of
runaway and homeless youth served through assistance received
under this title will not be compromised as a result of the
waiver.
“\(c\) Notification of Approval or Disapproval.—
“\(1\) In general.—Not later than 30 days after the receipt
of a waiver request made under subsection \(a\), the Secretary
shall inform the grantee of approval or disapproval of the
request.
“\(2\) Disapproval.—If the request is disapproved, the
Secretary shall inform the grantee, the Committee on the
Judiciary of the Senate, and the Committee on Education and
Workforce of the House of Representatives of the reasons for
the disapproval and give the grantee the opportunity to amend
the request or appeal the decision.
“\(3\) Approval.—If the request is approved, the Secretary
shall grant a waiver and, not later than 30 days after
granting such waiver, notify and submit a report to the
Committee on the Judiciary of the Senate, and the Committee
on Education and Workforce of the House of Representatives
that describes—
“\(A\) each specific provision waived;
“\(B\) the reason given by the grantee for the need for a
waiver; and
“\(C\) the expected impact of the waiver on youth served
under this program.
“\(d\) External Conditions.—The Secretary shall not require
or impose any new or additional requirements in exchange for
receipt of a waiver if such requirements are not specified in
this title.
“\(e\) Termination.—The Secretary shall terminate approval
of a request for a waiver authorized under this section if
the Secretary determines, after notice and opportunity for a
hearing, that the performance of a grantee who was granted
relief under this section has been inadequate, or if such
relief is no longer necessary to achieve its original
purposes.
“\(f\) Waiver Extension.—
“\(1\) In general.—The Secretary may grant an extension to
an existing waiver authorized under this section for a period
of not more than 1 year upon a request for a waiver extension
from the grantee.
“\(2\) Extension request.—A request for a waiver extension
described under paragraph \(1\) shall be submitted to the
Secretary not later than 30 days before the expiration date
of the existing waiver, and shall re-certify the provisions
in subsection \(b\) and explain the need for additional time of
relief from such provisions provided in this title.
“\(g\) Restrictions.—Nothing in this title shall be
construed as authorizing the Secretary to permit a grantee to
alter the eligibility requirements for eligible youth.
Nothing in this section shall be construed as authorizing the
Secretary to waive anything related to the Secretary's
authority under this title.”;
\(7\) in section 386\(a\)—
\(A\) by striking “3 consecutive” and inserting “5
consecutive” both places it appears;
\(B\) by inserting “, acting through the Associate
Commissioner of the Family and Youth Services Bureau,” after
“Secretary”; and
\(C\) by inserting “ or virtually when appropriate,” after
“on-site,”;
\(8\) in section 386A—
\(A\) in subsection \(a\)—
\(i\) by striking “Reconnecting Homeless Youth Act of 2008”
and inserting “Runaway and Homeless Youth and Trafficking
Prevention Act of 2026”; and
\(ii\) by inserting “371,” after “sections”; and
\(B\) in subsection \(c\), by inserting “371,” after
“sections”;
\(9\) in section 387—
\(A\) by redesignating paragraphs \(1\), \(4\), \(5\), \(6\), \(7\),
and \(8\), as paragraphs \(9\), \(6\), \(7\), \(8\), \(11\), and \(13\),
respectively;
\(B\) by inserting before paragraph \(2\) the following:
“\(1\) Culturally and linguistically appropriate.—The term
\`culturally and linguistically appropriate', with respect to
services, has the meaning given the term \`culturally and
linguistically appropriate services' in the \`National
Standards for Culturally and Linguistically Appropriate
Services in Health and Health Care', issued in April 2013, by
the Office of Minority Health of the Department of Health and
Human Services.”;
\(C\) in paragraph \(3\)\(A\)—
\(i\) in clause \(i\), by striking “21” and inserting “26”;
and
\(ii\) by striking clause \(ii\) and inserting the following:
“\(ii\) for the purposes of part B, not less than 15 years
of age but less than 26 years of age, subject to section
322\(d\);”;
\(D\) by inserting after paragraph \(3\) the following:
“\(4\) Mixed projects.—The term \`mixed projects' means a
building, structure, or campus that may house multiple
programs serving youth under the age of 26. Any of these
programs may be funded as authorized under this Act as well
as funded by other entities, including private, public, and
other government funding.
“\(5\) Prevention services.—The term \`prevention services'
means services to prevent youth from becoming runaway,
homeless, or street youth and may include—
“\(A\) individual, family, group, and peer counseling;
“\(B\) family mediation;
“\(C\) assessing the strengths, vulnerabilities, and needs
of youth;
“\(D\) connecting youth to public services and housing
options;
“\(E\) emergency respite care for clients within the
allowable age range of the underlying grant award, including
care that provides parents and other caregivers with
emergency services and temporary shelter that offer relief;
“\(F\) connecting youth to education and employment
programs;
“\(G\) case management and resource navigation; and
“\(H\) activities to improve access to local mental health
and substance use treatment and prevention.”;
\(E\) in paragraph \(7\)\(B\), as redesignated by subparagraph
\(A\)—
\(i\) in clause \(i\), by inserting “, including the use of
online methods of engagement, as appropriate, based on the
needs of the community and population served” after “street
youth”; and
\(ii\) by striking clause \(v\) and inserting the following:
“\(v\) advocacy, education, and prevention services related
to—
“\(I\) substance use disorder;
“\(II\) trafficking;
“\(III\) sexually transmitted infections, including human
immunodeficiency virus;
“\(IV\) violence, including physical assault, sexual
assault, domestic violence, and gender-based violence; and
“\(V\) suicide.”;
\(F\) in paragraph \(8\)\(B\), as redesignated by subparagraph
\(A\), by striking “prostitution, or drug abuse” and
inserting “trafficking, or substance use disorder”;
\(G\) in paragraph \(9\), as redesignated by subparagraph \(A\),
by striking the paragraph \(9\) enumerator and all that follows
through “services'—”, and inserting the following:
“\(9\) Substance use disorder education and prevention
services.—The term \`substance use disorder education and
prevention services'—”;
\(H\) by inserting after paragraph \(9\), as redesignated by
subparagraph \(A\), the following:
“\(10\) Trafficking.—The term \`trafficking' has the meaning
given the terms \`severe forms of trafficking in persons' and
\`sex trafficking' in section 103 of the Trafficking Victims
Protection Act of 2000 \(22 U.S.C. 7102\).”;
\(I\) in paragraph \(11\), as redesignated by subparagraph \(A\),
by inserting “, to establish family or community supports,”
after “self-sufficient living”;
\(J\) by inserting after paragraph \(11\), as redesignated by
subparagraph \(A\), the following:
“\(12\) Trauma-informed.—The term \`trauma-informed' has the
meaning given the term in section 103 of the Juvenile Justice
and Delinquency Prevention Act of 1974 \(34 U.S.C. 11103\).”;
and
\(K\) in paragraph \(13\)\(B\), as redesignated by subparagraph
\(A\)—
\(i\) in clause \(ii\)—
\(I\) by inserting “or able” after “willing”; and
\(II\) by striking “or” after the semicolon;
\(ii\) in clause \(iii\), by striking the period at the end and
inserting “; or”; and
\(iii\) by adding at end the following:
“\(iv\) who is involved in the child welfare system,
juvenile justice system, or criminal justice system, but who
is not being housed by any such system.”.
SEC. \_\_. PREVENTION SERVICES.
The Runaway and Homeless Youth Act \(34 U.S.C. 11201 et
seq.\) is amended by inserting after part E the following:
“PART F—PREVENTION SERVICES
“SEC. 371. AUTHORITY TO MAKE GRANTS.
“\(a\) In General.—The Secretary is authorized to make 5-
year grants to an eligible entity, as described under
subsection \(c\), that applies for an optional, additional
prevention services grant. Any funds provided under this part
are in addition to other funds grantees receive under other
parts in this title.
“\(b\) Priority.—In selecting grantees to receive grants
under subsection \(a\), the Secretary shall give priority to
eligible entities that are—
“\(1\) public entities and nonprofit, private entities that
have experience in providing services to runaway, homeless,
and street youth, and youth at risk of separation from the
family; and
“\(2\) public entities and nonprofit, private entities that
request prevention services grants of not more than $75,000
per year.
“\(c\) Eligibility Requirements.—To be eligible to receive
a grant under subsection \(a\)—
“\(1\) the potential grantee shall—
“\(A\) be a successful basic center program or transitional
living program, which may include a program that operates a
maternity group home, that wants to establish, strengthen, or
provide prevention services for youth at risk of homelessness
and youth at risk of running away; and
“\(B\) submit to the Secretary a plan agreeing, as part of
such program, to provide prevention services; and
“\(2\) the potential grantee shall certify to the Secretary
that such grantee has systems in place to provide services to
youth described in subsection \(a\) that consider the age,
gender, and social and developmental background of such
youth, and are culturally and linguistically appropriate.”.
SEC. \_\_. AUTHORIZATION OF APPROPRIATIONS.
Section 388\(a\) of the Runaway and Homeless Youth Act \(34
U.S.C. 11280\(a\)\) is amended to read as follows:
“\(a\) In General.—
“\(1\) Authorization.—There are authorized to be
appropriated to carry out this title \(other than parts E and
F\) $200,000,000 for fiscal year 2027, and such sums as may be
necessary for each of fiscal years 2028 through 2031.
“\(2\) Allocation.—
“\(A\) Parts a and b.—From the amount appropriated under
paragraph \(1\) for a fiscal year, the Secretary shall reserve
not less than 90 percent to carry out parts A and B.
“\(B\) Part b.—Of the amount reserved under subparagraph
\(A\), 45 percent and, in those fiscal years in which
continuation grant obligations and the quality and number of
applicants for parts A and B warrant not more than 55
percent, shall be reserved to carry out part B.
“\(3\) Parts c and d.—
“\(A\) In general.—In each fiscal year, after reserving the
amounts required by paragraph \(2\), the Secretary shall use
the remaining amount \(if any\) to carry out parts C and D
\(other than section 345\).
“\(B\) Periodic estimate.—Of the amount authorized to be
appropriated under paragraph \(1\), $2,000,000 shall be made
available to carry out section 345 for each of fiscal years
2027, 2029, and 2031.
“\(4\) Part e.—There are authorized to be appropriated to
carry out part E $50,000,000 for fiscal year 2027, and such
sums as may be necessary for each of fiscal years 2028
through 2031.
“\(5\) Part f.—There are authorized to be appropriated to
carry out part F $67,500,000 for fiscal year 2027, and such
sums as may be necessary for each of fiscal years 2028
through 2031.”.
SEC. \_\_. APPROVAL OF APPLICATION.
The Runaway and Homeless Youth Act \(34 U.S.C. 11201 et
seq.\) is amended by adding at end the following:
“SEC. 390. APPROVAL OF APPLICATIONS.
“\(a\) In General.—An application by a public or private
nonprofit entity for a grant under section 311, 321, or 351,
may be approved by the Secretary for an amount for a fiscal
year that is—
“\(1\) not less than $225,000 and not more than $275,000 if
the amount appropriated to carry out this title \(other than
parts E and F\) for the fiscal year is equal to or greater
than $200,000,000; or
“\(2\) not less than $200,000 and not more than $250,000 if
the amount appropriated to carry out this title \(other than
parts E and F\) for the fiscal year is less than $200,000,000.
“\(b\) Priority.—In selecting applications for grants under
sections 311, 321, and 351, the Secretary shall give priority
to eligible grantees who have demonstrated experience in
providing services to runaway and homeless youth.”.
SA 6165. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7\_\_. INCLUSION OF COMPREHENSIVE CONTRACEPTIVE COUNSELING
IN HEALTH ASSESSMENT FORMS.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Health and Human Services,
shall—
\(1\) revise the periodic health assessment form of the
Department of Defense \(Department of Defense Form 3024\) to
include the information specified in subsection \(b\); and
\(2\) revise the pre-deployment health assessment form of the
Department \(Department of Defense Form 2795\)—
\(A\) to allow members of the Armed Forces to indicate they
would like comprehensive contraceptive counseling; and
\(B\) to include the information specified in subsection \(b\).
\(b\) Information Specified.—The information specified in
this subsection is the following:
\(1\) An explanation of patient-centered contraceptive
counseling as recommended by the American College of
Obstetricians and Gynecologists, including by incorporating
any clinical guidance on contraceptive counseling set forth
by the American College of Obstetricians and Gynecologists.
\(2\) A description of the full range of contraceptive
methods, including any contraceptive drug, device, or
biological product approved, cleared, authorized, or licensed
by the Food and Drug Administration under section 505,
510\(k\), 513\(f\)\(2\), 515, or 564 of the Federal Food, Drug, and
Cosmetic Act \(21 U.S.C. 355, 360\(k\), 360c\(f\)\(2\), 360e,
360bbb-3\) or section 351 of the Public Health Service Act \(42
U.S.C. 262\)\).
\(3\) Such other information relating to contraceptive
counseling as the Secretary of Defense determines
appropriate.
SA 6166. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
After section 1051, insert the following:
SEC. 1051A. PROHIBITION ON EQUITY INVESTMENTS FOR ENTITIES IN
WHICH CERTAIN SENIOR GOVERNMENT OFFICIALS HOLD
A SIGNIFICANT INTEREST.
Subsection \(h\) of section 149 of title 10, United States
Code, as amended by section 1051, is further amended—
\(1\) by redesignating paragraph \(9\) as paragraph \(10\); and
\(2\) by inserting after paragraph \(8\) the following new
paragraph \(9\):
“\(9\) Prohibition on equity investments for certain
entities.—
“\(A\) In general.—Notwithstanding any other provision of
this section or any other provision of law, a covered entity
is not eligible for an equity investment under this
subsection.
“\(B\) Definitions.—In this paragraph:
“\(i\) Covered entity.—The term \`covered entity' means an
entity in which a covered individual directly or indirectly
holds a significant interest. For the purpose of determining
whether an entity is a covered entity, if securities of the
entity are owned, controlled, or held by 2 or more
individuals who are related as described in clause \(ii\), such
securities shall be aggregated.
“\(ii\) Covered individual.—The term \`covered individual'
means—
“\(I\) the President, the Vice President, or any other
individual designated by the President as having Cabinet-
level status;
“\(II\) the spouse, child, son-in-law, or daughter-in-law of
an individual described in subclause \(I\); or
“\(III\) any officer or employee of the executive branch,
including a special Government employee \(as defined in
section 202 of title 18\), who participates in the
consideration, negotiation, approval, or administration of
equity investments under this subsection.
“\(iii\) Equity interest.—The term \`equity interest'
means—
“\(I\) a share in an entity \(including a partnership\),
without regard to whether the share is—
“\(aa\) transferable; or
“\(bb\) classified as stock or anything similar;
“\(II\) a capital or profit interest in a limited liability
company or partnership;
“\(III\) a capital or profit interest in a venture capital
fund, private equity fund, fund of funds, or other pooled
investment fund; or
“\(IV\) a warrant or right \(other than a right to convert\)
to purchase, sell, or subscribe to a share or interest
described in subclause \(I\), \(II\), or \(III\).
“\(iv\) De minimis interest.—The term \`de minimis interest'
means an equity interest in an entity that—
“\(I\) does not exceed $15,000;
“\(II\) is purchased and owned only through an open-end
company that is a diversified company \(as those terms are
defined in section 5 of the Investment Company Act of 1940
\(15 U.S.C. 80a-5\)\) and that—
“\(aa\) is registered with the Securities and Exchange
Commission; and
“\(bb\) does not concentrate its holdings in any sector or
through any other investment vehicle that is exempt from
section 208 of title 18 as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2027;
or
“\(III\) is purchased and owned as part of a widely
diversified employee benefit plan or a pension established
and maintained by a Federal, State, or local government.
“\(v\) Significant interest.—The term \`significant
interest', with respect to an entity, means owning,
controlling, or holding any equity interest, other than a de
minimis interest, in the entity.”.
SA 6167. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. ASSESSMENT OF ADDITIONAL TECHNOLOGY CATEGORIES FOR
OUTBOUND INVESTMENT NOTIFICATIONS.
\(a\) In General.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Treasury
shall submit to the appropriate congressional committees a
report on the addition of the technology
categories described in subsection \(b\) to the lists of
notifiable technologies and prohibited technologies in
accordance with paragraphs \(7\)\(B\)\(ii\) and \(10\)\(B\)\(ii\),
respectively, of section 809 of the Defense Production Act of
1950 \(50 U.S.C. 4589\).
\(b\) Technology Categories Described.—The technology
categories described in this subsection are the following:
\(1\) Advanced energy storage technologies.
\(2\) Robotics.
\(3\) Biotechnology.
\(c\) Elements.—The report required by subsection \(a\) shall
include, for each technology category described in subsection
\(b\), an assessment of—
\(1\) the extent to which the technology category, or any
subset of the category, enables the military, intelligence,
surveillance, or cyber-enabled capabilities of a country of
concern;
\(2\) the feasibility of defining technical parameters for
the technology category or any subset of the category; and
\(3\) the extent to which the technology category, or any
subset of the category, is already covered by paragraph
\(7\)\(A\) or \(10\)\(A\) of section 809 of the Defense Production
Act of 1950 \(50 U.S.C. 4589\).
\(d\) Definitions.—In this section, the terms “appropriate
congressional committees” and “country of concern” have
the meanings given those terms in section 809 of the Defense
Production Act of 1950 \(50 U.S.C. 4589\).
SA 6168. Ms. WARREN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—ENFORCEMENT OF EXPORT CONTROLS
SEC. 1701. SHORT TITLE.
This title may be cited as the “Improving Export
Enforcement Act of 2026”.
SEC. 1702. REQUIREMENT TO MAINTAIN EXPORT COMPLIANCE PROGRAM.
Section 1760\(a\)\(2\) of the Export Control Reform Act of 2018
\(50 U.S.C. 4819\(a\)\(2\)\) is amended by adding at the end the
following:
“\(K\) No person may fail to establish, maintain, or enforce
an export compliance program required of that person by the
Export Administration Regulations, or any order, license, or
authorization issued thereunder.”.
SEC. 1703. EXPORT COMPLIANCE PROGRAMS.
\(a\) In General.—The Secretary of Commerce may prescribe
regulations requiring persons engaging in covered export
activities to establish, maintain, and enforce export
compliance programs.
\(b\) Elements.—The Secretary may require, in regulations
prescribed under subsection \(a\), that an export compliance
program include—
\(1\) the development of internal policies, procedures, and
controls with respect to compliance with export controls;
\(2\) a risk assessment and export authorization process,
including screening and resolution of abnormal circumstances
that indicate that an item may be destined for an
unauthorized end-use, end-user, or destination;
\(3\) the designation of an export compliance officer or
individual responsible for administering the program;
\(4\) a program for providing ongoing training to employees
with respect to compliance with export controls; and
\(5\) an audit function to test the program.
\(c\) Definitions.—In this section:
\(1\) Covered export activities.—The term “covered export
activities” includes, at a minimum, activities subject to
the Export Administration Regulations, or any order, license,
or authorization issued thereunder, that involve—
\(A\) items that the Secretary determines present a
heightened risk of diversion, evasion, unauthorized export,
unauthorized reexport, or unauthorized in-country transfer;
\(B\) destinations that the Secretary determines present a
heightened risk of diversion, evasion, unauthorized export,
unauthorized reexport, or unauthorized in-country transfer;
and
\(C\) high-volume exports, reexports, or in-country transfers
of advanced computing integrated circuits, computers,
electronic assemblies, or related products classified under
Export Control Classification Numbers 3A090, 4A090, related
.z numbers, or any functionally equivalent item.
\(2\) Export administration regulations; export; in-country
transfer; item; reexport.—The terms “Export Administration
Regulations”, “export”, “in-country transfer”, “item”,
and “reexport” have the meanings given those terms in
section 1742 of the Export Control Reform Act of 2018 \(50
U.S.C. 4801\).
SEC. 1704. APPLICABILITY.
This title, and the amendments made by this title, shall
apply with respect to a violation of the Export Control
Reform Act of 2018 \(50 U.S.C. 4801 et seq.\), or any
regulation, order, or license issued under that Act,
committed on or after the date of the enactment of this Act.
SA 6169. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. STATE TRADE EXPANSION PROGRAM.
\(a\) Application Requirements.—Section 22\(l\)\(3\) of the
Small Business Act \(15 U.S.C. 649\(l\)\(3\)\) is amended—
\(1\) in subparagraph \(D\)—
\(A\) in clause \(i\), by inserting “, including a budget plan
for use of funds awarded under this subsection” before the
period at the end; and
\(B\) by adding at the end the following:
“\(iii\) Timing.—The Associate Administrator shall—
“\(I\) publish information on how to apply for a grant under
this subsection, including specific calculations and other
determinations used to award such a grant, not later than
March 31 of each year;
“\(II\) establish a deadline for the submission of
applications that is—
“\(aa\) not earlier than 60 days after the date on which the
information is published under subclause \(I\); and
“\(bb\) not later than—
“\(AA\) May 31 of each year; or
“\(BB\) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 120 days after full-year
appropriations are enacted; and
“\(III\) announce grant recipients not later than—
“\(aa\) September 30 of each year; or
“\(bb\) in the event that full-year appropriations for the
program for a fiscal year have not been enacted as of
February 1 of such fiscal year, 210 days after full-year
appropriations are enacted.
“\(iv\) Application streamlining.—The Associate
Administrator shall establish a concise application for
grants under the program that shall—
“\(I\) encompass all necessary information; and
“\(II\) to the extent feasible, use forms common to other
Federal trade programs and reduce unnecessary or duplicative
materials.”; and
\(2\) by adding at the end the following:
“\(E\) Application information.—The Associate Administrator
shall clearly communicate to applicants and grant recipients
any information about the State Trade Expansion Program,
including—
“\(i\) for each unsuccessful applicant for a grant awarded
under this subsection, recommendations to improve a
subsequent application for such a grant;
“\(ii\) for each successful applicant for such a grant, an
explanation for the amount awarded, if significantly
different from the amount requested in the application; and
“\(iii\) a website, which shall be maintained and linked to
from the primary website for the program, that includes the
most up-to-date information about program requirements,
eligible expenditures, and procedures.
“\(F\) Budget plan revisions.—
“\(i\) In general.—A State receiving a grant under this
subsection may revise the budget plan of the State submitted
under subparagraph \(D\) after the disbursal of grant funds
if—
“\(I\) the revision complies with allowable uses of grant
funds under this subsection; and
“\(II\) such State submits notification of the revision to
the Associate Administrator.
“\(ii\) Exception.—If a revision under clause \(i\)
reallocates 10 percent or more of the amounts described in
the budget plan of the State submitted under subparagraph
\(D\), the State may not implement the revised budget plan
without the approval of the Associate Administrator, unless
the Associate Administrator fails to approve or deny the
revised plan within 30 calendar days after receipt of such
revised plan.”.
\(b\) Survey.—Section 22\(l\) of the Small Business Act \(15
U.S.C. 649\(l\)\) is amended—
\(1\) by redesignating paragraphs \(7\) through \(9\) as
paragraphs \(8\) through \(10\), respectively; and
\(2\) by inserting after paragraph \(6\) the following:
“\(7\) Survey.—The Associate Administrator shall conduct an
annual survey of each State that received a grant under this
subsection during the preceding year to solicit feedback on
the program and develop best practices for grantees.”.
\(c\) Reports.—Paragraph \(8\) of section 22\(l\) of the Small
Business Act \(15 U.S.C. 649\(l\)\), as so redesignated by
subsection \(b\), is amended—
\(1\) in subparagraph \(B\)—
\(A\) in clause \(i\)—
\(i\) in subclause \(I\), by inserting “, as well as the
timing of applications and award announcements” before the
semicolon at the end;
\(ii\) in subclause \(III\), by inserting “, including the
total number of eligible small business concerns assisted by
the program \(disaggregated by socially and economically
disadvantaged small business concerns, small business
concerns owned and controlled by women, and rural small
business concerns\)” before the semicolon at the end;
\(iii\) in subclause \(IV\), by striking “and” at the end;
\(iv\) in subclause \(V\)—
\(I\) by striking “description of best practices” and
inserting “detailed description of best practices”; and
\(II\) by striking the period at the end and inserting a
semicolon; and
\(v\) by adding at the end the following:
“\(VI\) an analysis of the performance metrics described in
clause \(iii\), including a determination of whether or not any
goals relating to such performance metrics were met, and an
analysis of the survey described in paragraph \(7\); and
“\(VII\) a description of lessons learned by grant
recipients under this subsection that may apply to other
assistance provided by the Administration.”; and
\(B\) by adding at the end the following:
“\(iii\) Performance metrics.—Annually, the Associate
Administrator shall collect data on eligible small business
concerns assisted by the program for the following
performance metrics:
“\(I\) Total number of such concerns, disaggregated by
socially and economically disadvantaged small business
concerns, small business concerns owned and controlled by
women, and rural small business concerns.
“\(II\) Total dollar amount of export sales by eligible
small business concerns assisted by the program.
“\(III\) Number of such concerns that have not previously
participated in an activity described in paragraph \(2\).
“\(IV\) Number of such concerns that, because of
participation in the program, have accessed a new market.
“\(V\) Number of such concerns that, because of
participation in the program, have created new jobs.
“\(VI\) Number of such concerns participating in foreign
trade missions or trade show exhibitions, disaggregated by
socially and economically disadvantaged small business
concerns, small business concerns owned and controlled by
women, and rural small business concerns.”; and
\(2\) by adding at the end the following:
“\(C\) Reporting by recipients; processing of
reimbursements.—
“\(i\) In general.—The Associate Administrator shall
establish for recipients of grants under the program a
reporting process, template, or spreadsheet format to report
information regarding the program that reduces duplicative or
unnecessary reporting requirements, except as needed to
report congressionally required key performance indicators,
make funding decisions, or conduct necessary oversight of the
program.
“\(ii\) Processing of reimbursement requests.—The Associate
Administrator shall—
“\(I\) process information submitted by a State, territory,
or commonwealth for purposes of obtaining reimbursement for
eligible activities in a timely manner;
“\(II\) notify a State, territory, or commonwealth if such
information is not processed on or before the date that is 21
days after the date such information is submitted; and
“\(III\) provide an estimated completion timeline with any
notification under subclause \(II\)
“\(D\) Monthly obligations.—Not later than 30 days after
the date of enactment of this subparagraph, and every month
thereafter, the Administration shall submit to the Committee
on Small Business and Entrepreneurship and the Committee on
Appropriations of the Senate and the Committee on Small
Business and the Committee on Appropriations of the House of
Representatives a monthly obligations report that includes
information on obligations of funding under the program,
which shall include—
“\(i\) the Treasury Account Symbols;
“\(ii\) the period of availability;
“\(iii\) the unobligated balance for the program at the
beginning of the month;
“\(iv\) monthly realized recoveries or recaptures;
“\(v\) monthly obligations;
“\(vi\) a comparison of the obligations incurred in the
period covered by the report to the obligations incurred in
the same period in the 2 prior fiscal years; and
“\(vii\) the resulting unobligated balances at the end of
the month.”.
\(d\) Expansion of Definition of Eligible Small Business
Concern.—
\(1\) In general.—Section 22\(l\)\(1\)\(A\) of the Small Business
Act \(15 U.S.C. 649\(l\)\(1\)\(A\)\) is amended—
\(A\) in clause \(iii\)\(II\), by adding “and” at the end;
\(B\) by striking clause \(iv\); and
\(C\) by redesignating clause \(v\) as clause \(iv\).
\(2\) Limitation on use of funds for participation in foreign
trade missions.—Section 22\(l\)\(2\)\(A\) of the Small Business
Act \(15 U.S.C. 649\(l\)\(2\)\(A\)\) is amended by inserting “by
eligible small business concerns that have been in operation
for not less than 1 year” after “trade missions”.
\(e\) Authorization of Appropriations.—Paragraph \(10\) of
section 22\(l\) of the Small Business Act \(15 U.S.C. 649\(l\)\),
as so redesignated by subsection \(b\), is amended by striking
“fiscal years 2016 through 2020” and inserting “fiscal
years 2027 through 2031”.
\(f\) Report to Congress.—Not later than 1 year after the
date of enactment of this Act, the Associate Administrator
for International Trade of the Small Business Administration
shall submit to Congress a report on the State Trade
Expansion Program established under section 22\(l\) of the
Small Business Act \(15 U.S.C. 649\(l\)\), as amended by this
section, that includes a description of—
\(1\) the process developed for review of revised budget
plans submitted under subparagraph \(F\) of section 22\(l\)\(3\) of
the Small Business Act \(15 U.S.C. 649\(l\)\(3\)\), as added by
this section;
\(2\) the process through which the Small Business
Administration selects and funds grantees and the criteria
used by the Administration in making such decisions;
\(3\) any changes made to streamline the application and
reporting processes to remove duplicative requirements and
create a more transparent process;
\(4\) the process developed to share best practices by States
described in paragraph \(8\)\(B\)\(i\)\(V\) of section 22\(l\) of the
Small Business Act \(15 U.S.C. 649\(l\)\), as so redesignated by
this section, particularly for first-time grant recipients
under the State Trade Expansion Program or grant recipients
that are facing problems using grant funds; and
\(5\) the process developed to communicate, both verbally and
in writing, relevant information about the State Trade
Expansion Program to all grant recipients in a timely manner.
SA 6170. Mrs. SHAHEEN \(for herself, Mr. Young, Ms. Cortez Masto, Mr. Rounds, Ms. Slotkin, Mr. Justice, and Mr. King\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—SECURE MINERALS
SEC. 1701. SHORT TITLE.
This title may be cited as the “Securing Essential and
Critical U.S. Resources and Elements Minerals Act of 2026”
or the “SECURE Minerals Act of 2026”.
SEC. 1702. FINDINGS.
Congress finds that—
\(1\) critical minerals and materials are essential to the
ongoing economic and national security of the United States,
playing a vital role in the manufacturing, transportation,
medical, technology, defense, and energy sectors;
\(2\) the global demand for critical minerals and materials
has been rapidly increasing due to advancements in
technology, whether defense, dual-use, or commercial, and the
increasing adoption of renewable energy sources and next-
generation automotive systems, all of which rely heavily on
critical minerals and materials for the production of
batteries, solar panels, wind turbines, high-speed computing,
advanced magnetic systems, and other high-tech applications;
\(3\) the People's Republic of China—
\(A\) currently controls a significant portion of the global
supply chain for critical minerals and materials through
extensive mining, integrated midstream operations,
significant domestic subsidies and incentives, and strategic
investments in resource-rich countries, dominating the global
market infrastructure for critical minerals and materials and
enhancing the ability of the People's Republic of China to
manipulate pricing to the detriment of competitors;
\(B\) centrally controls its dominant market share across
multiple critical mineral vertical markets, preventing fair
competition and hindering the ability of United States firms
and firms in partner countries to innovate and scale
production;
\(C\) predatorily leverages its position as sponsor or
consumer, as applicable, over mining projects globally,
resulting in a dearth of feedstocks to the great detriment of
downstream industries, regions, and countries, including the
United States;
\(D\) operates integrated supply chains that are subservient
to the Chinese state and are calibrated to weaponize
influence over prices and volumes in the contest for access
to critical minerals and materials, as well as the end-use
components and applications produced from critical minerals
and materials; and
\(E\) acts to undercut efforts in the United States and
partner countries to develop alternative sources of supply;
\(4\) producers of critical minerals and materials in the
United States often face artificially low prices set by
supply chains controlled by the People's Republic of China,
discouraging private investment in domestic extraction and
processing;
\(5\) the lack of transparent, competitive, and market-driven
pricing mechanisms for critical minerals and materials
outside of the People's Republic of China compounds market
problems, creating systemic risk and limiting the viability
of an independent supply chain for critical minerals and
materials in the United States;
\(6\) the United States is heavily reliant on imports for
many of the most critical minerals and materials, including
rare earth elements, making the United States vulnerable to
supply disruptions, geopolitical tensions, and economic
manipulation by countries that dominate the market,
specifically the People's Republic of China;
\(7\) the vulnerabilities to the United States defense
industrial base posed by reliance on imports of critical
minerals and materials are significant, and given the long
lead times for investments in both mining and processing of
critical minerals, domestic critical
minerals production projects are particularly susceptible to
price shocks induced by the People's Republic of China, which
can depress critical mineral prices for an extended period;
\(8\) increasing domestic primary feedstock production,
processing, conversion, recycling, reuse, and repurposing to
advanced materials and products, as well as increasing
alternative market supply in partner countries, are
imperative to reduce the impact of market manipulation by
foreign state actors, such as the People's Republic of China;
\(9\) the United States must ensure that a stable and secure
supply chain of essential resources is available to our
domestic innovation and manufacturing ecosystems;
\(10\) sustainable and responsible corporate behavior in the
direct operations of companies and across their global value
chains is important to ensuring a resilient domestic critical
minerals supply;
\(11\) investments in domestic extraction and processing
infrastructure, as well as reuse, repurposing, and recycling,
are necessary to build a resilient and diversified supply
chain for critical minerals and materials, supporting the
economic growth and national security interests of the United
States; and
\(12\) government support to develop and ensure the integrity
of Western and partner country markets for critical minerals
and materials as a countermeasure against the anti-
competitive tactics of the People's Republic of China and the
supply chain co-collaborators of the People's Republic of
China will fill the most acute strategic gap, which cannot be
otherwise achieved by private industry participants acting
alone.
SEC. 1703. DEFINITIONS.
In this title:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
\(B\) the Committee on Agriculture of the House of
Representatives;
\(C\) the Committee on Armed Services of the Senate;
\(D\) the Committee on Armed Services of the House of
Representatives;
\(E\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(F\) the Committee on Financial Services of the House of
Representatives;
\(G\) the Committee on Commerce, Science, and Transportation
of the Senate;
\(H\) the Committee on Energy and Commerce of the House of
Representatives;
\(I\) the Committee on Energy and Natural Resources of the
Senate;
\(J\) the Committee on Natural Resources of the House of
Representatives;
\(K\) the Committee on Foreign Relations of the Senate; and
\(L\) the Committee on Foreign Affairs of the House of
Representatives.
\(2\) Authorized intermediary.—The term “authorized
intermediary” means an entity that—
\(A\) is a private entity;
\(B\) has expertise in more than 1 critical mineral or
material;
\(C\) has expertise in commodities trading, market making,
capital management, or finance;
\(D\) does not have any management influenced by a foreign
entity of concern or a citizen of a covered country,
including any entities affiliated with the private entity or
the ownership of the private entity;
\(E\) is not owned, controlled, directed, financed, or
otherwise influenced, directly or indirectly, in whole or in
any part greater than 25 percent, by a foreign entity of
concern, a citizen of a covered country, or the government of
a covered country; and
\(F\) has been approved to be an authorized intermediary by
the Board.
\(3\) Board.—The term “Board” means the board of governors
of the Reserve established by section 1705\(a\).
\(4\) Chairperson.—The term “Chairperson” means the
Chairperson of the Board.
\(5\) Covered country.—The term “covered country” means a
country that—
\(A\) is a covered nation \(as defined in section 4872\(f\) of
title 10, United States Code\); or
\(B\) the Secretary of Energy, in consultation with the
Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, determines to be engaged
in conduct that is detrimental to the national security or
foreign policy of the United States.
\(6\) Critical mineral or material.—The term “critical
mineral or material” means mineral or material included in
the list of eligible critical minerals and materials
established by the Reserve under section 1708\(a\).
\(7\) Dependence rate.—The term “dependence rate” means
the percentage of domestic end-use consumption of a critical
mineral or material that is supplied by production by a
foreign entity of concern or in a covered country, in
aggregate.
\(8\) Foreign entity of concern.—The term “foreign entity
of concern” means a foreign entity that—
\(A\) meets the requirements described in subparagraphs \(A\),
\(B\), \(D\), or \(E\) of section 10638\(3\) of the Research and
Development, Competition, and Innovation Act \(42 U.S.C.
19237\(3\)\); or
\(B\)\(i\) is owned, controlled, directed, financed, or
otherwise influenced, directly or indirectly, in whole or in
any part greater than 25 percent, by the government of a
foreign country that is a covered country; or
\(ii\) is otherwise subject to the jurisdiction or direction
of a government of a covered country;
\(9\) Indirect financial interest.—
\(A\) In general.—The term “indirect financial interest”,
with respect to a person, means a financial interest—
\(i\) that is not directly held by that person; and
\(ii\) from which that person benefits.
\(B\) Benefits.—For the purposes of subparagraph \(A\)\(ii\), in
addition to any other benefit, a person shall be considered
to benefit from a financial interest if the financial
interest is held by—
\(i\) a spouse, child, or dependent of that person; or
\(ii\) a close family member or other individual having a
close relationship with, and residing in the home of, that
person.
\(10\) Inspector general.—The term “Inspector General”
means the Inspector General of the Reserve.
\(11\) Partner country.—The term “partner country” means—
\(A\) a member country of the North Atlantic Treaty
Organization;
\(B\) a country that has been designated as a major non-NATO
ally under section 517 of the Foreign Assistance Act of 1961
\(22 U.S.C. 2321k\); or
\(C\) a foreign country, including any market or any producer
in a foreign country—
\(i\) with which the United States has entered into a mutual
defense treaty or other mutual defense agreement, but not
including Venezuela;
\(ii\) that is recognized by the Secretary of State and the
Secretary of Defense as a strategic partner due to an
established bilateral agreement that emphasizes mutual
interests in security, defense, and critical mineral supply
chains, including countries designated under United States
strategic frameworks and agreements;
\(iii\) with which the United States has entered into a
comprehensive economic and trade agreement that includes
provisions for the collaboration on critical mineral
resources and to safeguard supply chains critical to national
security and economic stability;
\(iv\) with which the United States Geological Survey has in
effect a memorandum of understanding concerning scientific
and technical cooperation in earth sciences, unless that
country is a covered country; or
\(v\) with which the Department of State, the United States
International Development Finance Corporation, the Export-
Import Bank of the United States, or the United States Trade
and Development Agency is working to advance an active
critical mineral project.
\(12\) Production rate.—The term “production rate” means
the percentage of domestic end-use consumption of a critical
mineral or material that is supplied by domestic and partner
country production in aggregate.
\(13\) Purposes of the reserve.—The term “purposes of the
Reserve” means the purposes of the Reserve described in
section 1704\(b\).
\(14\) Recycle.—The term “recycle” means an action or
process to convert a critical mineral or material contained
within a finished or semi-finished product into a form
suitable for repurposing or reuse of the critical mineral or
material.
\(15\) Repurpose.—The term “repurpose” means any operation
that results, in whole or in part, in a critical mineral or
material being used for a different purpose or application
than the purpose or application for which the critical
mineral or material, or the product into which the critical
mineral or material is manufactured into, was originally
intended.
\(16\) Reserve.—The term “Reserve” means the Strategic
Resilience Reserve Corporation of the United States
established by section 1704\(a\)\(1\).
\(17\) Reuse.—The term “reuse” means the complete or
partial direct use of a critical mineral or material after
use for the original purposes for which the critical mineral
or material was intended.
\(18\) Vice-chairperson.—The term “Vice-chairperson” means
the Vice-chairperson of the Board.
SEC. 1704. ESTABLISHMENT.
\(a\) Entity Formation.—
\(1\) In general.—There is established a wholly owned
government corporation, to be known as the “Strategic
Resilience Reserve Corporation of the United States”.
\(2\) Conforming amendment.—Section 9101\(3\) of title 31,
United States Code, is amended by adding at the end the
following:
“\(Q\) the Strategic Resilience Reserve Corporation of the
United States.”.
\(b\) Purposes.—The purposes of the Reserve are—
\(1\) to support a free, fair, and competitive market for
critical minerals and materials in which domestic and partner
country producers and processors can compete and innovate;
\(2\) to support domestic and partner country production,
extraction, processing, refining, reuse, repurposing, and
recycling of, and capabilities and infrastructure with
respect to, critical minerals and materials;
\(3\) to support and protect stable and economically
sustainable prices of critical minerals and materials,
including price levels consistent with competitive market
economies and reliable supply;
\(4\) to support responsible production of critical minerals
and materials with respect
to standards for transparency, environmental, and labor
practices, and to ensure a competitive market for producers
meeting those standards;
\(5\) to assist in maintaining balanced and adequate supplies
of critical minerals and materials to the United States, as
determined by the Board;
\(6\) to the maximum extent practicable, to ensure that, at
each stage of the supply chain—
\(A\) the production rate of each critical mineral or
material is equal to or greater than a percentage determined
to be reasonable by the Board, in coordination with
appropriate Federal agencies, but not less than 25 percent;
and
\(B\) the dependence rate for each critical mineral or
material is equal to or less than a percentage determined to
be reasonable by the Board, in coordination with appropriate
Federal agencies, but not more than 75 percent;
\(7\) to prioritize—
\(A\) domestic projects and supply chains, including
processing capacity, for critical minerals and materials;
\(B\) projects that—
\(i\) recycle, reuse, or repurpose critical minerals or
materials; or
\(ii\) extract or produce critical minerals or materials from
mine or industrial waste, including mining tailings,
industrial waste, or non-conventional waste streams; and
\(C\) projects for critical minerals or materials the
dependence rate of which is 100 percent; and
\(8\) to ensure the efficient use of government funds to
support critical mineral and material projects and, to the
maximum extent practicable, ensure fair returns to taxpayers
and investments made by the Reserve.
SEC. 1705. BOARD OF GOVERNORS.
\(a\) Membership.—
\(1\) Appointment.—
\(A\) In general.—The Reserve shall have a board of
governors consisting of 7 voting members appointed by the
President, by and with the advice and consent of the Senate.
\(B\) Chairperson and vice-chairperson.—The President shall
designate, by and with the advice and consent of the Senate—
\(i\) 1 member of the Board to serve as Chairperson, for a
term of 4 years; and
\(ii\) 1 member of the Board to serve as Vice-chairperson,
for a term of 4 years, and who shall serve as Chairperson in
the absence or vacancy of the Chairperson.
\(C\) Initial appointment.—Not later than 180 days after the
date of enactment of this Act, the President shall appoint
each of the 7 members of the Board.
\(D\) Representation.—The President shall carry out this
paragraph with due regard for a fair representation of
Tribal, labor, environmental, industrial, and commercial
interests.
\(2\) Qualifications.—To be eligible to be appointed as a
member of the Board under paragraph \(1\), an individual—
\(A\) shall have significant demonstrated expertise in—
\(i\) the business of commodities production, storage, or
trade, or the financial sector as it relates to critical
minerals or materials;
\(ii\) the financing, development, or operation of projects
related to the manufacturing and commercialization of
critical minerals or materials;
\(iii\) the demand for, and usage of, critical minerals or
materials, including future demand or usage of critical
minerals or materials for national security and economic
purposes;
\(iv\) the recycling, repurposing, or reuse of critical
minerals; or
\(v\) other experience related to the production and usage of
critical minerals and materials, including expertise in
sustainable and responsible production practices, in the
fields of engineering, logistics, law, academia, research, or
policy; and
\(B\) may not—
\(i\) have a direct or indirect financial interest in an
entity directly involved in the commodities industry or
financial sector as it relates to critical minerals or
materials; or
\(ii\) have immediate family with a direct financial interest
in an entity directly described in clause \(i\).
\(3\) Terms.—
\(A\) In general.—Except as otherwise provided in this
section, each member of the Board shall be appointed for a
term of 14 years.
\(B\) Initial staggered terms.—Of the members first
appointed to the Board—
\(i\) 1 member each shall be appointed to a term expiring in
calendar year 2028, 2030, 2032, 2034, 2036, 2038, and 2040,
respectively; and
\(ii\) each term shall expire on January 31 of the applicable
calendar year.
\(C\) Vacancies.—Not later than 180 days after the date on
which a vacancy occurs on the Board before the expiration of
the term for that member, the President, by and with the
advice and consent of the Senate, shall appoint a new member
of the Board to fill the vacancy and serve the remainder of
that term.
\(D\) Completion of term.—
\(i\) In general.—On expiration of a term for a Board
member, the applicable Board member may continue to serve for
1 year or until a successor is appointed pursuant to this
subsection, whichever is less.
\(ii\) Chairperson and vice-chairperson.—An individual who
is appointed to serve a term as the Chairperson or Vice-
chairperson under paragraph \(1\)\(B\) shall, after such term
ends—
\(I\) serve as the Chairperson or Vice-chairperson,
respectively, until a successor is appointed pursuant to this
subsection; and
\(II\) serve as a member of the Board for the remainder of
the term of such individual in accordance with this
paragraph.
\(4\) Compensation.—Each member of the Board shall be
compensated at a rate equal to the annual rate of basic pay
prescribed for level III of the Executive Schedule under
section 5314 of title 5, United States Code.
\(5\) Conflicts of interest.—
\(A\) In general.—During the period beginning on the date on
which the term of a member of the Board begins and ending on
the date that is 2 years after the date on which the term of
that member ends, the member may not hold any direct or
indirect financial interest in, or hold any office, position,
including in an advisory or consultant position, or other
employment in or with, any entity receiving or pursuing
financial support from the Reserve.
\(B\) Opportunity to cure violation.—
\(i\) In general.—If the Inspector General finds that an
individual described in subparagraph \(A\) is in violation of
that subparagraph, that individual shall cure the applicable
violation by not later than 30 days after the date on which
the violation is found.
\(ii\) Requirements to cure.—To cure a violation of
subparagraph \(A\), as required by clause \(i\), the applicable
individual shall, at a minimum—
\(I\) renounce any pecuniary gain associated with the
violation; and
\(II\) terminate each relationship that is the subject of the
violation.
\(C\) Penalty for uncured violation.—
\(i\) Removal.—If the Inspector General finds that an
individual described in subparagraph \(A\) is in violation of
that subparagraph and does not cure the violation in
accordance with subparagraph \(B\) by the date described in
clause \(i\) of that subparagraph or, as applicable, by the
date established by the Inspector General under subparagraph
\(D\), that individual shall be removed from the Board.
\(ii\) Applicability of criminal liability.—
\(I\) In general.—A member of the Board shall be considered
to be an officer or employee of the Executive Branch for
purposes of section 207\(a\) of title 18, United States Code,
and shall be subject to paragraph \(2\) of that section.
\(II\) Referral.—If the Inspector General makes a finding
described in clause \(i\) with respect to an individual
described in that clause, the Inspector General may refer the
matter to the Attorney General.
\(D\) Extension of cure period.—The Inspector General—
\(i\) may extend the time period provided under subparagraph
\(B\)\(i\) for an individual described in subparagraph \(A\) to
cure a violation of that subparagraph by not more than 90
days; and
\(ii\) shall document the rationale behind any extension
granted under clause \(i\).
\(6\) Removal.—Except as provided in paragraph 5\(C\)\(i\), no
member of the Board, Chairperson, and Vice-chairperson may be
removed from office except by—
\(A\) impeachment by Congress;
\(B\) removal from office because of a Federal criminal
conviction for a felony, in which case the member,
Chairperson, or Vice-chairperson shall be considered to have
been removed from the Board; or
\(C\) the action of the President for inefficiency, neglect
of duty, malfeasance in office, or incapacity to perform the
applicable duties described in this section.
\(b\) Meetings.—
\(1\) Open to the public; notice.—Except as provided in
paragraph \(3\), all meetings of the Board shall be—
\(A\) open to the public; and
\(B\) preceded by reasonable public notice.
\(2\) Frequency.—The Board shall meet—
\(A\) not later than 60 days after the date on which all
members of the Board are first appointed;
\(B\) not less frequently than quarterly after the date
described in subparagraph \(A\); and
\(C\) at the call of—
\(i\) the Chairperson; or
\(ii\) 4 or more members of the Board.
\(3\) Closed meetings.—The Board, by majority vote of the
members, may close a meeting to the public if, during the
meeting, there is likely to be disclosed—
\(A\) sensitive information regarding national security; or
\(B\) proprietary or sensitive information regarding a
project under consideration for assistance under this title.
\(4\) Minutes.—
\(A\) In general.—Except as provided in subparagraph \(B\),
the minutes of each meeting of the Board shall be made
publicly available as soon as practicable.
\(B\) Closed meeting minutes.—The minutes for a closed
meeting shall be made available—
\(i\) to the appropriate congressional committees not later
than 60 days after the date of the closed meeting; and
\(ii\) to the public not later than 3 years after the date of
the closed meeting, with any necessary redactions to protect
information that remains proprietary or sensitive at the time
of publication.
\(5\) Quorum.—5 members of the Board shall constitute a
quorum.
\(6\) Voting.—
\(A\) In general.—Each member of the Board shall have an
equal vote in all decisions of the Board.
\(B\) Decisions.—Unless otherwise specified, decisions of
the Board shall be made by majority vote of the members
constituting a quorum.
\(c\) Powers and Duties of the Board.—The Board shall—
\(1\) not later than 180 days after the date on which all
members of the Board are appointed—
\(A\) develop and approve the bylaws of the Reserve,
including bylaws for the regulation of the affairs and
conduct of the business of the Reserve, consistent with the
purpose, goals, objectives, and policies of this title;
\(B\) establish dollar-value thresholds, not to exceed
$2,500,000, above which transactions and loans made by the
Reserve will require approval of the Board;
\(C\) establish committees required by this title composed
solely of members of the Board, as the Board determines to be
appropriate;
\(D\) develop and approve a conflict-of-interest policy for
the Board and employees of the Reserve, including—
\(i\) establishing compensation levels for employees of the
Reserve, not to exceed $150,000 initially \(but which may be
adjusted for inflation\), above which employees of the Reserve
shall be limited with regard to future employment at and
compensation from entities receiving financial support from
the Reserve, for a period not to exceed the date that is 2
years after the date on which employment with the Reserve
ends; and
\(ii\) establishing penalties for violations, including
monetary penalties, that, for violations of the limitations
described in clause \(i\), may be based on the higher of—
\(I\) the current compensation of the employee; and
\(II\) the total compensation from entities receiving
financial support from the Reserve;
\(E\) approve or disapprove internal policies that the
Chairperson shall submit to the Board, including—
\(i\) policies and procedures regarding the approval of
authorized intermediaries;
\(ii\) policies and procedures regarding the project
application and approval process;
\(iii\) policies and procedures regarding the acquisition and
sale of critical minerals and materials sufficient to ensure
fair access to transactions with the Reserve and effective
use of capital of the Reserve;
\(iv\) policies and procedures regarding financing,
acquisition, and sale to raise global production standards
for critical minerals and materials that minimize
environmental damage, prevent forced labor use, and ensure a
more competitive market for producers in countries with
stronger standards; and
\(v\) operational guidelines; and
\(F\) approve or disapprove a 1-year business plan and budget
for the Reserve;
\(2\) ensure that the Reserve is operated in a manner that is
consistent with this title by—
\(A\) monitoring and assessing the effectiveness of the
Reserve in achieving the purposes of the Reserve;
\(B\) reviewing and approving internal policies, annual
business plans, annual budgets, and long-term strategies
submitted by the Chairperson;
\(C\) reviewing and approving annual reports submitted by the
Chairperson;
\(D\) engaging 1 or more external auditors; and
\(E\) reviewing and approving all changes to the organization
of the Reserve;
\(3\) appoint and fix, by a vote of not fewer than 5 of the 7
members of the Board, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, the compensation and adjustments to
compensation of all personnel of the Reserve, subject to the
condition that in appointing and fixing any compensation or
adjustments to compensation under this paragraph, the Board
shall—
\(A\) consult with, and seek to maintain comparability with,
other comparable Federal personnel, as the Board may
determine to be appropriate;
\(B\) consult with the Office of Personnel Management; and
\(C\) carry out those duties consistent with merit
principles, where applicable, as well as the education,
experience, level of responsibility, geographic differences,
comparability to private sector positions, and retention and
recruitment needs of the Reserve in determining compensation
of personnel;
\(4\) approve by a vote of not fewer than 5 of the 7 members
of the Board—
\(A\) any changes to the bylaws or internal policies of the
Reserve; and
\(B\) any equity investments and accompanying documentation
made under section 1712\(b\)\(4\);
\(5\) have the authority and responsibility—
\(A\) to oversee entering into and carrying out contracts,
leases, cooperative agreements, or other transactions as are
necessary to carry out this title;
\(B\) to approve of the acquisition, lease, pledge, exchange,
and disposal of real and personal property by the Reserve and
otherwise approve the exercise by the Reserve of all of the
usual incidents of ownership of property, to the extent that
the exercise of those powers is appropriate to and consistent
with the purposes of the Reserve;
\(C\) to determine the character of, and the necessity for,
the obligations and expenditures of the Reserve, and the
manner in which the obligations and expenditures will be
incurred, allowed, and paid, subject to this title and
Federal law specifically applicable to wholly owned
government corporations;
\(D\) to execute or approve, in accordance with applicable
bylaws and regulations, appropriate financial instruments and
investments, with the understanding that the investments
carry financial risk and may result in financial losses;
\(E\) to approve other forms of credit enhancement that the
Reserve may provide to projects, subject to the condition
that the forms of credit enhancements shall be consistent
with the purposes of this title;
\(F\) to exercise all other lawful powers that are necessary
or appropriate to carry out, and are consistent with, the
purposes of the Reserve;
\(G\) to sue or be sued in the corporate capacity of the
Reserve in any court of competent jurisdiction;
\(H\) to indemnify and hold harmless the members of the Board
for any liabilities arising out of the actions of the members
acting in that capacity, in accordance with, and subject to
the limitations under, this title;
\(I\) to enter into binding commitments, as specified in
approved financial assistance packages; and
\(J\) to determine whether—
\(i\) to obtain a lien on the assets of an entity that
receives assistance under this title; and
\(ii\) to subordinate a lien under clause \(i\) to any other
lien securing project obligations; and
\(6\) establish the risk and audit committees described in
section 1716.
SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.
\(a\) Authorization.—There is authorized to be appropriated
to the Reserve to carry out the requirements of this title,
subject to subsection \(b\), $2,500,000,000, to remain
available until expended.
\(b\) Limitation Relating to the President and Vice
President.—None of the funds authorized to be appropriated
or otherwise made available by this title may be obligated or
expended to provide any grant, contract, loan, or other
financial assistance to an entity in which the President,
Vice President, or an immediate family member \(as defined in
section 1128\(j\) of the Social Security Act \(42 U.S.C. 1320a-
7\(j\)\)\) of the President or Vice President holds, directly or
indirectly, any ownership interest or serves in any
managerial, officer, director, or board capacity.
SEC. 1707. GENERAL AUTHORITIES.
To the extent necessary to develop, operate, or maintain
the Reserve, the Reserve may—
\(1\) issue rules, regulations, or orders;
\(2\) acquire by purchase land or interests in land for the
location of storage and related facilities;
\(3\) construct, purchase, lease, or otherwise acquire
storage and related facilities;
\(4\) use, lease, maintain, sell, or otherwise dispose of
land or interests in land, or of storage and related
facilities acquired under this title, under such terms and
conditions as the Board considers necessary or appropriate;
\(5\) acquire, subject to the requirements of this title, by
purchase, exchange, or otherwise, critical minerals or
materials for storage;
\(6\) sell, or otherwise dispose of, subject to the
requirements of this title, critical minerals, materials, or
other assets;
\(7\) store critical minerals or materials in storage
facilities owned and controlled by the United States or in
storage facilities owned by authorized intermediaries if the
Reserve has sufficient contractual certainty of access to the
critical minerals and materials and those facilities are
subject to audit by the United States;
\(8\) execute contracts with private entities for the storage
of critical minerals and materials at storage facilities
owned by private entities if the Reserve has sufficient
contractual certainty of access to those critical minerals
and materials and those facilities are subject to audit by
the United States;
\(9\) partner with private sector, academia, and Federal
agencies to further the purposes of the Reserve, including to
advance the development and commercialization of responsible
reuse and recycling processes for critical minerals and
materials; and
\(10\) execute any contracts necessary to develop, operate,
or maintain the Reserve.
SEC. 1708. IDENTIFICATION OF ELIGIBLE CRITICAL MINERALS AND
MATERIALS.
\(a\) Eligible Critical Minerals and Materials List.—Subject
to subsections \(b\), \(c\), and \(d\), the Reserve, in
consultation with the heads of Federal departments and
agencies described in section 1709\(6\), shall establish, and
thereafter maintain, a list of critical minerals and
materials eligible for financing or acquisition support
described in section 1712.
\(b\) Requirements.—
\(1\) Establishment.—A mineral or material may only be
included on the list of eligible critical minerals and
materials established under subsection \(a\) if—
\(A\) the mineral or material is—
\(i\) included on the list of critical minerals published by
the United States Geological Survey pursuant to section
7002\(c\) of the Energy Act of 2020 \(30 U.S.C. 1606\(c\)\);
\(ii\) included on the list of critical materials published
by the Department of Energy pursuant to section 7002\(a\) of
the Energy Act of 2020 \(30 U.S.C. 1606\(a\)\); or
\(iii\) a material of interest designated by the Director of
the Defense Logistics Agency; and
\(B\) the Reserve determines that the mineral or material—
\(i\) is a non-fuel mineral or material;
\(ii\) has a vulnerable or highly concentrated supply chain;
and
\(iii\) is necessary—
\(I\) for the national defense and national security
requirements of the United States;
\(II\) for the energy infrastructure of the United States,
including—
\(aa\) pipelines;
\(bb\) refining capacity;
\(cc\) electrical power generation, storage, transmission,
and distribution;
\(dd\) renewable energy production; and
\(ee\) energy storage
\(III\) to support domestic manufacturing, agriculture,
housing, telecommunications, health care, or transportation
and transportation infrastructure; or
\(IV\) for the economic security or balance of trade of the
United States.
\(2\) Modifications.—
\(A\) Additions.—After the list of eligible critical
minerals and materials is established under paragraph \(1\),
the Reserve may add a mineral or material to the list of
eligible critical minerals and materials maintained under
subsection \(a\) if, after the date that the most recent list
is published under subsection \(e\)\(1\)—
\(i\) the mineral or material—
\(I\) is included on the most recently published list of
critical minerals published by the United States Geological
Survey pursuant to section 7002\(c\) of the Energy Act of 2020
\(30 U.S.C. 1606\(c\)\);
\(II\) is included on the most recently published list of
critical materials published by the Department of Energy
pursuant to section 7002\(a\) of the Energy Act of 2020 \(30
U.S.C. 1606\(a\)\); or
\(III\) a material of interest designated by the Director of
the Defense Logistics Agency; and
\(ii\) the Reserve determines that the mineral or material
meets the requirements described in paragraph \(1\)\(B\).
\(B\) Removals.—After the list of eligible critical minerals
and materials is established under paragraph \(1\), the Reserve
shall remove a mineral or material from the list of eligible
critical minerals and materials maintained under subsection
\(a\) if—
\(i\) the mineral or material, as of the date on which the
list is published under subsection \(e\)\(1\)—
\(I\) has not been included on a list of critical minerals
published by the United States Geological Survey pursuant to
section 7002\(c\) of the Energy Act of 2020 \(30 U.S.C. 1606\(c\)\)
for a period of at least 3 years;
\(II\) has not been included on a list of critical materials
published by the Department of Energy pursuant to section
7002\(a\) of the Energy Act of 2020 \(30 U.S.C. 1606\(a\)\) for a
period of at least 3 years; or
\(III\) has not been designated as a material of interest by
the Director of the Defense Logistics Agency for a period of
at least 3 years; or
\(ii\) the Reserve determines that the mineral or material no
longer meets the requirements described in paragraph \(1\)\(B\).
\(c\) Considerations.—In establishing and maintaining the
list of eligible critical minerals and materials under
subsection \(a\), the Reserve shall consider—
\(1\) the results of any assessments conducted under sections
1710 and 1711;
\(2\) the existing market infrastructure and financial
environment for a given critical mineral or material,
especially domestically or in partner countries;
\(3\) the substitutability of, and projected demand for, a
given critical mineral or material; and
\(4\) other information the Reserve determines necessary to
achieve the purposes of the Reserve.
\(d\) Exclusions.—A mineral or material may not be included
on the list of eligible critical minerals and materials
established and maintained under subsection \(a\) if the
mineral or material is—
\(1\) oil, oil shale, natural gas, coal, or uranium;
\(2\) water, ice, or snow; or
\(3\) a common variety, as determined by the Board, of sand,
gravel, stone, pumice, cinders, or clay.
\(e\) Update.—
\(1\) In general.—The Reserve shall publish and update not
less frequently than annually the list of eligible critical
minerals and materials established and maintained under
subsection \(a\).
\(2\) Requirement.—In carrying out paragraph \(1\), the
Reserve shall separately publish a list of minerals and
materials—
\(A\) previously included on a list published under paragraph
\(1\) but were removed within the previous 3 years; and
\(B\) not included in the list published under paragraph \(1\)
but with respect to which the Reserve has an active position,
contract, or transaction.
SEC. 1709. DATA COLLECTION.
There is established within the Reserve a division, to be
known as the “Division of Data Collection”, which, to the
extent practicable, shall—
\(1\) be led by a Director selected by the Board;
\(2\) develop and maintain a proprietary dataset sufficient
to ensure the thorough analysis of global critical minerals
and materials markets;
\(3\) collect and maintain sufficient datasets, including
data comprising global, domestic, and partner country markets
and, to the extent possible, data derived from individual
critical mineral and material projects, to inform and
estimate—
\(A\) production, extraction, infrastructure, repurposing,
and recycling costs for critical minerals and materials
supply chains;
\(B\) collection and recycling rates for critical minerals
and materials in domestic and partner country markets; and
\(C\) the forecast of supply and demand of critical minerals
and materials within domestic and partner country markets;
\(4\) collect and maintain—
\(A\) actual transaction price data for critical minerals and
materials in the global market, including geographic data;
and
\(B\) any other datasets necessary to effectuate such
purpose, including modeled transaction data and datasets
produced by or derivative of datasets produced by the
People's Republic of China;
\(5\) using the most current data collected under paragraphs
\(3\) and \(4\), support the activities described in sections
1710 and 1712;
\(6\) consult with relevant heads of Federal departments and
agencies, including—
\(A\) the Secretary of Agriculture;
\(B\) the Secretary of Commerce;
\(C\) the Secretary of Defense;
\(D\) the Secretary of Energy;
\(E\) the Secretary of the Interior;
\(F\) the Secretary of State;
\(G\) the Secretary of the Treasury;
\(H\) the Chief Executive Officer of the United States
International Development Finance Corporation;
\(I\) the Director of the Central Intelligence Agency;
\(J\) the Director of the United States Geological Survey;
\(K\) the President of the Export-Import Bank of the United
States; and
\(L\) any other Federal department or agency head the
Director determines necessary;
\(7\) establish mechanisms when establishing loan terms,
contracts, and agreements as described in this title to
collect the necessary data required by this section; and
\(8\) to the extent practicable, carry out the
responsibilities of this section using existing government
data and information.
SEC. 1710. CRITICAL MINERAL AND MATERIAL MARKET RISK AND
VULNERABILITY ASSESSMENT.
\(a\) Establishment.—There is established within the Reserve
a division, to be known as the “Division of Risk and
Vulnerability Evaluation”, which shall—
\(1\) be led by a Director selected by the Board;
\(2\) develop or, to the extent practicable, use existing
sophisticated models to evaluate threats and risks in
critical mineral and material markets across United States
industrial sectors, including defense, energy, agriculture,
transportation, health, and emerging technology;
\(3\) maintain a comprehensive database of critical mineral
and material price movements, supply chain vulnerabilities,
production and processing capacities, and consumption
patterns;
\(4\) identify critical dependencies in critical mineral and
material markets that could threaten national security or
economic stability;
\(5\) assess the potential for geopolitical events, natural
disasters, technological disruptions, or market failures to
impact commodity markets;
\(6\) develop and implement methodologies for modeling the
impact of various critical mineral or material shocks on the
United States economy;
\(7\) assess vulnerabilities, including price spikes, supply
disruptions, transportation failures, export controls, and
financial market disturbances;
\(8\) model the cross-sectoral impacts of critical mineral or
material price or supply shocks, including effects on
inflation, employment, government finances, and consumer
welfare;
\(9\) assess the specific impact of critical mineral or
material disruptions on infrastructure, national security
assets, and essential services; and
\(10\) to the extent practicable, carry out the
responsibilities of this section using existing government
data and information.
\(b\) Mandatory Risk Assessment.—
\(1\) In general.—The Reserve shall conduct and submit to
the appropriate congressional committees, the President, and
the heads of Federal departments and agencies listed in
section 1709\(6\) a biennial comprehensive risk and
vulnerability assessment for critical minerals and materials,
which shall include—
\(A\) identification of specific threats to stable supply and
prices;
\(B\) an analysis of current market conditions, including
geographic and ownership concentration of suppliers,
transportation bottlenecks, and financial vulnerabilities;
\(C\) an evaluation of substitution possibilities and
technological alternatives; and
\(D\) recommendations for risk mitigation strategies.
\(2\) Form of assessment.—
\(A\) In general.—Each assessment required by paragraph
\(1\)—
\(i\) shall be submitted in unclassified form; but
\(ii\) may include a classified annex.
\(B\) Requirement.—Any assessments required by paragraph \(1\)
that include a classified annex shall include an unclassified
summary.
SEC. 1711. PRODUCTION STANDARDS.
There is established within the Reserve a division, to be
known as the “Division of Production Standards”, which
shall—
\(1\) be led by a Director selected by the Board;
\(2\) develop methodologies for evaluating relative risk in
global environmental and labor standards and practices for
the production, extraction, processing, reuse, repurposing,
and recycling of critical minerals and materials, including
transparency, traceability, and forced labor risk, which may
include incorporating existing research;
\(3\) conduct periodic risk-based assessments of
environmental and labor standards and practices for the
production, extraction, processing, reuse, repurposing, and
recycling of critical minerals and materials in foreign
countries producing critical minerals and materials, and, to
the extent practicable, significant production projects; and
\(4\) publish an annual report summarizing the methodologies
used and describing the results of the most recent
assessments conducted under paragraph \(3\) for each foreign
country and significant production project, and, to the
extent practicable, mitigation measures used in transactions
and loans made by the Reserve, without identifying
proprietary or sensitive commercial information.
SEC. 1712. FINANCING AND ACQUISITION OF CRITICAL MINERALS OR
MATERIALS.
\(a\) Authority.—
\(1\) In general.—The Reserve may deploy financing and
acquisition tools as described in subsection \(b\) to achieve
the purposes of the Reserve, subject to the condition that
the Reserve may not deploy such tools to benefit a foreign
entity of concern.
\(2\) Considerations.—In carrying out this section, the
Reserve shall consider—
\(A\) the results of the assessments described in section
1711\(3\);
\(B\) the ability of the Reserve to efficiently achieve the
purposes of the Reserve with limited resources;
\(C\) diversification across critical minerals and materials;
\(D\) non-Reserve investments and market developments
regarding a specific critical mineral or material;
\(E\) with respect to deploying financing and acquisition
tools with a specific producer or processor, the management,
financial condition, and ability of the producer or processor
to fulfill any contractual obligations, and the reasonable
likelihood of repayment, performance, or recovery, as
applicable; and
\(F\) other factors the Reserve determines valuable to
achieving the purposes of the Reserve over an extended period
of time.
\(3\) Federal government investments.—The Reserve shall, to
the maximum extent practicable in carrying out this section,
consult and coordinate with, and leverage existing
investments made by, other Federal departments and agencies,
including—
\(A\) the Export-Import Bank of the United States;
\(B\) the United States International Development Finance
Corporation;
\(C\) the Department of Energy, pursuant to title XVII of the
Energy Policy Act of 2005 \(42 U.S.C. 16511 et seq.\);
\(D\) the Office of Strategic Capital of the Department of
Defense; and
\(E\) applicable execution offices of the Department of
Defense for contract actions carried out under title III of
the Defense Production Act of 1950 \(50 U.S.C. 4531 et seq.\).
\(b\) Means of Support.—The financing and acquisition tools
referred to in subsection \(a\) include the following:
\(1\) Loans to authorized intermediaries.—
\(A\) Loan program authorized.—The Reserve may make loans to
authorized intermediaries who may use those funds to enter
into financing and purchasing agreements with producers and
processors of critical minerals or materials.
\(B\) Loan conditions.—
\(i\) In general.—In making loans under subparagraph \(A\),
the Reserve shall establish such terms and conditions as the
Reserve determines appropriate to achieve the purposes of the
Reserve.
\(ii\) Adjustment of loan terms.—The Reserve and an
authorized intermediary may adjust loan terms under a loan
issued under subparagraph \(A\) if the Reserve and that
authorized intermediary agree to the adjustment.
\(iii\) Preferential terms for certain loans.—In making
loans under subparagraph \(A\), the Reserve—
\(I\) may provide preferential loan terms—
\(aa\) which may include an interest rate based on the
Federal funds rate to an authorized intermediary that will
use the loan to enter into financing and purchasing
agreements with domestic producers or processors of critical
minerals or materials, subject to the condition that the
interest rate shall include an additional risk-based margin,
fees, premiums, collateral, mineral delivery rights, or other
compensation, as the Reserve determines appropriate, to
reflect risk, administrative costs, and fair returns to
taxpayers; and
\(bb\) to authorized intermediaries that will use the loan to
enter into financing and purchasing agreements with producers
or processors of critical minerals or materials in partner
countries, in such manner and on such terms as the Reserve
determines appropriate, subject to the requirements of item
\(aa\) and the condition that those terms shall not be more
favorable than the terms provided to a similarly situated
intermediary entering into financing and purchasing
agreements with domestic producers or processors of critical
minerals or materials; and
\(II\) shall—
\(aa\) consult with the heads of Federal departments and
agencies described in subsection \(a\)\(3\) with respect to the
loan terms described in subclause \(I\)\(aa\); and
\(bb\) ensure that, under the terms of such loans, authorized
intermediaries shall, to the maximum extent practicable, give
priority to United States suppliers of critical minerals and
materials and preference to the United States supply chain.
\(iv\) Security.—A loan made under subparagraph \(A\) may be
secured by collateral, mineral inventory, contractual rights
to receive critical minerals or materials, offtake
agreements, accounts, proceeds, liens on assets, or other
security determined by the Reserve to be appropriate.
\(C\) Proposal solicitation.—To be eligible to receive a
loan under subparagraph \(A\), an authorized intermediary shall
submit to the Reserve an application at such time, in such
manner, and containing such information as the Reserve may
require, including the proposed financing or purchasing
agreements described in that subparagraph.
\(D\) Uncured default.—
\(i\) In general.—If an authorized intermediary fails to
make a required repayment on a loan under subparagraph \(A\)
for a 90-day period, the Reserve may—
\(I\) recoup the amount of that loan by taking possession of
the critical mineral and material inventories of the
authorized intermediary and any other contractual rights of
the authorized intermediary to receive critical minerals or
materials from suppliers;
\(II\) revoke the participation with the Reserve of the
authorized intermediary;
\(III\) subject to clause \(ii\), appoint itself as conservator
or receiver of the authorized intermediary;
\(IV\) enforce, perfect, or otherwise exercise rights with
respect to any lien, collateral, contractual right, mineral
inventory, proceeds, or other security securing the loan; and
\(V\) adjust the loan terms pursuant to subparagraph \(B\)\(ii\).
\(ii\) Authorities under conservator or receivership.—If the
Reserve appoints itself a conservator or receiver of an
authorized intermediary under clause \(i\)\(II\), the Reserve
shall have the same authorities with respect to the
authorized intermediary that the Federal Deposit Insurance
Corporation has with respect to an institution for which the
Federal Deposit Insurance Corporation has appointed itself as
conservator or receiver under the Federal Deposit Insurance
Act \(12 U.S.C. 1811 et seq.\).
\(iii\) Treatment of bankruptcy.—An authorized intermediary
for which the Reserve has appointed itself a conservator or a
receiver under clause \(i\)\(II\) may not be placed into
bankruptcy under title 11, United States Code, during that
conservatorship or receivership, and any bankruptcy process
under title 11, United States Code, that is in effect when
the appointment occurs shall be terminated.
\(2\) Loans to producers and processors.—
\(A\) Loan program authorized.—The Reserve may make loans on
terms similar to terms described in paragraph \(1\) directly to
producers or processors of critical minerals or materials for
projects that support the purposes of the Reserve.
\(B\) Loan conditions.—In making loans under subparagraph
\(A\), the Reserve shall establish such terms and conditions as
the Reserve determines are appropriate, subject to subsection
\(a\)\(2\), subsection \(e\), and the purposes of the Reserve.
\(C\) Priority.—In making loans under subparagraph \(A\), the
Reserve shall—
\(i\) give priority to domestic producers and processors; and
\(ii\) give preference to projects that strengthen the United
States supply chain.
\(D\) Foreign entities of concern.—The Reserve may not make
a loan under this paragraph to a foreign entity of concern.
\(3\) Acquisitions.—The Reserve may make acquisitions
including the following:
\(A\) Acquisition through solicitation and direct contracting
with private counterparties, including through an entity
receiving funding from the Export-Import Bank of the United
States for the purpose of stockpiling critical minerals or
materials.
\(B\) Acquisition through physically cleared financial
instruments, such as futures contracts through
intermediaries, including financial exchanges.
\(C\) Acquisition through options contracts directly or
through intermediaries, including financial exchanges.
\(4\) Non-recourse lending.—The Reserve may conduct non-
recourse lending to projects secured by a portion of the
expected production of the project.
\(5\) Other transactions.—The Reserve may make other
financing and acquisition transactions, including contract
for differences, advance or milestone payments, and advanced
market commitments, as determined by the Board as necessary
to fulfill the purposes of the Reserve, except that the
Reserve may not own common stock.
\(6\) Warrants.—The Reserve may, in conjunction with other
financing and acquisition tools described in this section,
enter into contracts under which the Reserve receives
warrants or other similar contractual benefits resulting in
the Reserve participating in the gains or equity appreciation
of a business receiving support from the Reserve, which—
\(A\) may contain anti-dilution provisions or other
protections necessary to ensure participation in the success
of the business; and
\(B\) are held by the Reserve as passive investment and sold
or otherwise monetized in alignment with the purposes of the
Reserve, including ensuring a fair return to taxpayers.
\(c\) Partner Co-investment.—
\(1\) In general.—A partner country may, if approved by the
Reserve, make capital contributions of at least $100,000,000
to the Reserve for purposes of financing or acquisition under
subsection \(b\).
\(2\) Minimum amount.—The Reserve shall annually adjust the
amount in paragraph \(1\) by the percentage increase in the
Personal Consumption Expenditures Price Index of the Bureau
of Economic Analysis of the Department of Commerce, rounded
to the nearest $1,000,000.
\(3\) Treatment of capital contributions.—The Reserve—
\(A\) shall maintain separate accounts for the capital
contributions of each partner country that provides such
contributions under paragraph \(1\);
\(B\) shall not commingle the capital contributions of any
partner country with any other partner country or the funds
of the Reserve;
\(C\) may return such capital contributions to the partner
country at any time, without obligation or penalty, or under
such other terms and conditions as agreed to by the Reserve
and that partner country; and
\(D\) may not guarantee the repayment of such capital
contributions to a partner country.
\(4\) Loans made with partner co-investment funds.—Financing
and acquisitions made under subsection \(b\) with capital
contributions under paragraph \(1\) shall be made in the same
manner as financing and acquisitions made under subsection
\(b\) with funds of the Reserve.
\(5\) Restriction.—The Reserve may not approve a partner
country under paragraph \(1\) unless the partner country
certifies that the capital contributions being made are
coming from funds of the partner country and not from funds
of a foreign entity of concern or a covered country.
\(6\) Coordination with existing arrangements.—
\(A\) In general.—In approving capital contributions from a
partner country under paragraph \(1\), the Reserve shall, to
the maximum extent practicable, consult with the Department
of State, the Department of Commerce, and the Federal
agencies and entities described in subsection \(a\)\(3\)
regarding any existing co-financing arrangement, memorandum
of understanding, or similar arrangement between such agency
or entity and the partner country relating to critical
minerals or materials.
\(B\) Rule of construction.—Nothing in subparagraph \(A\)
requires the Reserve to obtain approval from any Federal
agency or entity before the Reserve approves a capital
contribution under this subsection.
\(d\) International Advisory Council of Partners.—
\(1\) In general.—The Reserve may establish an International
Advisory Council of Partners comprising—
\(A\) the Vice-chairperson, who shall be the head of the
council; and
\(B\) 1 representative from each partner country that makes a
capital contribution under subsection \(c\)\(1\).
\(2\) Consultation.—The International Advisory Council of
Partners shall, at the request of the Reserve, advise the
Reserve on financing and acquisitions made with capital
contributions under subsection \(c\)\(1\).
\(3\) Applicability of faca.—Chapter 10 of title 5, United
States Code \(commonly known as the “Federal Advisory
Committee Act”\), shall not apply to the International
Advisory Council of Partners.
\(e\) Coordination With Existing Federal Programs.—
\(1\) In general.—The Reserve shall, to the maximum extent
practicable, coordinate financing and acquisition support
under this section with existing Federal programs and
initiatives, including programs and initiatives administered,
supported, or approved by—
\(A\) the Export-Import Bank of the United States;
\(B\) the United States International Development Finance
Corporation;
\(C\) the Department of Energy;
\(D\) the Department of Defense; and
\(E\) any other Federal agency or entity, as the Board
determines appropriate.
\(2\) Terms.—If the Reserve provides support to cover a
financing gap in relation to support available under an
existing Federal program or initiative, the Reserve shall, to
the maximum extent practicable, consider whether that support
may be structured on terms and conditions that complement,
leverage, supplement, or reduce the risk of the existing
Federal support.
\(3\) Reserve authority.—Nothing in this subsection limits
the authority of the Reserve to provide support on such terms
and conditions as the Board determines appropriate to fulfill
the purposes of the Reserve.
SEC. 1713. SALE OF CRITICAL MINERALS OR MATERIALS.
\(a\) Sale.—The Reserve may sell critical minerals or
materials stored in the Reserve in accordance with the
purposes of the Reserve and this section.
\(b\) Sale of Critical Minerals or Materials.—The Reserve
may sell a critical mineral or material stored in the Reserve
if the Board determines that—
\(1\) a supply shortage or potential supply shortage of that
critical mineral or material threatens—
\(A\) the national or economic security of the United States;
or
\(B\) price stability in the value chain of that critical
mineral or material;
\(2\)\(A\) the sale is being made pursuant to an agreement
between the Reserve and the Export-Import Bank of the United
States; and
\(B\) the critical minerals are being sold to an entity
that—
\(i\) is receiving funding from the Export-Import Bank of the
United States; and
\(ii\) was created for the purpose of stockpiling critical
minerals or materials; or
\(3\) the sale is otherwise necessary to support the purposes
of the Reserve.
\(c\) Sale of Non-critical Minerals or Materials.—
\(1\) In general.—The Reserve may sell a mineral or material
stored in the Reserve that, as of the date of sale, is no
longer included on the list of critical minerals and
materials established by the Reserve under section 1708\(a\) if
the Board determines that—
\(A\) the mineral or material is unlikely to be imminently
re-added to the list of critical minerals and materials
established by the Reserve under section 1708\(a\);
\(B\) the mineral or material is available in sufficient
supply or is no longer necessary in large quantities for
economic or national security purposes;
\(C\) a supply shortage or potential supply shortage of that
mineral or material threatens—
\(i\) the national or economic security of the United States;
or
\(ii\) price stability in the value chain of that mineral or
material;
\(D\)\(i\) the sale is being made pursuant to an agreement
between the Reserve and the Export-Import Bank of the United
States; and
\(ii\) the mineral or material is being sold to an entity
that—
\(I\) is receiving funding from the Export-Import Bank of the
United States; and
\(II\) was created for the purpose of stockpiling critical
minerals or materials; or
\(E\) the sale is otherwise necessary to support the purposes
of the Reserve.
\(2\) Use for research purposes.—If the Board determines
that a mineral or material stored in the Reserve that is no
longer included on the list of critical minerals and
materials established by the Reserve under section 1708\(a\)
does not have a substantial market value, the Board may enter
into a contract for the transfer and use for research
purposes of that mineral or material with—
\(A\) Federal departments and agencies;
\(B\) State governments;
\(C\) National Laboratories \(as defined in section 2 of the
Energy Policy Act of 2005 \(42 U.S.C. 15801\)\); and
\(D\) institutions of higher education \(as defined in section
101\(a\) of the Higher Education Act of 1965 \(20 U.S.C.
1001\(a\)\)\).
\(d\) Means of Sale.—The Reserve may carry out a sale
described in subsections \(b\) and \(c\) through—
\(1\) solicitation and direct contracting with private
parties;
\(2\) physically-cleared financial instruments, such as
futures contracts through authorized intermediaries;
\(3\) options contracts directly or through authorized
intermediaries; and
\(4\) other transactions, including public auctions, as
determined necessary by the Board to support the purposes of
the Reserve.
\(e\) Foreign Entities of Concern.—The Reserve may not carry
out a sale described in subsections \(b\) and \(c\) to a foreign
entity of concern.
SEC. 1714. CORPORATE POWERS.
\(a\) In General.—The Reserve—
\(1\) may adopt, alter, and use a seal, which may include an
identifiable symbol of the United States;
\(2\) notwithstanding division C of subtitle I of title 41,
United States Code, may make and perform with any person
contracts, including no-cost contracts \(as defined by the
Reserve\), grants, and other agreements, that are necessary
for carrying out the functions of the Reserve;
\(3\) may lease, purchase, or otherwise acquire, improve, and
use real property that is necessary to carry out the
functions of the Reserve;
\(4\) may use the United States mails in the same manner and
on the same conditions as the Executive departments \(as
defined in section 101 of title 5, United States Code\);
\(5\) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Director of the Office
of Personnel Management;
\(6\) may hire or obtain passenger motor vehicles;
\(7\) may acquire, hold, or dispose of, on such terms and
conditions as the Reserve may determine, any property \(real,
personal, or mixed\), tangible or intangible, or any interest
in such property;
\(8\) may lease office space for the use of the Reserve;
\(9\) may indemnify directors, officers, employees, and
agents of the Reserve for liabilities and expenses incurred
in connection with their activities on behalf of the Reserve;
\(10\) notwithstanding any other provision of law, may
represent itself or contract for representation in any legal
or arbitral proceeding;
\(11\) may exercise any priority of the Federal Government in
collecting debts from bankrupt, insolvent, or decedents'
estates;
\(12\) may collect, notwithstanding section 3711\(g\)\(1\) of
title 31, United States Code, or compromise any obligations
assigned to or held by the Reserve, including any legal or
equitable rights accruing to the Reserve;
\(13\) may sell direct investments of the Reserve to private
investors on such terms and conditions as the Reserve may
determine; and
\(14\) shall have such other powers as may be necessary and
incident to carrying out the functions of the Reserve.
\(b\) Treatment of Property.—Notwithstanding any other
provision of law relating to the acquisition, handling, or
disposal of property by the United States, the Reserve shall
have the right in its discretion to complete, recondition,
reconstruct, renovate, repair, maintain, operate, or sell any
property acquired by the Reserve pursuant to this title.
SEC. 1715. RECORDS AND ACCOUNTS.
\(a\) Preparation and Maintenance.—The Board may require any
person to prepare and maintain such records or accounts as
the Board, by rule, determines necessary to carry out this
title.
\(b\) Audit of Operations of Storage Facilities.—The Board
may audit the operations of any storage facility in which any
critical mineral or material acquired is stored or required
to be stored pursuant to this title.
\(c\) Access to and Inspection of Records or Accounts and
Storage Facilities.—The Board may require access to, and has
the right to inspect and examine, at reasonable times—
\(1\) any records or accounts required to be prepared or
maintained pursuant to subsection \(a\); and
\(2\) any storage facilities subject to audit by the United
States pursuant to this title.
SEC. 1716. RISK AND AUDIT COMMITTEES.
\(a\) Establishment.—Not later than 1 year after the date of
enactment of this Act, the Reserve shall establish—
\(1\) a risk committee; and
\(2\) an audit committee.
\(b\) Duties and Responsibilities.—
\(1\) Risk committee.—Subject to the direction of the Board,
the risk committee established under subsection \(a\)\(1\) shall
be responsible for—
\(A\) formulating risk management policies of the operations
of the Reserve;
\(B\) reviewing and providing guidance on the operation of
the global risk management framework of the Reserve;
\(C\) developing policies for enterprise risk management,
risk monitoring, and the management of strategic,
reputational, regulatory, operational, developmental,
responsible production, and financial risks;
\(D\) developing the risk profile of the Reserve, including a
risk management and compliance framework and governance
structure to support such a framework;
\(E\) monitoring Reserve participants to ensure existing
participants do not become foreign entities of concern; and
\(F\) developing and using a mechanism to remove participants
if more than 25 percent of that participant is owned,
controlled, directed, financed, or otherwise influenced,
directly or indirectly, in whole or in part by the government
of a foreign entity of concern.
\(2\) Audit committee.—Subject to the direction of the
Board, the audit committee established under subsection
\(a\)\(2\) shall be responsible for—
\(A\) the integrity of—
\(i\) the financial reporting of the Reserve;
\(ii\) systems of internal controls relating to finance and
accounting of the Reserve; and
\(iii\) the financial statements of the Reserve;
\(B\) the performance of the internal audit function of the
Reserve; and
\(C\) the compliance of the Reserve with legal and regulatory
requirements relating to the finances of the Reserve.
SEC. 1717. ANNUAL AUDIT AND COMPTROLLER REVIEW.
\(a\) Annual Independent Audit.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, an
independent qualified public accountant selected by the
Inspector General shall audit the financial statements of the
Reserve, the results of which shall be made publicly
available.
\(2\) Requirements.—An independent qualified public
accountant selected under paragraph \(1\) shall be—
\(A\) certified and licensed by a State board of accountancy;
\(B\) independent of the Reserve and each authorized
intermediary within the meaning of section 210.2-01 of title
17, Code of Federal Regulations \(or a successor regulation\);
and
\(C\) registered with the Public Company Accounting and
Oversight Board.
\(b\) Review.—The Comptroller General of the United States
shall conduct a biennial review of the Reserve, to include—
\(1\) reviewing the most recent annual report submitted
pursuant to section 1718\(a\);
\(2\) the operations and functions of the Reserve as managed
by the Board; and
\(3\) the performance of the Board in fulfilling the purposes
of the Reserve.
SEC. 1718. REPORTING AND TRANSPARENCY.
\(a\) Annual Report.—
\(1\) In general.—The Board shall submit to the President,
the Comptroller General of the United States, the Director of
the Office of Management and Budget, and the appropriate
congressional committees, an annual report describing the
operations of the Reserve during the preceding calendar year.
\(2\) Contents.—
\(A\) In general.—Each report required under paragraph \(1\)
shall include—
\(i\) information regarding the administration of the
functions of the Board, including recommendations the Board
determines appropriate;
\(ii\) the assessment of the Board of the extent to which
compliance with the requirements of this title and the
purposes of the Reserve have been achieved;
\(iii\) a summary of transactions and loans made by the
Reserve during the preceding calendar year, to include how
well those transactions and loans have helped achieve the
purposes of the Reserve; and
\(iv\) information regarding vulnerabilities, risks, and
audits.
\(B\) Foward-looking assessment.—Every third annual report
submitted pursuant to paragraph \(1\) shall include—
\(i\) an assessment of the projected financial needs of the
Reserve;
\(ii\) any additional appropriations requested in order to
achieve the purposes of the Reserve; and
\(iii\) any legislative and policy recommendations to
facilitate achieving the purposes of the Reserve.
\(b\) Testimony.—The Chairperson shall appear before the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives not later than 30 calendar days after the
date that a report required under subsection \(a\) is
submitted.
\(c\) Database.—
\(1\) In general.—The Reserve shall maintain a database with
detailed information on all transactions undertaken pursuant
to section 1712.
\(2\) Requirements.—The database maintained under paragraph
\(1\) shall—
\(A\) be user-friendly;
\(B\) subject to paragraph \(3\), be publicly available; and
\(C\) to the extent practicable, include a description of the
support provided for each project, including the information
contained in the report required under subsection \(a\).
\(3\) Limit on public availability.—
\(A\) In general.—An identified subset of the database
maintained under paragraph \(1\) shall not be made publicly
available if the Board determines doing so would be harmful
to the national security of the United States.
\(B\) Accessibility.—If the Board makes a determination
under subparagraph \(A\) that public availability of the
identified subset of the database maintained under paragraph
\(1\) would be harmful to the national security of the United
States, the Reserve shall—
\(i\) make the identified subset of the database accessible
to the appropriate congressional committees; and
\(ii\) not later than 3 years after a transaction undertaken
pursuant to section 1712 occurs, make the information about
that transaction publicly available.
SEC. 1719. INSPECTOR GENERAL OF THE RESERVE.
\(a\) Inspector General.—
\(1\) In general.—Section 401\(1\) of title 5, United States
Code, is amended by inserting “the Strategic Resilience
Reserve Corporation of the United States,” after “Export-
Import Bank of the United States,”.
\(2\) Special provisions.—Section 415\(g\)\(3\) of title 5,
United States Code, is amended by inserting “the Inspector
General of the Strategic Resilience Reserve Corporation of
the United States and” after “shall apply to”.
\(b\) Activities.—
\(1\) In general.—The principal responsibilities of the
Inspector General shall be to conduct investigations and
reviews of the Reserve and its activities with respect to
fraud, conflicts of interest, and violations of applicable
law.
\(2\) Noncompliance.—The Inspector General shall not treat
noncompliance with non binding guidance, best practices,
recommendations, or advisory standards issued by any other
Federal entity as a basis for a finding of waste,
inefficiency, ineffectiveness, or a lack of economy, unless
the noncompliance independently constitutes a violation of
applicable law or the policies and procedures established by
the Board and the committees of the Board pursuant to this
title.
\(3\) Presumption.—Investment, transaction, and other
commercial decisions made in accordance with the policies and
risk management framework of the Reserve and as an exercise
of good faith and reasonably informed business judgment shall
be presumed by the Inspector General to be consistent with
the purposes of the Reserve.
SA 6171. Ms. LUMMIS \(for herself and Mr. Kelly\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DEFENSE-RELATED URANIUM MINE SITES.
\(a\) Definitions.—In this section:
\(1\) DRUM site.—
\(A\) In general.—The term “DRUM site” means an abandoned,
inactive defense-related uranium mine site that—
\(i\) supplied uranium ore to the Atomic Energy Commission
for defense-related activities between 1947 and 1970; and
\(ii\) has legacy uranium mine waste, including waste rock,
tailings, overburden, stockpiled material, and other residual
materials, that were generated by uranium mining and
processing activities and located on abandoned or active
patented or unpatented mining claims on Federal land open or
closed to mineral entry.
\(B\) Inclusions.—The term “DRUM site” includes, with
respect to a mine site described in subparagraph \(A\), adits,
portals, vents, waste-rock piles, structures, highwalls, and
surface pits.
\(2\) Federal land.—The term “Federal land” means land—
\(A\) the title to which is held by the United States; and
\(B\) under the jurisdiction of—
\(i\) the Secretary of the Interior; or
\(ii\) the Chief of the Forest Service.
\(3\) NRC service provider.—The term “NRC service
provider” means an entity that holds a valid license from
the Nuclear Regulatory Commission issued under part 40 of
title 10, Code of Federal Regulations \(or a successor
regulation\), authorizing the possession and treatment of
radioactive materials solely for the purposes of remediation,
stabilization, and cleanup of DRUM sites.
\(4\) Remediation.—
\(A\) In general.—The term “remediation” means an action—
\(i\) undertaken to eliminate, stabilize, or substantially
reduce the release, mobility, toxicity, or volume of
hazardous or radioactive substances from DRUM sites,
including the recovery of uranium, in order to protect human
health and the environment; and
\(ii\) that utilizes a technology that the Nuclear Regulatory
Commission has approved for use through a multi-site license
after having issued a finding of no significant impact with
respect to the technology.
\(B\) Exclusion.—The term “remediation” does not include
the extraction of new ore or the development of new mining or
milling operations.
\(5\) Secretary of the interior.—The term “Secretary of the
Interior” means the Secretary of the Interior, acting
through the Director of the Bureau of Land Management.
\(b\) Remediation and Recovery of Legacy Uranium Waste on
Federal Land.—
\(1\) In general.—Not later than 9 months after the date of
enactment of this Act, the Chief of the Forest Service and
the Secretary of the Interior, each in conjunction with the
Secretary of Energy, shall revise section 228.4\(a\)\(1\) of
title 36 and section 3809.5\(1\) of title 43, Code of Federal
Regulations, respectively, to authorize NRC service providers
to access DRUM sites on Federal land for the purpose of
remediation and recovery of uranium.
\(2\) Regulatory frameworks.—In carrying out the revisions
required under paragraph \(1\), the Chief of the Forest Service
and the Secretary of the Interior shall use existing
regulatory frameworks applicable to activities resulting in
no or negligible disturbance and not requiring a notice of
intent to operate or plan of operations pursuant to part 228
of title 36 and part 3809 of title 43, Code of Federal
Regulations \(or successor regulations\), respectively.
\(3\) No or negligible surface disturbance.—Activity carried
out by a NRC service provider within a DRUM site pursuant to
a revision required under paragraph \(1\) shall be deemed to
result in no or negligible surface disturbance, subject to
the condition that the activity does not involve the
expansion of existing mine pits or the creation of new mine
workings.
\(4\) Applicability of other law.—Notwithstanding any
requirement under the National Environmental Policy Act of
1969 \(42 U.S.C. 4321 et seq.\), if activity carried out within
a DRUM site pursuant to a revision required under paragraph
\(1\) is carried out by an NRC service provider, no site-
specific environmental assessment \(as defined in section 111
of that Act \(42 U.S.C. 4336e\)\) with respect to that activity
shall be required.
SA 6172. Mr. ROUNDS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the
following:
SEC. \_\_. PREFERENCE FOR DOMESTICALLY MANUFACTURED DISPLAYS IN
CRITICAL APPLICATIONS.
\(a\) In General.—Beginning October 1, 2027, the Secretary
of Defense shall give preference in procurement to displays
manufactured in the United States with supply chains
substantially independent of the People's Republic of China
and Taiwan when procuring displays for—
\(1\) classified programs;
\(2\) forward-deployed combat systems; and
\(3\) command and control systems designated as critical
infrastructure.
\(b\) Waiver.—The Secretary may waive the requirement under
subsection \(a\) if the Secretary certifies that no domestic or
allied source is available and the procurement is essential
to national security.
SA 6173. Mr. ROUNDS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . DOMESTIC MICROLED DISPLAY MANUFACTURING PILOT
PROGRAM.
\(a\) Establishment.—Not later than March 1, 2027, the Under
Secretary of Defense for Acquisition and Sustainment shall
establish a competitive pilot program to assess the
feasibility and advisability of supporting the development of
domestic manufacturing capability for direct-view displays
utilizing microscale \(less than 100 microns\) light emitting
diodes \(microLED Displays\), liquid crystal displays \(LCD\),
and organic light-emitting diodes \(OLED\) for Department of
Defense applications.
\(b\) Goals.—The goals of the pilot program established
under subsection \(a\) are the following:
\(1\) To reduce dependence on liquid crystal displays made in
the People's Republic of China and Taiwan.
\(2\) To support advanced semiconductor assembly techniques
for panel-level manufacturing.
\(3\) To demonstrate direct-view microLED Display performance
for defense applications.
\(c\) Support.—The Under Secretary shall carry out the pilot
program required by subsection \(a\) through the provision of
support to participants in the pilot program.
\(d\) Applications.—A person seeking to participate in the
pilot program required by subsection \(a\) shall submit to the
Under Secretary an application therefor at such time, in such
manner, and containing such information as the Under
Secretary may require.
\(e\) Selection Priority.—In selecting participants for the
pilot program, the Under Secretary shall give priority to
applicants under subsection \(d\) who—
\(1\) demonstrate existing advanced direct-view microLED
Display manufacturing capability and intellectual property;
\(2\) commit to establishing manufacturing facilities within
the United States;
\(3\) utilize supply chains independent of the People's
Republic of China and Taiwan;
\(4\) have demonstrated commercial partnerships with
Department organizations; and
\(5\) provide substantial private sector co-investment.
\(f\) Report.—Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to
the congressional defense committees a report on the pilot
program established under subsection \(a\).
SA 6174. Mr. CRAMER \(for himself and Mr. Kim\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—EXPORT CONTROLS
SEC. 1701. SHORT TITLE.
This title may be cited as the “Bureau of Industry and
Security License Administration Enhancement Act”.
SEC. 1702. ENHANCEMENT OF ADMINISTRATION OF EXPORT CONTROL
LICENSES.
Part I of the Export Control Reform Act of 2018 \(50 U.S.C.
4811 et seq.\) is amended by adding at the end the following:
“SEC. 1769. ENHANCEMENT OF ADMINISTRATION OF EXPORT CONTROL
LICENSES.
“\(a\) Enhancement of Administration of Certain
Communications.—
“\(1\) In general.—The Secretary shall administer any
export control license or other authorization considered
pursuant to an is-informed letter or similar targeted
regulatory guidance or supplemental license requirement
communication sent to a United States person or foreign
person by the same interagency process as any license or
other authorization administered pursuant to the Export
Administration Regulations.
“\(2\) Publication.—Not later than 60 days after issuing a
license or other authorization described in paragraph \(1\),
the is-informed letter or similar targeted regulatory
guidance or supplemental license requirement communication
with respect to the license or authorization shall terminate
unless the Secretary, in consultation with the Secretary of
State, the Secretary of Defense, and the Secretary of Energy,
publishes in the Code of Federal Regulations a regulation
that provides for the parameters of the letter or guidance or
publishes in the Federal Register the communication.
“\(b\) Standards and Factors for Presumption of Denial
Standard.—
“\(1\) In general.—Not later than 90 days after the date of
the enactment of this section, the Secretary shall publish in
the Federal Register the standards and factors that licensing
officers should consider when considering a license under a
presumption of denial standard.
“\(2\) Submission to congress.—Not later than 7 days prior
to the date the Secretary publishes or otherwise makes
available to the public such standards and factors, the
Secretary shall submit such standards and factors to—
“\(A\) the Committee on Foreign Affairs of the House of
Representatives; and
“\(B\) the Committee on Banking, Housing, and Urban Affairs
of the Senate.”.
SEC. 1703. EXPORT CONTROL TECHNICAL ADVISORY COMMITTEES.
Section 1754 of the Export Control Reform Act of 2018 \(50
U.S.C. 4813\) is amended by adding at the end the following
new subsection:
“\(g\) Technical Advisory Committees.—
“\(1\) Duties.—The technical advisory committees shall
advise the Secretary on—
“\(A\) the security and stability of global technology
supply chains;
“\(B\) national security challenges for the United States
related to particular technologies;
“\(C\) technical parameters for export controls;
“\(D\) the extent to which existing and proposed export
controls achieve the policy of the United States described in
section 1752;
“\(E\) the identification of emerging and foundational
technologies pursuant to section 1758;
“\(F\) improvements to export licensing procedures,
compliance mechanisms, and export enforcement strategies; and
“\(G\) any other matter requested by the Secretary.
“\(2\) Required committees.—The Secretary shall appoint a
technical advisory committee for each of the following
topics:
“\(A\) Computing technologies and information systems,
including semiconductors, microelectronics, artificial
intelligence, and quantum computing.
“\(B\) Biotechnologies.
“\(C\) Automation, including robotics, advanced
manufacturing, and autonomous systems.
“\(D\) Aerospace and space technologies.
“\(E\) Advanced materials.
“\(F\) Weapons of mass destruction.
“\(G\) Emerging and foundational technologies.
“\(H\) Regulations and procedures.
“\(3\) Subcommittees.—The Secretary may appoint
subcommittees for any technical advisory committee.
“\(4\) Committee review.—Beginning on the date that is 2
years after the date of the enactment of this subsection, the
Secretary may, in coordination with the Secretary of State,
the Secretary of Defense, and the Secretary of Energy, revise
the number of technical advisory committees or adjust the
topics of existing committees as necessary.
“\(5\) Choosing committees.—The Secretary, in coordination
with the Secretary of State, the Secretary of Defense, and
the Secretary of Energy, shall adjust the topics of the
technical advisory committees to reflect relevant executive
branch strategies and critical technology lists, such as the
National Security Strategy and the National Defense Strategy.
“\(6\) Membership.—
“\(A\) In general.—Each technical advisory committee shall
consist of technical specialists from a relevant industry,
national security experts, and academic experts in a relevant
field.
“\(B\) Term.—The term of a member on a technical advisory
committee shall be 3 years.
“\(C\) Non-disclosure agreement.—No individual may serve as
a member of a technical advisory committee unless such
individual has entered into a binding non-disclosure
agreement with the Secretary that prohibits the individual
from making an unauthorized disclosure of proprietary
information, policy deliberations, and national security
information communicated through or related to a technical
advisory committee.
“\(D\) Staffing.—The Secretary shall process applications
to join any technical advisory committee in a timely manner.
“\(7\) Meetings.—Each technical advisory committee shall
meet not less frequently than once every 120 days.
“\(8\) Webpage.—The Bureau of Industry and Security shall
maintain on the website of the Bureau a webpage describing
each technical advisory committee, including the membership
of each such committee.
“\(9\) Technology and policy assessment.—Each technical
advisory committee shall, not less frequently than annually,
submit to the Secretary, the Secretary of State, the
Secretary of Defense, the Secretary of Energy, and the
appropriate congressional committees—
“\(A\) an assessment of developments within the purview of
the technical advisory committee; and
“\(B\) recommendations related to the purview of the
technical advisory committee for advancing the national
security and foreign policy interests of the United States.
“\(10\) Definitions.—In this subsection:
“\(A\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
“\(B\) Technical advisory committee.—The term \`technical
advisory committee' means a technical advisory committee
appointed pursuant to subsection \(a\)\(13\).”.
SEC. 1704. REVIEW AND REPORT REGARDING CONTROLLED INTEGRATED
CIRCUITS.
\(a\) Review.—The Secretary, in consultation with the
Secretary of State, Secretary of Defense, and Secretary of
Energy, shall review the implementation of the interim final
rule of the Bureau of Industry and Security of the Department
of Commerce entitled “Implementation of Additional Due
Diligence Measures for Advanced Computing Integrated
Circuits; Amendments and Clarifications; and Extension of
Comment Period”, published in the Federal Register on
January 16, 2025 \(90 Fed. Reg. 5298; Docket No. 250108-0013\),
or any substantially similar successor rule, and consider any
appropriate update or change to such rule to ensure that such
rule is implemented effectively and fulfills the initial
policy intent of such rule.
\(b\) Report.—Not later than 120 days after the date of the
enactment of this Act, Secretary, in consultation with the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, shall submit to the appropriate
congressional committees a report on—
\(1\) the findings of the review required under subsection
\(a\); and
\(2\) any change to the rule described in such subsection
that has been made.
\(c\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Affairs of the House of
Representatives; and
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
\(2\) Secretary.—The term “Secretary” means the Secretary
of Commerce, acting through the Under Secretary for Industry
and Security.
SA 6175. Mrs. CAPITO \(for herself, Mrs. Shaheen, Mr. Justice, Ms. Rosen, Mr. Booker, and Mrs. Britt\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. PILOT PROGRAM ON INCLUSION OF CERTAIN NON-OPIOID
PAIN MEDICATIONS IN THE NATIONAL FORMULARY OF
THE DEPARTMENT OF VETERANS AFFAIRS.
\(a\) In General.—Commencing not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out a pilot program \(in this
section referred to as the “pilot program”\) under which the
Secretary shall include one or more non-opioid pain
management drugs or biological products in the national
formulary of the Department of Veterans Affairs not later
than the earlier of—
\(1\) one year after the date on which the non-opioid pain
management drug or biological product becomes eligible for
temporary additional payment under section 1833\(t\)\(16\)\(G\) of
the Social Security Act \(42 U.S.C. 1395l\(t\)\(16\)\(G\)\) or
eligible for separate payment under section 416.174 of title
42, Code of Federal Regulations \(or successor regulations\);
or
\(2\) 18 months after the date on which the non-opioid pain
management drug or biological product is approved by the Food
and Drug Administration.
\(b\) Duration.—The Secretary shall carry out the pilot
program for a three-year period beginning on the commencement
of the pilot program.
\(c\) Annual Review.—
\(1\) In general.—The Secretary shall—
\(A\) annually review the non-opioid pain management drugs or
biological products included in the national formulary of the
Department of Veterans Affairs under the pilot program; and
\(B\) remove such a drug or product from the national
formulary if—
\(i\) the risk of side effects is found to be significant; or
\(ii\) there are any changes to the status of the approval of
the drug or product by the Food and Drug Administration.
\(2\) Reports to congress.—Not later than 30 days after
reaching any decision to remove a non-opioid pain management
drug or biological product from the national formulary under
paragraph \(1\)\(B\), the Secretary shall submit to Congress a
report that—
\(A\) identifies the drug or product; and
\(B\) explains the rationale for the decision.
\(d\) Report.—Not later than 60 days after the completion of
the pilot program, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report that includes the following:
\(1\) An analysis of the rates during the pilot program of
opioid utilization when non-opioid pain management drugs or
biological products were utilized versus non-utilized during
and after surgery, including prescription refills, as
compared to such rates during
the three years preceding the date of the enactment of this
Act.
\(2\) An analysis of the rates during the pilot program of
the utilization of non-opioid pain management drugs or
biological products during surgery, as compared to such rates
during the three years preceding the date of the enactment of
this Act.
\(3\) A comparison of the total cost of healthcare resource
utilization in the form of emergency department utilization,
re-admission, and discharge to an inpatient rehabilitation or
skilled nursing facility when utilizing non-opioid pain
management drugs or biological products versus non-
utilization.
\(4\) A recommendation on whether to continue or end the
pilot program.
\(5\) Any concerns or issues that have arisen from the
requirement to include one or more non-opioid pain management
drugs or biological products in the national formulary of the
Department of Veterans Affairs.
\(e\) Non-opioid Pain Management Drug or Biological Product
Defined.—In this section, the term “non-opioid pain
management drug or biological product” means a drug or
biological product approved, granted, or cleared by the Food
and Drug Administration to reduce postoperative pain, to
produce postsurgical or regional analgesia, or to treat acute
pain, without acting upon the body's opioid receptors.
SA 6176. Mrs. CAPITO \(for herself, Mr. Husted, and Mr. Moran\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . REPEAL OF MODIFICATION TO DEFINITION OF ADJUSTED
TAXABLE INCOME FOR PURPOSES OF THE LIMITATION
ON BUSINESS INTEREST.
\(a\) In General.—Section 163\(j\)\(8\)\(A\) of the Internal
Revenue Code of 1986, as amended by Public Law 119-21, is
amended by inserting “and” at the end of clause \(iv\) and by
striking clause \(vi\).
\(b\) Effective Date.—The amendments made by this section
shall apply to taxable years beginning after December 31,
2025.
SA 6177. Mrs. CAPITO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. SECOND CHANCE REAUTHORIZATION ACT.
\(a\) Short Title.—This section may be cited as the “Second
Chance Reauthorization Act”.
\(b\) Improvements to Existing Programs.—
\(1\) State and local reentry demonstration projects.—
Section 2976 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 \(34 U.S.C. 10631\) is amended—
\(A\) in subsection \(b\)—
\(i\) in paragraph \(7\), by striking “and” at the end;
\(ii\) in paragraph \(8\), by striking the period at the end
and inserting a semicolon; and
\(iii\) by adding at the end the following:
“\(9\) treating substance use disorders, including by
providing peer recovery services, case management, and access
to overdose education and overdose reversal medications; and
“\(10\) providing reentry housing services.”; and
\(B\) in subsection \(o\)\(1\), by striking “2019 through 2023”
and inserting “2027 through 2031”.
\(2\) Grants for family-based substance abuse treatment.—
Section 2926\(a\) of the Omnibus Crime Control and Safe Streets
Act of 1968 \(34 U.S.C. 10595a\(a\)\) is amended by striking
“2019 through 2023” and inserting “2027 through 2031”.
\(3\) Grant program to evaluate and improve educational
methods at prisons, jails, and juvenile facilities.—Section
1001\(a\)\(28\) of the Omnibus Crime Control and Safe Streets Act
of 1968 \(34 U.S.C. 10261\(a\)\(28\)\) is amended by striking
“2019, 2020, 2021, 2022, and 2023” and inserting “2027
through 2031”.
\(4\) Careers training demonstration grants.—Section 115\(f\)
of the Second Chance Act of 2007 \(34 U.S.C. 60511\(f\)\) is
amended by striking “2019, 2020, 2021, 2022, and 2023” and
inserting “2027 through 2031”.
\(5\) Offender reentry substance abuse and criminal justice
collaboration program.—Section 201\(f\)\(1\) of the Second
Chance Act of 2007 \(34 U.S.C. 60521\(f\)\(1\)\) is amended by
striking “2019 through 2023” and inserting “2027 through
2031”.
\(6\) Community-based mentoring and transitional service
grants to nonprofit organizations.—Section 211\(f\) of the
Second Chance Act of 2007 \(34 U.S.C. 60531\(f\)\) is amended by
striking “2019 through 2023” and inserting “2027 through
2031”.
SA 6178. Mrs. CAPITO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. NATIONAL STRATEGY FOR SCHOOL SECURITY ACT.
\(a\) Short Title.—This section may be cited as the
“National Strategy for School Security Act”.
\(b\) National Strategy to Secure Schools From Threats of
Terrorism.—
\(1\) In general.—Subtitle A of title XXII of the Homeland
Security Act of 2002 \(6 U.S.C. 651 et seq.\) is amended by
adding at the end the following:
“SEC. 2220F. NATIONAL STRATEGY TO SECURE SCHOOLS FROM
THREATS OF TERRORISM.
“\(a\) In General.—To assist in the domestic preparedness
for and response to acts of terrorism and to coordinate
Federal efforts to secure elementary schools and secondary
schools \(as such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 \(20 U.S.C.
7801\)\), not later than 1 year after the date of enactment of
the National Strategy for School Security Act, the Secretary,
in consultation and cooperation with the Secretary of
Education and the heads of other appropriate Federal agencies
and departments, shall submit to the Committee on Homeland
Security and Governmental Affairs and the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Homeland Security and the Committee on Education
and Workforce of the House of Representatives a national
school security strategy \(in this section referred to as the
\`strategy'\).
“\(b\) Updates.—
“\(1\) In general.—The Secretary, in consultation and
cooperation with the Secretary of Education and the heads of
other appropriate Federal agencies and departments, shall, if
appropriate, annually through 2034, update the strategy and
brief the committees specified in subsection \(a\) concerning
any such update.
“\(2\) Certification.—If the Secretary determines no such
updates to be appropriate, the Secretary shall submit to such
committees a certification attesting thereto.
“\(c\) Contents.—The strategy, including any updates
thereto, shall—
“\(1\) account for and describe all Federal programs,
projects, activities, and authorities to secure elementary
and secondary schools from acts of terrorism, including the
associated spending levels of such Federal programs,
projects, activities, and authorities;
“\(2\) identify specific school security vulnerabilities
related to acts of terrorism within the United States, and
delineate goals for closing such security vulnerabilities;
“\(3\) describe actions to be taken to achieve such goals
and the means necessary to do so, including steps to reform,
improve, and streamline existing efforts to align the current
threat environment to elementary and secondary schools; and
“\(4\) build upon existing or ongoing evaluations and avoid
unnecessary duplication by reviewing the findings,
conclusions, and recommendations of other appropriate working
groups, committees, commissions, or entities established by
the Department related to efforts to secure elementary and
secondary schools against terrorism within the United States
and ensure domestic preparedness for and the response to
terrorism.”.
\(2\) Clerical amendment.—The table of contents in section
1\(b\) of the Homeland Security Act of 2002 \(Public Law 107-
296; 116 Stat. 2135\) is amended by inserting after the item
relating to section 2220E the following:
“Sec. 2220F. National strategy to secure schools from threats of
terrorism.”.
SA 6179. Mr. FETTERMAN \(for himself and Mr. McCormick\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
\(a\) In General.—Subsection \(a\) of the Passport Act of June
4, 1920 \(22 U.S.C. 214\(a\)\), is amended by adding at the end
the following:
“\(4\) The Secretary of State may authorize a public library
that is organized as a nongovernmental organization, a
nonprofit,
charitable organization, or a trust to serve as a passport
acceptance facility and to collect and retain the execution
fee for a passport accepted by such public library if such
library is in compliance with regulations prescribed by the
Secretary of State for the acceptance and execution of
passport applications.”.
\(b\) Authorization of Public Libraries Which Previously
Served as Passport Acceptance Facilities.—
\(1\) In general.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of State shall
authorize any public library to serve as a passport
acceptance facility and to collect and retain an execution
fee for a passport accepted by such library, if, before the
date of the enactment of this Act, such public library—
\(A\) served as a passport acceptance facility; and
\(B\) was in compliance with the regulations prescribed by
the Secretary of State for the acceptance and execution of
passport applications.
\(2\) Report.—Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the relevant congressional committees a report that
includes—
\(A\) documentation of the Secretary's compliance with the
requirements described in paragraph \(1\); or
\(B\) if the Secretary is not in compliance with such
requirements, an explanation for such noncompliance.
\(c\) Conforming Amendment.—Subsection \(a\)\(1\) of the
Passport Act of June 4, 1920 \(22 U.S.C. 214\(a\)\(1\)\), is
amended—
\(1\) by striking “State officials or the United States
Postal Service” and inserting “a State, a local government,
the United States Postal Service, or a public library that
meets the requirements described in paragraph \(4\)”; and
\(2\) by striking “by such officials or by that Service.”
and inserting “by such State, local government, Postal
Service, or public library.”.
SA 6180. Mr. PADILLA \(for himself and Mr. Cramer\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
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 6181. Mr. WARNOCK \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part I of subtitle F of title V, insert the
following:
SEC. 553. EXPANSION OF ELIGIBILITY FOR ENROLLMENT IN
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS.
Section 2164\(n\) of title 10, United States Code, is
amended—
\(1\) in the subsection heading, by striking “Reserve
Components” and inserting “Armed Forces”;
\(2\) in paragraph \(1\)—
\(A\) by striking “at the military installation that is the
permanent station of such member”;
\(B\) by striking “automatically”;
\(C\) by inserting “, on a tuition-free basis,” after
“granted enrollment”; and
\(D\) by striking “shall” each place it appears and
inserting “may”; and
\(3\) by striking paragraph \(2\) and inserting the following:
“\(2\) A member described in this paragraph is a member of
the armed forces—
“\(A\) serving on active duty or full-time National Guard
duty;
“\(B\) not residing on an installation supported by a school
established under this section; and
“\(C\) who has relocated to the member's permanent station
pursuant to an order for a permanent change of station
accompanied by dependents.
“\(3\) This subsection—
“\(A\) applies only with respect to schools located within
the several States; and
“\(B\) does not apply with respect to schools—
“\(i\) on installations selected under subsection \(c\) of
section 2164b of this title for participation in the program
under subsection \(a\) of that section; or
“\(ii\) located in the territories or possessions of the
United States.”.
SA 6182. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. RECORDS RELATING TO THE SURVEILLANCE OF DR. MARTIN
LUTHER KING, JR.
\(a\) Findings.—Congress finds that—
\(1\) Dr. Martin Luther King, Jr. was the subject of an
egregious and invasive campaign of government surveillance,
undertaken without judicial review;
\(2\) surveillance recorded the private conversations of Dr.
Martin Luther King, Jr and others; and
\(3\) in light of the extensive historical and congressional
review of Dr. Martin Luther King, Jr. and the government
surveillance carried out against him, the historical value of
the records at issue is duplicatable and does not outweigh
the harm to the privacy interests of the recorded
individuals.
\(b\) Definitions.—In this section:
\(1\) Archivist.—The term “Archivist” means the Archivist
of the United States.
\(2\) Covered records.—The term “covered records” means
any tapes or documents in the custody of any Federal agency
relating to the surveillance by the Federal Bureau of
Investigation of Dr. Martin Luther King, Jr., that were the
subject of the order of the United States District Court for
the District of Columbia filed on January 31, 1977.
\(c\) Access for the King Children.—On the day after the
last day on which the covered records are required to be kept
under seal under the order described in subsection \(b\)\(2\),
the Archivist shall grant the surviving children of Dr.
Martin Luther King, Jr. exclusive access to view the covered
records, in consultation with expert historians and
archivists.
\(d\) Sealing and Public Release.—
\(1\) Sealing.—The Archivist shall keep under seal each
covered record for 60 years beginning on the day after the
last day on which the covered records are required to be kept
under seal.
\(2\) Public release.—After the conclusion of the 60-year
period described in paragraph \(1\), the covered records shall
be subject to public release and dissemination by the
Archivist pursuant to the usual protocols used by the
Archivist for the release of records.
SA 6183. Mr. WARNOCK \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28. INSTALLATION SUPPORT SERVICES AND
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
\(a\) Definitions.—In this section:
\(1\) Intergovernmental support agreement.—The term
“intergovernmental support agreement” has the meaning given
that term in section 2679\(f\) of title 10, United States Code.
\(2\) Military installation.—The term “military
installation” has the meaning given that term in section
2801 of such title.
\(b\) Intergovernmental Support Agreement Data and Evaluation
Framework.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop and implement a uniform framework for the collection
and evaluation of data from intergovernmental support
agreements.
\(2\) Elements.—The framework required under paragraph \(1\)
shall include the following elements:
\(A\) The total number and value of all intergovernmental
support agreements in effect.
\(B\) An identification of each intergovernmental support
agreement in effect.
\(C\) For each intergovernmental support agreement identified
in subparagraph \(B\), the following:
\(i\) The duration and terms of the agreement.
\(ii\) The parties to the agreement.
\(iii\) The characteristics of the military installation and
mission for the agreement.
\(iv\) The characteristics of any other party to the
agreement.
\(v\) The services covered under the agreement.
\(D\) The financial and nonfinancial benefits, including
savings, and efficiencies gained.
\(3\) Policy to ensure consistent execution.—Not later than
one year after the implementation of the framework required
under paragraph \(1\), the Secretary shall implement a policy
to ensure consistent execution of such framework.
\(c\) Public Database and Toolkit.—
\(1\) Database.—
\(A\) In general.—Not later than one year after the
implementation of the framework
required by subsection \(b\), the Secretary of Defense shall
establish a publicly accessible, searchable database
documenting intergovernmental support agreement data.
\(B\) Contents.—The database required under subparagraph \(A\)
shall include—
\(i\) data from the framework required by subsection \(b\); and
\(ii\) a summary of each intergovernmental support agreement.
\(2\) Toolkit.—Not later than one year after the
implementation of the framework required by subsection \(b\),
the Secretary shall develop policy to ensure consistent
execution of such framework and maintain a toolkit to provide
standardized resources for military installations and
surrounding communities to support the development,
negotiation, and execution of intergovernmental support
agreements.
\(d\) Analysis and Report.—
\(1\) Analysis of intergovernmental support agreement data.—
\(A\) In general.—Not later than one year after the date of
the enactment of this Act, and every four years thereafter,
the Secretary of Defense shall conduct an analysis of the
intergovernmental support agreement data using the framework
developed under subsection \(b\).
\(B\) Contents.—The analysis required by subparagraph \(A\)
shall include the following:
\(i\) An assessment of usage trends disaggregated by
installation size, mission type, geographic location, and
characteristics of the parties to the intergovernmental
support agreements.
\(ii\) An identification of services most commonly covered by
intergovernmental support agreements, and the typical
duration and terms of such agreements.
\(iii\) An evaluation of barriers to adoption and execution,
including legal, fiscal, and administrative obstacles.
\(iv\) A determination of whether certain categories of
military installations are underutilizing intergovernmental
support agreements.
\(v\) An examination of financial and nonfinancial
performance outcomes, including cost savings, efficiencies
gained, and mission impacts.
\(2\) Report.—Not later than 90 days after the completion of
an analysis under paragraph \(1\), the Secretary of Defense
shall submit to Congress a report that includes—
\(A\) the findings of the analysis conducted under paragraph
\(1\);
\(B\) data on intergovernmental support agreements,
disaggregated by installation size, mission type, location,
and characteristics of the parties to the agreement; and
\(C\) recommendations for improving adoption, collaboration,
and execution of intergovernmental support agreements,
including recommendations for legislative changes.
\(e\) Modification of Authority of Department of Defense for
Installation Support Services and Intergovernmental Support
Agreements.—Section 2679 of title 10, United States Code, is
amended—
\(1\) in subsection \(a\)\(2\)—
\(A\) in subparagraph \(A\), by striking “; and” and
inserting a semicolon;
\(B\) in subparagraph \(B\), by striking the period and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(C\) may include, as an additional partner in the
agreement, any other Federal agency.”;
\(2\) in subsection \(c\), by striking “Funds available”
through “for that year” and inserting “The Secretary
concerned may use funds from any available source to pay for
installation-support services”; and
\(3\) in subsection \(f\)—
\(A\) in paragraph \(1\), by inserting “including the repair,
construction, maintenance, and operation of a facility on or
near an installation,” after “and support”;
\(B\) in paragraph \(2\), by inserting “public agency, public
joint powers agency, government corporation,” after “public
authority,”; and
\(C\) by adding at the end the following:
“\(5\) The term \`Federal agency' means any department,
independent establishment, commission, authority, board
bureau, office, administrative unit, or other entity of the
Federal Government.
“\(6\) The term \`Secretary concerned' means—
“\(A\) the Secretary of the Army, with respect to matters
concerning the Army, National Guard Bureau, and units of the
Army National Guard without regard to whether such units are
operating under the authority of this title or title 32,
provided such intergovernmental support agreements serve a
military purpose of the Department of Defense;
“\(B\) the Secretary of the Navy, with respect to matters
concerning the Navy and Marine Corps;
“\(C\) the Secretary of the Air Force, with respect to
matters concerning the Air Force, and the Space Force, and
units of the Air National Guard without regard to whether
such units are operating under the authority of this title or
title 32, provided such intergovernmental support agreements
serve a military purpose of the Department of Defense;
“\(D\) the Secretary of Defense, with respect to matters
concerning the Defense Agencies not otherwise covered by the
Army, Navy, Marine Corp, Air Force, or Space Force; and
“\(E\) the head of any other Federal agency without regard
to whether such agency is operating under the authority of
this title, provided such intergovernmental support
agreements will serve the best interests of the Department of
Defense.”.
SA 6184. Mr. WARNOCK submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . COMPREHENSIVE PROGRAM TO BUILD PIPELINE OF
QUALIFIED INDIVIDUALS FOR DEPARTMENT OF DEFENSE
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS WORKFORCE.
\(a\) Comprehensive Program Required.—The Secretary of
Defense shall, acting through an Under Secretary of Defense
whom the Secretary shall designate for purposes of this
section, carry out a comprehensive program to build a
pipeline of United States individuals with science,
technology, engineering, or mathematics qualifications to
fill job vacancies within the Department of Defense in
shipbuilding, aerospace, computer science, cybersecurity, and
such other fields as the Secretary considers appropriate.
\(b\) SMART Program Increase.—In carrying out the program
required by subsection \(a\), the Secretary shall increase the
number of Science, Mathematics, and Research for
Transformation \(SMART\) Scholarship-for-Service Program
participants that are funded by the Department of Defense to
10,000.
\(c\) Use of ROTC.—The Secretary shall draw from the Reserve
Officer Training Corps who are pursuing programs of education
in science, technology, engineering, or mathematics for the
pipeline built under subsection \(a\).
\(d\) Partnerships.—In carrying out the subsection \(a\), the
Secretary shall establish partnerships between Department of
Defense laboratories and the colleges and universities of the
United States, including community colleges, women's
colleges, and historically Black colleges or universities.
\(e\) Apprenticeships and Internship Programs.—In carrying
out subsection \(a\), the Secretary shall enhance
apprenticeship and internship programs so that the
participants in such programs are ready to serve in the Armed
Forces on their first day of service in the Armed Forces,
regardless of academic institution from which they
matriculate.
\(f\) Diversification of Qualifications.—The Secretary shall
ensure that the pipeline built under the comprehensive
program required by subsection \(a\) encompasses more than just
inviduals pursuing programs of education leading to a degree,
but also individuals pursuing programs of education other
than programs of education leading to a degree, such as
programs of education leading to technical certificates, and
programs of education leading to a postgraduate degree.
SA 6185. Mr. BOOKER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. SHORE-TO-SHIP AUTOMATIC MARITIME COMMUNICATION
NETWORK.
\(a\) In General.—The Commandant of the Coast Guard shall
procure a services contract with a private entity to advance
the implementation, operation, and maintenance of a
nationwide shore-to-ship automatic maritime communication
network along State and territorial coastlines for public and
private use—
\(1\) to support navigation; and
\(2\) to communicate critical safety, security,
environmental, marine mammal, and waterways management
information directly to all vessels that are required to
carry, or that elect to carry, an Automatic Identification
System.
\(b\) Requests for Messaging.—The Commandant shall establish
procedures by which other Federal agencies, State, local,
Tribal, and territorial governments, and other public and
private stakeholders may request messaging through the
network.
\(c\) Use of Existing Infrastructure.—In carrying out
subsection \(a\), the Commandant shall, to the maximum extent
practicable—
\(1\) leverage shore-to-ship Automatic Identification System
stations that, as of the date of the enactment of this Act,
are operated by private or non-Federal entities under permits
issued by the Coast Guard and the Federal Communications
Commission;
\(2\) ensure that a services contract entered into under that
subsection provides for the continued operation of such
existing stations if such continued operation is consistent
with the technical, operational, and coverage requirements of
the network; and
\(3\) avoid duplication of shore-to-ship Automatic
Identification System coverage already provided by such
existing stations.
SA 6186. Mr. WARNER \(for himself and Ms. Murkowski\) submitted an
amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle E of title V, insert
the following:
SEC. . FOOD INSECURITY AMONG MEMBERS OF THE ARMED FORCES
TRANSITIONING OUT OF ACTIVE DUTY SERVICE.
\(a\) Study; Education and Outreach Efforts.—
\(1\) Study.—The Secretary of Defense shall, in conjunction
with the Secretary of Veterans Affairs and other Federal
officials, as appropriate, conduct a study to identify the
means by which members of the Armed Forces are provided
information about the availability of Federal nutrition
assistance programs as they transition out of active duty
service.
\(2\) Education and outreach efforts.—The Secretary of
Defense, working with the Secretary of Veterans Affairs and
other Federal officials, as appropriate, shall increase
education and outreach efforts to members of the Armed Forces
who are transitioning out of active duty service,
particularly those members identified as being at-risk for
food insecurity, to increase awareness of the availability of
Federal nutrition assistance programs and eligibility for
those programs.
\(3\) Report.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall—
\(A\) submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report on the results of the study
conducted under paragraph \(1\); and
\(B\) publish such report on the website of the Department of
Defense.
\(b\) Working Group.—
\(1\) In general.—The Secretary of Defense, in consultation
with the Secretary of Veterans Affairs and the Secretary of
Agriculture, shall establish a working group to address,
across the Department of Defense, the Department of Veterans
Affairs, and the Department of Agriculture, coordination,
data sharing, and evaluation efforts on underlying factors
contributing to food insecurity among members of the Armed
Forces transitioning out of active duty service \(in this
subsection referred to as the “working group”\).
\(2\) Membership.—The working group be composed of—
\(A\) representatives from the Department of Defense, the
Department of Veterans Affairs, the Department of
Agriculture;
\(B\) other relevant Federal officials, including those
connected to veteran transition programs; and
\(C\) other relevant stakeholders as determined by the
Secretary of Defense, the Secretary of Veterans Affairs, and
the Secretary of Agriculture.
\(3\) Report.—
\(A\) In general.—Not later than one year after the date of
the enactment of this Act, the working group shall submit to
each congressional committee with jurisdiction over the
Department of Defense, the Department of Veterans Affairs,
and the Department of Agriculture a report on the
coordination, data sharing, and evaluation efforts described
in paragraph \(1\).
\(B\) Elements.—The report required by paragraph \(1\) shall
include the following:
\(i\) An accounting of the funding each department referred
to in subparagraph \(A\) has obligated toward research relating
to food insecurity among members of the Armed Forces or
veterans.
\(ii\) An outline of methods of comparing programs and
sharing best practices for addressing food insecurity by each
such department.
\(iii\) An outline of—
\(I\) the plan each such department has to achieve greater
government efficiency and cross-agency coordination, data
sharing, and evaluation in addressing food insecurity among
members transitioning out of the Armed Forces; and
\(II\) efforts that the departments can undertake to improve
coordination to better address food insecurity as it impacts
members during and after their active duty service.
\(iv\) An identification of—
\(I\) any legal, technological, or administrative barriers to
increased coordination and data sharing in addressing food
insecurity among members transitioning out of the Armed
Forces; and
\(II\) any additional authorities needed to increase such
coordination and data sharing.
\(v\) Any other information the Secretary of Defense, the
Secretary of Veterans Affairs, or the Secretary of
Agriculture determines to be appropriate.
SA 6187. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROTECTING AMERICA'S WORKFORCE.
\(a\) Nullification of Executive Orders Relating to
Exclusions From Federal Labor-management Relations
Programs.—Executive Order 14251 \(90 Fed. Reg. 14553;
relating to exclusions from Federal labor-management
relations programs\) and Executive Order 14343 \(90 Fed. Reg.
42683; relating to further exclusions from the Federal labor-
management relations program\) shall have no force or effect,
and no Federal funds may be obligated or expended to carry
out either such Executive order.
\(b\) Collective Bargaining Agreements.—Any collective
bargaining agreement in effect as of March 26, 2025, between
any agency in the executive branch of the Federal Government
and any labor organization that is an exclusive
representative of Federal employees shall have full force and
effect through the stated term of the applicable agreement.
SA 6188. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON THE USE OF CERTAIN ARTIFICIAL
INTELLIGENCE MODELS ACROSS THE FEDERAL
GOVERNMENT.
\(a\) Definitions.—In this section:
\(1\) Administrator.—The term “Administrator” means the
Administrator of General Services.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means the Committee
on Commerce, Science, and Transportation of the Senate, the
Committee on the Judiciary of the Senate, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on the Judiciary
of the House of Representatives.
\(3\) Artificial intelligence model.—The term “artificial
intelligence model” means a capability or combined series of
capabilities that can generate realistic image or video
outputs for a given set of objectives, prompts, or input.
\(4\) Artificial intelligence risk management framework.—The
term “Artificial Intelligence Risk Management Framework”
means the Artificial Intelligence Risk Management Framework,
or any successor document, and any associated guidance or
publications issued under section 22A of the National
Institute of Standards and Technology Act \(15 U.S.C. 278h-1\).
\(5\) Child pornography.—The term “child pornography” has
the meaning given the term in section 2256 of title 18,
United States Code.
\(6\) Child sexual abuse material.—The term “child sexual
abuse material”—
\(A\) means child pornography; and
\(B\) an intimate visual depiction of an individual who is
less than 18 years of age.
\(7\) Covered application.—The term “covered application”
means an artificial intelligence model that the Administrator
of General Services or the head of a Federal agency
determines—
\(A\) is not in compliance with—
\(i\) the standards document of the National Institute of
Standards and Technology National Institute of Standards and
Technology numbered “NIST AI 600-1” and entitled
“Artificial Intelligence Risk Management Framework:
Generative Artificial Intelligence Profile” with respect to
non-consensual intimate imagery or child sexual abuse
material within “obscene, degrading, and/or abusive
content”; or
\(ii\) a comparably robust successor standard or framework
with respect to synthetic child sexual abuse material or non-
consensual intimate images of adults;
\(B\) is subject to a determination by a Federal court that
the artificial intelligence model has generated content
depicting child pornography; or
\(C\) is subject to a determination by a Federal court that
the artificial intelligence model has generated non-
consensual intimate visual depictions of an identifiable
adult.
\(8\) Developer.—The term “developer” means a person that
develops an artificial intelligence model, including any
person that materially modifies and subsequently distributes
an artificial intelligence model.
\(9\) Federal agency.—The term “Federal agency” has the
meaning given the term “agency” in section 3502 of title
44, United States Code.
\(10\) Intimate visual depiction.—The term “intimate visual
depiction” has the meaning given the term in section 1309 of
the Violence Against Women Act Reauthorization Act of 2022
\(15 U.S.C. 6851\).
\(11\) Technical control.—The term “technical control”
means a technical control, or series of technical controls,
to prevent the ability of any publicly released version of an
artificial intelligence model to generate child pornography.
\(b\) Establishment of Performance Benchmarks.—
\(1\) Performance benchmark.—
\(A\) In general.—Not later than 90 days after the date of
enactment of this Act, the Director of the National Institute
of Standards and Technology shall initiate a process to
establish performance benchmarks, consistent with the
Artificial Intelligence Risk Management Framework Generative
Artificial Intelligence Profile, to prevent the generation of
obscene, degrading, and abusive content, including synthetic
child sexual abuse material and non-consensual intimate
images of adults.
\(B\) Updates.—The Director of the National Institute of
Standards and Technology shall update, on a periodic basis,
the performance benchmarks established under subparagraph \(A\)
to address changes in technology and circumvention practices.
\(2\) Testing program.—Not later than 180 days after the
date of the enactment of this Act, the Director of the
National Institute of Standards and Technology shall
establish a voluntary vendor test program consistent with the
performance benchmarks established under subparagraph \(A\).
\(c\) Prohibition on Federal Acquisition or Use of Covered
Applications.—
\(1\) In general.—The head of a Federal agency may not
procure a covered application or use such application on an
information technology system operated by such Federal agency
or by a contractor of such Federal agency.
\(2\) Implementation.—
\(A\) Initial removal.—Not later than 180 days after the
date of enactment of this Act, the head of each Federal
agency shall—
\(i\) remove any covered application from each information
technology system operated by the Federal agency; and
\(ii\) ensure that each contractor of the Federal agency
removes any covered application from each information
technology system operated by the contractor.
\(B\) Subsequent removals.—Not later than 180 days after the
date on which the Administrator or the head of a Federal
agency determines that an artificial intelligence model
constitutes a covered application, including as a result of a
review performed under paragraph \(3\), the head of each
Federal agency shall carry out the requirements of clauses
\(i\) and \(ii\) of subparagraph \(A\) with respect the covered
application.
\(3\) Continuous evaluation of available products and
services.—
\(A\) General services administration.—Effective on the date
that is 1 year after the date of enactment of this Act, and
not less frequently than every 90 days thereafter, the
Administrator shall review each product or service offered
within a contract vehicle or purchasing program maintained by
the General Services Administration to determine whether the
product or service includes a covered application.
\(B\) Agency procurement review.—Effective on the date that
is 1 year after the date of enactment of this Act, and not
less frequently than annually thereafter, the Chief
Acquisition Officer or a senior procurement executive of each
Federal agency shall review each product or service used by
the Federal agency to determine whether the product or
service constitutes a covered application.
\(d\) Safeguards.—
\(1\) In general.—If an artificial intelligence model that
is determined to constitute a covered application lacks a
vendor capable of making necessary technical modifications to
the artificial intelligence model in order to remove the
status of the artificial intelligence model as a covered
application, including for the purpose of subsection \(e\), the
head of each Federal agency may implement additional
technical and compliance safeguards, including those
described in Reducing Risks Posed by Synthetic Content \(NIST
AI 100-4\) or any successor publication, with respect to the
artificial intelligence model that effectively prevent the
use of the an artificial intelligence model for the
generation of child pornography or non-consensual intimate
visual depictions of an identifiable adult.
\(2\) Certification required.—With respect to the head of a
Federal agency who implements safeguards described in
paragraph \(1\) on a covered application, not later than 30
days after the date of such implementation, the head of the
Federal agency shall issue a public certification that those
safeguards are sufficient to prevent the misuse of the
covered application for the generation of child pornography
or non-consensual intimate visual depictions of an
identifiable adult.
\(3\) Congressional notification.—Not later than 7 days
after the date on which the head of a Federal agency issues a
certification under paragraph \(2\), the head of the Federal
agency shall submit to the appropriate congressional
committees a notification of the certification that
identifies the safeguards described in paragraph \(1\).
\(e\) Cure.—If the Administrator or the head of a Federal
agency determines that an artificial intelligence model
constitutes a covered application, the Administrator or the
head of the Federal agency may offer the vendor of the
artificial intelligence model an opportunity to modify the
artificial intelligence model in order to remove the status
of the artificial intelligence model as a covered application
at the cost of the vendor to avoid the removal required under
subsection \(c\)\(2\).
\(f\) Limited Safe Harbor.—
\(1\) Limited developer safe harbor.—
\(A\) In general.—Subject to paragraph \(2\), the developer of
an artificial intelligence model that possesses or produces
child pornography solely for the purpose of developing a good
faith technical control shall be deemed to not be in
violation of section 2251 or section 1466A of title 18,
United States Code.
\(B\) Limitations.—Any child pornography material possessed
or generated by the developer of an artificial intelligence
model, as described in subparagraph \(A\)—
\(i\) may not be retained longer than necessary to develop a
technical control and in no instance longer than—
\(I\) with respect to an electronic communication service
provider, 1 year; and
\(II\) with respect to any other entity, 30 days;
\(ii\) shall be reported to the CyberTipline of the National
Center for Missing and Exploited Children;
\(iii\) shall be handled in accordance with the guidelines
issued by the Attorney General under paragraph \(2\); and
\(iv\) may not be used for a purpose other than to develop a
technical control.
\(2\) Guidelines.—Not later than 90 days after the date of
enactment of this Act, the Attorney General shall issue
guidelines for compliance with paragraph \(1\) by developers of
artificial intelligence models that—
\(A\) define practices constituting good faith activity;
\(B\) define instances that are indicia a developer has not
acted in good faith, including—
\(i\) instances in which a technical control developed
pursuant to paragraph \(1\)\(A\) is not materially robust; and
\(ii\) instances in which a developer has refused or taken
materially ineffective measures to address circumvention
behavior described in paragraph \(3\); and
\(C\) clarify circumstances under which criminal liability
under section 2251 or section 1466A of title 18, United
States Code, may still apply, such as in instances of
reckless or negligent conduct.
\(3\) Prohibition on products and services for
circumvention.—No person may deliberately manufacture,
import, or offer to the public a technology, product,
service, device, component, or part thereof that—
\(A\) is primarily designed or produced and promoted for the
purpose of circumventing, removing or tampering with a
technical control;
\(B\) has only limited commercially significant or expressive
purpose or use other than to circumvent, remove or tamper
with a technical control and is promoted for a purpose
described in subparagraph \(A\); or
\(C\) is marketed by the person or another party acting in
concert with the person with the knowledge of the person for
use in circumventing, removing or tampering with a technical
control.
\(4\) Private right of action.—
\(A\) In general.—The following persons may commence a civil
action in an appropriate district court of the United States:
\(i\) An individual whose image or likeness is contained in
any child pornography and who is injured by a developer
mishandling such child pornography in violation of paragraph
\(1\).
\(ii\) An individual who has been injured by a developer
failing to implement sufficiently robust technical controls
to prevent their image or likeness from being used to
generate child pornography, or been injured by any person who
has generated child pornography with the image or likeness of
that individual, in violation of paragraph \(3\).
\(iii\) A developer whose technical controls are subverted by
a person in violation of paragraph \(3\).
\(B\) Powers of the court.—In an action brought under
subparagraph \(A\), the court—
\(i\) may grant temporary and permanent injunctions on such
terms as it determines reasonable to prevent or restrain a
violation, but in no event shall impose a prior restraint on
free speech or the press protected under the First Amendment
to the Constitution of the United States;
\(ii\) at any time while an action is pending, may order the
impounding, on such terms as it determines reasonable, of any
device or product that is in the custody or control of the
alleged violator and that the court has reasonable cause to
believe was involved in a violation;
\(iii\) may award damages under subparagraph \(C\);
\(iv\) in its discretion may allow the recovery of costs by
or against any party other than the United States or an
officer thereof;
\(v\) in its discretion may award reasonable attorney's fees
to the prevailing party; and
\(vi\) may, as part of a final judgment or decree finding a
violation, order the remedial modification or the destruction
of any device or product involved in the violation that is in
the custody or control of the violator or has been impounded
under clause \(ii\).
\(C\) Award of damages.—
\(i\) In general.—Except as otherwise provided in this
section, a person committing a violation of this section is
liable for either—
\(I\) the actual damages and any additional profits of the
violator, as provided in clause \(ii\), or
\(II\) statutory damages, as provided in clause \(iii\).
\(ii\) Actual damages.—In an action brought under this
paragraph, the court shall award to the complaining party the
actual damages suffered by the party as a result of the
violation, and any profits of the violator that are
attributable to the violation and are not taken into account
in computing the actual damages, if the complaining party
elects such damages at any time before final judgment is
entered.
\(iii\) Statutory damages.—At any time before final judgment
is entered in a case brought under this paragraph, a
complaining party may elect to recover an award of statutory
damages of $50,000.
\(D\) Repeated violations.—In any action brought under this
paragraph in which the injured party sustains the burden of
proving, and the court finds, that a person has violated this
section within 3 years after a final judgment was entered
against the person for another such violation, the court may
increase the award of damages up to triple the amount that
would otherwise be awarded, as the court considers just.
\(E\) Innocent violations.—In an action brought under this
paragraph, the court in its discretion may reduce or remit
the total award of damages in any case in which the violator
sustains the burden of proving, and the court finds, that the
violator was not aware and had no reason to believe that its
acts constituted a violation.
SA 6189. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . FLEXIBLE WORK ARRANGEMENTS FOR CERTAIN FEDERAL
EMPLOYEES.
\(a\) Flexible and Compressed Work Schedules.—
\(1\) In general.—Subchapter II of chapter 61 of title 5,
United States Code, is amended—
\(A\) in section 6122—
\(i\) in the section heading, by striking “agencies
authorized to use” and inserting “agency usage”;
\(ii\) by amending subsection \(a\) to read as follows:
“\(a\)\(1\) Notwithstanding section 6101 of this title, each
agency—
“\(A\) may establish, in accordance with this subchapter,
programs that allow the use of flexible schedules that
include—
“\(i\) designated hours and days during which an employee on
such a schedule must be present for work; and
“\(ii\) designated hours during which an employee on such a
schedule may elect the time of such employee's arrival at and
departure from work, solely for such purpose or, if and to
the extent permitted, for the purpose of accumulating credit
hours to reduce the length of the workweek or another
workday; and
“\(B\) shall establish programs described in subparagraph
\(A\) that allow the use of a flexible schedule, as described
in that subparagraph, by a covered employee, the spouse of
whom is deployed.
“\(2\) An election by an employee referred to in paragraph
\(1\)\(A\)\(ii\), and the participation by a covered employee in a
program established under paragraph \(1\)\(B\), shall be subject
to limitations generally prescribed to ensure that the duties
and requirements of the position of the applicable employee
are fulfilled.”; and
\(iii\) by adding at the end the following:
“\(c\) In this section—
“\(1\) the term \`covered employee' means an employee, the
spouse of whom is a member of the uniformed services; and
“\(2\) the term \`deployed'—
“\(A\) with respect to a member of the armed forces, means
that the member is deployed or in a deployment within the
meaning of section 991\(b\) of title 10, including any
definition of \`deployment' prescribed under paragraph \(4\) of
that section; and
“\(B\) with respect to a member of the commissioned corps of
the Public Health Service or the National Oceanic and
Atmospheric Administration, has the meaning given the term by
the Secretary concerned, as defined in section 101 of title
37.”;
\(B\) in section 6130\(a\), by adding at the end the following:
“\(3\) Notwithstanding any other provision of this
subsection, no collective bargaining agreement may fail to
provide for the use of a flexible or compressed work schedule
that is required to be allowed section 6122\(a\)\(1\)\(B\).”;
\(C\) in section 6131\(d\), by inserting “or that are required
to be allowed under section 6122\(a\)\(1\)\(B\)” after “under
this subchapter”; and
\(D\) in section 6133\(b\), by adding at the end the following:
“\(3\) The materials, aids, and assistance under paragraph
\(1\) shall include information that an agency shall provide to
covered employees, as defined in subsection \(c\) of section
6122, regarding the rights of those covered employees under
subsection \(a\)\(1\)\(B\) of that section.”.
\(2\) Technical and conforming amendment.—The table of
sections for subchapter II of chapter 61 of title 5, United
States Code, is amended by striking the item relating to
section 6122 and inserting the following:
“6122. Flexible schedules; agency usage.”.
\(b\) Telework.—Chapter 65 of title 5, United States Code,
is amended—
\(1\) in section 6502\(b\)—
\(A\) in paragraph \(5\), by striking “and” at the end;
\(B\) in paragraph \(6\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(7\) allow an employee, the spouse of whom is a member of
the uniformed services, to telework while that spouse is
deployed, as defined in section 6122\(c\).”; and
\(2\) in section 6505\(b\)—
\(A\) in paragraph \(2\)\(C\), by striking “and” at the end;
\(B\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(C\) by inserting after paragraph \(2\)\(C\) the following:
“\(3\) provide information to employees, the spouses of whom
are members of the uniformed services, regarding the rights
of those employees under section 6502\(b\)\(7\).”.
SA 6190. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2829. DESIGNATION OF CRITICAL HOUSING AREAS AND
COMMUNITY PARTNERSHIP RESPONSE PLANS.
Subchapter III of chapter 169 of title 10, United States
Code, is amended by inserting after section 2869 the
following new section:
“Sec. 2869a. Critical housing areas and community
partnership response plans
“\(a\) Designation of Critical Housing Areas.—The Secretary
of Defense shall establish a process to identify and
designate geographic areas in the vicinity of military
installations in which shortages of available and affordable
housing materially affect members of the armed forces and
their families. Any area so designated shall be known as a
\`critical housing area'.
“\(b\) Factors for Consideration.—
“\(1\) In general.—In carrying out the designation of
critical housing areas under subsection \(a\), the Secretary of
Defense shall develop criteria for such designation that
includes, at a minimum, the following factors:
“\(A\) Rental vacancy rates.
“\(B\) Housing cost burdens borne by members of the armed
forces and their families.
“\(C\) Availability of housing suitable for families of
different sizes and for junior enlisted members of the armed
forces.
“\(D\) Length and burden of commuting patterns.
“\(E\) Availability of temporary lodging and transition
housing options.
“\(F\) Barriers to housing production or occupancy,
including land-use, zoning, infrastructure, permitting,
transportation, utility, and school-capacity constraints.
“\(G\) Such other factors as the Secretary determines
appropriate.
“\(2\) Public comment.—The Secretary shall solicit and
include in the criteria developed under paragraph \(1\) public
comments from stakeholders.
“\(c\) Publication and Updates.—The Secretary of Defense
shall—
“\(1\) maintain a list of critical housing areas designated
under subsection \(a\);
“\(2\) update such list not less frequently than annually;
and
“\(3\) submit to the congressional defense committees notice
of each new designation, redesignation, or termination of
designation under subsection \(a\), together with a brief
explanation of the basis therefor.
“\(d\) Community Partnership Response Plan.—
“\(1\) In general.—For each critical housing area
designated under subsection \(a\), the Secretary concerned,
acting through the relevant installation commander or
commanders, shall develop a community partnership response
plan.
“\(2\) Consultation.—In developing a response plan under
paragraph \(1\), the Secretary concerned shall consult, as
appropriate, with—
“\(A\) State, local, Tribal, and territorial governments;
“\(B\) public housing agencies, housing finance agencies,
and housing authorities;
“\(C\) metropolitan planning organizations and regional
planning bodies;
“\(D\) transit, utility, and infrastructure authorities;
“\(E\) partners in providing housing under subchapter IV of
this chapter, as appropriate; and
“\(F\) such other public or private entities as the
Secretary concerned determines appropriate.
“\(3\) Required elements of plan.—Each community
partnership response plan under paragraph \(1\) shall include—
“\(A\) an assessment of local housing market conditions
affecting members of the armed forces and their families;
“\(B\) identification of the principal drivers of housing
unaffordability, housing shortage, or housing inaccessibility
in the area;
“\(C\) an assessment of local regulatory, land-use,
infrastructure, transportation, utility, school-capacity, or
permitting barriers affecting housing availability;
“\(D\) a description of Federal, State, local, and private
tools already in use to address such barriers;
“\(E\) recommended near-term and long-term actions to
improve housing supply, affordability, or access;
“\(F\) estimated costs and potential sources of support for
such actions;
“\(G\) measurable outcomes and implementation timelines; and
“\(H\) any recommendations for administrative or legislative
action.
“\(e\) Coordination With Existing Authorities.—The
Secretary of Defense shall ensure, to the maximum extent
practicable, that activities under this section are
coordinated with other authorities of the Department of
Defense relating to housing \(including housing under
subchapter IV of this title\), installation-community
partnerships, and intergovernmental support.
“\(f\) Annual Report.—Not later than March 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report setting forth—
“\(1\) each critical housing area designated under
subsection \(a\);
“\(2\) the status of each community partnership response
plan developed under subsection \(d\);
“\(3\) early performance outcomes associated with activities
assisted under this section; and
“\(4\) any statutory or regulatory barriers identified by
installations or communities.”.
SA 6191. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28. FUNDING FOR ALL-WEATHER ATHLETICS FACILITY ON
FORT MCCOY, MONROE COUNTY, WISCONSIN.
\(a\) In General.—The amount authorized to be appropriated
by section 2103\(a\) and available as specified in the funding
table in section 4601 for design of a fitness center at Fort
McCoy, Monroe County, Wisconsin, shall be used instead for
construction of an all-weather athletics facility and
increased by $15,300,000.
\(b\) Offset.—The amount authorized to be appropriated by
section 2103\(a\) and available as specified in the funding
table in section 4601 for construction of a vehicle
maintenance shop on the Kadena Air Base, Japan, is hereby
decreased by $17,000,000.
SA 6192. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 885. RECIPROCAL DEFENSE PROCUREMENT AGREEMENTS.
\(a\) Consultation Process.—
\(1\) In general.—The Secretary of Defense shall, in
consultation with the Made in America Office, the Secretary
of State, the Secretary of Commerce, and the Office of the
United States Trade Representative, develop an interagency
process for the initiation and negotiation of new Reciprocal
Defense Procurement Agreements \(in this section referred to
as “Agreements”\) and for the ongoing monitoring,
evaluation, and renewal of existing agreements. This process
shall be documented in written policies and procedures.
\(2\) Elements.—The consultation process developed pursuant
to paragraph \(1\) shall include the following elements:
\(A\)\(i\) Formal public and congressional notification shall
be provided at least 120 prior to the beginning of
negotiations with a foreign country regarding a prospective
Agreement \(or upon the beginning of considering an existing
Agreement for renewal\).
\(ii\) The Secretary of Defense shall provide draft
negotiating text to the appropriate congressional committees
at least 30 days prior to entering into negotiations for a
prospective Agreement.
\(iii\)\(I\) The Secretary of Defense shall issue a Federal
Registrar notice soliciting public comments at least 90 days
prior to beginning negotiations regarding a prospective
Agreement \(or upon the beginning of considering an existing
Agreement for renewal\).
\(II\) The public comment period shall be open for at least
60 days and close not later than 30 days prior to beginning
negotiations with a foreign country.
\(III\) The Secretary if Defense shall provide a briefing on
the public comments to the appropriate congressional
committees prior to beginning negotiations of a new Agreement
or extension of an existing Agreement.
\(B\) Notification to the appropriate congressional
committees not later than 90 days before signing a new
Agreement and not later than 60 days before renewing an
existing Agreement.
\(C\) The Secretary of Defense shall publish online the text
of a negotiated Agreement, whether new or renewal of an
existing Agreement, for at least 60 days prior to signing.
\(D\) A process to solicit feedback from United States
companies that the Made in America Office and Bureau of
Industry and Security deem sufficient to meet industry needs.
\(E\) A process to assess and monitor the effects of
Agreements, including those already in place, on United
States defense technology and the United States industrial
base, including the industrial workforce, with reports to
Congress every 5 years.
\(F\) Guidance to offices with the Department of Commerce
that emphasize sound economic reasoning and rigorous
methodology to evaluate prospective and existing Agreements.
\(b\) Termination of Automatic Extensions and Reevaluation of
Existing Agreements.—The Secretary of Defense shall
renegotiate existing Agreements to remove provisions that
automatically extend Agreements and shall ensure that all
existing Agreements terminate not less than two years after
the date of the enactment of this Act unless reextended.
\(c\) Oversight of Application of Buy American Act Waivers
for Countries With Expired Agreements.—
\(1\) In general.—The Secretary of Defense shall—
\(A\) to the fullest extent possible, implement chapter 83 of
title 41, United States Code \(commonly known as the “Buy
American Act”\), and all domestic preference laws with
respect to any financial award or contract of the Department
of Defense; and
\(B\) shall not waive the Buy American Act for countries with
expired Agreements, including Italy.
\(2\) Made in america office oversight.—The Made in America
Office shall take steps to ensure that the Department of
Defense is appropriately implementing the Buy American Act
and domestic preference laws, including with respect to
countries with expired Agreements.
\(d\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Finance, and the
Committee on Appropriations of the Senate; and
\(2\) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Foreign Affairs, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
SA 6193. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the
following:
SEC. 8. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE
MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
Section 4864\(a\) of title 10, United States Code, is
amended—
\(1\) in paragraph \(2\), by adding at the end the following:
“\(G\) Auxiliary equipment, including pumps, for all
shipboard services.
“\(H\) Propulsion system components, including engines,
shafting, reduction gears, and propellers.
“\(I\) Shipboard cranes.
“\(J\) Spreaders for shipboard cranes.
“\(K\) Air circuit breakers.
“\(L\) Auxiliary chill water systems.”;
\(2\) by striking paragraph \(4\); and
\(3\) by redesignating paragraph \(5\) as paragraph \(4\).
SA 6194. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle E of title X, insert
the following:
SEC. . PORT SHUAIBA DRONE ATTACK INSPECTOR GENERAL
REPORT.
\(a\) Inspector General Report.—Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Department of Defense shall submit to the
congressional defense committees a report on
the March 1, 2026, Iranian drone attack on United States
forces in Port Shuaiba, Kuwait, and its aftermath.
\(b\) Elements.—The report submitted under subsection \(a\)
shall include, with respect to events occurring shortly
before and after the attack described in such subsection and
related matters, the following:
\(1\) A description of the reason for moving members of the
103rd Sustainment Command \(Expeditionary\) to Port Shuaiba.
\(2\) A description of medical supplies provided by the Army
to the 103rd Sustainment Command \(Expeditionary\), including
whether any requests for supplies were denied.
\(3\) A description of actions taken to ensure the physical
security of the Port Shuaiba facility.
\(4\) A timeline of the attack described in subsection \(a\).
\(5\) A review of medical care provided to members of the
Armed Forces injured in the attack described in subsection
\(a\), including whether they received proper diagnoses and
medical care for injuries such as traumatic brain injuries.
\(6\) An evaluation of whether Department of Defense
statements concerning the attack described in subsection \(a\)
and medical care provided to members of the Armed Forces
injured in the attack were consistent with information
provided to the public by the Department of Defense.
\(c\) Form.—The report submitted under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
SA 6195. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII—FOREIGN INVESTMENT REVIEW MONITORING
SEC. 1701. SHORT TITLE.
This title may be cited as the “Foreign Investment Review
Monitoring and Commitment Tracking Oversight Board Act” or
the “FIRM Commitment Tracking Oversight Board Act”.
SEC. 1702. DEFINITIONS.
In this title:
\(1\) Covered foreign investment commitment.—The term
“covered foreign investment commitment” means a commitment
by a foreign country to invest in the United States made—
\(A\) as part of a trade agreement;
\(B\) in response to tariffs, embargoes, or other punitive
trade measures imposed or having the potential to be imposed
pursuant to—
\(i\) section 122, 201, 232, 301, or 406 of the Trade Act of
1974; or
\(ii\) any other trade or economic authority of the United
States; or
\(C\) as a result of negotiations or solicitations with
representatives of the executive branch or any individual
acting on behalf of or at the behest of the executive branch,
including any persons affiliated with the executive branch.
\(2\) Covered investment.—The term “covered investment”
means an investment intended by the person making the
investment, the government of the country in which such
person is located, or the United States Government to count
towards a covered foreign investment commitment.
\(3\) Family member.—With respect to an individual, the term
“family member” has the meaning given that term in section
9832\(d\) of the Internal Revenue Code of 1986.
\(4\) FIRA.—The term “FIRA” means the Foreign Investment
Review Authority.
\(5\) Net economic benefit.—With respect to an investment,
the investment provides a “net economic benefit” to the
United States if the investment—
\(A\) promotes domestic growth and production;
\(B\) creates and retains quality jobs in the United States;
\(C\) creates and retains jobs that are accessible to workers
without a college degree, such as through a registered
apprenticeship program or other workforce training program;
\(D\) does not contribute to creating greater global or
domestic excess capacity in the applicable sector of the
economy;
\(E\) does not undermine existing businesses in the United
States, including by undermining such businesses' ability to
compete domestically or internationally; and
\(F\) creates integrated demand for domestically-sourced
materials and does not primarily promote the creation or
continuance of an assembly facility utilizing foreign-
produced components.
\(6\) Obligation date.—With respect to a covered foreign
investment commitment, the obligation date is the date on
which the commitment is made.
\(7\) Person.—The term “person”—
\(A\) has the meaning given that term in section 1 of title
1, United States Code; and
\(B\) includes an entity or government.
\(8\) Qualified investment.—The term “qualified
investment” means an investment that qualifies to count
towards a covered foreign investment commitment, as
determined by FIRA under section 1706.
\(9\) Quality job.—With respect to an investment, the term
“quality job” means a job—
\(A\) that provides at least 30 hours of work per week;
\(B\) that is a job with compensation that—
\(i\) is equal to or exceeds the compensation of existing
similarly-situated jobs in the United States;
\(ii\) except with respect to a managerial job, includes a
wage that is higher than the median wage of the State in
which the job is located \(or, if not located in a State, the
nearest State\); and
\(iii\) includes comprehensive health care, defined benefit
pension, and other family-sustaining benefits; and
\(C\) located at a facility in the United States where the
employer—
\(i\) ensures neutrality in any union organizing drive; and
\(ii\) with respect to an investment where the investing
person has a union or employees works council at any facility
in the home country of the person, provides similar
opportunities to employees located at such United States
facility as are provided at the facility in the home country.
\(10\) Registered apprenticeship program.—The term
“registered apprenticeship program” means an apprenticeship
registered under the Act of August 16, 1937 \(commonly known
as the “National Apprenticeship Act”; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.\) that meets the standards of
subpart A of part 29 and part 30 of title 29, Code of Federal
Regulations.
\(11\) State.—The term “State” means each of the several
States, the District of Columbia, and each territory of the
United States.
SEC. 1703. FOREIGN INVESTMENT REVIEW AUTHORITY.
\(a\) Establishment.—There is established the Foreign
Investment Review Authority.
\(b\) Board of Directors.—
\(1\) Members.—The head of FIRA shall be a board of
directors consisting of the following:
\(A\) The Chair, who shall be appointed by the President, by
and with the advice and consent of the Senate;
\(B\) A designee of the Secretary of Commerce.
\(C\) A designee of the Attorney General.
\(D\) A designee of the Secretary of Labor.
\(E\) Four members appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who are not of the same political party as the President.
\(2\) Term.—Each member of the board of directors of FIRA
shall serve a 4-year term.
\(c\) Conflicts of Interest.—FIRA shall establish conflict
of interest requirements applicable to the members of the
board of directors and the employees of FIRA that ensure
there are no conflicts of interest regarding the review of
investments by FIRA.
\(d\) Office of the Chief Ethics Officer.—
\(1\) In general.—There is established within FIRA the
Office of the Chief Ethics Officer, which shall be headed by
the Chief Ethics Officer.
\(2\) Appointment.—The Chief Ethics Officer shall be
appointed by FIRA, subject to the advice and consent of the
Senate.
\(3\) Term.—The Chief Ethics Officer shall serve a 6-year
term.
\(4\) Removal authority.—The Chief Ethics Officer may only
be removed for gross misconduct.
\(e\) Public Oversight Board.—
\(1\) Establishment.—There is established within the Office
of the Chief Ethics Officer a Public Oversight Board.
\(2\) Members.—The Public Oversight Board shall consist of
the following:
\(A\) One member appointed by the Speaker of the House of
Representatives.
\(B\) One member appointed by the Minority Leader of the
House of Representatives.
\(C\) One member appointed by the Majority Leader of the
Senate.
\(D\) One member appointed by the Minority Leader of the
Senate.
\(E\) One member representing organized labor organizations,
appointed by the members appointed under subparagraphs \(A\)
through \(D\).
\(3\) Term.—The term of a member of the Public Oversight
Board shall be 3 years, and an individual may not serve as a
member of the Public Oversight Board for more than one term
in any 10-year period.
\(f\) Complaint Process.—
\(1\) In general.—The Chief Ethics Officer shall establish a
method for persons to submit complaints to the Chief Ethics
Officer or Public Oversight Board. Both the Officer and the
Board shall create mechanisms for such complaints to be
received by identified persons or anonymous persons.
\(2\) Deadline for response.—The Chief Ethics Officer and
the Public Oversight Board shall respond to each complaint
received under this subsection within the 30-day period
beginning on the date the complaint was received, and such
response shall include a substantive adjudication as to the
merits of the complaint.
\(g\) Rulemaking Authority.—FIRA may issue such rules as may
be necessary to carry out this title.
SEC. 1704. IDENTIFICATION OF COVERED FOREIGN INVESTMENT
COMMITMENTS.
\(a\) In General.—FIRA shall identify all covered foreign
investment commitments and make available to the public on a
website—
\(1\) a list of such commitments, including the name of the
investing person \(including any beneficial owners thereof\),
the name of the person receiving the investment \(including
any beneficial owners thereof\), and the location of the
commitment;
\(2\) the amount of each such commitment;
\(3\) the obligation date of each such commitment;
\(4\) activities performed under any qualified investments
with respect to each such commitment;
\(5\) any potential or actual conflicts of interests examined
or identified in the context of—
\(A\) each such commitment; and
\(B\) any qualified investment with respect to each such
commitment; and
\(6\) any other relevant information specified by the board
of directors of FIRA.
\(b\) Initial Covered Foreign Investment Commitments.—On the
date of enactment of this Act, the following covered foreign
investment commitments shall be deemed to exist:
\(1\) A covered foreign investment commitment by the People's
Republic of China by the U.S.-China Board of Trade or Board
of Investment or any comparable institution, whether formal
or informal in nature, in an amount and with an obligation
date as determined by FIRA.
\(2\) A covered foreign investment commitment by Japan in the
amount of $550,000,000,000, with the obligation date of the
date of enactment of this Act.
\(3\) A covered foreign investment commitment by South Korea
in the amount of $350,000,000,000, with the obligation date
of the date of enactment of this Act.
\(4\) A covered foreign investment commitment by Taiwan in
the amount of $500,000,000,000 with the obligation date of
the date of enactment of this Act.
SEC. 1705. NOTICE REQUIREMENTS.
\(a\) Investor Notice Requirement.—
\(1\) In general.—Each person making an investment that the
person believes is a covered investment shall—
\(A\) at the beginning of the investment—
\(i\) notify FIRA in writing of the investment;
\(ii\) notify FIRA in writing of the covered foreign
investment commitment to which the covered investment
relates; and
\(iii\) provide FIRA in writing with—
\(I\) a list of the owners of the person making the
investment, including beneficial owners thereof;
\(II\) a list of the owners of the person receiving the
investment, including beneficial owners thereof;
\(III\) a list of any financial advisers involved in making
the investment;
\(IV\) a list of any persons participating in the financing
or underwriting of the investment; and
\(V\) a list of any other interested parties to the
investment; and
\(B\) provide FIRA with written quarterly updates on the
investment until the investment is complete.
\(2\) Requirement applicable to all covered investments.—Any
person making an investment that FIRA determines is a covered
investment shall be subject to the requirements under
paragraph \(1\) regardless of whether the person believes the
investment is a covered investment.
\(3\) Exception for certain unavailable information.—If a
person is required to provide information under paragraph
\(1\)\(A\)\(iii\) that the person does not have at the time the
person is required to provide the information, the person may
instead provide FIRA with such information not later than 5
days after the information becomes known to such person.
\(4\) Attestation requirement.—With respect to each notice
and update required under this subsection, both a senior
official of the person making the investment and a senior
official of the recipient of the investment shall file a
signed attestation stating whether—
\(A\) the investment provides a net economic benefit to the
United States;
\(B\) with respect to each element of the net economic
benefit definition described in subparagraphs \(A\) through \(F\)
of section 1702\(5\), the investment meets such element; and
\(C\) the persons making, receiving, or negotiating the
investment have complied with any applicable ethics and
transparency rules issued under section 1708.
\(b\) Disclosures by Senior Government Officials.—The
President, Vice President, and each cabinet level official
shall file a disclosure with FIRA if they determine or have
reason to believe that they or any family member is a
beneficiary of any covered investment or any investment that
they believe is a covered investment.
\(c\) Distribution of Notices.—FIRA shall ensure that the
Chief Ethics Officer and the Public Oversight Board have
real-time access to all notices, updates, attestations, and
disclosures made under this section.
\(d\) Civil Penalty.—In addition to such other penalties
that may be available, including section 1001 of title 18,
United States Code, any person that fails to make a notice,
update, or attestation, required under this section, or who
knowingly fails to file a disclosure required under this
section, or commits a material misstatement or omission in
connection with the foregoing, shall be subject to—
\(1\) in the case of a notice, update, or attestation
required under this section, a fine in an amount not to
exceed 10 percent of the value of the investment; or
\(2\) in the case of a disclosure required under this
section, a fine in an amount not to exceed 10 percent of the
value of the undisclosed interest.
SEC. 1706. REVIEW OF INVESTMENTS.
\(a\) In General.—
\(1\) In general.—In accordance with this section, FIRA
shall review investments to determine—
\(A\) which investments are covered investments; and
\(B\) which investments qualify as a qualified investment.
\(2\) Review.—
\(A\) Required review of certain investments.—If a person
making or receiving an investment, a foreign government, the
President, or the head of a Federal agency notifies FIRA that
an investment is a covered investment, FIRA shall determine—
\(i\) whether such investment is a covered investment; and
\(ii\) whether such investment is a qualified investment.
\(B\) Identification of other investments.—
\(i\) By fira.—FIRA may review any investment that FIRA
identifies as possibly being a covered investment or
qualified investment.
\(ii\) Petition process.—FIRA shall establish a petition
process under which interested parties may petition FIRA to
review a specific investment.
\(iii\) Standard of review for undeclared investments.—With
respect to an investment for which FIRA was not provided
notice under section 1705 and that FIRA has determined is a
covered investment, the parties to the investment may provide
evidence to FIRA that the investment is not a covered
investment and FIRA shall revoke the determination if the
parties prove by clear and convincing evidence that the
investment is not a covered investment.
\(b\) Qualified Investment Determination.—
\(1\) In general.—FIRA may only determine that a covered
investment is a qualified investment if—
\(A\) the Chief Ethics Officer determines that the parties to
the investment have complied with any applicable ethics and
transparency rules issued under section 1708 or otherwise
required under this title;
\(B\) FIRA determines that the investment provides a net
economic benefit to the United States; and
\(C\) the investment is not prohibited from being a qualified
investment under paragraph \(3\).
\(2\) Heightened review of certain investments.—FIRA shall
provide heightened review for a investment if the person
making or receiving the investment is located in a covered
nation, as such term is defined in section 4872\(f\) of title
10, United States Code.
\(3\) Prohibition on certain investments.—An investment is
not a qualified investment if—
\(A\) the person making or receiving the investment is
itself, is a subsidiary or parent company of, or is otherwise
directly or indirectly controlled by—
\(i\) an entity listed on the UFLPA Entity List maintained by
the Department of Homeland Security pursuant to the Uyghur
Forced Labor Prevention Act;
\(ii\) an entity subject to an active, modified, or partially
modified Withhold Release Order issued by the U.S. Customs
and Border Protection; or
\(iii\) a person or entity with respect to which an entity
described in clause \(i\) or \(ii\) holds a stake of fifteen
percent or greater;
\(B\) the investment violates or could reasonably lead to a
violation of a Federal ethics law, including section 208 of
title 18, United States Code;
\(C\) FIRA determines that the investment more likely than
not was entered into based on a foreign government's or
foreign government official's desire to confer a personal
financial benefit on a government official in the United
States; or
\(D\) the investment allows for subsequent investments using
all or part of the original investment and delegates the
decision-making authority for such subsequent investments to
another person, unless such other person executes a binding
agreement to comply with the same requirements of this title
with respect to such subsequent investments as are applicable
to a qualified investment.
\(4\) Exception for certain investments.—FIRA may determine
that an investment is a qualified investment under paragraph
\(1\) without determining that the investment provides a net
economic benefit to the United States if it is an investment
in—
\(A\) bonds issued by the Federal government, a State, or any
subdivision of a State; or
\(B\) a diversified fund of publicly-traded securities that
tracks a major market index.
\(5\) Investors subject to certain orders.—
\(A\) In general.—Notwithstanding paragraph \(1\), if FIRA
determines that the person making an investment or the person
receiving an investment is subject to a Federal antidumping
duty order, countervailing duty order, or court order in
connection with the violation of Federal intellectual
property laws—
\(i\) FIRA may not determine that such investment is a
qualified investment unless FIRA enters into a mitigation
agreement with the person subject to such order; and
\(ii\) FIRA shall revoke such a determination if FIRA
determines that—
\(I\) the person has failed to comply with the mitigation
agreement; or
\(II\) the person is continuing the violation with respect to
which the order was issued.
\(B\) Mitigation agreement terms.—In entering into any
mitigation agreement under this paragraph, FIRA shall ensure
the agreement includes an appropriate penalty clause, which
may require the payment of a penalty, the divestment of
property related to the investment, or the unwinding of the
investment.
\(C\) Review of mitigation agreements.—FIRA shall review any
mitigation agreement entered into under this paragraph not
less often than quarterly.
\(c\) Treatment of Charitable Donations.—A charitable
donation to an organization described in section 501\(c\)\(3\) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501\(a\) of such Code is not a covered investment or a
qualified investment.
\(d\) Right to Appeal Determinations and Mitigation
Agreements.—
\(1\) Appeal with fira.—
\(A\) In general.—A person receiving an investment may
appeal a determination under this section that the investment
is or is not a qualified investment or the terms of a
mitigation agreement proposed by FIRA by filing an appeal
with FIRA.
\(B\) Limitation.—Notwithstanding subparagraph \(A\), a
determination by FIRA that an investment is not a qualified
investment may only be appealed based on a claim of a factual
error or a procedural or due process violation.
\(C\) Supermajority decision required.—In an appeal made
pursuant to subparagraph \(A\), FIRA may only overturn the
determination or terms of the mitigation agreement by a vote
of at least 6 members of the board of directors.
\(2\) Appeal of determinations with united states district
court.—A determination by FIRA under this section that an
investment is or is not a qualified investment, including
with respect to the reasonableness of FIRA's determination
with respect to factors such as net economic benefit or the
creation of quality jobs or FIRA's compliance or
noncompliance with procedural safeguards under this title,
may be challenged in a United States district court of
competent jurisdiction by—
\(A\) the person receiving the investment;
\(B\) the Chief Ethics Officer;
\(C\) a member of the Public Oversight Board; and
\(D\) any person harmed by the investment or who faces a
tangible risk of being harmed by the investment.
\(e\) Petition for Redetermination.—A person making a
covered investment that FIRA has determined is not a
qualified investment may, if the investor makes material
changes to the investment proposal, petition FIRA for a
redetermination of whether the covered investment is a
qualified investment.
\(f\) Review Period for Qualified Investments.—FIRA shall
continue to review a qualified investment for a 30-day period
beginning on the date that FIRA determines the investment is
a qualified investment in order to assess the net economic
benefit to the United States provided by the qualified
investment, including jobs created by the qualified
investment.
\(g\) Public Notice.—FIRA shall maintain a public website
with a list of all investments that FIRA has reviewed and,
with respect to each investment, stating whether FIRA has
determined it is a covered investment, a qualified
investment, both, or neither.
\(h\) Interagency Consultations.—In carrying out this
section—
\(1\) FIRA may consult with any Federal agency; and
\(2\) a Federal agency shall reasonably cooperate with FIRA
with any information requested by FIRA to assist in FIRA's
duties prescribed under this section, subject to such
safeguards as may be necessary to protect classified or law
enforcement information.
SEC. 1707. MEDIATION AND PROHIBITION AUTHORITY.
\(a\) Mandatory Mediation Authority.—With respect to each
covered investment that FIRA determines is not a qualified
investment, FIRA may require mediation between FIRA and the
person making the covered investment in order to agree on new
terms for the investment that would allow FIRA to determine
that the investment is a qualified investment.
\(b\) Prohibition Authority.—FIRA may suspend or prohibit
any covered investment that is not a qualified investment.
SEC. 1708. APPLICATION OF FEDERAL ETHICS AND TRANSPARENCY
LAWS.
\(a\) Application to Parties to Covered Investments.—FIRA
shall issue rules to apply the Federal ethics and
transparency laws to any person \(including a Federal agency
or foreign government\) making, receiving, or negotiating a
covered investment or an investment that the person believes
is a covered investment, but only to the extent such person
is taking actions in connection with such investment.
\(b\) Specific Laws.—The Federal ethics and transparency
laws described in subsection \(a\) shall, at a minimum, include
the following:
\(1\) Chapter 131 of title 5, United States Code.
\(2\) Subchapter III of chapter 73 of title 5, United States
Code.
\(3\) Sections 201, 203, 205, 207, 208, and 209 of title 18,
United States Code.
\(4\) Section 2635.502 of title 5, Code of Federal
Regulations.
\(5\) Sections 552 and 552b of title 5, United States Code.
SEC. 1709. FULFILLMENT OF COVERED FOREIGN INVESTMENT
COMMITMENTS.
\(a\) Public Notice.—FIRA shall maintain, and regularly
update, on the website described in section 1704\(a\), a
calculation of the amount of all qualified investments
related to a covered foreign investment commitment.
\(b\) Failure to Fulfill Covered Foreign Investment
Commitments.—If, after the end of the 4-year period
beginning on the obligation date of a covered foreign
investment commitment, the amount of qualified investments
related to such covered foreign investment commitment is less
than the covered foreign investment commitment amount, the
President shall enter into negotiations with the country that
made the covered foreign investment commitment to address the
deficit.
SEC. 1710. REPORTING REQUIREMENTS.
\(a\) Annual Report to Congress.—
\(1\) In general.—FIRA shall issue an annual report to the
Congress containing—
\(A\) information on the investments reviewed by FIRA; and
\(B\) any trends or risks identified by FIRA.
\(2\) Classification.—Each report required under paragraph
\(1\) shall be in unclassified form, but may include a
classified annex.
\(b\) Semiannual Report to the Public.—FIRA shall issue a
semiannual public report containing the following:
\(1\) The progress made in implementing this title and
identifying qualified investments.
\(2\) An identification of the jobs created by qualified
investments, including, for each such investment—
\(A\) the compensation provided by such jobs;
\(B\) unionization information related to such jobs; and
\(C\) whether foreign employees have been brought into the
United States to work directly at a facility funded by the
investment or through a contractor.
\(3\) An identification of the inputs used in any production
facility resulting from a qualified investment and the
origination of such inputs.
\(4\) With respect to mitigation agreements entered into by
FIRA—
\(A\) the compliance of the other parties to the mitigation
agreement with the terms of the agreement; and
\(B\) any actions taken by FIRA to enforce the terms of a
mitigation agreement.
\(c\) Quarterly Report by the Chief Ethics Office.—The Chief
Ethics Officer shall issue a quarterly report to Congress,
and make such report available to the public online,
containing a list of all complaints received by the Chief
Ethics Office of Public Oversight Board and the resolution of
each such complaint.
SA 6196. Mr. WYDEN \(for himself, Mr. Fetterman, Mr. Cassidy, Mr. Booker, Mr. McCormick, Mrs. Britt, and Mr. Justice\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ENHANCED CYBERSECURITY FOR SNAP.
\(a\) Short Title.—This section may be cited as the
“Enhanced Cybersecurity for SNAP Act of 2026”.
\(b\) Definition of EBT Card.—Section 3\(i\) of the Food and
Nutrition Act of 2008 \(7 U.S.C. 2012\(i\)\) is amended by
inserting “\(or any successor electronic benefit transfer
product\)” before the period at the end.
\(c\) Enhanced Cybersecurity and Online Transaction Security
for EBT Cards.—Section 7\(h\) of the Food and Nutrition Act of
2008 \(7 U.S.C. 2016\(h\)\) is amended by adding at the end the
following:
“\(15\) Cybersecurity of ebt cards.—
“\(A\) Definitions.—In this paragraph:
“\(i\) Chip-enabled.—
“\(I\) In general.—The term \`chip-enabled', with respect to
a payment card, means a payment card that uses industry
standard secure payment technology, as identified by the
Secretary, in consultation with the Secretary of the Treasury
and the Director of the National Institute of Standards and
Technology, that—
“\(aa\) provides for secure card-based payment; and
“\(bb\) is resistant to cloning.
“\(II\) Chip card technology.—The Secretary, in
consultation with the Secretary of the Treasury and the
Accredited Standards Committee X9, shall consider whether the
secure payment technology described in subclause \(I\) should
meet the industry standards for contact and contactless
payments.
“\(ii\) Mobile friendly.—The term \`mobile friendly' has the
meaning given the term in section 3559\(b\) of title 44, United
States Code.
“\(iii\) NIST pin and password standards.—The term \`NIST
PIN and password standards' means the PIN and password
standards described in Special Publication 800-63B entitled
\`Digital Identity Guidelines' \(or a successor document\) of
the National Institute of Standards and Technology.
“\(iv\) PIN.—The term \`PIN' has the meaning given the term
\`personal identification number \(PIN\)' in section 271.2 of
title 7, Code of Federal Regulations \(or a successor
regulation\).
“\(B\) Regulations.—
“\(i\) In general.—Not later than 2 years after the date of
enactment of this paragraph, the Secretary shall promulgate,
and every 5 years thereafter, the Secretary shall review and
update as necessary, cybersecurity and digital service
regulations relating to EBT cards and mobile technologies
under the supplemental nutrition assistance program,
including, at a minimum, to ensure that cybersecurity
measures for EBT cards and mobile technologies keep pace with
security safeguards used by the private sector and required
by Federal agencies for credit, debit, and other payment
cards and mobile technologies.
“\(ii\) Requirements.—The Secretary shall ensure that the
cybersecurity and digital service regulations described in
clause \(i\) require the following:
“\(I\)\(aa\) Each State agency shall operate the user
interfaces listed on the list of required user interfaces
maintained by the Secretary under item \(dd\)\(AA\), in
accordance with this subclause, 1 or more user interfaces of
which households in the State may, at the election of the
applicable household, use to manage the EBT account of the
applicable household.
“\(bb\)\(AA\) A State agency may operate other user interfaces
under item \(aa\) in addition to the required user interfaces
on the list maintained by the Secretary under item \(dd\)\(AA\).
“\(BB\) Any web-based online portal operated by a State
agency as a user interface shall be mobile friendly.
“\(cc\) Each user interface offered by a State agency under
items \(aa\) and \(bb\), as applicable, shall—
“\(AA\) provide information in each language in which the
State agency is required to make material available pursuant
to section 272.4\(b\) of title 7, Code of Federal Regulations
\(or a successor regulation\);
“\(BB\) be available to households at least 99 percent of
the time; and
“\(CC\) include any other features required by the
Secretary.
“\(dd\)\(AA\) The Secretary shall maintain a list of required
user interfaces for purposes of item \(aa\), which may include
a web-based online portal and a mobile application.
“\(BB\) During the 10-year period following the date on
which the regulations promulgated pursuant to clause \(i\)
become final, unless the Secretary extends that period, the
Secretary shall maintain on the list under subitem \(AA\) the
following user interfaces: text message, voice telephone
service, and United States Postal Service mail.
“\(II\)\(aa\) Each State agency shall provide to households on
an opt-in basis—
“\(AA\) through each digital user interface offered under
subclause \(I\), timely electronic notice of transactions using
the EBT account of the household; and
“\(BB\) through digital or practicable user interfaces
offered under subclause \(I\), access to, including the ability
to search, historical transactions for not less than the
preceding 12 months.
“\(bb\) Transaction information under subitems \(AA\) and \(BB\)
of item \(aa\) shall include the amount of the transaction, the
merchant for the transaction, and the city and State of the
merchant.
“\(cc\) Each State agency shall offer households the
ability, through each user interface offered under subclause
\(I\), to report a fraudulent transaction to the State agency.
“\(dd\) A State agency shall not require a household to
respond to or acknowledge a notice of transaction delivered
pursuant to item \(aa\)\(AA\).
“\(ee\) A State agency shall notify any household that has
reported an instance of EBT card skimming or fraud, or is
otherwise identified as being a victim of EBT card skimming
or fraud, of—
“\(AA\) any State or Federal funds that may be reimbursed if
the household experiences fraud again; and
“\(BB\) the ability of the household to apply fraud-
prevention measures.
“\(III\) Each State agency shall provide households issued
an EBT card the ability to check, through each user interface
offered under subclause \(I\), the enrollment status of the
household.
“\(IV\) Except as provided in clause \(iii\)\(I\), not later
than 2 years after the date on which the regulations
promulgated pursuant to clause \(i\) become final, State
agencies shall begin issuing chip-enabled EBT cards.
“\(V\) Except as provided in clause \(iii\)\(I\), not later than
4 years after the date on which the regulations promulgated
pursuant to clause \(i\) become final, State agencies may not
issue new EBT cards with magnetic stripes.
“\(VI\) Except as provided in subclauses \(I\) and \(II\) of
clause \(iii\), not later than 5 years after the date on which
the regulations promulgated pursuant to clause \(i\) become
final, State agencies shall be required to reissue any
existing valid EBT cards with magnetic stripes as chip-
enabled EBT cards without magnetic stripes.
“\(VII\) In the case of a chip-enabled EBT card reissued
pursuant to any of subclauses \(IV\) through \(VI\), absent
suspicion of fraud, as applicable, a State agency shall—
“\(aa\) reissue a new chip-enabled EBT card; and
“\(bb\) deactivate the current chip-enabled EBT card on the
earlier of—
“\(AA\) the date on which the new chip-enabled EBT card is
activated; and
“\(BB\) 90 days after the date on which the new chip-enabled
EBT card is sent to the household.
“\(iii\) Exceptions.—
“\(I\) Waivers.—The Secretary may issue a 1-time waiver of
an applicable deadline described in subclause \(IV\), \(V\), or
\(VI\) of clause \(ii\) with respect to a State agency, subject
to the conditions that—
“\(aa\) the State agency shall submit to the Secretary a
request for the waiver;
“\(bb\) the Secretary and the State agency shall agree that
insufficient adoption of payment terminals that accept chip-
enabled EBT cards has occurred among retail food stores in
the State;
“\(cc\) the waiver may extend the applicable deadline by not
more than 180 days; and
“\(dd\) the Secretary may not issue more than 2 waivers
pursuant to this subclause for a single State agency.
“\(II\) Early adopters.—The deadline described in clause
\(ii\)\(VI\) shall not apply to any State agency that commenced
the issuance of chip-enabled EBT cards without magnetic
stripes before the date of enactment of the Enhanced
Cybersecurity for SNAP Act of 2026.
“\(iv\) Sunset for requirement to use chip technology.—
“\(I\) In general.—Except as provided in subclause \(II\),
under the cybersecurity regulations described in clause \(i\),
all EBT cards issued during the 5-year period beginning on
the deadline for carrying out clause \(ii\)\(VI\) shall be chip-
enabled, unless the Secretary—
“\(aa\) provides a waiver for the applicable State agency
pursuant to clause \(iii\)\(I\); or
“\(bb\) extends that period for all State agencies.
“\(II\) Exceptions.—Subclause \(I\) shall not apply to EBT
cards issued—
“\(aa\) by a State agency described in clause \(iii\)\(II\);
“\(bb\) to victims of a disaster pursuant to section 5\(h\);
or
“\(cc\) solely for benefits under the summer electronic
benefits transfer for children program established under
section 13A of the Richard B. Russell National School Lunch
Act \(42 U.S.C. 1762\).
“\(III\) Successor electronic benefit transfer products.—
Effective beginning on the first day after the 5-year period
described in subclause \(I\), the Secretary may implement a
successor electronic benefit transfer product to a chip-
enabled EBT card required under this subparagraph pursuant to
a review of EBT card security measures conducted under clause
\(i\).
“\(v\) Rule of construction.—The cybersecurity and digital
service regulations described in clause \(i\) shall supersede
any regulations promulgated pursuant to section 501\(a\)\(2\) of
division HH of the Consolidated Appropriations Act, 2023 \(7
U.S.C. 2016a\(a\)\(2\)\).
“\(C\) Reimbursement.—Notwithstanding any other provision
of this Act, each State agency upgrading EBT cards to comply
with the regulations promulgated pursuant to subparagraph
\(B\)\(i\) shall receive full reimbursement from the Secretary
for all reasonable costs incurred by the State agency during
the 5-year period beginning on the date on which the
regulations become final, including—
“\(i\) the 1-time up-front costs paid by the State agency to
EBT card vendors;
“\(ii\) the additional annual fees associated with chip-
enabled cards paid by State agencies to EBT card vendors; and
“\(iii\) postage or other delivery-related costs.
“\(D\) Prohibition on password and pin requirements
inconsistent with federal cybersecurity standards.—Effective
beginning on the date that is 1 year after the date of
enactment of this paragraph, a State agency may not require,
with respect to a PIN for use of an EBT card or a password
for access to an online account or mobile application
managing the EBT card, that—
“\(i\) the PIN or password be periodically changed in
circumstances that are prohibited by the NIST PIN and
password standards; or
“\(ii\) the password meet complexity requirements that are
prohibited by the NIST PIN and password standards.
“\(E\) Grant program for chip-enabled ebt cards.—
“\(i\) Definitions.—In this subparagraph:
“\(I\) Administering entity.—The term \`administering
entity' means an entity awarded a grant under clause \(ii\) to
provide subgrants to eligible entities.
“\(II\) Eligible entity.—The term \`eligible entity' means—
“\(aa\) an entity described in paragraph \(1\) or \(3\) of
section 3\(o\) that—
“\(AA\) is authorized to participate in the supplemental
nutrition assistance program under section 9;
“\(BB\) does not have payment terminals that accept chip-
enabled EBT cards; and
“\(CC\) is located in an area with limited grocery access,
as determined by the Secretary; and
“\(bb\) an entity described in paragraph \(2\), \(4\), or \(5\) of
section 3\(o\) that meets the requirements described in
subitems \(AA\) and \(BB\) of item \(aa\).
“\(ii\) Grants.—The Secretary shall establish a grant
program to award a grant to an administering entity to
provide subgrants to eligible entities to upgrade to chip-
compatible payment terminals that support contact and
contactless payment card technology.
“\(iii\) Authorization of appropriations.—There is
authorized to be appropriated to the Secretary to carry out
this subparagraph $15,000,000 for each of fiscal years 2027
through 2031.
“\(iv\) Sunset.—The grant program under this subparagraph
shall terminate on September 30, 2031.
“\(F\) Public reports.—
“\(i\) In general.—Not later than 1 year after the date of
enactment of this paragraph, and every 2 years thereafter
during the 5-year period beginning on the date on which the
regulations promulgated pursuant to subparagraph \(B\)\(i\)
become final, the Secretary shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate and the
Committee on Agriculture of the House of Representatives, and
make publicly available on the website of the Department of
Agriculture, a report that, to the maximum extent
practicable—
“\(I\) identifies trends relating to the theft of benefits,
including—
“\(aa\) the frequency of theft of benefits;
“\(bb\) the locations at which EBT cards are compromised;
“\(cc\) the methods by which EBT cards are compromised;
“\(dd\) the number and value of reported thefts from online
EBT card transactions; and
“\(ee\) the relevant online retailers most commonly
compromised;
“\(II\) evaluates the effectiveness of existing
cybersecurity regulations for the supplemental nutrition
assistance program, including identifying ineffective
measures and the compliance burden borne by individual
benefit recipients;
“\(III\) describes—
“\(aa\) the measures and methods developed, and
considerations taken, under paragraph \(16\)\(A\); and
“\(bb\) the determinations made under paragraph \(16\)\(B\)\(ii\);
“\(IV\) describes the efforts of State agencies—
“\(aa\) to update cybersecurity measures for EBT cards; and
“\(bb\) to reimburse stolen benefits;
“\(V\) examines usability issues of EBT cards, including
issues that present barriers to households using benefits or
affect fraud prevention goals; and
“\(VI\) recommends potential new methods to consistently
detect, track, report, and prevent theft of benefits,
including theft of data described in paragraph \(16\)\(A\)\(i\)\(I\).
“\(ii\) Restricted annex.—A publicly available report under
this subparagraph—
“\(I\) shall exclude any information that—
“\(aa\) relates to methods to exploit EBT card and
cybersecurity weaknesses, as determined by the Secretary; or
“\(bb\) is identifying or proprietary merchant information;
but
“\(II\) may include information described in subclause \(I\)
in a nonpublicly available annex.
“\(16\) Online transaction security.—
“\(A\) In general.—In promulgating and updating, as
necessary, the regulations under paragraph \(15\)\(B\)\(i\), the
Secretary shall, with respect to online transactions using
EBT cards—
“\(i\) require security measures that—
“\(I\) are effective in detecting and preventing theft of
benefits through online transactions, including the theft of
data from online merchants that may compromise the ability of
a household to use benefits in transactions with other
merchants, either online or in-person; and
“\(II\) prevent sensitive data from being stolen during
online transactions and securely manage sensitive data
generated by online transactions, including through
cybersecurity enhancements for online retailers;
“\(ii\) establish standard reporting methods for State
agencies to collect and share with the Secretary data on the
scope of benefits and data being stolen through online
transactions; and
“\(iii\) in carrying out clauses \(i\) and \(ii\), take into
consideration the feasibility of cost, availability, and
implementation for State agencies.
“\(B\) Consultation.—In carrying out subparagraph \(A\), the
Secretary shall consult with the Director of the
Administration for Children and Families, the Attorney
General of the United States, the Director of the Secret
Service, State agencies, retail food stores, and EBT card
contractors—
“\(i\) regarding the measures, methods, and considerations
under that subparagraph; and
“\(ii\) to determine—
“\(I\) how benefits are being stolen and sensitive data are
being compromised through online transactions; and
“\(II\) how those stolen benefits and data are being
used.”.
\(d\) Ensuring No Loss of Access to Benefits Due to EBT Card
Damage, Loss, or Fraud.—Section 7\(h\)\(7\) of the Food and
Nutrition Act of 2008 \(7 U.S.C. 2016\(h\)\(7\)\) is amended—
\(1\) by striking “Regulations” and inserting the
following:
“\(A\) In general.—Regulations”; and
\(2\) by adding at the end the following:
“\(B\) Ensuring no loss of access to benefits due to ebt
card damage, loss, or fraud.—Not later than 1 year after the
date of enactment of the Enhanced Cybersecurity for SNAP Act
of 2026, the Secretary shall promulgate regulations requiring
the following:
“\(i\) If an EBT card is damaged, no longer functions
properly, is stolen, or is frozen due to fraud, the
applicable State agency shall take the necessary steps to
ensure that a replacement EBT card is issued to the
applicable household, either by mail or in person, as
selected by the household, not later than 5 business days
after the State agency receives from the household a request
for a replacement EBT card.
“\(ii\) A State agency shall not require, but may offer as
an option, in-person collection of a new or replacement EBT
card.”.
\(e\) No Replacement Fees for Certain EBT Cards.—Section
7\(h\)\(8\)\(A\) of the Food and Nutrition Act of 2008 \(7 U.S.C.
2016\(h\)\(8\)\(A\)\) is amended—
\(1\) by striking “A State agency” and inserting the
following:
“\(i\) In general.—Subject to clauses \(ii\) and \(iii\), a
State agency”; and
\(2\) by adding at the end the following:
“\(ii\) Exceptions.—Effective beginning on the date that is
60 days after the date of enactment of the Enhanced
Cybersecurity for SNAP Act of 2026, a State agency may not
collect a charge under clause \(i\) if—
“\(I\) the EBT card to be replaced has not been replaced for
any reason more than 3 times during the 1-year period ending
on the date on which the replacement EBT card is issued; or
“\(II\) the replacement of the EBT card is due to—
“\(aa\) theft of, or fraud relating to, the EBT card; or
“\(bb\) required replacement in compliance with the
regulations promulgated pursuant to paragraph \(15\)\(B\)\(i\).
“\(iii\) Amount.—The amount of a charge under clause \(i\)
shall be equal to not more than the cost of issuing the
replacement EBT card.”.
\(f\) Requirement for Retailer Use of Chip-enabled Payment
Terminals as a Condition of SNAP Participation.—Section 9\(a\)
of the Food and Nutrition Act of 2008 \(7 U.S.C. 2018\(a\)\) is
amended—
\(1\) in paragraph \(2\)—
\(A\) by striking “\(2\) The Secretary” and inserting the
following:
“\(2\) Regulations.—The Secretary”; and
\(B\) by indenting the margins of subparagraphs \(A\) and \(B\)
appropriately;
\(2\) by indenting the margin of paragraph \(3\) appropriately;
and
\(3\) by adding at the end the following:
“\(5\) Chip-enabled payment terminals.—
“\(A\) In general.—Except as provided in subparagraph \(B\),
not later than 180 days after the date on which the
regulations promulgated pursuant to section 7\(h\)\(15\)\(B\)\(i\)
become final, the Secretary shall require retail food stores
and wholesale food concerns seeking authorization or
reauthorization to accept and redeem benefits under the
supplemental nutrition assistance program to have a chip-
enabled \(as defined in section 7\(h\)\(15\)\(A\)\) payment terminal
at each retail location of the retail food store or wholesale
food concern.
“\(B\) Exception.—Subparagraph \(A\) shall not apply to any
transaction involving a retail food store or wholesale food
concern that occurs exclusively online.”.
\(g\) GAO Report.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Agriculture,
Nutrition, and Forestry of the Senate and the Committee on
Agriculture of the House of Representatives a report that
describes—
\(1\) the actions carried out by State agencies \(as defined
in section 3 of the Food and Nutrition Act of 2008 \(7 U.S.C.
2012\)\), retail food stores \(as defined in that section\), and
wholesale food concerns \(within the meaning of that Act \(7
U.S.C. 2011 et seq.\)\) to decrease or eliminate risks with
respect to transactions involving EBT cards \(as defined in
that section\);
\(2\) the feasibility of the actions described in paragraph
\(1\); and
\(3\) the impact of the risks described in paragraph \(1\) on—
\(A\) implementation of the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
\(7 U.S.C. 2011 et seq.\) by those retail food stores and
wholesale food concerns; and
\(B\) the redemption of benefits \(as defined in section 3 of
that Act \(7 U.S.C. 2012\)\) by recipients.
\(h\) Report on EBT Cards Issued in Puerto Rico.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of
the House of Representatives, and make publicly available on
the website of the Department of Agriculture, a report on the
security of EBT cards \(as defined in section 3 of the Food
and Nutrition Act of 2008 \(7 U.S.C. 2012\)\) issued in the
Commonwealth of Puerto Rico, including—
\(A\) the resistance of those EBT cards to cloning; and
\(B\) if appropriate, recommendations for improving the
security of the electronic benefit transfer system against
EBT card cloning-based fraud.
\(2\) Restricted annex.—A publicly available report under
this subsection—
\(A\) shall exclude any information that—
\(i\) relates to methods to exploit EBT card and
cybersecurity weaknesses, as determined by the Secretary of
Agriculture; or
\(ii\) is identifying or proprietary merchant information;
but
\(B\) may include information described in subparagraph \(A\)
in a nonpublicly available annex.
SA 6197. Ms. CORTEZ MASTO \(for herself and Mr. Risch\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. HARDROCK MINING MILL SITES.
\(a\) Multiple Mill Sites.—Section 2337 of the Revised
Statutes \(30 U.S.C. 42\) is amended by adding at the end the
following:
“\(c\) Additional Mill Sites.—
“\(1\) Definitions.—In this subsection:
“\(A\) Mill site.—The term \`mill site' means a location of
public land that is reasonably necessary for waste rock or
tailings disposal or other operations reasonably incident to
mineral development on, or production from land included in a
plan of operations.
“\(B\) Operations; operator.—The terms \`operations' and
\`operator' have the meanings given those terms in section
3809.5 of title 43, Code of Federal Regulations \(as in effect
on the date of enactment of this subsection\).
“\(C\) Plan of operations.—The term \`plan of operations'
means a plan of operations that an operator must submit and
the Secretary of the Interior or the Secretary of
Agriculture, as applicable, must approve before an operator
may begin operations, in accordance with, as applicable—
“\(i\) subpart 3809 of title 43, Code of Federal Regulations
\(or successor regulations establishing application and
approval requirements\); and
“\(ii\) part 228 of title 36, Code of Federal Regulations
\(or successor regulations establishing application and
approval requirements\).
“\(D\) Public land.—The term \`public land' means land owned
by the United States that is open to location under sections
2319 through 2344 of the Revised Statutes \(30 U.S.C. 22 et
seq.\), including—
“\(i\) land that is mineral-in-character \(as defined in
section 3830.5 of title 43, Code of Federal Regulations \(as
in effect on the date of enactment of this subsection\)\);
“\(ii\) nonmineral land \(as defined in section 3830.5 of
title 43, Code of Federal Regulations \(as in effect on the
date of enactment of this subsection\)\); and
“\(iii\) land where the mineral character has not been
determined.
“\(2\) In general.—Notwithstanding subsections \(a\) and \(b\),
where public land is needed by the proprietor of a lode or
placer claim for operations in connection with any lode or
placer claim within the proposed plan of operations, the
proprietor may—
“\(A\) locate and include within the plan of operations as
many mill site claims under this subsection as are reasonably
necessary for its operations; and
“\(B\) use or occupy public land in accordance with an
approved plan of operations.
“\(3\) Mill sites convey no mineral rights.—A mill site
under this subsection does not convey mineral rights to the
locator.
“\(4\) Size of mill sites.—A location of a single mill site
under this subsection shall not exceed 5 acres.
“\(5\) Mill site and lode or placer claims on same tracts of
public land.—A mill site may be located under this
subsection on a tract of public land on which the claimant or
operator maintains a previously located lode or placer claim.
“\(6\) Effect on mining claims.—The location of a mill site
under this subsection shall not affect the validity of any
lode or placer claim, or any rights associated with such a
claim.
“\(7\) Patenting.—A mill site under this section shall not
be eligible for patenting.
“\(8\) Savings provisions.—Nothing in this subsection—
“\(A\) diminishes any right \(including a right of entry,
use, or occupancy\) of a claimant;
“\(B\) creates or increases any right \(including a right of
exploration, entry, use, or occupancy\) of a claimant on land
that is not open to location under the general mining laws;
“\(C\) modifies any provision of law or any prior
administrative action withdrawing land from location or
entry;
“\(D\) limits the right of the Federal Government to
regulate mining and mining-related activities \(including
requiring claim validity examinations to establish the
discovery of a valuable mineral deposit\) in areas withdrawn
from mining, including under—
“\(i\) the general mining laws;
“\(ii\) the Federal Land Policy and Management Act of 1976
\(43 U.S.C. 1701 et seq.\);
“\(iii\) the Wilderness Act \(16 U.S.C. 1131 et seq.\);
“\(iv\) sections 100731 through 100737 of title 54, United
States Code;
“\(v\) the Endangered Species Act of 1973 \(16 U.S.C. 1531 et
seq.\);
“\(vi\) division A of subtitle III of title 54, United
States Code \(commonly referred to as the \`National Historic
Preservation Act'\); or
“\(vii\) section 4 of the Act of July 23, 1955 \(commonly
known as the \`Surface Resources Act of 1955'\) \(69 Stat. 368,
chapter 375; 30 U.S.C. 612\);
“\(E\) restores any right \(including a right of entry, use,
or occupancy, or right to conduct operations\) of a claimant
that—
“\(i\) existed prior to the date on which the land was
closed to, or withdrawn from, location under the general
mining laws; and
“\(ii\) that has been extinguished by such closure or
withdrawal; or
“\(F\) modifies section 404 of division E of the
Consolidated Appropriations Act, 2024 \(Public Law 118-42\).”.
\(b\) Abandoned Hardrock Mine Fund.—
\(1\) Establishment.—There is established in the Treasury of
the United States a separate account, to be known as the
“Abandoned Hardrock Mine Fund” \(referred to in this
subsection as the “Fund”\).
\(2\) Source of deposits.—Any amounts collected by the
Secretary of the Interior pursuant to the claim maintenance
fee under section 10101\(a\)\(1\) of the Omnibus Budget
Reconciliation Act of 1993 \(30 U.S.C. 28f\(a\)\(1\)\) on mill
sites located under subsection \(c\) of section 2337 of the
Revised Statutes \(30 U.S.C. 42\) shall be deposited into the
Fund.
\(3\) Use.—The Secretary of the Interior may make
expenditures from amounts available in the Fund, without
further appropriations, only to carry out section 40704 of
the Infrastructure Investment and Jobs Act \(30 U.S.C. 1245\).
\(4\) Allocation of funds.—Amounts made available under
paragraph \(3\)—
\(A\) shall be allocated in accordance with section
40704\(e\)\(1\) of the Infrastructure Investment and Jobs Act \(30
U.S.C. 1245\(e\)\(1\)\); and
\(B\) may be transferred in accordance with section
40704\(e\)\(2\) of that Act \(30 U.S.C. 1245\(e\)\(2\)\).
\(c\) Clerical Amendments.—Section 10101 of the Omnibus
Budget Reconciliation Act of 1993 \(30 U.S.C. 28f\) is
amended—
\(1\) by striking “the Mining Law of 1872 \(30 U.S.C. 28-
28e\)” each place it appears and inserting “sections 2319
through 2344 of the Revised Statutes \(30 U.S.C. 22 et
seq.\)”;
\(2\) in subsection \(a\)—
\(A\) in paragraph \(1\)—
\(i\) in the second sentence, by striking “Such claim
maintenance fee” and inserting the following:
“\(B\) Fee.—The claim maintenance fee under subparagraph
\(A\)”; and
\(ii\) in the first sentence, by striking “The holder of”
and inserting the following:
“\(A\) In general.—The holder of”; and
\(B\) in paragraph \(2\)—
\(i\) in the second sentence—
\(I\) by striking “the Mining Law of 1872 \(30 U.S.C. 28 to
28e\)” and inserting “sections 2319 through 2344 of the
Revised Statutes \(30 U.S.C. 22 et seq.\)”; and
\(II\) by striking “Such claim maintenance fee” and
inserting the following:
“\(B\) Fee.—The claim maintenance fee under subparagraph
\(A\)”; and
\(ii\) in the first sentence, by striking “The holder of”
and inserting the following:
“\(A\) In general.—The holder of”; and
\(3\) in subsection \(b\)—
\(A\) in the second sentence, by striking “The location
fee” and inserting the following:
“\(2\) Fee.—The location fee”; and
\(B\) in the first sentence, by striking “The claim main
tenance fee” and inserting the following:
“\(1\) In general.—The claim maintenance fee”.
SA 6198. Mr. WARNOCK \(for himself and Mr. Kennedy\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. ASSESSMENT OF TRANS-ATLANTIC SUBMARINE FIBER OPTIC
CABLE.
\(a\) Report.—Not later than 1 year after the date of the
enactment of this Act, the Secretary, in consultation with
the heads of other Federal departments and agencies as
necessary, shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing an assessment of the value, cost, and feasibility
of a trans-Atlantic submarine fiber optic cable connecting
the contiguous United States, the United States Virgin
Islands, Ghana, and Nigeria, to enhance the national security
of the United States.
\(b\) Elements.—The report required by subsection \(a\) shall
include an assessment of—
\(1\) the digital security, national security, and economic
opportunities associated with a trans-Atlantic submarine
fiber optic cable described in subsection \(a\);
\(2\) the lifespan of submarine fiber optic cables currently
connecting the United States Virgin Islands to the contiguous
United States;
\(3\) the current security of telecommunications between the
contiguous United States and the United States Virgin
Islands;
\(4\) the readiness of telecommunications infrastructure in
the United States Virgin Islands to support a trans-Atlantic
submarine fiber optic cable described in subsection \(a\);
\(5\) the potential for engagement with trusted entities in
the deployment of a trans-Atlantic submarine fiber optic
cable described in subsection \(a\), and the associated
geopolitical and economic advantages;
\(6\) the potential connectivity opportunities to maximize
investments in the United States economy through the use of a
trans-Atlantic submarine fiber optic cable described in
subsection \(a\);
\(7\) the value, cost, and feasibility of establishing a data
center and high-security cloud services facility, with
independent power generation, in the United States Virgin
Islands for communications of the United States Africa
Command, communications of the United States Special
Operations Command, and national security communications;
\(8\) the state of submarine fiber optic cables connected to
United States telecommunications infrastructure; and
\(9\) any other related matters the Secretary determines are
appropriate.
\(c\) No Mandatory Data Collection.—The Secretary may not
require any entity to provide data for purposes of preparing
the report required by subsection \(a\).
\(d\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.
\(e\) Definitions.—In this section:
\(1\) Not trusted.—The term “not trusted” means, with
respect to an entity, that the entity is determined by the
Secretary to pose an unacceptable risk to the national
security of the United States, or the security and safety of
United States persons, based solely on one or more
determination described under paragraphs \(1\) through \(4\) of
section 2\(c\) of the Secure and Trusted Communications
Networks Act of 2019 \(47 U.S.C. 1601\(c\)\).
\(2\) Secretary.—The term “Secretary” means the Secretary
of Commerce, acting through the Assistant Secretary of
Commerce for Communications and Information.
\(3\) Trusted.—The term “trusted” means, with respect to
an entity, that the Secretary has not determined that the
entity is not trusted.
SA 6199. Mr. WARNOCK \(for himself and Mr. Kennedy\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. ASSESSMENT OF TRANS-ATLANTIC SUBMARINE FIBER OPTIC
CABLE.
\(a\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Finance and the Committee on Foreign
Relations of the Senate; and
\(B\) the Committee on Ways and Means and the Committee on
Foreign Affairs of the House of Representatives.
\(2\) Covered cable.—The term “covered cable” means a
trans-Atlantic submarine fiber optic cable described in
subsection \(b\).
\(3\) Director.—The term “Director” means the Director of
the Trade and Development Agency.
\(4\) Not trusted.—The term “not trusted” means, with
respect to an entity, that the entity is determined by the
Director to pose an unacceptable risk to the national
security of the United States or the security and safety of
United States persons based solely on one or more
determinations described in paragraphs \(1\) through \(4\) of
section 2\(c\) of the Secure and Trusted Communications
Networks Act of 2019 \(47 U.S.C. 1601\(c\)\).
\(5\) Trusted.—The term “trusted” means, with respect to
an entity, that the Director has not determined that the
entity is not trusted.
\(b\) Report.—Not later than 1 year after the date of the
enactment of this Act, the Director, in consultation with the
heads of other Federal departments and agencies as necessary,
shall submit to the appropriate congressional committees a
report containing an assessment of the value, cost, and
feasibility of a trans-Atlantic submarine fiber optic cable
connecting the contiguous United States and Western Africa,
and potentially the United States Virgin Islands, to enhance
the national security of the United States.
\(c\) Elements.—The report required by subsection \(b\) shall
include an assessment of—
\(1\) the digital security, national security, and economic
opportunities associated with a covered cable;
\(2\) the security of telecommunications between the
contiguous United States and the continent of Africa as of
the date of the report;
\(3\) the potential for engagement with trusted entities in
the deployment of a covered cable, and the associated
geopolitical and economic advantages;
\(4\) the potential connectivity opportunities to maximize
investments in the United States economy through the use of a
covered cable;
\(5\) the state of submarine fiber optic cables connected to
United States telecommunications infrastructure; and
\(6\) any other related matters the Director determines are
appropriate.
\(d\) No Mandatory Data Collection.—The Director may not
require any entity to provide data for purposes of preparing
the report required by subsection \(b\).
\(e\) Form.—The report required by subsection \(b\) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.
SA 6200. Mr. SHEEHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . CONTINUED OPERATION OF CERTAIN AIRPORTS.
\(a\) In General.—Notwithstanding any other provision of
law, including any agreement, release, settlement, or consent
decree, any real property or any interest in real property,
including a leasehold or easement, conveyed by the United
States pursuant to the Surplus Property Act of 1944 \(Public
Law 78-457; 58 Stat. 765\) or pursuant to any successor
statute, for use as an airport, shall be deemed a defense
asset and, to the extent that the airport that was the
subject of the conveyance, irrespective of the current status
of the conveyance continues to be in use a public airport as
of the date of enactment of this section, such airport shall
remain in operation as a public airport, and may not be
permanently closed, disposed of, or in any other manner
converted to a non-airport use by any means except as
specifically authorized by an Act of Congress.
\(b\) Compliance Authority.—The Secretary of Transportation
and the Administrator of the Federal Aviation Administration
shall ensure compliance with this section.
SA 6201. Mr. HAGERTY \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. STRATEGIC INFRASTRUCTURE PARTNERSHIP INITIATIVE.
\(a\) Establishment.—The Director of the Trade and
Development Agency, in coordination with the Commander of the
United States Indo-Pacific Command, shall establish a
Strategic Infrastructure Partnership Initiative \(in this
section referred to as the “Initiative”\) to advance the
identification, development, and implementation of high-
quality, resilient, and secure infrastructure projects across
the Indo-Pacific region.
\(b\) Infrastructure Projects.—In carrying out the
Initiative, the Trade and Development Agency shall utilize
its project preparation tools, including feasibility studies,
technical assistance, and pilot projects, informed by
strategic assessments and regional engagement of the United
States Indo-Pacific Command, to develop a pipeline of
infrastructure projects aligned with the national security
and economic development interests of the United States.
\(c\) Priorities.—The Initiative shall prioritize dual-use
infrastructure, including ports, airports and airfields,
energy systems, digital and telecommunication networks, and
logistics facilities that support civilian economic
development, regional stability, and security objectives.
\(d\) Engagement.—The Initiative shall include the
establishment of—
\(1\) a pipeline for the Trade and Development Agency and the
United States Indo-Pacific Command to share information on a
quarterly basis;
\(2\) a formal liaison exchange; and
\(3\) structured engagement with like-minded countries and
United States private sector entities.
\(e\) Best Practices.—The Trade and Development Agency, in
coordination with the United States Indo-Pacific Command,
shall incorporate best practices for infrastructure
resilience, including cybersecurity and physical security
standards, environmental, and social impact assessments into
project design and implementation.
\(f\) Report Required.—Not later than 180 day after the date
of the enactment of this Act, the Director of the Trade and
Development Agency shall submit to the appropriate committees
of Congress a report that includes—
\(1\) a plan to expand the Initiative to other geographic
combatant commands; and
\(2\) an assessment of the feasibility and resources
necessary for such an expansion.
\(g\) Rule of Construction.—Nothing in this section shall be
construed to alter, supersede, or otherwise affect any
authorities, restrictions, or eligibility requirements
existing on the day before the date of the enactment of this
Act applicable to foreign assistance programs administered by
any Federal agency, including determinations regarding the
eligibility of countries for such assistance made pursuant to
the Foreign Assistance Act of 1961 \(22 U.S.C. 2151 et seq.\)
or any other provision of law.
\(h\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SA 6202. Mr. CASSIDY \(for himself, Mrs. Britt, and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Humanoid ROBOT Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Humanoid Robotics
Oversight and Blocking of Obtainment from Totalitarians Act
of 2026” or the “Humanoid ROBOT Act of 2026”.
SEC. 1282. DEFINITIONS.
In this subtitle:
\(1\) Artificial intelligence.—The term “artificial
intelligence” has the meaning given that term in section
5002 of the National Artificial Intelligence Initiative Act
of 2020 \(15 U.S.C. 9401\).
\(2\) Country of concern.—The term “country of concern”
has the meaning given the term “covered nation” in section
4872 of title 10, United States Code.
\(3\) Covered entity.—The term “covered entity” means—
\(A\) the government of a country of concern;
\(B\) a political party of a country of concern;
\(C\) a foreign entity of concern \(as defined in section 9901
of the William M. \(Mac\) Thornberry National Defense
Authorization Act for Fiscal Year 2021 \(15 U.S.C. 4651\)\);
\(D\) an entity identified by the Secretary of Defense under
section 1260H\(a\) of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(Public Law
116-283; 10 U.S.C. 113 note\) as a Chinese military company
operating directly or indirectly in the United States;
\(E\) an entity with its headquarters located in, organized
under the laws of, or otherwise subject to the jurisdiction
of, a country of concern; or
\(F\) an entity owned or controlled by, or under common
ownership or control with, an entity described in any of
subparagraphs \(A\) through \(E\).
\(4\) Humanoid robot.—The term “humanoid robot” means an
autonomous or semi-autonomous machine that—
\(A\) uses integrated artificial intelligence systems;
\(B\) possesses a body structure that simulates the human
form, including a head, torso, arms, and legs, or any
configuration that resembles a human silhouette;
\(C\) is capable of performing tasks associated with human
activities; and
\(D\) can communicate interactively, using natural language
processing to understand verbal or written commands.
SEC. 1283. PROHIBITIONS ON CONTRACTING RELATING TO HUMANOID
ROBOTS FROM COVERED ENTITIES.
\(a\) Prohibition on Purchases by Department of Defense.—The
Department of Defense may not enter into or renew a contract
to procure or otherwise obtain a humanoid robot designed,
tested, developed, or manufactured by a covered entity.
\(b\) Prohibition on Use by Contractors.—A person awarded a
contract by the Department of Defense may not use a humanoid
robot designed, tested, developed, or manufactured by a
covered entity to fulfill, execute, or otherwise support
carrying out the contract.
\(c\) Waiver.—The Secretary of Defense may waive a
prohibition under subsection \(a\) or \(b\) with respect to the
purchase or use of a humanoid robot if using the robot is
required for the completion of objectives related to national
security or for research purposes.
\(d\) Effective Date.—The prohibitions under subsections \(a\)
and \(b\) shall apply on and after the date that is180 days
after the date of the enactment of this Act.
\(e\) Regulations.—Not later than 180 days after the date of
the enactment of this Act, the Federal Acquisition Regulatory
Council shall amend the Federal Acquisition Regulation to
implement the prohibitions under subsections \(a\) and \(b\),
including by establishing a requirement for prime contractors
to incorporate the substance of such prohibitions and
applicable implementing contract clauses into contracts
relating to humanoid robots.
SEC. 1284. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE
UNITED STATES OF INVESTMENTS IN PRODUCTION OF
HUMANOID ROBOT TECHNOLOGIES.
\(a\) In General.—Section 721\(a\)\(4\) of the Defense
Production Act of 1950 \(50 U.S.C. 4565\(a\)\(4\)\) is amended—
\(1\) in subparagraph \(A\)—
\(A\) in clause \(i\), by striking “; and” and inserting a
semicolon;
\(B\) in clause \(ii\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(iii\) any transaction described in subparagraph \(B\)\(vi\)
proposed or pending on or after the date of the enactment of
the Humanoid Robotics Oversight and Blocking of Obtainment
from Totalitarians Act of 2026.”;
\(2\) in subparagraph \(B\), by adding at the end the
following:
“\(vi\) Any other investment, subject to regulations
prescribed under subparagraph \(D\)—
“\(I\) in a United States business that designs, tests,
develops, or manufactures humanoid robots \(as defined in
section 1282 of the Humanoid Robotics Oversight and Blocking
of Obtainment from Totalitarians Act of 2026\);
“\(II\) by—
“\(aa\) an entity organized under the laws of, or otherwise
subject to the jurisdiction of, a covered nation \(as defined
in section 4872 of title 10, United States Code\); or
“\(bb\) an entity owned or controlled by, or under common
ownership or control with, an entity described in item \(aa\);
and
“\(III\) without regard to whether the investment results in
control of the United States business by an entity described
in subclause \(II\).”; and
\(3\) in subparagraph \(D\)—
\(A\) in clause \(i\), in the matter preceding subclause \(I\)—
\(i\) by striking “subparagraph \(B\)\(iii\)” and inserting
“clauses \(iii\) and \(vi\) of subparagraph \(B\)”; and
\(ii\) by striking “that subparagraph” and inserting “that
clause”;
\(B\) in clause \(iii\)\(I\), by striking “subparagraph
\(B\)\(iii\)” and inserting “clauses \(iii\) and \(vi\) of
subparagraph \(B\)”; and
\(C\) in clause \(iv\)\(I\), in the matter preceding item \(aa\)—
\(i\) by striking “in subparagraph \(B\)\(iii\)” and inserting
“in clause \(iii\) or \(vi\) of subparagraph \(B\)”; and
\(ii\) by striking “of subparagraph \(B\)\(iii\)” and inserting
“of such clauses”.
\(b\) Mandatory Filing of Declarations.—Section
721\(b\)\(1\)\(C\)\(v\)\(IV\)\(bb\) of the Defense Production Act of 1950
\(50 U.S.C. 4565\(b\)\(1\)\(C\)\(v\)\(IV\)\(bb\)\) is amended by adding at
the end the following:
“\(DD\) Investments in humanoid robots.—The parties to a
covered transaction described in subsection \(a\)\(4\)\(B\)\(vi\)
shall submit a declaration described in subclause \(I\) with
respect to the transaction.”.
SA 6203. Mr. CASSIDY \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. LIST OF NON-UNITED STATES FREE TRADE ZONES.
\(a\) In General.—Not later than 2 years after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Homeland Security, shall
identify and publish, on a publicly accessible internet
website, a list of non-United States free trade zones that
includes the identity, location, and administrators of each
such zone.
\(b\) Periodic Reviews.—The Secretary of Defense, in
coordination with the Secretary of Homeland Security, shall
review the list of non-United State free trade zones required
by subsection \(a\) on a periodic basis, and not less
frequently than annually—
\(1\) to ensure the information included for each zone is
correct;
\(2\) to add new zones to the list; and
\(3\) to remove zones no longer in existence from the list.
\(c\) Non-united States Free Trade Zone Defined.—
\(1\) In general.—In this section, the term “non-United
States free trade zone” means a designated area within the
customs territory of a foreign country that is treated for
purposes of payment of duties or taxes as though the area
were located outside the customs territory of that country.
\(2\) Synonymous terms.—Synonymous terms commonly used to
refer to zones described in paragraph \(1\) include “free
zones”, “special economic zones”, “export processing
zones”, “free economic zones”, and “freeports”.
SA 6204. Mr. CASSIDY \(for himself and Mr. Kennedy\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for
### military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title XV, insert
the following:
SEC. 15. DESIGNATION OF AIR FORCE GLOBAL STRIKE COMMAND AS
NATIONAL CENTER FOR CONVENTIONAL-NUCLEAR
INTEGRATION.
\(a\) National Center for Conventional-Nuclear Integration.—
Section 9068 of title 10, United States Code, is amended by
adding at the end the following new subsection:
“\(d\) National Center for Conventional-Nuclear
Integration.—\(1\) The Air Force Global Strike Command shall
serve as the National Center for Conventional-Nuclear
Integration of the Department of the Air Force.
“\(2\) The responsibilities of the National Center for
Conventional-Nuclear Integration under paragraph \(1\) shall
include the following:
“\(A\) Establishing policies and standards, and issuing
guidance, to integrate conventional and nuclear weapons
capabilities across the Air Force in a manner that aligns
with the operational requirements of the United States
Strategic Command, including with respect to integrated
planning, command and control, and mission execution in
support of such Command.
“\(B\) Establishing a governance and coordination framework
to synchronize efforts for such integration across relevant
major commands, field commands, and centers of the Air Force.
“\(C\) Determining required education, training, and
exercise objectives relating to such integration, including
by ensuring appropriate operational plans and readiness
constructs of the Air Force reflect such integration.
“\(D\) Identifying any gaps in capabilities necessary for
such integration \(including with respect to doctrine,
interoperability, decision support, and command and control\)
and establishing resourcing priorities to address any such
gaps.”.
\(b\) Deadline for Designation.—Not later than 90 days after
the date of the enactment of this Act, the Secretary of the
Air Force shall designate the Air Force Global Strike Command
as the National Center for Conventional-Nuclear Integration
of the Department of the Air Force for purposes of section
9068\(d\) of title 10, United States Code, as added by
subsection \(a\).
\(c\) Implementation Plan.—
\(1\) Plan.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a plan for the
implementation of this section and the amendments made by
this section. Such plan shall include the following:
\(A\) A description of the organizational structure of, and a
resourcing strategy for, the National Center for
Conventional-Nuclear Integration under section 9068\(d\) of
title 10, United States Code, as added by subsection \(a\).
\(B\) Measurable objectives and milestones for the
implementation of the responsibilities under such section
9068\(d\).
\(C\) An assessment of the extent to which such
responsibilities advance the responsibilities of the
Commander of the Air Force Global Strike Command specified in
section 9068\(c\) of title 10, United States Code, including
with respect to nuclear and long-range strike missions in
support of the United States Strategic Command.
\(2\) Form.—The plan under paragraph \(1\) shall be submitted
in unclassified form, but may include a classified annex.
SA 6205. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. . DISINTERMENT OF REMAINS OF MICHAEL ALAN SILKA FROM
SITKA NATIONAL CEMETERY, ALASKA.
\(a\) Disinterment.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans
Affairs shall disinter the remains of Michael Alan Silka from
Sitka National Cemetery, Alaska.
\(b\) Notification.—The Secretary of Veterans Affairs may
not carry out subsection \(a\) until after notifying the next
of kin of Michael Alan Silka.
\(c\) Disposition.—After carrying out subsection \(a\), the
Secretary of Veterans Affairs shall—
\(1\) relinquish the remains to the next of kin described in
subsection \(b\); or
\(2\) if no such next of kin responds to the notification
under subsection \(b\), arrange for disposition of the remains
as the Secretary determines appropriate.
SA 6206. Ms. MURKOWSKI \(for herself and Mr. Coons\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10. ACCELERATING ACCESS TO CRITICAL THERAPIES FOR
ALS.
\(a\) Short Title.—This section may be cited as the
“Accelerating Access to Critical Therapies for ALS
Reauthorization Act of 2026”.
\(b\) Reauthorization of Accelerating Access to Critical
Therapies for ALS Act.—
\(1\) In general.—Section 7 of the Accelerating Access to
Critical Therapies for ALS Act \(Public Law 117-79\) is amended
by striking “2022 through 2026” and inserting “2027
through 2031”.
\(2\) Grants for als research.—Section 2\(f\) of the
Accelerating Access to Critical Therapies for ALS Act \(21
U.S.C. 360ee note\) is amended by striking “2026” and
inserting “2031”.
\(c\) Improvements to Program for Grants for Research on
Therapies for ALS.—Section 2 of the Accelerating Access to
Critical Therapies for ALS Act \(21 U.S.C. 360ee note\) is
amended—
\(1\) in subsection \(a\), by inserting “\(referred to in this
section as \`expanded access grants'\)” before the period at
the end of the first sentence;
\(2\) in subsection \(b\)—
\(A\) by striking “\(b\) Application—” and all that follows
through “A participating” in paragraph \(1\) and inserting
the following:
“\(b\) Application.—A participating”;
\(B\) by redesignating paragraphs \(2\) and \(3\) as paragraphs
\(1\) and \(2\) respectively;
\(C\) in the matter preceding paragraph \(1\), as so
redesignated, by striking the period at the end and inserting
“including—”;
\(D\) by amending paragraph \(1\), as so redesignated, to read
as follows:
“\(1\) a description of how data generated through the
proposed expanded access grant will be used to support
research or development related to the prevention, diagnosis,
mitigation, treatment, or cure of amyotrophic lateral
sclerosis;”;
\(E\) in paragraph \(2\), as so redesignated—
\(i\) by striking “Noninterference with clinical trials—”
and all that follows through “shall include”;
\(ii\) by striking “program” and inserting “grant”; and
\(iii\) by striking the period at the end and inserting “;
and”; and
\(F\) by adding at the end the following:
“\(3\) an assurance that such entity will promptly report to
the Secretary available safety data from any ongoing clinical
trial of the investigational drug as set forth in the terms
and conditions of the grant.”;
\(3\) in subsection \(c\)—
\(A\) by redesignating subparagraphs \(A\) and \(B\) of paragraph
\(2\) as clauses \(i\) and \(ii\), respectively, and adjusting the
margins accordingly;
\(B\) by redesignating paragraphs \(1\) through \(3\) as
subparagraphs \(A\) through \(C\), respectively, and adjusting
the margins accordingly;
\(C\) in subparagraph \(C\), as so redesignated, by striking
the period at the end and inserting “; and”;
\(D\) in the matter preceding subparagraph \(A\), as so
redesignated, by striking “this section, confirm that—”
and inserting the following: “this section—
“\(1\) confirm that—”; and
\(E\) by adding at the end the following:
“\(2\) in the case of a renewal of such a grant, request
from the sponsor of the investigational new drug application
involved, and assess, the enrollment, safety, and any
available efficacy data of the drug related to the
prevention, diagnosis, mitigation, treatment, or cure of
amyotrophic lateral sclerosis.”;
\(4\) in subsection \(d\)\(1\), by striking “request described
in subsection \(a\)” and inserting “grant”; and
\(5\) in subsection \(e\)—
\(A\) in paragraph \(2\), by inserting “, and that begins
enrollment within a timeframe as determined by the Secretary
through the terms and conditions of the grant” before the
period at the end; and
\(B\) by adding at the end the following:
“\(4\) The term \`phase 3 clinical trial' includes a phase 2/
3 combined trial and a planned phase 3 clinical trial that is
not yet enrolling participants.”.
\(d\) Report on ALS and Other Rare Neurodegenerative Disease
Action Plans.—Section 4 of the Accelerating Access to
Critical Therapies for ALS Act \(21 U.S.C. 360aa note\) is
amended—
\(1\) in the section heading, by striking “als and other”
and inserting “fda”;
\(2\) in subsection \(a\), in the matter preceding paragraph
\(1\)—
\(A\) by inserting “and not later than 1 year after the date
of enactment of the Accelerating Access to Critical Therapies
for ALS Reauthorization Act of 2026 and every 5 years
thereafter,” after “this Act,”; and
\(B\) by inserting “develop, or update, as applicable, and”
before “publish on”;
\(3\) in subsection \(b\)—
\(A\) in the matter preceding paragraph \(1\), by striking
“initial”;
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(A\), by inserting “of relevant
investigational new drug applications” after “sponsors”;
\(ii\) in subparagraph \(C\) by inserting “for the prevention,
diagnosis, mitigation, treatment, or cure of rare
neurodegenerative diseases” before the semicolon; and
\(iii\) in subparagraph \(D\), by striking “; and” and
inserting a semicolon;
\(C\) in paragraph \(3\), by striking the period at the end and
inserting “; and”; and
\(D\) by adding at the end the following:
“\(4\) for each action plan published after the date of
enactment of the Accelerating Access to Critical Therapies
for ALS Reauthorization Act of 2026, include a description
of—
“\(A\) previous actions taken by the Food and Drug
Administration to implement the previous action plan
published under subsection \(a\);
“\(B\) any other planned actions to implement such action
plan; and
“\(C\) any barriers to implementing such action plan and
related recommendations, which may include an estimate of
resources necessary to address such barriers.”.
\(e\) Reports.—Section 6 of the Accelerating Access to
Critical Therapies for ALS Act \(Public Law 117-79\) is
amended—
\(1\) in the heading, by striking “gao report” and
inserting “reports”;
\(2\) by striking “Not later than” and inserting the
following:
“\(a\) GAO Report.—Not later than”;
\(3\) in the matter preceding paragraph \(1\) of subsection
\(a\), as so designated, by striking “this Act” and inserting
“the Accelerating Access to Critical Therapies for ALS
Reauthorization Act of 2026”; and
\(4\) by adding at the end the following:
“\(b\) HHS Report.—Not later than 4 years after the date of
enactment of the Accelerating Access to Critical Therapies
for ALS Reauthorization Act of 2026, the Secretary of Health
and Human Services shall, in a manner that does not duplicate
the information described in the action plan published
pursuant to section 4, submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report assessing the effectiveness of the
activities carried out under sections 2, 3, and 5 and making
recommendations to improve such activities.”.
\(f\) Technical Amendments.—Section 3 of the Accelerating
Access to Critical Therapies for ALS Act \(42 U.S.C. 280g-7b\)
is amended—
\(1\) in subsection \(a\), in the matter preceding paragraph
\(1\), by striking “amytrophic” and inserting
“amyotrophic”; and
\(2\) in subsection \(b\)\(3\)\(A\)\(iii\), by striking “rational”.
SA 6207. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EXTENSION OF AUTHORITY FOR THE MODIFICATION OF THE
SECOND DIVISION MEMORIAL.
Notwithstanding section 8903\(e\) of title 40, United States
Code, the authority provided by section 352 of the National
Defense Authorization Act for Fiscal Year 2018 \(Public Law
115-91; 131 Stat. 1367\) shall continue to apply through
September 30, 2033.
SA 6208. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7. PILOT PROGRAM ON DESIGNATION OF PREGNANCY AS
QUALIFYING LIFE EVENT UNDER TRICARE PROGRAM.
\(a\) In General.—The Secretary of Defense shall carry out a
pilot program under which the Secretary designates pregnancy
as a qualifying life event for purposes of enrollment or
modification of enrollment in a health plan option under the
TRICARE program.
\(b\) Duration.—The Secretary shall carry out the pilot
program under subsection \(a\) for a period of not less than
five years.
\(c\) TRICARE Program Defined.—In this section, the term
“TRICARE program” has the meaning given that term in
section 1072 of title 10, United States Code.
SA 6209. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title VI, add the following:
SEC. 604. MODIFICATION OF TRAVEL ALLOWANCE FOR MEMBERS OF THE
ARMED FORCES ASSIGNED TO ALASKA.
Section 603\(b\) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 \(Public Law 117-263;
136 Stat. 2620\), as amended by section 623 of the National
Defense Authorization Act for Fiscal Year 2026 \(Public Law
119-60; 139 Stat. 909\), is further amended—
\(1\) in paragraph \(1\), by striking “to the home of record
of the member.” and inserting the following: “to—
“\(A\) a location in the United States \(including a
territory or possession of the United States\); or
“\(B\) a location outside the United States if that location
is the home of record of the member.”; and
\(2\) in paragraph \(2\)\(A\)\(i\), by striking “one year” and
inserting “180 days”.
SA 6210. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title IX, add the following:
SEC. 930. ARCTIC JOINT PROGRAM EXECUTIVE OFFICE.
Subpart A of part VI of title 10, United States Code, is
amended by adding at the end the following new chapter:
“CHAPTER 553—OTHER ELEMENTS
- “Sec.
- “5601. Arctic Joint Program Executive Office.
“Sec. 5601. Arctic Joint Program Executive Office
“\(a\) In General.—Not later than 180 days after the date
of the enactment of this section, the Secretary of Defense
shall establish in the Department of Defense an Arctic Joint
Program Executive Office \(in this section referred to as the
\`Office'\).
“\(b\) Executive Agent.—The Executive Agent for the Office
shall be the Secretary of the Air Force.
“\(c\) Duties.—The duties of the Office are—
“\(1\) to support the strategic competition objectives of
the United States in the Arctic, including deterrence of
near-peer adversaries; and
“\(2\) to develop a unified investment roadmap for the
Arctic under subsection \(d\).
“\(d\) Unified Investment Roadmap.—
“\(1\) In general.—The Office shall develop a unified
investment roadmap for ongoing and planned investments in
Arctic capabilities by each armed force during the 10-period
following development of the roadmap that—
“\(A\) specifies the sequence of such investments with major
milestones;
“\(B\) identifies which Arctic programs span more than one
armed force or are interdependent; and
“\(C\) identifies and addresses capability gaps that are not
planned but required in support of the strategic competition
objectives described in subsection \(c\)\(1\).
“\(2\) Transition plans.—
“\(A\) In general.—In developing the unified investment
roadmap required by paragraph \(1\), the Office shall develop a
plan for the transition of investments included in the
roadmap from the Office to each armed force.
“\(B\) Responsibility for costs.—The Office shall be
responsible for sustainment costs for investments in Arctic
capabilities included in the unified investment roadmap
required by paragraph \(1\) for a period of not more than three
years. By the end of that period, each armed force shall
assume responsibility for sustaining operations and
maintenance costs through the full life of the capabilities.
“\(e\) Contracting Authorities.—The Office shall utilize
Department-wide contracting authorities and purchasing power,
including through the use of multiyear procurement authority,
to procure infrastructure, sustainment, logistics, and
services for Arctic programs.
“\(f\) Location.—Not later than five years after the date
of the enactment of this section, the Office shall transition
to a permanent location selected based on the proximity of
the location to—
“\(1\) the designated lead for Arctic affairs of the United
States Northern Command; and
“\(2\) a central hub of units of the armed forces assigned
to focus on Arctic affairs to ensure that the Office
thoroughly understands the requirements and needs unique to
the Arctic region.
“\(g\) Annual Reports.—Not later than one year after the
date of the enactment of this section, and annually
thereafter, the head of the Office shall submit to Congress a
report that includes—
“\(1\) a description of the status of and expenditures by
the Office in the year preceding submission of the report;
“\(2\) a description of progress made during that year in
achieving the objectives described in subsection \(c\)\(1\) and
the objectives of the unified investment roadmap developed
under subsection \(d\);
“\(3\) a comparison of investment by the United States in
Arctic capabilities with known investments by the governments
of the Russian Federation and the People's Republic of China
in Arctic capabilities; and
“\(4\) an assessment of the Arctic deterrence posture of the
Department of Defense.
“\(h\) Armed Force Defined.—In this section, the term
\`armed force' means the Army, the Navy, the Air Force, the
Marine Corps, the Space Force, or the Coast Guard.”.
SA 6211. Mr. McCORMICK \(for himself, Mr. Wyden, Mr. Cotton, and Mr. Banks\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Remote Access Security Act
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Remote Access Security
Act”.
SEC. 1272. CONTROL OF REMOTE ACCESS TO CERTAIN ITEMS.
\(a\) Definitions.—Section 1742 of the Export Control Reform
Act of 2018 \(50 U.S.C. 4801\) is amended—
\(1\) by redesignating paragraphs \(6\), \(7\), \(8\), \(9\), \(10\),
\(11\), \(12\), \(13\), and \(14\) as paragraphs \(7\), \(8\), \(9\), \(10\),
\(12\), \(13\), \(14\), \(15\), and \(16\), respectively;
\(2\) by inserting after paragraph \(5\) the following:
“\(6\) Foreign person of concern.—The term \`foreign person
of concern' means—
“\(A\) the government of—
“\(i\) a country specified in section 4872\(d\)\(2\) of title
10, United States Code; or
“\(ii\) any region within such a country, including the
Macau Special Administrative Region and the Hong Kong Special
Administrative Region of the People's Republic of China;
“\(B\) an entity located or headquartered in, or the
ultimate parent company of which is headquartered in, such a
country or region; or
“\(C\) a person on the Entity List set forth in Supplement
No. 4 to part 744 of the Export Administration
Regulations.”; and
\(3\) by inserting after paragraph \(10\), as redesignated, the
following:
“\(11\) Remote access.—The term \`remote access' means
access to an item subject to the jurisdiction of the United
States and included on the Commerce Control List set forth in
Supplement No. 1 to part 774 of the Export Administration
Regulations from a location other than where the item is
physically located.”.
\(b\) Statement of Policy.—Section 1752\(2\) of the Export
Control Reform Act of 2018 \(50 U.S.C. 4811\(2\)\) is amended—
\(1\) in the matter preceding subparagraph \(A\), by inserting
“provision of remote access to specific items,” after
“transfer of items,”; and
\(2\) in subparagraph \(A\) in the matter preceding clause \(i\),
by inserting “, or provision of remote access to,” after
“release of”.
\(c\) Authority to Control Remote Access to Certain Advanced
Integrated Circuits.—Section 1753 of the Export Control
Reform Act of 2018 \(50 U.S.C. 4812\) is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\), by striking “; and” and inserting a
semicolon;
\(B\) in paragraph \(2\)\(F\), by striking the period at the end
and inserting “; and”; and
\(C\) by adding at the end the following:
“\(3\) the provision to foreign persons of concern of remote
access to items in accordance with subsection \(c\).”;
\(2\) in subsection \(b\)—
\(A\) by redesignating paragraphs \(3\) through \(7\) as
paragraphs \(4\) through \(8\), respectively; and
\(B\) by inserting after paragraph \(2\) the following:
“\(3\) regulate the provision to foreign persons of concern
of remote access to items in accordance with subsection
\(c\);”;
\(3\) by redesignating subsection \(c\) as subsection \(d\);
\(4\) by inserting after subsection \(b\) the following:
“\(c\) Controls on Remote Access to Certain Items.—
“\(1\) In general.—The President may regulate the provision
of remote access only if—
“\(A\) the remote access is provided to a foreign person of
concern;
“\(B\) the foreign person of concern accesses, or would
access, the item from a location outside the United States;
and
“\(C\) the remote access is provided—
“\(i\) through a cloud infrastructure service \(defined as
\`Infrastructure as a Service' by the National Institute of
Standards and Technology in Special Publication 800-145 \(or
any successor publication\)\) to items consisting of a
collection of advanced computing integrated circuit products
that are allocated to a single cloud infrastructure service
customer that is interconnected so as to enable coordinated
frontier model training, and provide an aggregate total
processing performance, as defined and calculated under
Export Control Classification Number 3A090 in the Commerce
Control List, exceeding a technical standard determined by
the Secretary pursuant to paragraph \(3\);
“\(ii\) to a software item that the Secretary determines
poses a serious risk to the national security or foreign
policy of the United States because the software is primarily
designed for—
“\(I\) offensive cyberspace operations \(as defined by
Committee on National Security Systems \(CNSS\) 4009\); or
“\(II\) conducting surveillance by the use of—
“\(aa\) spyware \(as defined in section 1102A of the National
Security Act of 1947 \(50 U.S.C. 3232a\(a\)\)\);
“\(bb\) location tracking technology designed to collect,
derive, or analyze precise geolocation information \(as
defined in section 2\(c\)\(6\) of the Protecting Americans' Data
from Foreign Adversaries Act of 2024 \(15 U.S.C. 9901\(c\)\(6\)\);
or
“\(cc\) automated recognition of individuals based on their
biological or behavioral characteristics \(defined as
\`biometrics' by the National Institute of Standards and
Technology in Special Publication 800-63 \(or any successor
publication\)\); or
“\(iii\) to an item for any other purpose established by the
Secretary pursuant to paragraph \(3\).
“\(2\) Advisory committee.—The Secretary shall establish an
advisory committee composed of representatives from industry
and the Federal Government representing various points of
view, which shall include representatives of United States-
headquartered cloud infrastructure service providers,
semiconductor manufacturers, and frontier artificial
intelligence laboratories, to advise the Under Secretary of
Commerce for Industry and Security on controls under the
Export Administration Regulations.
“\(3\) Technical standard; adjustment of purposes.—The
Secretary, after receiving the advice of the advisory
committee established under paragraph \(2\)—
“\(A\) shall establish the technical standard for aggregate
total processing performance described in clause \(i\) of
paragraph \(1\)\(C\) and may adjust that standard as necessary to
maintain its relevance to current technological advancement;
and
“\(B\) shall evaluate and may adjust as necessary the
software and purposes covered by clauses \(ii\) and \(iii\) of
that paragraph.
“\(4\) Rule of construction.—Nothing in this subsection
shall be construed to require a license for the provision of
cloud infrastructure services that do not meet the technical
standard determined by the Secretary pursuant to paragraph
\(3\).”;
\(5\) in subsection \(d\), as so redesignated—
\(A\) by inserting “, or provision of remote access to,”
after “in-country transfer of”;
\(B\) by striking “subsections \(b\)\(1\) or \(b\)\(2\)” and
inserting “paragraphs \(1\), \(2\), and \(3\) of subsection \(b\),
as applicable,”; and
\(C\) by striking “or in-country transfer occurs” and
inserting “in-country transfer, or provision of remote
access occurs”.
\(d\) License Requirement.—Section 1754\(d\)\(1\)\(B\) of the
Export Control Reform Act of 2018 \(50 U.S.C. 4813\(d\)\(1\)\(B\)\)
is amended by inserting “, including the provision of remote
access to items in accordance with subsection 1753\(c\),”
after “other activities.”.
\(e\) Conforming Amendments.—The Export Control Reform Act
of 2018 \(50 U.S.C. 4801 et seq.\) is amended—
\(1\) in section 1754 \(50 U.S.C. 4813\)—
\(A\) in subsection \(a\)—
\(i\) in paragraph \(3\), by inserting “, and provision of
remote access \(in accordance with subsection 1753\(c\)\) to,”
after “in-country transfers of”;
\(ii\) in paragraph \(5\), in the matter preceding subparagraph
\(A\), by inserting “, and provision of remote access \(in
accordance with subsection 1753\(c\)\) to,” after “in-country
transfers of”;
\(iii\) in paragraph \(15\), by striking “to export” and
inserting “for export or provision of remote access”;
\(B\) in subsection \(b\), by inserting “, or provision of
remote access to,” after “in-country transfer of”; and
\(C\) in subsection \(c\)—
\(i\) in paragraph \(1\)\(A\)—
\(I\) in the matter preceding clause \(i\), by inserting “, or
provision of remote access \(in accordance with subsection
1753\(c\)\) to,” after “in-country transfer of”; and
\(II\) in clause \(ii\), by inserting “, or provision of
remote access to,” after “in-country transfer of”; and
\(ii\) in paragraph \(2\)\(B\)—
\(I\) in clause \(i\)—
\(aa\) by inserting “or to which remote access would be
provided” after “to be offered”; and
\(bb\) by striking “a license to export, reexport, or in-
country transfer the items is sought” and inserting “a
license under paragraph \(1\) is sought”;
\(II\) in clause \(ii\), by striking “the export, reexport, or
in-country transfer is proposed to be made has requested the
items under the export, reexport, or in-country transfer”
and inserting “the export, reexport, in-country transfer, or
provision of remote access is proposed to be made has
requested the items or remote access to the items”;
\(III\) in clause \(iii\), by striking “or in-country
transfer” and inserting “in-country transfer, or provision
of remote access”;
\(IV\) in clause \(iv\)—
\(aa\) by striking “or in-country transfer” and inserting
“in-country transfer, or provision of remote access”; and
\(bb\) by inserting “or such remote access would be
provided” after “made”;
\(V\) in clause \(v\)—
\(aa\) by striking “or in-country transfer would” and
inserting “in-country transfer, or provision of remote
access would”; and
\(bb\) by striking “the subject of such export, reexport, or
in-country transfer would be delivered” and inserting “the
subject of the request for a license under paragraph \(1\)
would be delivered or from which the items would be remotely
accessed”; and
\(VI\) in clause \(vi\)—
\(aa\) by striking “or in-country transfer on” and
inserting “in-country transfer, or provision of remote
access on”; and
\(bb\) by striking “the subject of such export, reexport, or
in-country transfer would be delivered” and inserting “the
subject of the request for a license under paragraph \(1\)
would be delivered or from which the items would be remotely
accessed”;
\(2\) in section 1755\(b\)\(2\) \(50 U.S.C. 4814\(b\)\(2\)\)—
\(A\) in subparagraph \(C\), by inserting “, and provision of
remote access \(in accordance with subsection 1753\(c\)\) to,”
after “in-country transfers of”; and
\(B\) in subparagraph \(E\), by inserting “, and remote access
\(in accordance with subsection 1753\(c\)\) to,” after “in-
country transfers of”; and
\(3\) in section 1756 \(50 U.S.C. 4815\)—
\(A\) in subsection \(a\), in the matter preceding paragraph
\(1\), by inserting “, and provision of remote access \(in
accordance with subsection 1753\(c\)\) to,” after “in-country
transfer of”; and
\(B\) in subsection \(b\), by inserting “, or provide remote
access \(in accordance with subsection 1753\(c\)\) to,” after
“in-country transfer”;
\(4\) in section 1757\(a\) \(50 U.S.C. 4816\(a\)\), by inserting
“, or provision of remote access to,” after “in-country
transfer of”;
\(5\) in section 1758\(b\) \(50 U.S.C. 4817\(b\)\)—
\(A\) in paragraph \(1\), by inserting “, or provision of
remote access \(in accordance with subsection 1753\(c\)\) to,”
after “in-country transfer of”;
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(A\), by inserting “, or provision of
remote access \(in accordance with subsection 1753\(c\)\) to,”
after “in-country transfer of”;
\(ii\) in subparagraph \(C\), by inserting “, or the provision
of remote access \(in accordance with subsection 1753\(c\)\) to
that technology from,” after “to or in”;
\(C\) in paragraph \(3\)—
\(i\) in subparagraph \(A\), by inserting “, or provision of
remote access to,” after “in-country transfer of”;
\(ii\) in subparagraph \(B\)—
\(I\) by inserting “, or provision of remote access to,”
after “in-country transfer of”; and
\(II\) by striking “or transfer” and inserting “transfer,
or provision of remote access”; and
\(iii\) in subparagraph \(C\), by inserting “, or provision of
remote access to,” after “in-country transfer of”; and
\(D\) in paragraph \(4\)\(C\), in the matter preceding clause
\(i\), by inserting “, or provision of remote access to,”
after “in-country transfer of”;
\(6\) in section 1760 \(50 U.S.C. 4819\)—
\(A\) in subsection \(a\)\(2\)\(F\)\(iii\), by inserting “, or
remote access \(in accordance with subsection 1753\(c\)\) to,”
after “in-country transfer of”;
\(B\) in subsection \(c\)\(1\)\(C\), by striking “or in-country
transfer” and inserting “in-country transfer, or remotely
access \(in accordance with subsection 1753\(c\)\),”; and
\(C\) in subsection \(e\)\(1\)\(A\)—
\(i\) in clause \(i\), by inserting “, or remotely access \(in
accordance with subsection 1753\(c\)\),” after “United
States”; and
\(ii\) in clause \(ii\), by inserting “, or remotely access
\(in accordance with subsection 1753\(c\)\),” after “in-country
transfer”;
\(7\) in section 1761 \(50 U.S.C. 4820\)—
\(A\) in subsection \(d\)\(2\), by striking “export” each place
it appears and inserting “export control”; and
\(B\) in subsection \(h\)\(1\)\(B\), by inserting “, or provide
remote access to,” after “in-country transfer”;
\(8\) in section 1765\(a\)\(1\) \(50 U.S.C. 4824\(a\)\(1\)\), by
inserting “, and provision of remote access to,” after
“in-country transfers of”; and
\(9\) in section 1767 \(50 U.S.C. 4825\)—
\(A\) in subsection \(a\), by inserting “, or remote access
to,” after “reexport of”; and
\(B\) in subsection \(b\)\(2\)—
\(i\) in subparagraph \(A\), by inserting “, and remote access
by and provision of remote access to such persons to,” after
“persons of”; and
\(ii\) in subparagraph \(C\), by striking “or in-country
transferred” and inserting “in-country transferred, or
remotely accessed”.
\(f\) Rule of Construction.—Nothing in the section or the
amendments made by this section shall be construed to limit
the authority of the President under the Export Controls
Reform Act of 2018, as in effect on the day before the date
of the enactment of this Act.
\(g\) Termination.—The authority under part I of the Export
Control Reform Act of 2018, as amended by this section, to
impose controls on remote access to items terminates on the
date that is 10 years after the date of the enactment of this
Act.
SEC. 1273. CONSULTATIONS WITH CONGRESS.
The Secretary of Commerce shall ensure Congress is kept
fully and currently informed of any anticipated promulgation
of regulations to control remote access to items under the
Export Control Reform Act of 2018, as amended by section
1272, including ensuring that Congress is informed, in a
classified setting as necessary, on—
\(1\) the national security or foreign policy risk addressed
by the regulations;
\(2\) how the method of the regulations addresses that risk;
and
\(3\) how the regulations may impact the economy and
international competitiveness of the United States.
SEC. 1274. REPORT AND RECOMMENDATIONS.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall
submit to Congress and make available to the public a report
assessing and making recommendations with respect to—
\(1\) the implementation of this subtitle and the amendments
made by this subtitle;
\(2\) maximizing the level of privacy, and minimizing
compliance costs, for entities seeking licenses relating to
remote access to items under the Export Control Reform Act of
2018, as amended by section 1272;
\(3\) identifying relevant national security and foreign
policy concerns related to remote access to items in the
interest of improving certainty for United States businesses;
\(4\) increasing cooperation with international partners with
respect to remote access to items;
\(5\) ensuring export controls relating to remote access to
items are consistent, clear, and up to date; and
\(6\) recommending further amendments to the Export Control
Reform Act of 2018.
\(b\) Consultations.—In developing the report required by
subsection \(a\), the Secretary shall seek input from the
public, including holding a public roundtable with industry
participants.
SA 6212. Mr. ROUNDS \(for himself and Mr. Peters\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . TEN-YEAR EXTENSION OF CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
Section 111\(a\) of the Cybersecurity Information Sharing Act
of 2015 \(6 U.S.C. 1510\(a\)\) is amended by striking “September
30, 2026” and inserting “September 30, 2036”.
SA 6213. Mr. ROUNDS \(for himself and Mr. Peters\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . REAUTHORIZATION OF THE CYBERSECURITY INFORMATION
SHARING ACT OF 2015.
\(a\) In General.—The Cybersecurity Information Sharing Act
of 2015 \(6 U.S.C. 1501 et seq.\) is amended—
\(1\) in section 102 \(6 U.S.C. 1501; relating to
definitions\)—
\(A\) by redesignating paragraphs \(4\), \(5\), \(6\), \(7\), \(8\),
\(9\), \(10\), \(11\), \(12\), \(13\), \(14\), \(15\), \(16\), \(17\), and \(18\)
as paragraphs \(6\), \(7\), \(8\), \(9\), \(10\), \(11\), \(12\), \(13\),
\(14\), \(15\), \(16\), \(17\), \(18\), \(19\), and \(20\), respectively;
and
\(B\) by inserting after paragraph \(3\) the following new
paragraphs:
“\(4\) Artificial intelligence.—The term \`artificial
intelligence' has the meaning given such term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 \(15 U.S.C. 9401\).
“\(5\) Critical infrastructure.—The term \`critical
infrastructure' has the meaning given such term in section
1016\(e\) of Public Law 107-56 \(42 U.S.C. 5195c\(e\)\).”;
\(2\) in section 103 \(6 U.S.C. 1502; relating to sharing of
information by the Federal Government\)—
\(A\) in subsection \(a\), in the matter preceding paragraph
\(1\), by striking “develop and issue” and inserting
“develop, issue, and, as appropriate, update”; and
\(B\) in subsection \(b\)—
\(i\) in paragraph \(1\)—
\(I\) in the matter preceding subparagraph \(A\), by inserting
“and, as appropriate, updated,” after “developed”;
\(II\) by amending subparagraph \(A\) to read as follows:
“\(A\) ensure the Federal Government has and maintains the
capability to share cyber threat indicators and defensive
measures in real-time consistent with the protection of
classified information, and maintains the capability to
provide technical assistance, on a
voluntary basis, to non-Federal entities in utilizing cyber
threat indicators and defensive measures for cybersecurity
purposes;”;
\(III\) in subparagraph \(E\)\(ii\), by striking “and” after
the semicolon;
\(IV\) in subparagraph \(F\), by striking the period and
inserting “; and”; and
\(V\) by adding at the end the following new subparagraph:
“\(G\) pursuant to section 2212 of the Homeland Security Act
of 2002 \(6 U.S.C. 662\), provide one-time read-ins, as
appropriate, to select individuals identified by non-Federal
entities that own or operate critical infrastructure or
artificial intelligence;”; and
\(ii\) in paragraph \(2\)—
\(I\) by inserting “and, as appropriate, updating,” after
“developing”; and
\(II\) by inserting “and defensive measures” after
“promote the sharing of cyber threat indicators”; and
\(C\) in subsection \(c\)—
\(i\) by inserting “and not later than 60 days after any
update, as appropriate, of procedures required by subsection
\(a\),” after “Act,”; and
\(ii\) by inserting “\(or update, as appropriate\)” after
“procedures”;
\(3\) in section 104 \(6 U.S.C. 1503; relating to
authorizations for preventing, detecting, analyzing, and
mitigating cybersecurity threats\)—
\(A\) in paragraph \(3\) of subsection \(c\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“shall be” and inserting “may be”;
\(ii\) in subparagraph \(A\), by striking “or” after the
semicolon;
\(iii\) in subparagraph \(B\), by striking the period and
inserting “; or”; and
\(iv\) by adding at the end the following new subparagraph:
“\(C\) to preclude the use of artificial intelligence that
is strictly deployed for cybersecurity purposes in carrying
out the activities authorized under paragraph \(1\) provided
that such deployment complies with section 105\(d\)\(5\).”; and
\(B\) in subparagraph \(B\) of subsection \(d\)\(2\), by inserting
“, which may utilize artificial intelligence that is
strictly deployed for cybersecurity purposes,” after
“technical capability”;
\(4\) in section 105 \(6 U.S.C. 1504; relating to sharing of
cyber threat indicators and defensive measures with the
Federal Government\)—
\(A\) in subsection \(a\)—
\(i\) in paragraph \(2\), by adding at the end the following
new sentences: “As appropriate, the Attorney General and the
Secretary of Homeland Security shall, in consultation with
the heads of the appropriate Federal entities, jointly update
such policies and procedures, and issue and make publicly
available such updated policies and procedures. Such updates
shall prioritize rapid dissemination to State, local, Tribal,
and territorial governments and owners and operators of non-
Federal critical infrastructure or artificial intelligence of
relevant and actionable cyber threat indicators and defensive
measures.”;
\(ii\) in paragraph \(3\), in the matter preceding subparagraph
\(A\), by striking “developed or issued” and inserting
“developed, issued, or, as appropriate, updated,”; and
\(iii\) in paragraph \(4\)—
\(I\) in subparagraph \(A\), by adding at the end the following
new sentence: “As appropriate, the Attorney General and the
Secretary of Homeland Security shall jointly update and make
publicly available such guidance to so assist entities and
promote such sharing of cyber threat indicators and defensive
measures with such Federal entities under this title.”; and
\(II\) in subparagraph \(B\), in the matter preceding clause
\(i\), by inserting “and, as appropriate, updated,” after
“developed”;
\(B\) in subsection \(b\)—
\(i\) in paragraph \(2\)\(B\), by inserting “, and, as
appropriate, update,” after “review”; and
\(ii\) in paragraph \(3\), in the matter preceding subparagraph
\(A\), by inserting “and, as appropriate, updated,” after
“required”; and
\(C\) in subsection \(c\)\(1\)\(D\), by inserting “, including if
such capability and process employs artificial intelligence”
before the semicolon; and
\(D\) in subsection \(d\)—
\(i\) in paragraph \(1\), by striking “trade secret
protection” and inserting “intellectual property
protection”; and
\(ii\) in paragraph \(5\)\(A\)—
\(I\) in clause \(iv\), by striking “or” after the semicolon;
\(II\) in clause \(v\)\(III\), by striking the period and
inserting “; or”; and
\(III\) by adding at the end the following new clause:
“\(vi\) the purpose of rapidly providing to other Federal
entities awareness of a cybersecurity threat that may impact
the information systems of such Federal entities.”;
\(5\) in section 108 \(6 U.S.C. 1507; relating to construction
and preemption\)—
\(A\) in subsection \(c\)—
\(i\) in the matter preceding paragraph \(1\), by striking
“shall be” and inserting “may be”;
\(ii\) in paragraph \(2\), by striking “or” after the
semicolon;
\(iii\) in paragraph \(3\), by striking the period and
inserting “; or”; and
\(iv\) by adding at the end the following new paragraph:
“\(4\) to preclude the use of artificial intelligence that
is strictly deployed for cybersecurity purposes in carrying
out activities authorized by this title.”; and
\(B\) in subsection \(f\)\(3\), by inserting “to share cyber
threat indicators or defensive measures” after
“relationship”;
\(6\) in section 109 \(6 U.S.C. 1508; relating to report on
cybersecurity threats\)—
\(A\) in subsection \(a\)—
\(i\) by inserting “and not later than September 30 of every
two years thereafter,” after “Act,”;
\(ii\) by inserting “the Secretary of Homeland Security
and” after “in coordination with”;
\(iii\) by inserting “and the Committee on Homeland Security
and Governmental Affairs” before “of the Senate”;
\(iv\) by inserting “and the Committee on Homeland
Security” before “of the House”; and
\(v\) by inserting “prepositioning activities, ransomware,”
after “attacks,”; and
\(B\) in subsection \(b\)—
\(i\) by inserting “prepositioning activities, ransomware,”
after “attacks,” each place it appears; and
\(ii\) in paragraph \(2\), by inserting “prepositioning
activity, ransomware,” after “attack,”; and
\(7\) in section 111\(a\) \(6 U.S.C. 1510\(a\), relating to
effective period\), by striking “September 30, 2026” and
inserting “September 30, 2036”.
\(b\) Conforming Amendments.—Section 2200 of the Homeland
Security Act of 2002 \(6 U.S.C. 650; relating to definitions\)
is amended—
\(1\) in paragraph \(5\)—
\(A\) in subparagraph \(B\), by inserting “or compromising”
after “defeating”;
\(B\) in subparagraph \(C\), by inserting “including a
security vulnerability affecting an information system or a
technology included in the critical and emerging technologies
list of the Office of Science and Technology Policy or
successor list, such as artificial intelligence, which may be
in a Federal entity's or non-Federal entity's software or
hardware supply chain,” after “security vulnerability,”;
\(C\) in subparagraph \(D\), by inserting “or compromise”
after “defeat”; and
\(D\) in subparagraph \(F\), by inserting “or compromised”
after “exfiltrated”;
\(2\) in paragraph \(14\), by amending subparagraph \(B\) to read
as follows:
“\(B\) includes, in accordance with section 104\(d\)\(2\) of the
Cybersecurity Information Sharing Act of 2015 \(6 U.S.C.
1503\(d\)\(2\)\), operational technology, including industrial
control systems, such as supervisory control and data
acquisition systems, distributed control systems, and
programmable logic controllers.”; and
\(3\) in paragraph \(25\), by inserting “or compromise” after
“defeat”.
SA 6214. Mr. BANKS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ANNUAL DETERMINATION REGARDING ENTITIES ON THE
DEPARTMENT OF DEFENSE CHINESE MILITARY COMPANY
LIST.
\(a\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives.
\(2\) Commission.—The term “Commission” means the Federal
Communications Commission.
\(3\) Communications equipment or service.—The term
“communications equipment or service” has the meaning given
the term in section 9 of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1608\).
\(4\) Interagency body.—The term “interagency body” means
an executive branch interagency body described in section
2\(c\)\(1\) of the Secure and Trusted Communications Networks Act
of 2019 \(47 U.S.C. 1601\(c\)\(1\)\).
\(b\) Specific Determination Request.—Not later than 30 days
after the date of enactment of this Act, and not less
frequently than annually thereafter, the Commission shall
request that an interagency body, including the Committee for
the Assessment of Foreign Participation in the United States
Telecommunications Services Sector, as established under
Executive Order 13913 \(85 Fed. Reg 19643; relating to
establishing the Committee for the Assessment of Foreign
Participation in the United States Telecommunications
Services Sector\), make a specific determination regarding
whether communications equipment or services produced or
provided by either of the following poses unacceptable risks
to the national security of the United States or the safety
and security of United States persons:
\(1\) An entity identified on the list maintained under
section 1260H of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(Public Law
116-283; 10 U.S.C. 113 note\).
\(2\) An affiliate, subsidiary, or joint venture partner of
an entity described in paragraph \(1\).
\(c\) Specific Determination Required.—
\(1\) In general.—Not later than 180 days after the date on
which an interagency body receives a request from the
Commission under subsection \(b\), the interagency body shall
make the determination requested.
\(2\) Requirements.—
\(A\) In general.—In making a determination described in
paragraph \(1\), an interagency body shall make a specific
assessment with respect to each of the entities described in
subparagraph \(B\) and determine whether, for each of those
entities, communications equipment or services produced or
provided by that entity pose unacceptable risks to the
national security of the United States or the safety and
security of United States persons.
\(B\) Entities described.—An entity described in this
subparagraph is each of the following \(including any
affiliate, subsidiary, or joint venture partner of such an
entity\):
\(i\) Hangzhou Yushu Technology Co., Ltd. \(commonly known as
“Unitree”\).
\(ii\) BGI Group.
\(iii\) MGI Tech Co., Ltd.
\(iv\) Quectel Wireless Solutions Co., Ltd.
\(v\) China Mobile Communications Group Co., Ltd.
\(vi\) Contemporary Amperex Technology Co., Limited \(commonly
known as “CATL”\).
\(vii\) BYD Co., Ltd.
\(viii\) WuXi AppTec Co., Ltd.
\(ix\) Yangtze Memory Technologies Co., Ltd. \(commonly known
as “YMTC”\).
\(x\) ChangXin Memory Technologies, Inc. \(commonly known as
“CXMT”\).
\(3\) Scope of review.—In making a specific determination
under this subsection, an interagency body shall consider
whether communications equipment or services produced or
provided by an entity described in paragraph \(2\)\(B\)—
\(A\) are capable of being used to conduct surveillance,
collect data, or facilitate unauthorized access to
telecommunications networks of the United States or allies of
the United States;
\(B\) contain backdoors, malicious code, or hardware
vulnerabilities that could enable exploitation by a foreign
adversary described in section 791.4 of title 15, Code of
Federal Regulations, or any successor regulation;
\(C\) are subject to the laws, directives, or policies of the
People's Republic of China that could compel assistance to
Chinese intelligence or security services, including pursuant
to the National Intelligence Law of the People's Republic of
China \(2017\) or the Cybersecurity Law of the People's
Republic of China \(2017\); or
\(D\) could otherwise pose an unacceptable risk to the
national security of the United States or the security and
safety of United States persons.
\(d\) Treatment of Specific Determination.—After an
interagency body makes a specific determination under
subsection \(c\)—
\(1\) the interagency body shall—
\(A\) transmit that specific determination to the Commission;
and
\(B\) submit to the appropriate congressional committees a
report regarding the results of that specific determination;
and
\(2\) if the interagency body, in that specific
determination, determines that communications equipment or
services produced or provided by an entity pose unacceptable
risks to the national security of the United States or the
safety and security of United States persons, the Commission
shall add those communication equipment or services to the
list published under section 2 of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1601\).
SA 6215. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DEVELOPMENT AND DISSEMINATION OF CIVIC EDUCATION
CURRICULUM AND ORAL HISTORY RESOURCES.
\(a\) Purposes.—The purposes of this section are the
following:
\(1\) To help families, civic institutions, local
communities, local educational agencies, high schools, and
State educational agencies to prepare high school students to
be civically responsible and knowledgeable adults.
\(2\) To ensure that high school students in the United
States—
\(A\) learn that communism has led to the deaths of more than
100,000,000 victims worldwide;
\(B\) understand the dangers of communism and similar
political ideologies; and
\(C\) understand that 1,500,000,000 people still suffer under
communism.
\(b\) Development and Dissemination of Civic Education
Curriculum and Oral History Resources.—The independent
entity created under section 905\(b\)\(1\)\(B\) of the FRIENDSHIP
Act \(Public Law 103-199; 107 Stat. 2331\), also known as the
“Victims of Communism Memorial Foundation”, shall—
\(1\) develop a civic education curriculum for high school
students that—
\(A\) includes a comparative discussion of certain political
ideologies, including communism and totalitarianism, that
conflict with the principles of freedom and democracy that
are essential to the founding of the United States;
\(B\) is accurate, relevant, and accessible, so as to promote
the understanding of such political ideologies; and
\(C\) is compatible with a variety of courses, including
social studies, government, history, and economics classes;
\(2\) develop oral history resources that may be used
alongside the curriculum described in paragraph \(1\) and that
include personal stories, titled “Portraits in Patriotism”,
from diverse individuals who—
\(A\) demonstrate civic-minded qualities;
\(B\) are victims of the political ideologies described in
paragraph \(1\)\(A\); and
\(C\) are able to compare the political ideologies described
in paragraph \(1\)\(A\) with the political ideology of the United
States; and
\(3\) engage with State and local educational leaders to
assist high schools in using the curriculum described in
paragraph \(1\) and the resources described in paragraph \(2\).
\(c\) Definitions.—The terms in section 8101 of the
Elementary and Secondary Education Act of 1965 \(20 U.S.C.
7801\) shall apply to this section.
SA 6216. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. EDUCATE ACT.
\(a\) Short Title.—This section may be cited as the
“Embracing anti-Discrimination, Unbiased Curricula, and
Advancing Truth in Education Act” or the “EDUCATE Act”.
\(b\) Limitation on Availability of Funds for Certain
Graduate Medical Schools.—Part B of title I of the Higher
Education Act of 1965 \(20 U.S.C. 1011 et seq.\) is amended by
adding at the end the following:
“SEC. 124. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN
GRADUATE MEDICAL SCHOOLS.
“\(a\) Limitation.—Notwithstanding any other provision of
law, no graduate medical school at an institution of higher
education shall be eligible to receive funds or any other
form of financial assistance under any Federal program,
including participation in any federally funded or guaranteed
student loan program, unless the institution certifies to the
Secretary that the institution does not, and will not, do any
of the following:
“\(1\) Direct, compel, or incentivize students, faculty, or
staff of the medical school to personally state, pledge,
recite, affirm, or otherwise adopt any of the following
tenets:
“\(A\) That any sex, race, ethnicity, religion, color, or
national origin makes an individual a member of oppressed or
oppressor categories.
“\(B\) That individuals should be adversely treated on the
basis of their sex, race, ethnicity, religion, color, or
national origin.
“\(C\) That individuals, by virtue of sex, race, ethnicity,
religion, color, or national origin, are inherently
responsible for actions committed in the past by other
members of the same sex, race, ethnicity, religion, color, or
national origin.
“\(D\) That the United States is systemically, structurally,
or institutionally racist, or that racism is weaved into the
\`ordinary business of society', or that the United States is
an oppressive nation.
“\(2\) Take any action that would deprive or tend to deprive
a medical student of educational opportunities or otherwise
adversely affect their status as a student, on the basis of
race, color, or ethnicity, including—
“\(A\) making a distinction or classification of medical
school students on the basis of race, color, or ethnicity;
“\(B\) establishing a privilege or benefit for students
solely on the basis of race, color, or ethnicity;
“\(C\) providing a course of instruction for students solely
on the basis of race, color, or ethnicity; or
“\(D\) otherwise distinguishing students by race, color, or
ethnicity.
“\(3\) Require a course of instruction or unit of study at
the medical school directing or otherwise compelling
students, faculty, or staff to personally state, pledge,
recite, affirm, or otherwise adopt any of the tenets
specified in paragraph \(1\).
“\(4\) Establish, maintain, or contract with a diversity,
equity, and inclusion office, or any other functional
equivalent of such an office, to serve the medical school.
“\(5\) Require or incentivize an individual to complete a
diversity statement professing or adhering to diversity,
equity, and inclusion as a condition of, or benefit in,
admission or employment at such school.
“\(b\) Definitions.—In this section:
“\(1\) Diversity, equity, and inclusion office.—The term
\`diversity, equity, and inclusion office' means any component
of an institution of higher education, including any
division, unit, or center of such an institution, that is
responsible for compelling individuals
to state, pledge, recite, affirm, or otherwise adopt ideas
that are in violation of title IV or title VI of the Civil
Rights Act of 1964 \(42 U.S.C. 2000c et seq.; 2000d et seq.\),
including the following:
“\(A\) That individuals of any race, sex, ethnicity, color,
or national origin are inherently members of an oppressed or
oppressor category.
“\(B\) That individuals should be adversely or
advantageously treated on the basis of their race, sex,
ethnicity, color, or national origin.
“\(C\) That individuals, by virtue of race, sex, ethnicity,
color, or national origin, bear collective guilt and are
inherently responsible for actions committed in the past or
present by other members of the same race, ethnicity, color,
or national origin.
“\(2\) Diversity statement.—The term \`diversity statement'
means any written or oral statement that—
“\(A\) discusses the immutable characteristics, including
race, sex, color, ethnicity, or country of origin of any
applicant for enrollment, admission, employment, or
advancement at an institution of higher education;
“\(B\) affirms that individuals of any race, sex, ethnicity,
color, or national origin are inherently superior or
inferior;
“\(C\) affirms that individuals should be adversely or
advantageously treated on the basis of their race, sex,
ethnicity, color, or national origin; or
“\(D\) affirms that individuals, by virtue of race, sex,
ethnicity, color, or national origin, bear collective guilt
and are inherently responsible for actions committed in the
past by other members of the same race, ethnicity, color, or
national origin.
“\(3\) Institution of higher education.—The term
\`institution of higher education' has the meaning given that
term in section 102.”.
\(c\) Conforming Requirements for Accrediting Agencies and
Associations.—Section 496\(a\) of the Higher Education Act of
1965 \(20 U.S.C. 1099b\(a\)\) is amended—
\(1\) in paragraph \(7\), by striking “and” at the end;
\(2\) in paragraph \(8\), by striking the period at the end and
inserting “; and”; and
\(3\) by adding at the end the following:
“\(9\) if such agency or association has or seeks to include
within its scope of recognition the evaluation of the quality
of institutions or programs offering graduate medical
education, such agency or association shall, in addition to
meeting the other requirements of this subpart, demonstrate
to the Secretary that the agency or association does not
require an institution or program to adopt any policies or
other requirements in contravention of section 124 as a
condition of receiving accreditation from the agency or
association.”.
\(d\) Rules of Construction.—Nothing in this section or the
amendments made by this section shall be construed—
\(1\) to prohibit a graduate medical school at an institution
of higher education from—
\(A\) providing instruction about unique medical needs or
conditions that may be related to an individual's sex, race,
or other characteristics; or
\(B\) collecting and maintaining demographic data on students
solely for informational purposes;
\(2\) in the case of an institution with a religious mission,
to require or incentivize the institution to take any action
that is contrary to the tenets of such religion; or
\(3\) to restrict or prohibit—
\(A\) the exercise of First Amendment rights by anyone
lawfully present on the grounds of an institution of higher
education \(as defined in section 102 of the Higher Education
Act of 1965 \(20 U.S.C. 1002\)\);
\(B\) academic instruction at such an institution, except to
the extent required under paragraphs \(2\)\(C\) and \(3\) of
section 124\(a\) of the Higher Education Act of 1965 \(as added
by section 2\);
\(C\) research operations at such an institution;
\(D\) the operations of student organizations at such an
institution;
\(E\) the invitation of lecturers and other guest speakers to
such an institution; or
\(F\) the ability of an institution to comply with Federal
and State anti-discrimination laws.
\(e\) Severability.—If any provision of this section or an
amendment made by this section is held invalid, the remainder
of this section and the amendments made by this section shall
not be affected thereby.
SA 6217. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_. HOSPITAL PRICE TRANSPARENCY REQUIREMENTS.
Section 2718\(e\) of the Public Health Service Act \(42 U.S.C.
300gg-18\(e\)\) is amended—
\(1\) by striking “Each hospital” and inserting the
following:
“\(1\) In general.—Each hospital”;
\(2\) by inserting “, in accordance with paragraph \(2\),”
after “for each year”; and
\(3\) by adding at the end the following:
“\(2\) Timing requirements.—
“\(A\) In general.—Each hospital operating in the United
States on the date of enactment of this paragraph shall, not
later than 6 months after such date of enactment and every
year thereafter, establish \(and update\) and make public the
list under paragraph \(1\).
“\(B\) Newly operating hospitals.—In the case of a hospital
that begins operating in the United States after the date of
enactment of this paragraph, the hospital shall comply with
the requirements described in subparagraph \(A\) not later than
6 months after the date on which the hospital begins such
operation and every year thereafter.
“\(3\) Prohibition on shielding information.—No hospital
may shield the information required under paragraph \(1\) from
online search results through webpage coding.
“\(4\) Civil monetary penalties.—
“\(A\) In general.—A hospital that fails to comply with the
requirements of this subsection for a year shall be subject
to a civil monetary penalty of an amount not to exceed—
“\(i\) in the case of a hospital with a bed count of 30 or
fewer, $600 for each day in which the hospital fails to
comply with such requirements;
“\(ii\) in the case of a hospital with a bed count that is
greater than 30 and equal to or fewer than 550, $20 per bed
for each day in which the hospital fails to comply with such
requirements; or
“\(iii\) in the case of a hospital with a bed count that is
greater than 550, $11,000 for each day in which the hospital
fails to comply with such requirements.
“\(B\) Procedures.—
“\(i\) In general.—Except as otherwise provided in this
subsection, a civil monetary penalty under subparagraph \(A\)
shall be imposed and collected in accordance with part 180 of
title 45, Code of Federal Regulations \(or successor
regulations\).
“\(ii\) Timing.—A hospital shall pay in full a civil
monetary penalty imposed on the hospital under subparagraph
\(A\) not later than—
“\(I\) 60 calendar days after the date on which the
Secretary issues a notice of the imposition of such penalty;
or
“\(II\) in the event the hospital requests a hearing
pursuant to subpart D of part 180 of title 45, Code of
Federal Regulations \(or successor regulations\), 60 calendar
days after the date of a final and binding decision in
accordance with such subpart, to uphold, in whole or in part,
the civil monetary penalty.
“\(5\) List of hospitals not in compliance.—The Secretary
shall publish a list of the name of each hospital that is not
in compliance with the requirements under this subsection.
Such list shall be published 280 days after the date of
enactment of this paragraph and every 180 days thereafter.”.
SA 6218. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . ADDING SUICIDE PREVENTION CONTACT INFORMATION TO
SCHOOL IDENTIFICATION CARDS.
\(a\) In General.—Section 487\(a\) of the Higher Education Act
of 1965 \(20 U.S.C. 1094\(a\)\) is amended by adding at the end
the following:
“\(30\)\(A\) In the case of an institution that creates and
distributes—
“\(i\) physical student identification cards for students at
any time after the effective date of this paragraph, such
institution shall include phone contact information of the
988 Suicide & Crisis Lifeline on each such card and may
print, on one side of such card, a contact number for—
“\(I\)\(aa\) the Crisis Text Line; or
“\(bb\) another nonprofit organization that—
“\(AA\) is dedicated to suicide prevention;
“\(BB\) has mobile messaging capabilities; and
“\(CC\) has demonstrated the capacity to provide mental
health support; or
“\(II\) a campus mental health center or local program, as
determined by the institution; and
“\(ii\) digital student identification cards for students at
any time after the effective date of this paragraph, such
institution shall include phone contact information of the
988 Suicide & Crisis Lifeline on each such card and may
include a contact number for—
“\(I\)\(aa\) the Crisis Text Line; or
“\(bb\) another nonprofit organization that—
“\(AA\) is dedicated to suicide prevention;
“\(BB\) has mobile messaging capabilities; and
“\(CC\) has demonstrated the capacity to provide mental
health support; or
“\(II\) a campus mental health center or local program, as
determined by the institution.
“\(B\) In the case of an institution that does not create
and distribute identification cards for students at any time
after the effective date of this paragraph, such institution
shall
publish the suicide prevention contact information specified
in subparagraph \(A\)\(i\) on the website of such institution.
“\(C\) In this paragraph—
“\(i\) the term \`digital student identification card' means
a digital identification, digital wallet, mobile
identification, or similar application or representation
issued by an institution of higher education to identify and
authenticate the status or information of a student at the
institution of higher education; and
“\(ii\) the term \`physical student identification card'
means a tangible, nondigital card or document issued by an
institution of higher education to identify and authenticate
the status or information of a student at the institution of
higher education.”.
\(b\) Effective Date.—The amendment made by subsection \(a\)
shall take effect beginning on the day that is 2 years after
the date of enactment of this Act.
\(c\) Rule of Construction.—Nothing in the amendment made by
subsection \(a\) shall be construed to require an institution
of higher education to reissue an unexpired physical student
identification card or a digital student identification card
issued to a student of the institution of higher education
prior to the effective date of such subsection.
SA 6219. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At end of title X, add the following:
Subtitle H—Protecting Our Courts From Foreign Manipulation Act of 2025
SEC. 01. SHORT TITLE.
This subtitle may be cited as the “Protecting Our Courts
from Foreign Manipulation Act of 2025”.
SEC. 02. TRANSPARENCY AND LIMITATIONS ON FOREIGN THIRD-
PARTY LITIGATION FUNDING.
\(a\) In General.—Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
“Sec. 1660. Transparency and limitations on foreign third-
party litigation funding
“\(a\) Definitions.—In this section—
“\(1\) the term \`foreign person'—
“\(A\) means any person or entity that is not a United
States person, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 \(50 U.S.C. 1801\); and
“\(B\) does not include a foreign state or a sovereign
wealth fund;
“\(2\) the term \`foreign state' has the meaning given that
term in section 1603; and
“\(3\) the term \`sovereign wealth fund' means an investment
fund owned or controlled by—
“\(A\) a foreign state, an agency or instrumentality of a
foreign state \(as defined in section 1603\); or
“\(B\)\(i\) an entity, a majority of whose shares or other
ownership interest is owned or controlled by an investment
fund owned or controlled by a foreign state, or by an agency
or instrumentality of a foreign state \(as defined in section
1603\); or
“\(ii\) any subsidiary of an entity described in clause \(i\).
“\(b\) Disclosure of Third-Party Litigation Funding and
Foreign Source Certification by Foreign Persons, Foreign
States, and Sovereign Wealth Funds.—
“\(1\) In general.—In any civil action, each party or the
counsel of record for the party shall—
“\(A\) disclose in writing to the court, to all other named
parties to the civil action, to the Attorney General, and to
the Principal Deputy Assistant Attorney General for National
Security—
“\(i\) the name, the address, and, if applicable, the
citizenship or the country of incorporation or registration
of any foreign person, foreign state, or sovereign wealth
fund, other than the named parties or counsel of record, that
has a right to receive any payment that is contingent in any
respect on the outcome of the civil action by settlement,
judgment, or otherwise;
“\(ii\) the name, the address, and, if applicable, the
citizenship or the country of incorporation or registration
of any foreign person, foreign state, or sovereign wealth
fund, other than the named parties or counsel of record, that
has a right to receive any payment that is contingent in any
respect on the outcome of any matter within a portfolio that
includes the civil action and involves the same counsel of
record or affiliated counsel; and
“\(iii\) if the party or the counsel of record for the party
submits a certification described in subparagraph \(C\)\(i\), the
name, the address, and, if applicable, the citizenship or the
country of incorporation or registration of the foreign
person, foreign state, or sovereign wealth fund that is the
source of the money;
“\(B\) produce to the court, to all other named parties to
the civil action, to the Attorney General, and to the
Principal Deputy Assistant Attorney General for National
Security, except as otherwise stipulated or ordered by the
court, a copy of any agreement creating a contingent right
described in subparagraph \(A\); and
“\(C\) for a civil action involving an agreement creating a
right to receive any payment by anyone, other than the named
parties or counsel of record, that is contingent in any
respect on the outcome of the civil action by settlement,
judgment, or otherwise, or on the outcome of any matter
within a portfolio that includes the civil action and
involves the same counsel or affiliated counsel, submit to
the court a certification that—
“\(i\) the money that has been or will be used to satisfy
any term of the agreement has been or will be directly or
indirectly sourced, in whole or in part, from a foreign
person, foreign state, or sovereign wealth fund, including
the monetary amounts that have been or will be used to
satisfy the agreement; or
“\(ii\) that the disclosure and certification criteria set
forth in subparagraph \(A\)\(iii\) and clause \(i\) of this
subparagraph do not apply to the civil action.
“\(2\) Timing.—
“\(A\) In general.—The disclosure and certification
required by paragraph \(1\) shall be made not later than the
later of—
“\(i\) 30 days after execution of any agreement described in
paragraph \(1\); or
“\(ii\) the date on which the civil action is filed.
“\(B\) Parties served or joined later.—A party that enters
into an agreement described in paragraph \(1\) that is first
served or joined after the date on which the civil action is
filed shall make the disclosure and certification required by
paragraph \(1\) not later than 30 days after being served or
joined, unless a different time is set by stipulation or
court order.
“\(3\) Foreign source disclosure and certification format.—
“\(A\) In general.—A disclosure required under paragraph
\(1\)\(A\) and a certification required under paragraph \(1\)\(C\)
shall—
“\(i\) be made in the form of a declaration under penalty of
perjury pursuant to section 1746 and shall be made to the
best knowledge, information, and belief of the declarant
formed after reasonable inquiry; and
“\(ii\) be provided to all other named parties to the civil
action, to the Attorney General, and to the Principal Deputy
Assistant Attorney General for National Security by the party
or counsel of record for the party making the disclosure and
certification, except as otherwise stipulated or ordered by
the court.
“\(B\) Supplementation and correction.—Not later than 30
days after the date on which a party or counsel of record for
the party knew or should have known that the disclosure
required under paragraph \(1\)\(A\) or a certification required
under paragraph \(1\)\(C\) is incomplete or inaccurate in any
material respect, the party or counsel of record shall
supplement or correct the disclosure or certification.
“\(c\) Prohibition on Third-Party Funding Litigation by
Foreign States and Sovereign Wealth Funds.—
“\(1\) In general.—It shall be unlawful for any party to,
or counsel of record in a civil action to, enter into an
agreement creating a right for anyone, other than the named
parties or counsel of record, to receive any payment that is
contingent in any respect on the outcome of a civil action,
or any matter within a portfolio that includes the civil
action, and involves the same counsel of record or affiliated
counsel, the terms of which are to be satisfied by money that
has been or will be directly or indirectly sourced, in whole
or in part, from a foreign state or a sovereign wealth fund.
“\(2\) Enforcement.—Any agreement entered in violation of
paragraph \(1\) shall be null and void.
“\(d\) Failure To Disclose, To Supplement; Sanctions.—A
disclosure, production, or certification under subsection \(b\)
is deemed to be information required by rule 26\(a\) of the
Federal Rules of Civil Procedure and subject to the sanctions
provisions of rule 37 of the Federal Rules of Civil
Procedure.”.
\(b\) Technical and Conforming Amendment.—The table of
sections chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
“1660. Transparency and limitations on foreign third-party litigation
funding.”.
SEC. 03. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report on the activities involving foreign
third-party litigation funding in Federal courts, including,
if applicable—
\(1\) the identities of foreign third-party litigation
funders in Federal courts, including names, addresses, and
citizenship or country of incorporation or registration;
\(2\) the identities of foreign persons, foreign states, or
sovereign wealth funds \(as such terms are defined in section
1660 of title 28, United States Code, as added by section
02 of this subtitle\) that have been the sources of money
for third-party litigation funding in Federal courts;
\(3\) the judicial districts in which foreign third-party
litigation funding has occurred;
\(4\) an estimate of the total amount of foreign-sourced
money used for third-party litigation funding in Federal
courts, including
an estimate of the amount of such money sourced from each
country; and
\(5\) a summary of the subject matters of the civil actions
in Federal courts for which foreign sourced money has been
used for third-party litigation funding.
SEC. 04. APPLICABILITY.
The amendments made by this subtitle shall apply to any
civil action pending on or commenced on or after the date of
enactment of this Act.
SA 6220. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Independent and Objective Oversight of Ukrainian Assistance
Act
SEC. 1094. PURPOSES.
The purposes of this subtitle are—
\(1\) to provide for the independent and objective conduct
and supervision of audits and investigations relating to the
programs and operations funded with amounts appropriated or
otherwise made available to Ukraine for military, economic,
and humanitarian aid;
\(2\) to provide for the independent and objective leadership
and coordination of, and recommendations concerning, policies
designed—
\(A\) to promote economic efficiency and effectiveness in the
administration of the programs and operations described in
paragraph \(1\); and
\(B\) to prevent and detect waste, fraud, and abuse in such
programs and operations; and
\(3\) to provide for an independent and objective means of
keeping the Secretary of State, the Secretary of Defense, and
the heads of other relevant Federal agencies fully and
currently informed about—
\(A\) problems and deficiencies relating to the
administration of the programs and operations described in
paragraph \(1\); and
\(B\) the necessity for, and the progress toward
implementing, corrective action related to such programs.
SEC. 1095. DEFINITIONS.
In this subtitle:
\(1\) Amounts appropriated or otherwise made available for
the military, economic, and humanitarian aid to ukraine.—The
term “amounts appropriated or otherwise made available for
the military, economic, and humanitarian aid for Ukraine”
means amounts appropriated or otherwise made available for
any fiscal year—
\(A\) for the Ukraine Security Assistance Initiative;
\(B\) for Foreign Military Financing funding for Ukraine;
\(C\) to the Department of State under the heading
“nonproliferation, anti-terrorism, demining and related
programs”; and
\(D\) under titles III and VI of the Ukraine Supplemental
Appropriations Act \(division N of Public Law 117-103\).
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Appropriations of the Senate;
\(B\) the Committee on Armed Services of the Senate;
\(C\) the Committee on Foreign Relations of the Senate;
\(D\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(E\) the Committee on Appropriations of the House of
Representatives;
\(F\) the Committee on Armed Services of the House of
Representatives;
\(G\) the Committee on Foreign Affairs of the House of
Representatives; and
\(H\) the Committee on Oversight and Reform of the House of
Representatives.
\(3\) Office.—The term “Office” means the Office of the
Special Inspector General for Ukrainian Military, Economic,
and Humanitarian Aid established under section 1096\(a\).
\(4\) Special inspector general.—The term “Special
Inspector General” means the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid appointed
pursuant to section 1096\(b\).
SEC. 1096. ESTABLISHMENT OF OFFICE OF THE SPECIAL INSPECTOR
GENERAL FOR UKRAINIAN MILITARY, ECONOMIC, AND
HUMANITARIAN AID.
\(a\) In General.—There is hereby established the Office of
the Special Inspector General for Ukrainian Military,
Economic, and Humanitarian Aid to carry out the purposes set
forth in section 1094.
\(b\) Appointment of Special Inspector General.—The head of
the Office shall be the Special Inspector General for
Ukrainian Military, Economic, and Humanitarian Aid, who shall
be appointed by the President. The first Special Inspector
General shall be appointed not later than 30 days after the
date of the enactment of this Act.
\(c\) Qualifications.—The appointment of the Special
Inspector General shall be made solely on the basis of
integrity and demonstrated ability in accounting, auditing,
financial analysis, law, management analysis, public
administration, or investigations.
\(d\) Compensation.—The annual rate of basic pay of the
Special Inspector General shall be the annual rate of basic
pay provided for positions at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
\(e\) Prohibition on Political Activities.—For purposes of
section 7324 of title 5, United States Code, the Special
Inspector General is not an employee who determines policies
to be pursued by the United States in the nationwide
administration of Federal law.
\(f\) Removal.—The Special Inspector General shall be
removable from office in accordance with section 403\(b\) of
title 5, United States Code.
SEC. 1097. ASSISTANT INSPECTORS GENERAL.
The Special Inspector General, in accordance with
applicable laws and regulations governing the civil service,
shall appoint—
\(1\) an Assistant Inspector General for Auditing, who shall
supervise the performance of auditing activities relating to
programs and operations supported by amounts appropriated or
otherwise made available for military, economic, and
humanitarian aid to Ukraine; and
\(2\) an Assistant Inspector General for Investigations, who
shall supervise the performance of investigative activities
relating to the programs and operations described in
paragraph \(1\).
SEC. 1098. SUPERVISION.
\(a\) In General.—Except as provided in subsection \(b\), the
Special Inspector General shall report directly to, and be
under the general supervision of, the Secretary of State and
the Secretary of Defense.
\(b\) Independence To Conduct Investigations and Audits.—No
officer of the Department of Defense, the Department of
State, the United States Agency for International
Development, or any other relevant Federal agency may prevent
or prohibit the Special Inspector General from—
\(1\) initiating, carrying out, or completing any audit or
investigation related to amounts appropriated or otherwise
made available for the military, economic, and humanitarian
aid to Ukraine; or
\(2\) issuing any subpoena during the course of any such
audit or investigation.
SEC. 1099. DUTIES.
\(a\) Oversight of Military, Economic, and Humanitarian Aid
to Ukraine Provided After February 24, 2022.—The Special
Inspector General shall conduct, supervise, and coordinate
audits and investigations of the treatment, handling, and
expenditure of amounts appropriated or otherwise made
available for military, economic, and humanitarian aid to
Ukraine, and of the programs, operations, and contracts
carried out utilizing such funds, including—
\(1\) the oversight and accounting of the obligation and
expenditure of such funds;
\(2\) the monitoring and review of reconstruction activities
funded by such funds;
\(3\) the monitoring and review of contracts funded by such
funds;
\(4\) the monitoring and review of the transfer of such funds
and associated information between and among departments,
agencies, and entities of the United States and private and
nongovernmental entities;
\(5\) the maintenance of records regarding the use of such
funds to facilitate future audits and investigations of the
use of such funds;
\(6\) the monitoring and review of the effectiveness of
United States coordination with the Government of Ukraine,
major recipients of Ukrainian refugees, partners in the
region, and other donor countries;
\(7\) the investigation of overpayments \(such as duplicate
payments or duplicate billing\) and any potential unethical or
illegal actions of Federal employees, contractors, or
affiliated entities; and
\(8\) the referral of reports compiled as a result of such
investigations, as necessary, to the Department of Justice to
ensure further investigations, prosecutions, recovery of
funds, or other remedies.
\(b\) Other Duties Related to Oversight.—The Special
Inspector General shall establish, maintain, and oversee such
systems, procedures, and controls as the Special Inspector
General considers appropriate to discharge the duties
described in subsection \(a\).
\(c\) Consultation.—The Special Inspector General shall
consult with the appropriate congressional committees before
engaging in auditing activities outside of Ukraine.
\(d\) Duties and Responsibilities Under Chapter 4 of Title 5,
United States Code.—In addition to the duties specified in
subsections \(a\) and \(b\), the Special Inspector General shall
have the duties and responsibilities of inspectors general
under chapter 4 of title 5, United States Code.
\(e\) Coordination of Efforts.—In carrying out the duties,
responsibilities, and authorities of the Special Inspector
General under this subtitle, the Special Inspector General
shall coordinate with, and receive cooperation from—
\(1\) the Inspector General of the Department of Defense;
\(2\) the Inspector General of the Department of State;
\(3\) the Inspector General of the United States Agency for
International Development; and
\(4\) the Inspector General of any other relevant Federal
agency.
SEC. 1099A. POWERS AND AUTHORITIES.
\(a\) Authorities Under Chapter 4 of Title 5, United States
Code.—
\(1\) In general.—Except as provided in paragraph \(2\), in
carrying out the duties
specified in section 1096, the Special Inspector General
shall have the authorities provided under section 406 of
title 5, United States Code, including the authorities under
subsection \(e\) of such section.
\(2\) Limitation.—The Special Inspector General is not
authorized to audit or investigate the intelligence community
\(as defined in section 3 of the National Security Act of 1947
\(50 U.S.C. 3003\)\).
\(b\) Audit Standards.—The Special Inspector General shall
carry out the duties specified in section 1099\(a\) in
accordance with section 404\(b\)\(1\) of title 5, United States
Code.
\(c\) Expedited Hiring Authority.—
\(1\) In general.—Subject to paragraph \(2\), the Special
Inspector General may exercise any authority provided to the
head of a temporary organization under section 3161 of title
5, United States Code, without regard to whether the Office
qualifies as a temporary organization under subsection \(a\) of
such section.
\(2\) Limitations.—With respect to the exercise of authority
under subsection \(b\) of section 3161 of title 5, United
States Code, as authorized under paragraph \(1\)—
\(A\) the Special Inspector General may not make any
appointment under that subsection on or after the later of—
\(i\) the date that is 180 days after the date of enactment
of this Act; or
\(ii\) the date that is 180 days after the date on which the
Special Inspector General is confirmed by the Senate;
\(B\) paragraph \(2\) of that subsection \(relating to periods
of appointments\) shall not apply; and
\(C\) no period of an appointment made under that subsection
may extend after the date on which the Office terminates
under section 1099F.
\(3\) Reemployment of annuitants.—
\(A\) In general.—Subject to subparagraph \(B\), if an
annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in a position
in the Office—
\(i\) the annuity of that annuitant shall continue; and
\(ii\) such reemployed annuitant shall not be considered to
be an employee for the purposes of chapter 83 or 84 of title
5, United States Code.
\(B\) Limitations.—Subparagraph \(A\) shall apply to—
\(i\) not more than 25 employees of the Office at any
particular time, as designated by the Special Inspector
General; and
\(ii\) pay periods beginning after the date of enactment of
this Act.
SEC. 1099B. PERSONNEL, FACILITIES, AND OTHER RESOURCES.
\(a\) Personnel.—The Special Inspector General may select,
appoint, and employ such officers and employees as may be
necessary for carrying out the duties of the Special
Inspector General, subject to the provisions of—
\(1\) chapter 33 of title 5, United States Code, governing
appointments in the competitive service; and
\(2\) chapter 51 and subchapter III of chapter 53 of such
title, relating to classification and General Schedule pay
rates.
\(b\) Employment of Experts and Consultants.—The Special
Inspector General may obtain the services of experts and
consultants in accordance with section 3109 of title 5,
United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule under section 5332 of such title.
\(c\) Contracting Authority.—To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Special Inspector General may—
\(1\) enter into contracts and other arrangements for audits,
studies, analyses, and other services with public agencies
and with private persons; and
\(2\) make such payments as may be necessary to carry out the
duties of the Special Inspector General.
\(d\) Resources.—The Secretary of State or the Secretary of
Defense, as appropriate, shall provide the Special Inspector
General with—
\(1\) appropriate and adequate office space at appropriate
locations of the Department of State or the Department of
Defense, as appropriate, in Ukraine or in European partner
countries;
\(2\) such equipment, office supplies, and communications
facilities and services as may be necessary for the operation
of such offices; and
\(3\) necessary maintenance services for such offices and the
equipment and facilities located in such offices.
\(e\) Assistance From Federal Agencies.—
\(1\) In general.—Upon request of the Special Inspector
General for information or assistance from any department,
agency, or other entity of the Federal Government, the head
of such entity shall, to the extent practicable and not in
contravention of any existing law, furnish such information
or assistance to the Special Inspector General or an
authorized designee.
\(2\) Reporting of refused assistance.—Whenever information
or assistance requested by the Special Inspector General is,
in the judgment of the Special Inspector General,
unreasonably refused or not provided, the Special Inspector
General shall immediately report the circumstances to—
\(A\) the Secretary of State or the Secretary of Defense, as
appropriate; and
\(B\) the appropriate congressional committees.
SEC. 1099C. REPORTS.
\(a\) Quarterly Reports.—Not later than 30 days after the
end of each quarter of each fiscal year, the Special
Inspector General shall submit to the appropriate
congressional committees, the Secretary of State, and the
Secretary of Defense a report that—
\(1\) summarizes, for the applicable quarter, and to the
extent possible, for the period from the end of such quarter
to the date on which the report is submitted, the activities
during such period of the Special Inspector General and the
activities under programs and operations funded with amounts
appropriated or otherwise made available for military,
economic, and humanitarian aid to Ukraine; and
\(2\) includes, for applicable quarter, a detailed statement
of all obligations, expenditures, and revenues associated
with military, economic, and humanitarian activities in
Ukraine, including—
\(A\) obligations and expenditures of appropriated funds;
\(B\) a project-by-project and program-by-program accounting
of the costs incurred to date for military, economic, and
humanitarian aid to Ukraine, including an estimate of the
costs to be incurred by the Department of Defense, the
Department of State, the United States Agency for
International Development, and other relevant Federal
agencies to complete each project and each program;
\(C\) revenues attributable to, or consisting of, funds
provided by foreign nations or international organizations to
programs and projects funded by any Federal department or
agency and any obligations or expenditures of such revenues;
\(D\) revenues attributable to, or consisting of, foreign
assets seized or frozen that contribute to programs and
projects funded by any Federal department or agency and any
obligations or expenditures of such revenues;
\(E\) operating expenses of entities receiving amounts
appropriated or otherwise made available for military,
economic, and humanitarian aid to Ukraine; and
\(F\) for any contract, grant, agreement, or other funding
mechanism described in subsection \(b\)—
\(i\) the dollar amount of the contract, grant, agreement, or
other funding mechanism;
\(ii\) a brief discussion of the scope of the contract,
grant, agreement, or other funding mechanism;
\(iii\) a discussion of how the Federal department or agency
involved in the contract, grant, agreement, or other funding
mechanism identified, and solicited offers from, potential
individuals or entities to perform the contract, grant,
agreement, or other funding mechanism, including a list of
the potential individuals or entities that were issued
solicitations for the offers; and
\(iv\) the justification and approval documents on which the
determination to use procedures other than procedures that
provide for full and open competition was based.
\(b\) Covered Contracts, Grants, Agreements, and Funding
Mechanisms.—A contract, grant, agreement, or other funding
mechanism described in this subsection is any major contract,
grant, agreement, or other funding mechanism that is entered
into by any Federal department or agency that involves the
use of amounts appropriated or otherwise made available for
the military, economic, or humanitarian aid to Ukraine with
any public or private sector entity—
\(1\) to build or rebuild the physical infrastructure of
Ukraine;
\(2\) to establish or reestablish a political or societal
institution of Ukraine;
\(3\) to provide products or services to the people of
Ukraine; or
\(4\) to provide security assistance to Ukraine.
\(c\) Public Availability.—The Special Inspector General
shall publish each report submitted pursuant to subsection
\(a\) on a publicly available internet website in English,
Ukrainian, and Russian.
\(d\) Form.—Each report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex if the Special Inspector General determines
that a classified annex is necessary.
\(e\) Submission of Comments to Congress.—During the 30-day
period beginning on the date a report is received pursuant to
subsection \(a\), the Secretary of State and the Secretary of
Defense may submit comments to the appropriate congressional
committees, in unclassified form, regarding any matters
covered by the report that the Secretary of State or the
Secretary of Defense considers appropriate. Such comments may
include a classified annex if the Secretary of State or the
Secretary of Defense considers such annex to be necessary.
\(f\) Rule of Construction.—Nothing in this section may be
construed to authorize the public disclosure of information
that is—
\(1\) specifically prohibited from disclosure by any other
provision of law;
\(2\) specifically required by Executive order to be
protected from disclosure in the interest of defense or
national security or in the conduct of foreign affairs; or
\(3\) a part of an ongoing criminal investigation.
SEC. 1099D. TRANSPARENCY.
\(a\) Report.—Except as provided in subsection \(c\), not
later than 60 days after receiving a report pursuant to
section 1099C\(a\), the Secretary of State and the Secretary of
Defense shall jointly make copies of the report available to
the public upon request and at a reasonable cost.
\(b\) Comments.—Except as provided in subsection \(c\), not
later than 60 days after submitting comments pursuant to
section 1099C\(e\), the Secretary of State and the Secretary of
Defense shall jointly make copies of such comments available
to the public upon request and at a reasonable cost.
\(c\) Waiver.—
\(1\) Authority.—The President may waive the requirement
under subsection \(a\) or \(b\) with respect to availability to
the public of any element in a report submitted pursuant to
section 1099C\(a\) or any comments submitted pursuant to
section 1099C\(e\) if the President determines that such waiver
is justified for national security reasons.
\(2\) Notice of waiver.—The President shall publish a notice
of each waiver made under paragraph \(1\) in the Federal
Register not later than the date of the submission to the
appropriate congressional committees of a report required
under section 1099C\(a\) or any comments submitted pursuant to
section 1099C\(e\). Each such report and comments shall specify
whether a waiver was made pursuant to paragraph \(1\) and which
elements in the report or the comments were affected by such
waiver.
SEC. 1099E. AUTHORIZATION OF APPROPRIATIONS.
\(a\) In General.—There is authorized to be appropriated
$20,000,000 for fiscal year 2027 to carry out this subtitle.
\(b\) Rescission.—Of the amount appropriated under the
heading “assistance for europe, eurasia, and central asia”
in title IV of the Ukraine Security Supplemental
Appropriations Act, 2024 \(division B of Public Law 118-50\),
$20,000,000 is rescinded.
SEC. 1099F. TERMINATION.
\(a\) In General.—The Office shall terminate on the day that
is 180 days after the date on which amounts appropriated or
otherwise made available for the reconstruction of Ukraine
that are unexpended are less than $250,000,000.
\(b\) Final Report.—Before the termination date referred to
in subsection \(a\), the Special Inspector General shall
prepare and submit to the appropriate congressional
committees a final forensic audit report on programs and
operations funded with amounts appropriated or otherwise made
available for the military, economic, and humanitarian aid to
Ukraine.
SA 6221. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. SENSE OF CONGRESS ON NATO MEMBER DEFENSE
SPENDING.
Congress—
\(1\) congratulates President Donald J. Trump and NATO
leadership on the new commitment to defense investment, and
commends the Alliance for its renewed focus on collective
defense;
\(2\) lauds NATO members who spent more than 2 percent of
their GDP on defense prior to the Hague Summit;
\(3\) strongly urges NATO leadership to compel members to
adhere to the 5 percent GDP commitment to defense spending;
\(4\) calls on all NATO allies to ensure their non-
traditional defense expenditures are demonstrably aligned
with legitimate defense objectives; and
\(5\) reaffirms the importance of NATO and the commitment of
the United States Senate to maintaining a strong, capable,
and united Alliance.
SA 6222. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. REQUIREMENTS RELATING TO MODIFICATION OF
AGREEMENT CONCERNING THE BRITISH INDIAN OCEAN
TERRITORY.
\(a\) Short Title.—This section may be cited as the “Diego
Garcia Treaty Oversight Act”.
\(b\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Armed Services of the Senate; and
\(C\) the Committee on Appropriations of the Senate.
\(2\) Covered agreement.—The term “covered agreement”
means the Exchange of notes constituting an agreement
concerning the availability for defense purposes of the
British Indian Ocean Territory, dated December 30, 1966.
\(c\) In General.—Any modification to the covered agreement
shall require the advice and consent of the Senate.
\(d\) Prohibition on Use of Funds.—None of the funds
authorized to be appropriated, appropriated, or otherwise
made available for any Federal department or agency may be
obligated or expended to modify the covered agreement unless
the Senate has provided advice and consent for such
modification.
\(e\) Report Required.—
\(1\) In general.—Before entering into any negotiation
regarding modification of the covered agreement, the
President shall submit to the appropriate committees of
Congress a report detailing—
\(A\) the national security rationale for the proposed
modification;
\(B\) the implications of the proposed modification for
United States operational control of Diego Garcia; and
\(C\) any risks posed by third-party sovereign claims or
foreign military presence.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in classified and unclassified forms.
SA 6223. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—U.S.-South Africa Bilateral Relations Review Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “U.S.-South Africa
Bilateral Relations Review Act”.
SEC. 1282. FINDINGS.
Congress finds the following:
\(1\) The actions of the African National Congress \(ANC\),
which since 1994 has held a governing majority and controlled
South Africa's executive branch, are inconsistent with its
publicly stated policy of nonalignment in international
affairs.
\(2\) In contrast to its stated stance of nonalignment, the
Government of South Africa has a history of siding with
malign actors, including Hamas, a United States-designated
Foreign Terrorist Organization and a proxy of the Iranian
regime, and continues to pursue closer ties with the People's
Republic of China \(PRC\) and the Russian Federation.
\(3\) The Government of South Africa's support of Hamas dates
back to 1994, when the ANC first came into power, taking a
hardline stance of consistently accusing Israel of practicing
apartheid.
\(4\) Following Hamas' unprovoked and unprecedented
horrendous attack on Israel on October 7, 2023, where Hamas
terrorists killed and kidnapped hundreds of Israelis, members
of the Government of South Africa and leaders of the ANC have
delivered a variety of antisemitic and anti-Israel-related
statements and actions, including—
\(A\) on October 7, 2023, South Africa's Foreign Ministry
released a statement expressing concern of “escalating
violence”, urging Israel's restraint in response, and
implicitly blaming Israel for provoking the attack through
“continued illegal occupation of Palestine land, continued
settlement expansion, desecration of the Al Aqsa Mosque and
Christian holy sites, and ongoing oppression of the
Palestinian people”;
\(B\) on October 8, 2023, the ANC's national spokesperson,
Mahlengi Bhengu-Motsiri, said of the devastating Hamas
attack, “the decision by Palestinians to respond to the
brutality of the settler Israeli apartheid regime is
unsurprising”;
\(C\) on October 14, 2023, President Cyril Ramaphosa of South
Africa accused Israel of “genocide” in statements during a
pro-Palestinian rally;
\(D\) on October 17, 2023, South African Foreign Minister
Naledi Pandor accepted a call with Hamas Leader Ismail
Haniyeh;
\(E\) on October 22, 2023, South African Foreign Minister
Naledi Pandor visited Tehran and met with President Raisi of
the Islamic Republic of Iran, which is actively funding
Hamas;
\(F\) on November 7, 2023, in a parliamentary address Foreign
Minister Pandor called for the International Criminal Court
to charge Israeli Prime Minister Benjamin Netanyahu with war
crimes;
\(G\) on November 17, 2023, South Africa, along with 4 other
countries, submitted a joint request to the International
Criminal Court for an investigation into war crimes being
committed in the Palestinian territories;
\(H\) on December 5, 2023, the ANC hosted three members of
Hamas in Pretoria, including Khaled Qaddoumi, Hamas's
representative to Iran, and Bassem Naim, a member of Hamas's
political bureau in Gaza;
\(I\) on December 29, 2023, South Africa filed a politically
motivated suit in the International Court of Justice
wrongfully accusing Israel of committing genocide;
\(J\) South African Foreign Minister Pandor, who—
\(i\) was quoted in March 2024 as saying that South Africa
will arrest Israeli-South Africans who are fighting in the
Israeli Defense
Forces upon their return home and could strip them of their
South African citizenship; and
\(ii\) has implicitly encouraged protests outside of the
United States Embassy;
\(K\) on October 7, 2024, the ANC commemorated only the
Palestinian lives lost to Israel, while accusing Israel of
genocide;
\(L\) in October 2024, South Africa filed its Memorial to the
International Court of Justice, accusing Israel of genocidal
actions to depopulate Gaza through mass death and
displacement;
\(M\) in November 2024, South Africa appointed Ebrahim Rasool
as their Ambassador to the United States, who previously
hosted senior Hamas officials to South Africa when he was the
Premier of the Western Cape and, in 2020, was a speaker at an
annual event hosted by the Iranian regime to celebrate
Hezbollah's resist ance against Israel; and
\(N\) the ANC's ongoing attempt to rename the street that the
United States Consulate in Johannesburg is located on as
“Leila Khaled Drive”, including a quote from ANC first
Deputy Secretary General Nomvula Mokonyane stating, “We want
the United States of America embassy to change their
letterhead to Number 1 Leila Khaled Drive.”.
\(5\) The Government of South Africa has pursued increasingly
close relations with the Government of the Russian
Federation, which has been accused of perpetrating war crimes
in Ukraine and indiscriminately undermines human rights.
South Africa's robust relationship with Russia spans the
military and political space, including—
\(A\) allowing a United States-sanctioned Russian cargo ship,
the Lady R, to dock and transfer arms at a South African
naval base in December 2022;
\(B\) hosting offshore naval exercises, entitled “Operation
Mosi II”, carried out jointly with the PRC and Russia,
between February 17 and 27, 2023, corresponding with the 1-
year anniversary of Russia's unjustified and unprovoked
invasion of Ukraine;
\(C\) authorizing a United States-sanctioned Russian military
cargo airplane to land at a South African Air Force Base;
\(D\) reneging on its initial call for the Russian Federation
to immediately withdraw its forces from Ukraine and actively
seeking improved relations with Moscow since February 2022;
\(E\) dispatching multiple high-level official delegations to
Russia to further political, intelligence, and military
cooperation;
\(F\) United States sanctioned oligarch Viktor Vekselberg
donating $826,000 to the ANC in 2022; and
\(G\) the ANC publishing an article in their newspaper, ANC
Today, in October 2024 promoting Russian propaganda about the
war in Ukraine.
\(6\) Interactions between the Governments of South Africa
the People's Republic of China and ANC interactions with the
Chinese Communist Party \(CCP\), who are committing gross
violations of human rights in the Xinjiang province and
implement economically coercive tactics around the globe,
undermine South Africa's democratic constitutional system of
governance, as exemplified in—
\(A\) ongoing ANC and CCP inter-party cooperation, especially
with the fundamental incompatibility between the civil and
democratic rights guaranteed in South Africa's Constitution
and the CCP's routine suppression of free expression and
individual rights;
\(B\) the recruitment of former United States and NATO
fighter pilots to train Chinese People's Liberation Army
pilots at the Test Flying Academy of South Africa, which the
Department of Commerce added to the Entity List on June 12,
2023;
\(C\) South Africa's hosting of 6 PRC Government-backed and
CCP-linked Confucius Institutes, a type of entity that a CCP
official characterized as an “important part of the CCP's
external propaganda structure”, the most of any country in
Africa;
\(D\) South Africa's participation in a political training
school opened in Tanzania funded by the Chinese Communist
Party where it trains political members of the ruling
liberation movements in six Southern African countries. The
school instills CCP ideology into the next-generation of
African leaders and attempts to export the CCP's system of
party-run authoritarian governance to the African continent;
\(E\) cooperation with the PRC under the PRC's global Belt
and Road Initiative which, while trade and infrastructure-
focused, is designed to expand PRC global economic,
political, and security sector-related influence;
\(F\) the widespread presence in South Africa's media and
technology sectors of PRC state linked firms that the United
States has restricted due to threats to national security,
including Huawei Technologies, ZTE and Hikvision, which place
South African sovereignty at risk and facilitate the CCP's
export of its model of digitally aided authoritarian
governance underpinned by cyber controls, social monitoring,
propaganda, and surveillance; and
\(G\) the Government of South Africa's clear appeasement to
the CCP in demanding that Taiwan relocate its representative
office out of Pretoria and downgrade its status to that of a
trade office.
\(7\) The ANC-led Government of South Africa has a history of
substantially mismanaging a range of state resources and has
often proven incapable of effectively delivering public
services, threatening the South African people and the South
African economy, as illustrated by—
\(A\) President Cyril Ramaphosa's February 9, 2023,
declaration of a national state of disaster over the
worsening, multi-year power crisis caused by the ANC's
chronic mismanagement of the state-owned power company Eskom,
resulting from endemic, high-level corruption;
\(B\) the persistence of South African state-owned railway
company Transnet's insufficient capacity, which has disrupted
rail operations and hindered mining companies' export of iron
ore, coal, and other commodities, in part due to malfeasance
and corruption by former Transnet officials;
\(C\) an on-going outbreak of cholera, the worst in 15 years,
which is due in part to the Government of South Africa's
disease prevention failures, as President Ramaphosa admitted
on June 9, 2023, including a failure to provide clean water
to households; and
\(D\) rampant state capture, that emerged and grew during the
administration of former President Jacob Zuma and has damaged
South Africa's international standing and profoundly
undermined the rule of law, continues to negatively impact
the economic development prospects and living standards of
the South African people while deeply damaging public trust
in state governance.
\(8\) In November 2024, South Africa appointed Ebrahim Rasool
as Ambassador to the United States. Rasool had previously
made public comments describing President Trump as
“extreme” and in March 2025, Mr. Rasool characterized
President Trump as “a white supremacist”. Secretary of
State Marco Rubio subsequently declared Mr. Rasool as persona
non grata in the United States.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) it is in the national security interest of the United
States to deter strategic political and security cooperation
and information sharing with the PRC and the Russian
Federation, particularly any form of cooperation that may aid
or abet Russia's illegal war of aggression in Ukraine or its
international standing or influence; and
\(2\) the ANC's foreign policy actions have long ceased to
reflect its stated stance of nonalignment, and now directly
favor the PRC, the Russian Federation, and Hamas, a known
proxy of Iran, and thereby undermine United States national
security and foreign policy interests.
SEC. 1284. FULL REVIEW OF THE BILATERAL RELATIONSHIP.
The President, in consultation with the Secretary of State,
the Secretary of Defense, the United States Ambassador to
South Africa, and the heads of other departments and agencies
that play a substantial role in United States relations with
South Africa, shall conduct a comprehensive review of the
bilateral relationship between the United States and South
Africa.
SEC. 1285. REPORT AND CERTIFICATION.
Not later than 120 days after the date of the enactment of
this Act, the President shall submit to the appropriate
congressional committees a report that includes the
following:
\(1\) The findings of the review required by section 1284.
\(2\) A certification, in consultation with the Secretary of
State and the Secretary of Defense, explicitly stating
whether South Africa has engaged in activities that undermine
the national security or foreign policy interests of the
United States, together with an unclassified report,
including a classified annex as necessary, providing a
justification for the determination. The President shall
publish the certification in unclassified form.
SEC. 1286. REPORT ON SANCTIONABLE PERSONS.
\(a\) In General.—Not later than 120 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary of State and the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a classified report on senior South African
government officials and ANC leaders.
\(b\) Elements.—The report required under subsection \(a\)
shall include the following elements:
\(1\) A list of senior South African government officials and
ANC leaders the President determines have engaged in
corruption or human rights abusees that would be sufficient,
based on credible evidence, to meet the criteria for the
imposition of sanctions pursuant to the authorities provided
by the Global Magnitsky Human Rights Accountability Act \(22
U.S.C. 10101 et seq.\).
\(2\) With respect to each person included on such list—
\(A\) a detailed explanation describing the conduct forming
the basis of the person's inclusion on the list; and
\(B\)\(i\) the expected timeline for sanctions described in
paragraph \(1\) to be imposed with respect to such person; or
\(ii\) if the President does not intend to impose sanctions
with respect to such person, a detailed justification
describing the rationale and legal authorities underlying
such negative determination.
SEC. 1287. TERMINATION OF ELIGIBILITY OF SOUTH AFRICA FOR
CERTAIN TRADE PREFERENCES PROGRAMS.
If the President determines and certifies under section
1285\(2\) that South Africa has engaged in activities that
undermine the national security or foreign policy interests
of the United States, the President shall terminate the
eligibility of South Africa for designation as an eligible
sub-Saharan African
country under section 104 of the African Growth and
Opportunity Act \(19 U.S.C. 3703\) or a beneficiary sub-Saharan
African country under section 506A of the Trade Act of 1974
\(19 U.S.C. 2466a\).
SEC. 1288. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term “appropriate congressional
committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
SA 6224. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. PROHIBITION ON ALLOCATIONS OF SPECIAL DRAWING
RIGHTS AT INTERNATIONAL MONETARY FUND FOR
PERPETRATORS OF GENOCIDE AND STATE SPONSORS OF
TERRORISM WITHOUT CONGRESSIONAL AUTHORIZATION.
Section 6 of the Special Drawing Rights Act \(22 U.S.C.
286q\) is amended by adding at the end the following:
“\(c\) Unless Congress by law authorizes such action,
neither the President nor any person or agency shall on
behalf of the United States vote to allocate Special Drawing
Rights under article XVIII, sections 2 and 3, of the Articles
of Agreement of the Fund to a member country of the Fund, if
the government of the member country has—
“\(1\) committed genocide at any time during the 10-year
period ending with the date of the vote; or
“\(2\) been determined by the Secretary of State, as of the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2027, to have repeatedly provided support
for acts of international terrorism, for purposes of—
“\(A\) section 1754\(c\)\(1\)\(A\)\(i\) of the Export Control Reform
Act of 2018 \(50 U.S.C. 4813\(c\)\(1\)\(A\)\(i\)\);
“\(B\) section 620A of the Foreign Assistance Act of 1961
\(22 U.S.C. 2371\);
“\(C\) section 40\(d\) of the Arms Export Control Act \(22
U.S.C. 2780\(d\)\); or
“\(D\) any other provision of law.”.
SA 6225. Mr. KENNEDY \(for himself and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1230. REPORT ON THE RUSSIAN FEDERATION'S PERSECUTION OF
RELIGIOUS GROUPS IN OCCUPIED TERRITORIES OF
UKRAINE; IMPOSITION OF SANCTIONS.
\(a\) Report Required.—
\(1\) In general.—Not later than 120 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Secretary of State and Secretary of Defense, in
coordination with the Director of National Intelligence and
the Secretary of the Treasury, shall jointly submit to the
appropriate congressional committees a report that includes—
\(A\) a detailed description of the Government of the Russian
Federation and its state-affiliated, quasi-state, or
occupation-era activities that involve the persecution or
suppression of, or discrimination against, or otherwise
directly or indirectly involve engaging in or facilitating
serious human rights abuse against, Christians, Jews, and
Muslims \(including Crimean Tatars\), and other religious
minorities not affiliated with the Russian Orthodox Church,
and their respective religious organizations in Russian-
occupied territories of Ukraine;
\(B\) an identification of churches, synagogues, mosques,
other religious facilities, including Christian, Jewish,
Muslim, and other minority religious institutions, that have
been destroyed, damaged, seized, repurposed, or otherwise
appropriated directly or indirectly by persons operating for
or on behalf of the Government of the Russian Federation in
occupied territories of Ukraine;
\(C\) an assessment of—
\(i\) the number of Christians, Jews, Muslims \(including
Crimean Tatars\), and other religious minorities who are not
affiliated with the Russian Orthodox Church, who have been
subjected to persecution, imprisonment, or forced
displacement in occupied territories of Ukraine;
\(ii\) restrictions imposed on Christian, Jewish, Muslim, and
other religions not affiliated with the Russian Orthodox
Church's religious practices, worship services, or religious
education in occupied territories;
\(iii\) efforts to compel Christian organizations to
affiliate with Moscow-based religious institutions or to
suppress Christian activity not affiliated with Moscow-based
religions;
\(iv\) efforts by the Government of the Russian Federation,
by authorities exercising de facto governmental control in
occupied territory, or by entities or individuals otherwise
affiliated with the Russian Federation, to compel Christian
organizations in Ukraine and in occupied territories—
\(I\) to affiliate with Moscow-based religious institutions;
or
\(II\) to suppress Christian, Jewish, Muslim, or any other
denominations not aligned with Russian state interests; and
\(v\) the overall impact of the Russian Federation's invasion
of Ukraine, and its occupation of Ukrainian territory, on
religious freedom in occupied territories of Ukraine,
including Crimea and Sevastopol; and
\(D\) a list of individuals and entities affiliated with the
Government of the Russian Federation, or exercising de facto
authority in occupied territory, that—
\(i\) are responsible for persecution or suppression of, or
discrimination against, Christians, Jews, or Muslims in
Ukraine and in the occupied territories of Ukraine; or
\(ii\) have otherwise engaged in or attempted to engage in
any of the conduct described in this subsection.
\(2\) Form.—The report required by paragraph \(1\) shall be
submitted in an unclassified form, but may include a
classified annex.
\(b\) Imposition of Sanctions.—The President may impose
sanctions pursuant to the International Emergency Economic
Powers Act \(50 U.S.C. 1701 et seq.\) with respect to each
foreign person on the list required by subsection \(a\)\(1\)\(D\).
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate; and
\(2\) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SA 6226. Mr. KENNEDY \(for himself, Mr. Cruz, Mr. Coons, and Mr. Whitehouse\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . INFLATION ADJUSTMENTS.
Section 1332 of title 28, United States Code, is amended—
\(1\) in subsection \(a\), by striking “of $75,000” and
inserting “described in subsection \(b\)”; and
\(2\) by striking subsection \(b\) and inserting the following:
“\(b\)\(1\) The matter in controversy described in this
subsection is not less than $150,000, as adjusted under
paragraph \(2\), exclusive of interest and costs.
“\(2\)\(A\) In this paragraph—
“\(i\) the term \`appropriate year' means the calendar year
preceding the calendar year in which the adjustment under
paragraph \(1\) is to take effect; and
“\(ii\) the term \`Consumer Price Index' means the Consumer
Price Index for All Urban Consumers published by the
Department of Labor.
“\(B\) Effective on January 1, 2030, and January 1 of each
tenth year thereafter, the dollar amount then in effect as
the minimum amount in controversy applicable under paragraph
\(1\) shall be adjusted by an amount, rounded to the nearest
$25,000 \(or, if midway between multiples, to the next higher
multiple of $25,000\) which reflects the change in the
Consumer Price Index for the month of September of the
appropriate year, over the Consumer Price Index for—
“\(i\) in the case of the initial adjustment, the month of
September 2025; and
“\(ii\) in the case of each subsequent adjustment, September
of the year preceding the last adjustment.
“\(C\) The Director of the Administrative Office of the
United States Courts shall determine the amount of each
adjustment under paragraph \(1\) and, not later than November
15 of the appropriate year, shall submit for publication in
the Federal Register the amount \(and the percentage change in
the Consumer Price Index that is the basis for the amount\)
and the new minimum amount in controversy to take effect on
January 1 of the succeeding calendar year.
“\(3\) Except when express provision therefor is otherwise
made in a statute of the United States, where the plaintiff
who files the case originally in the Federal courts is
finally adjudged to be entitled to recover less than the sum
or value required under paragraph \(1\) without regard to any
setoff or counterclaim to which the defendant may be adjudged
to be entitled, and exclusive of interest and costs, the
district court may deny
costs to the plaintiff and, in addition, may impose costs on
the plaintiff.”.
SA 6227. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. . SENSE OF THE CONGRESS URGING THE EXECUTIVE BRANCH
AND LEADERS OF THE G7 AND THE EUROPEAN UNION TO
SEIZE SOVEREIGN ASSETS OF THE RUSSIAN
FEDERATION.
\(a\) Finding.—Congress finds the following:
\(1\) Since the illegal invasion of Ukraine by the Russian
Federation, the Russian Federation has committed widespread
attacks on civilians amounting to crimes against humanity,
including—
\(A\) widespread, systemic, and deliberate targeting of
civilians by drones where civilians have been targeted for
attack while going about their daily lives outside, and
ambulances were struck while attempting to provide medical
assistance;
\(B\) documented war crimes, including extrajudicial killings
and torture of civilians and prisoners of war that are
systemic and widespread throughout areas controlled by the
Russian Federation;
\(C\) rape and sexual violence committed by Russian soldiers
against male and female civilians and prisoners of war; and
\(D\) the illegal transfer of Ukrainian children to at least
210 different facilities inside the Russian Federation or
areas controlled by the Russian Federation where the children
are subjected to re-education and militarization.
\(2\) The humanitarian costs of the invasion of Ukraine have
been enormous, including—
\(A\) approximately 14,000 documented deaths of civilians,
and more than 35,458 documented civilian casualties,
including 700 children killed and 2,200 children injured
since the start of the war;
\(B\) an estimated 120,000 Ukrainian soldiers killed or
missing in action;
\(C\) displacement of more than 10,000,000 people, with
3,600,000 displaced within Ukraine and 6,900,000 seeking
refuge abroad; and
\(D\) indiscriminate shelling and bombing in population
centers leading to the destruction of critical civilian
infrastructure that will cost an estimated $524,000,000,000
to rebuild.
\(3\) The conduct of the Russian Federation has not only
harmed Ukraine but violates Article 2\(4\) of the United
Nations Charter requiring states to refrain from the use of
force against the territorial integrity or political
independence of any state.
\(4\) The principle of state responsibility under
international law holds that a state committing an
internationally wrongful act is obligated to make full
reparation for the injury caused.
\(5\) The legal doctrine of countermeasures under customary
international law permits targeted and proportionate
responses to serious breaches of international obligations,
including the use of seized sovereign assets to repair harm
caused by such breaches.
\(6\) In response to the illegal aggression by the Russian
Federation, members of the G7 imposed sanctions and froze
Russian sovereign assets but have fallen short of
confiscating such assets.
\(7\) The continued passive freezing of Russian sovereign
assets without a clear mechanism for permanent seizure and
repurposing fails to uphold the principle of accountability
and undermines the deterrent value of economic sanctions.
\(8\) In 2024, Congress passed the Rebuilding Economic
Prosperity and Opportunity for Ukrainians Act \(22 U.S.C. 9521
note; Public Law 118-50\)\(commonly known as the “REPO for
Ukrainians Act”\) to establish a domestic legal framework for
the seizure and transfer of Russian sovereign assets.
\(9\) The United States, every member of the European Union,
and all but one member of the G7 are participating states of
the Organization for Security and Co-operation in Europe.
\(10\) On July 3, 2025, the Parliamentary Assembly of the
Organization for Security and Co-operation in Europe adopted
unanimously in plenary session the Porto Declaration, which
“\[c\]alls on OSCE participating States to unlock the full
value of an estimated \[$300,000,000,000 United States
dollars\] in Russian sovereign assets frozen across the region
by repurposing the underlying principal, in sizeable
increments and on a regular and timely schedule, for Ukraine
until the Russian Federation ends its aggression and agrees
to compensate Ukraine for damages directly resulting from the
war”.
\(11\) The implementation of such seizure requires robust
coordination with international partners to mitigate legal,
diplomatic, and financial risks and to maximize legitimacy
and effectiveness.
\(12\) Allied hesitation and lack of harmonized frameworks
have impeded progress toward the actual transfer of such
assets.
\(13\) It is in the strategic and moral interest of the
United States to lead an international coalition in
converting immobilized Russian sovereign assets into a
funding mechanism for the recovery and global security of
Ukraine.
\(b\) Sense of Congress.—It is the sense of Congress that
Congress—
\(1\) determines that the Russian Federation bears full
financial responsibility for the harm caused by its unlawful
war of aggression against Ukraine, and the assets of the
Russian Federation should be used to satisfy that
responsibility;
\(2\) remains steadfast in its support for the sovereignty,
independence, and right to self-defense of Ukraine, and
believes all available diplomatic, legal, and economic tools
should be leveraged to hold the Russian Federation
accountable;
\(3\) recommends that the executive branch advocate
internationally that—
\(A\) the violation of international law by the Russian
Federation removes its entitlement to sovereign immunity
protections over assets located abroad, under the doctrine of
countermeasures;
\(B\) international law and precedent provide a legal basis
for permanent confiscation of state-owned assets in response
to grave violations of the international order; and
\(C\) the seizure of assets is a legitimate means of
supporting the reconstruction of Ukraine and deterring future
acts of aggression by other states;
\(4\) strongly urges all countries with sovereign assets of
the Russian Federation under their jurisdiction—
\(A\) to pursue harmonization of domestic legal authorities
to provide their governments with seizure powers equivalent
to the powers granted by the Rebuilding Economic Prosperity
and Opportunity for Ukrainians Act \(22 U.S.C. 9521 note;
Public Law 118-50\);
\(B\) to partner with the United States to develop and
implement a multilateral sovereign asset repurposing fund
that facilitates the lawful seizure and repurposing of
Russian sovereign assets for the benefit of Ukraine; and
\(C\) to confiscate such assets and allocate them to Ukraine
in tranches of not less than $10,000,000,000 United States
dollars per month until the funds are expended to support the
defense of Ukraine against the Russian Federation; and
\(5\) calls on the President, the Secretary of State, and the
Secretary of Defense to pressure any country with sovereign
assets of the Russian Federation within their jurisdiction to
confiscate such assets by—
\(A\) prioritizing the sale of United States weapons to
countries that are found to have sovereign assets of the
Russian Federation within their jurisdiction, and which have
seized and distributed the assets to a fund for Ukraine; and
\(B\) deprioritizing the sale of United States weapons to
countries that are found to have sovereign assets of the
Russian Federation within their jurisdiction and have not
seized and distributed the assets to a fund for Ukraine.
SA 6228. Mr. KENNEDY \(for himself and Mr. Kim\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. INCREASE OF CIVIL PENALTIES UNDER EXPORT CONTROL
REFORM ACT OF 2018.
\(a\) In General.—Section 1760\(c\)\(1\)\(A\) of the Export
Control Reform Act of 2018 \(50 U.S.C. 4819\(c\)\(1\)\(A\)\) is
amended—
\(1\) by striking “$300,000” and inserting “$1,200,000”;
and
\(2\) by striking “twice the value of the transaction” and
inserting “four times the value of the transaction”.
\(b\) Applicability.—This section, and the amendments made
by this section, shall apply with respect to a violation of
the Export Control Reform Act of 2018 \(50 U.S.C. 4801 et
seq.\) or any regulation, order, or license issued under such
Act, committed on or after the date of the enactment of this
Act.
SA 6229. Mr. BUDD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. PROTECTION OF SPECIAL OPERATIONS PERSONNEL.
\(a\) In General.—Chapter 7 of title 18, United States Code,
is amended by adding at the end the following:
“Sec. 120. Protection of special operations personnel
“\(a\) Definitions.—In this section:
“\(1\) Covered person.—The term \`covered person' means—
“\(A\) a member of the special operations forces;
“\(B\) an employee of the Department of Defense or a member
of the Armed Forces \(as defined in section 101\(a\) of title
10\) designated by the Secretary of Defense who conducts or
participates in Department of Defense sensitive activities
\(as defined in section 130g of title 10\); or
“\(C\) a Federal law enforcement officer assigned or
attached to, or performing duty with a member of, the special
operations forces.
“\(2\) Crime of violence.—The term \`crime of violence' has
the meaning given the term in section 16.
“\(3\) Immediate family.—The term \`immediate family' has
the meaning given the term in section 115\(c\).
“\(4\) Restricted personal information.—The term
\`restricted personal information' means, with respect to an
individual—
“\(A\) the individual's name in connection with the
individual's place of employment;
“\(B\) a visual depiction of the individual's face or
likeness in connection with the individual's name and place
of employment;
“\(C\) a visual depiction of the individual's home in
connection with the individual's name and place of
employment;
“\(D\) the date of birth, social security number, home
address, home phone number, mobile phone number, personal
email, or home fax number of, and identifiable to, the
individual; or
“\(E\) the individual's biometric data.
“\(b\) Offense.—It shall be unlawful to knowingly make
restricted personal information about a covered person, or a
member of the immediate family of that covered person,
publicly available—
“\(1\) with the intent to threaten, intimidate, or incite
the commission of a crime of violence against the covered
person or a member of the immediate family of the covered
person; or
“\(2\) with the intent and knowledge that the restricted
personal information will be used to threaten, intimidate, or
facilitate the commission of a crime of violence against that
covered person or a member of the immediate family of the
covered person.
“\(c\) Penalties.—Any person who violates subsection \(b\)—
“\(1\) shall be fined under this title, imprisoned for not
more than 5 years, or both; or
“\(2\) if death or serious bodily injury results from the
violation, shall be fined under this title, imprisoned for
any term of years or for life, or both.”.
\(b\) Technical and Conforming Amendment.—The table of
sections for chapter 7 of title 18, United States Code, is
amended by adding at the end the following:
“120. Protection of special operations personnel.”.
SA 6230. Mr. SHEEHY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title II, add the following:
SEC. 235. USE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
DEFENSE RESEARCH AND EDUCATION.
Section 4124\(f\) of title 10, United States Code, is
amended—
\(1\) in paragraph \(1\)—
\(A\) by inserting “or laboratory \(as defined in section
12\(d\)\(2\) of the Stevenson-Wydler Technology Innovation Act of
1980 \(15 U.S.C. 3710a\(d\)\(2\)\)” after “Director of a
Center”; and
\(B\) by inserting “or laboratory” after “assistance from
a Center”;
\(2\) in paragraph \(2\)—
\(A\) in subparagraph \(A\), by inserting “or laboratory”
after “Center”; and
\(B\) in subparagraph \(B\), by inserting “or laboratory, or
who can assist a Center or laboratory with technology
transition, either out of, or into, the Center or
laboratory” after “Center”; and
\(3\) by adding at the end the following new paragraph:
“\(3\) A Federal laboratory may pay the Federal costs of
such contract or memorandum of understanding out of funds
available for the support of technology transfer and
transition functions, research and development, operations
and maintenance, or procurement.”.
SA 6231. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. ELECTRONIC VISA UPDATE SYSTEM.
\(a\) In General.—The Secretary shall operate and maintain
the electronic visa update system established under the final
rule of the Department of Homeland Security entitled
“Establishment of the Electronic Visa Update System \(EVUS\)”
\(81 Fed. Reg. 203 \(October 20, 2016\)\) \(referred to in this
section as the “System”\) for the purpose of collecting from
each designated alien such biographical, travel, and other
information as the Secretary considers necessary.
\(b\) Designation of Nonimmigrant Categories.—
\(1\) In general.—The Secretary shall designate 1 or more
nonimmigrant categories the Immigration and Nationality Act
\(8 U.S.C. 1101 et seq.\) for purposes of participation in the
System by designated aliens.
\(2\) Criteria.—In determining whether to designate a
nonimmigrant category under paragraph \(1\), the Secretary
shall take into consideration the following:
\(A\) The rate by which nonimmigrants in such category
overstay their visas.
\(B\) The rate by which nonimmigrants in such category comply
with the requirements of their visas.
\(C\) The national security interests and public safety of
the United States.
\(3\) Notice.—On designation of a nonimmigrant category
under this subsection, the Secretary shall publish notice of
the designation in the Federal Register.
\(c\) Designation of Countries.—
\(1\) In general.—The Secretary, in consultation with the
Secretary of State, shall designate 1 or more countries for
purposes of participation in the System by designated aliens
if such country—
\(A\) has a visa overstay rate that exceeds the rate
established pursuant to subparagraph \(C\) of section 217\(c\)\(8\)
of the Immigration and Nationality Act \(8 U.S.C. 1187\(c\)\(8\)\)
or a visa refusal rate that exceeds the criteria described in
subparagraph \(A\) of that section; and
\(B\) is not a member of the visa waiver program under
section 217 of the Immigration and Nationality Act \(8 U.S.C.
1187\).
\(2\) Considerations.—In determining whether to designate a
country under paragraph \(1\), the Secretary shall take into
consideration the following:
\(A\) The number and validity period of United States visas
issued to nationals of such country.
\(B\) Any public safety or national security threat posed by
nationals of such country to the United States.
\(C\) With respect to citizens of the United States who are
present in such country pursuant to nonimmigrant visas, or
the equivalent, issued by such country, any requirement that
such citizens share biographical, travel, or other
information with the government of such country.
\(D\) With respect to nationals of such country who have been
ordered removed from the United States, the number of such
nationals such country has refused to accept or with respect
to whom has unreasonably delayed the return.
\(3\) Publication.—On designation of a country under this
subsection, the Secretary shall publish notice of the
designation in the Federal Register.
\(d\) Required Use of System.—
\(1\) In general.—Subject to paragraph \(6\), a designated
alien shall—
\(A\) not later than 5 days after the date on which a
nonimmigrant visa is issued to the designated alien, enroll
in the System; and
\(B\) not more frequently than every 180 days, as required by
the Secretary, submit to the System—
\(i\) such biographical, travel, and other information as the
Secretary may reasonably require; and
\(ii\) a copy of the designated alien's passport or other
government-issued document establishing the citizenship or
nationality of the designated alien.
\(2\) Other submissions.—Notwithstanding paragraph \(1\)\(B\),
the Secretary may, at any time, require a designated alien to
submit the items described in clauses \(i\) and \(ii\) of that
paragraph if the Secretary determines that such submission is
required due to the discovery of new derogatory information
regarding such designated alien or if the submission of such
items is in the national security interests of the United
States.
\(3\) Publication.—The Secretary shall publish in the
Federal Register notice of—
\(A\) the requirements for the submission of information
under paragraph \(1\), including—
\(i\) associated timelines; and
\(ii\) a list of circumstances in which a designated alien
shall be required to update information in the System; and
\(B\) any updates to such requirements.
\(4\) Notice of compliance.—
\(A\) In general.—In the case of a designated alien who has
complied with paragraph \(1\)\(A\), the Secretary shall ensure
that, not less than 72 hours after the time at which the
designated alien so complied, the designated alien receives a
confirmation of compliance.
\(B\) Regulations.—The Secretary shall establish, by
regulation, procedures requiring a designated alien to timely
submit to a carrier traveling to the United States a notice
of compliance before the designated alien may board the
carrier.
\(5\) Effect of noncompliance.—
\(A\) In general.—Not later than 15 days after making a
finding of noncompliance, the Secretary shall issue a notice
of noncompliance to, and revoke the visa of, a designated
alien who—
\(i\) fails to comply with paragraph \(1\), except to the
extent provided in subparagraph \(B\)\(i\);
\(ii\) submits fraudulent information under that paragraph;
or
\(iii\) remains in the United States after the date on which
the designated alien's period of authorized stay or visa
validity period has expired.
\(B\) Submission of inaccurate information.—
\(i\) In general.—In the case of a designated alien who is
issued a notice of noncompliance under subparagraph \(A\)\(i\)
due to submission of inaccurate information—
\(I\) the Secretary shall—
\(aa\) issue to the designated alien a notice of
noncompliance;
\(bb\) revoke the visa of the designated alien; and
\(cc\) provide the designated alien with an opportunity to
correct the inaccurate information; and
\(II\) not later than 14 days after the date of issuance of
the notice of noncompliance, the designated alien may correct
the inaccurate information concerned.
\(ii\) Rescission of revocation.—The Secretary may rescind a
revocation under clause \(i\) if the designated alien corrects,
to the satisfaction of the Secretary, the inaccurate
information submitted to the System.
\(6\) Transition period.—In the case of an alien admitted to
the United States in a nonimmigrant category that is
subsequently designated under subsection \(b\) after the
alien's date of admission or in the case of an alien admitted
to the United States in a nonimmigrant category designated
under subsection \(b\) who holds a passport from a country that
is subsequently designated under subsection \(c\) after the
alien's date of admission, such alien shall enroll in the
System not later than the earlier of—
\(A\) the date that is 60 days after the date of the
applicable designation; or
\(B\) 5 days after the date on which half of the alien's
period of authorized stay remains.
\(e\) Fees.—
\(1\) In general.—The Secretary shall—
\(A\) charge designated aliens a fee for the use of the
System; and
\(B\) not later than 180 days after the date of the enactment
of this Act, commence assessment and collection of such fee.
\(2\) Amount.—
\(A\) In general.—The fee charged under paragraph \(1\) shall
be not less than $10.00 for each use of the System.
\(B\) Adjustment.—The Secretary—
\(i\) may adjust such fee to ensure recovery of the full
direct costs to the Department of Homeland Security of
operating and maintaining the System; and
\(ii\) not less than 30 days before the effective date of any
such adjustment, shall publish in the Federal Register notice
of the adjustment.
\(3\) Account for collections.—Notwithstanding any other
provision of law, there is established in the Treasury of the
United States a separate account, to be known as the
“Electronic Visa Update System Account”, into which amounts
collected under this subsection shall be deposited and made
exclusively available for expenses incurred by the Department
of Homeland Security in carrying out this section. Amounts so
credited shall remain available until expended, without
fiscal year limitation, and shall be available in addition to
any other appropriated funds.
\(f\) Reports.—
\(1\) Initial report.—Not later than 30 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate committees of Congress a report that contains
the following:
\(A\) The number of aliens who have received a notification
of compliance under the final rule of the Department of
Homeland Security entitled “Establishment of the Electronic
Visa Update System \(EVUS\)” \(81 Fed. Reg. 203 \(October 20,
2016\)\) since the date on which such final rule was issued.
\(B\) The number of aliens who have received a notification
of noncompliance under such final rule.
\(C\) The number of aliens who received such a notification
of noncompliance but whose visa was not revoked.
\(D\) The number of aliens who—
\(i\) received such a notification of noncompliance; but
\(ii\) were permitted to board a carrier traveling to the
United States or were admitted to the United States.
\(E\) The number of aliens subject to such final rule who did
not timely depart the United States on or before the date on
which their period of authorized stay or visa validity period
expires.
\(2\) Annual report.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that contains, for each of the most recent
5 fiscal years, the following:
\(A\) An identification of the countries and nonimmigrant
visa categories that have been designated under this section.
\(B\) The number of designated aliens who have received a
notification of compliance under this section.
\(C\) The number of designated aliens who have received a
notification of noncompliance under this section.
\(D\) The number of designated aliens who have received such
a notification of noncompliance but whose visa was not
revoked.
\(E\) The number of designated aliens who—
\(i\) have received such a notification of noncompliance; but
\(ii\) were permitted to board a carrier traveling to the
United States or were admitted to the United States.
\(F\) The number of designated aliens who did not timely
depart the United States on or before the date on which their
period of authorized stay or visa validity period expires.
\(g\) Rule of Construction.—Nothing in this section may be
construed as affecting Department of Homeland Security or
Department of State regulations relating to the System that
is in effect as of the date of the enactment of this Act.
\(h\) Definitions.—In this section:
\(1\) In general.—Except as otherwise specifically provided,
any term used in this section that is used in the immigration
laws shall have the meaning given such term in the
immigration laws.
\(2\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
\(B\) the Committee on Homeland Security, the Committee on
Oversight and Accountability, the Committee on the Judiciary,
the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
\(3\) Designated alien.—The term “designated alien” means
an alien who—
\(A\) has been issued a visa for admission to the United
States as a nonimmigrant in a nonimmigrant category
designated by the Secretary under subsection \(b\); or
\(B\) holds a passport, issued by a country designated under
subsection \(c\), that contains such a visa.
\(4\) Immigration laws.—The term “immigration laws” has
the meaning given such term in section 101\(a\)\(17\) of the
Immigration and Nationality Act \(8 U.S.C. 1101\(a\)\(17\)\).
\(5\) Secretary.—The term “Secretary” means the Secretary
of Homeland Security.
SA 6232. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. CUSTOMS ACT.
\(a\) Short Title.—This section may be cited as the
“Creating Uniform Security and Transit Over Migratory
Sectors Act” or the “CUSTOMS Act”.
\(b\) Port Modernization.—
\(1\) In general.—Section 411\(o\) of the Homeland Security
Act of 2002 \(6 U.S.C. 211\(o\)\) is amended—
\(A\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(B\) by inserting after paragraph \(2\) the following:
“\(3\) Transferring custody of all land ports of entry along
international borders of the united states to u.s. customs
and border protection.—
“\(A\) In general.—Not later than 5 years after the date of
the enactment of the CUSTOMS Act, the Administrator of
General Services shall transfer custody of all land ports of
entry along United States international borders to the
Secretary.
“\(B\) Procedure for transferal.—
“\(i\) Submission of site information to secretary.—Not
later than 180 days after the date of the enactment of the
CUSTOMS Act, the Administrator of General Services shall
submit to the Secretary—
“\(I\) detailed information regarding the sites of each land
port of entry along any United States international border;
“\(II\) a current list of the Federal personnel who are
stationed at the sites referred to in subclause \(I\),
disaggregated by site and Federal department or agency;
“\(III\) a current list of the General Services
Administration personnel and Federal contractors assigned to
each General Services Administration Region containing a site
referred to in subclause \(I\);
“\(IV\) the performance evaluations of the personnel and
contractors referred to in subclause \(III\), to the extent
available, for most recent 3-year period;
“\(V\) any draft or executed memoranda of understanding with
other Federal departments or agencies regarding the
maintenance of the sites referred to in subclause \(I\), or
portions of such sites;
“\(VI\) any draft or executed lease contract and offers of
the sites referred to in subclause \(I\), or portions of such
sites; and
“\(VII\) any planned or ongoing maintenance projects for
each site referred to in subclause \(I\), including the
timelines, budgets, memoranda of understanding, scoping
documents, technical specifications, contracting actions, and
review materials for such projects.
“\(ii\) Site transferal timeline.—
“\(I\) Submission to congress.—Not later than 1 year after
the date of the enactment of the CUSTOMS Act, the
Administrator of General Services and the Secretary shall
jointly submit, to the appropriate congressional committees—
“\(aa\) a timeline for the transferal of each site referred
to in clause \(i\)\(I\); and
“\(bb\) the information described in subclauses \(II\) through
\(VI\) of clause \(i\).
“\(II\) Publication in federal register.—Not later than 3
days after the submission referred to in subclause \(I\), the
Secretary shall publish the timeline referred to in item \(aa\)
of such subclause in the Federal Register.
“\(iii\) Joint custody of sites.—Not later than 180 days
after the date of the enactment of the CUSTOMS Act, the
Administrator of General Services and the Secretary shall—
“\(I\) assume joint custody of the sites referred to in
clause \(i\)\(I\); and
“\(II\) jointly publish notice of such joint custody in the
Federal Register.
“\(iv\) Interim management.—During the period beginning on
the date on which notice is published pursuant to clause
\(iii\)\(II\) and ending on the date on which the Secretary
assumes full custody of all of the sites referred to in
clause \(i\)\(I\)—
“\(I\) the Secretary shall have the primary jurisdiction to
manage such sites; and
“\(II\) the Administrator of General Services shall serve as
an advisor in the management of such sites for the pendency
of the transferal described in this paragraph.
“\(v\) Procedures; management.—Not later than 1 year after
the date of the enactment of the CUSTOMS Act, the Secretary,
in consultation with the Administrator of General Services,
shall—
“\(I\) establish procedures for assuming custody and
managing each site referred to in clause \(i\)\(I\) to the
current standard of the General Services Administration or
the industry to prevent U.S. Customs and Border Protection
from incurring additional expenses upon transfer of custody;
“\(II\) establish dispute resolution procedures for any
conflict regarding the management of space or personnel at a
site referred to in clause \(i\)\(I\) in which 2 or more Federal
departments or agencies occupy space as tenants;
“\(III\) establish an office within U.S. Customs and Border
Protection for managing relationships and serving as a
liaison with any Federal, State, local, tribal, territorial,
or international entity with whom the Administrator of
General Services previously interacted in carrying out the
Administrator's management duties of the sites referred to in
clause \(i\)\(I\);
“\(IV\) establish an office within U.S. Customs and Border
Protection for managing contracting actions, leasing
execution, and title acquisitions regarding such sites,
including maintenance and modernization projects; and
“\(V\) establish interagency agreements with occupying
agencies to reimburse U.S. Customs and Border Protection for
any direct costs incurred for such occupying agency's
presence at land ports of entry that are under the custody
and control of U.S. Customs and Border Protection.
“\(vi\) Duties of the administrator of general services.—
Not later than 180 days after the date of the enactment of
the CUSTOMS Act, the Administrator of General Services
shall—
“\(I\) at each port of entry being transferred from the
Administrator to the Secretary, develop a list of—
“\(aa\) the existing environmental contamination at each
port of entry, if applicable;
“\(bb\) the deferred maintenance projects at each port of
entry, if applicable;
“\(cc\) the ongoing land acquisition actions at each port of
entry, if applicable;
“\(dd\) the ongoing construction projects at each port of
entry, if applicable;
“\(ee\) any donation under the Port of Entry donation
authority described in section 482 of the Homeland Security
Act of 2002 \(6 U.S.C. 301a\) that the Administrator had been
evaluating based on the criteria described in such section;
“\(ff\) any other item that could delay the transfer of each
port of entry from the Administrator to the Secretary; and
“\(gg\) all rent charges collected for existing fiscal year
as outlined on the GSA rent bill, to include an ongoing
modernization funds and reimbursable work authorizations in
progress; and
“\(II\) provide the list developed pursuant to subclause \(I\)
to the Secretary and to the appropriate congressional
committees.
“\(vii\) Monthly status reports.—Beginning on the date that
is 30 days after the date on which the procedures and offices
have been established pursuant to clause \(v\), the Secretary
and the Administrator of General Services shall jointly
provide monthly status reports to the appropriate
congressional committees regarding the implementation of such
procedures and the operations of such offices.
“\(viii\) Notices.—During the period beginning on the date
that is 180 days after the date of the enactment of the
CUSTOMS Act and ending on the date that is 5 years after such
date of enactment, the Secretary shall notify the appropriate
congressional committees whenever the Secretary assumes sole
custody of a site referred to in clause \(i\)\(I\) and publish
such notice in the Federal Register.
“\(ix\) Complete transferal.—Not later than 5 years after
the date of the enactment of the CUSTOMS Act, the Secretary
shall assume sole custody of every site referred to in clause
\(i\)\(I\).
“\(C\) Personnel actions.—
“\(i\) Direct hire authority.—Subject to clause \(ii\),
during the pendency of the period described in subparagraph
\(B\) and for the following 3 fiscal years, the Secretary, or
his or her designee, without regard to the provisions of
subchapter I of chapter 33 of title 5, United States Code
\(other than sections 3303 and 3328 of such chapter\), may
appoint qualified candidates to any position required—
“\(I\) to carry out this paragraph; and
“\(II\) to manage the sites referred to in subparagraph
\(B\)\(i\)\(I\).
“\(ii\) Conditions on use of direct hire authority.—
“\(I\) In general.—Before using the direct hire authority
described in clause \(i\), the Secretary, or a designee of the
Secretary, shall review and consider existing personnel of
U.S. Customs and Border Protection to address staffing
requirements prior to exercising the direct hire authority.
If gaps still exist, the process shall include interviewing
each individual included in the list required under
subparagraph \(B\)\(i\)\(III\) who received a pass or exemplary
performance review during the period described in such
subparagraph.
“\(II\) Appropriations.—The Administrator of General
Services may transfer funds appropriated for the General
Services Administration to U.S. Customs and Border Protection
for salaries and expenses of personnel and contractors of the
General Services Administration considered for direct hire
authority by the Secretary under this subparagraph.
“\(D\) Expedited contracting.—The Secretary shall establish
a streamlined approval process for expediting contracts and
interagency agreements to carry out this paragraph.
“\(E\) Assumption of custody by u.s. customs and border
protection.—Not later than 5 years after the date of the
enactment of the CUSTOMS Act, upon completion of the elements
described in subparagraph \(B\), all sites referred to in
subparagraph \(B\)\(i\)\(I\) shall be under the sole authority of
the Secretary.
“\(F\) Modifications to land ports of entry regarding aliens
seeking asylum.—
“\(i\) In general.—Upon completion of the transferal
required under subparagraph \(B\) and the assumption of custody
described in subparagraph \(E\), the Secretary shall—
“\(I\) develop a list that includes not fewer than—
“\(aa\) 15 land ports of entry along the international
border between the United States and Mexico at which a high
proportion of aliens are seeking asylum; and
“\(bb\) 15 land ports of entry along the international
border between the United States and Canada at which a high
proportion of aliens are seeking asylum;
“\(II\) to the extent practicable, establish not fewer than
1 dedicated pedestrian lanes and other appropriate facilities
at each land port of entry described in clause \(i\) for the
processing of aliens who are seeking asylum in the United
States; and
“\(III\) enter into a memorandum of agreement with the
Director of U.S. Citizenship and Immigration Services to
detail an appropriate number of asylum officers to each land
port of entry described in subclause \(I\).
“\(ii\) Memorandum described.—The memorandum of agreement
required under clause \(i\)\(III\)—
“\(I\) should base the number of asylum officers at each
land port of entry on the relative number of aliens seeking
asylum at such land port of entry; and
“\(II\) shall allow for changes in the number of asylum
officers to be detailed to a particular land port of entry
based on new information gathered regarding the migratory
flow of aliens seeking asylum.
“\(G\) Rule of construction.—Nothing in this paragraph may
be construed to affect the availability of funding from—
“\(i\) the Federal Buildings Fund established under section
592\(a\) of title 40, United States Code; or
“\(ii\) any other applicable statutory authority or
appropriation available to implement this paragraph.”.
\(2\) Conforming amendment.—Section 411\(r\) of the Homeland
Security Act of 2002 \(6 U.S.C. 211\(r\)\) is amended by striking
“section, the terms” and inserting the following:
"section—
“\(1\) the term \`appropriate congressional committee'
means—
“\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
“\(B\) the Committee on Environment and Public Works of the
Senate;
“\(C\) the Subcommittee on Homeland Security and the
Subcommittee on Financial Services and General Government of
the Committee on Appropriations of the Senate;
“\(D\) the Committee on Oversight and Accountability of the
House of Representatives;
“\(E\) the Committee on Transportation and Infrastructure of
the House of Representatives; and
“\(F\) the Subcommittee on Homeland Security and the
Subcommittee on Financial Services and General Government of
the Committee on Appropriations of the House of
Representatives; and
“\(2\) the terms”.
\(c\) Reporting Requirements.—
\(1\) Defined term.—In this subsection, the term
“appropriate congressional committees” has the meaning
given such term in section 411\(r\)\(1\) of the Homeland Security
Act of 2002, as added by subsection \(b\)\(2\).
\(2\) Annual report land ports of entry report.—Not later
than 5 years after the date of the enactment of this Act, and
annually thereafter, the Secretary shall submit a report to
the appropriate congressional committees that includes—
\(A\) an inventory of all of the land ports of entry that are
under the custody of the Secretary of Homeland Security;
\(B\) the Federal departments and agencies that have
personnel stationed at any of the sites referred to in
section 411\(o\)\(3\)\(B\)\(i\)\(I\) of the Homeland Security Act of
2002, as added by subsection \(b\)\(1\);
\(C\) a description of any planned or ongoing maintenance
projects at such sites, including the timelines, budgets,
memoranda of understanding \(if applicable\), scoping
documents, technical specifications, contracting actions, and
review materials of such projects;
\(D\) the personnel actions taken pursuant to section
411\(o\)\(3\)\(C\) of such Act, as added by subsection \(b\)\(1\); and
\(E\) the contracting actions taken in accordance with the
streamlined process established pursuant to section
411\(o\)\(3\)\(D\) of such Act, as added by subsection \(b\)\(1\).
\(3\) Implementation report.—Not later than 5 years after
the date of the enactment of this Act, the Commissioner for
U.S. Customs and Border Protection and the Director of U.S.
Citizenship and Immigration Services shall jointly submit a
report to the appropriate congressional committees that
includes—
\(A\) a list of the land ports of entry described in section
411\(o\)\(3\)\(F\)\(i\)\(I\) of the Homeland Security Act of 2002, as
added by subsection \(b\)\(1\);
\(B\) the number of pedestrian lanes for asylum seekers at
each land port of entry included in the list required under
subparagraph \(A\);
\(C\) the memorandum of understanding described in section
411\(o\)\(3\)\(F\)\(ii\) of such Act, as added by subsection \(b\)\(1\);
\(D\) any recommended modifications to any facility located
at a land port of entry included in the list required under
subparagraph \(A\) including—
\(i\) modifications needed to improve the management aliens
seeking asylum at such facility;
\(ii\) any additional personnel that may be needed to manage
the flow of aliens seeking asylum at such facility; and
\(iii\) any technological upgrades that may be needed to
manage the flow of aliens seeking asylum at such facility;
and
\(E\) the projected cost for each element described in
subparagraph \(D\).
\(4\) Biannual port of entry donation report.—Not later than
180 days after the date of the enactment of this Act, and
biannually thereafter, the Comptroller General of the United
States shall—
\(A\) conduct a review of each project for which the
Secretary of Homeland Security accepted a donation authorized
under section 482 of the Homeland Security Act of 2002 \(6
U.S.C. 301a\); and
\(B\) submit a report to the appropriate congressional
committees that includes, with respect to the reporting
period—
\(i\) a description of each donation described in
subparagraph \(A\);
\(ii\) the source of each such donation;
\(iii\) an estimate of any savings to the Federal Government
resulting from each such donation;
\(iv\) an estimate of any costs incurred by the Federal
Government resulting from each such donation; and
\(v\) any waste, fraud, corruption, or abuse within the
Federal Government resulting from each such donation.
\(d\) Technical and Conforming Amendments.—
\(1\) Savings provision.—Section 422\(a\) of the Homeland
Security Act of 2002 \(6 U.S.C. 232\(a\)\) is amended by
inserting “section 411\(o\)\(3\),” after “Administrator
under”.
\(2\) Port of entry donation authority.—Section 482 of the
Homeland Security Act of 2002 \(6 U.S.C. 301a\) is amended—
\(A\) in subsection \(a\)\(1\), in the matter preceding
subparagraph \(A\), by striking “, in consultation with the
Administrator of General Services,”;
\(B\) in subsection \(b\)—
\(i\) in paragraph \(1\), in the matter preceding subparagraph
\(A\), by striking “, and the Administrator of General
Services, as applicable,”;
\(ii\) by striking paragraph \(3\);
\(iii\) by redesignating paragraph \(4\) as paragraph \(3\); and
\(iv\) in paragraph \(3\)\(B\), as redesignated, by striking “or
the General Services Administration”;
\(C\) in subsection \(c\)—
\(i\) in paragraph \(2\)—
\(I\) in the matter preceding subparagraph \(A\), by striking
“, in consultation with the Administrator of General
Services,”;
\(II\) in subparagraph \(B\), by striking “, the General
Services Administration,”; and
\(III\) in subparagraph \(E\), by striking “, and the General
Services Administration, as applicable,”;
\(ii\) in paragraph \(3\)—
\(I\) in subparagraph \(A\), in the matter preceding clause
\(i\), by striking “, in consultation with the Administrator
of General Services, as applicable,”;
\(II\) in subparagraph \(B\)\(ix\), by striking “or
Administrator”; and
\(III\) in subparagraph \(C\)\(ii\), by striking “, with the
concurrence of the Administrator of General Services, as
applicable,”;
\(iii\) by striking paragraph \(4\);
\(iv\) by redesignating paragraphs \(5\), \(6\), and \(7\), as
paragraphs \(4\), \(5\), and \(6\), respectively;
\(v\) in paragraph \(4\), as redesignated, by striking “, or
the Administrator of General Services, as applicable,”;
\(vi\) in paragraph \(5\), as redesignated—
\(I\) in subparagraph \(A\), by striking “and the
Administrator of General Services, as applicable,”; and
\(II\) in subparagraph \(B\), in the matter preceding clause
\(i\), by inserting an em dash after “that”; and
\(vii\) in paragraph \(6\), as redesignated, by striking “, in
collaboration with the Administrator of General Services, as
applicable,”; and
\(D\) by adding at the end the following:
“\(g\) Consultation With GSA.—Any requirement under this
section to consult or collaborate with the Administrator of
General Services applies only to donations with respect to
land ports of entry within the Administrator's custody and
control, and such requirements cease upon transfer of sole
custody to the Secretary.”.
\(e\) Effective Date.—The amendments made by this section
shall take effect on the date on which the Secretary of
Homeland Security assumes sole custody of each Government-
owned land port of entry along any United States
international border in accordance with section
411\(o\)\(3\)\(B\)\(ix\) of the Homeland Security Act of 2002, as
amended by subsection \(b\)\(1\).
SA 6233. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PILOT PROGRAM FOR PROPERTY ACQUISITIONS.
\(a\) Definitions.—In this section:
\(1\) Administrator.—The term “Administrator” means the
Administrator of the Federal Emergency Management Agency.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
\(B\) the Committee on Transportation and Infrastructure of
the House of Representatives.
\(3\) Covered community.—The term “covered community”
means a local government determined by the Administrator to
be able to meet relevant Federal and State statutory and
regulatory requirements for hazard mitigation assistance—
\(A\) with limited assistance from the State in which the
local government is located; and
\(B\) for which the Administrator received positive feedback
from the State in which the local government is located
relating to eligibility for the pilot program.
\(4\) Local government; state.—The terms “local
government” and “State” have the meanings given those
terms in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act \(42 U.S.C. 5122\).
\(5\) Pilot program.—The term “pilot program” means the
pilot program established under subsection \(b\).
\(b\) Establishment.—The Administrator shall carry out a
pilot program under which covered communities may directly
apply to the Administrator for hazard mitigation assistance
for the purposes of property acquisition and structure
demolition or relocation assistance under section 404\(b\) of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act \(42 U.S.C. 5170c\(b\)\).
\(c\) Selection.—
\(1\) Considerations.—In determining whether a local
government is a covered community for purposes of the pilot
program, the Administrator shall—
\(A\) consult with the State in which the local government is
located before determining the suitability of the local
government for the pilot program; and
\(B\) provide a written justification to the local government
and the State in which the local government is located for
selecting or not selecting the local government for the pilot
program, which shall be based on—
\(i\) the prior performance and current processes of the
local government relating to property acquisitions and other
hazard mitigation projects;
\(ii\) the level of need in the local government in
conducting or completing future or ongoing property
acquisition and structure demolition or relocation assistance
projects;
\(iii\) the risks posed to the local government by inclement
weather; and
\(iv\) such other matters as the Administrator determines
relevant.
\(2\) Criteria.—
\(A\) In general.—The Administrator shall select not more
than 2 local governments from each Federal Emergency
Management Agency region to participate in the pilot program.
\(B\) Limitation.—Not more than 1 local government shall be
selected from a State within a Federal Emergency Management
Agency region.
\(C\) Federal register notice.—Not later than 1 year after
the date of enactment of this Act, the Administrator shall
publish in the Federal Register a notice detailing the
requirements for local governments seeking to participate in
the pilot program.
\(3\) Length of participation.—A covered community may not
participate in the pilot program for a period of more than 48
months.
\(d\) Annual Report.—The Administrator shall submit to the
appropriate congressional committees an annual report on the
effectiveness of the pilot program, which shall include—
\(1\) a summary of the relevant characteristics of covered
communities selected for the pilot program, including
relevant demographic information, the number of properties in
the covered community participating in the National Flood
Insurance Program, and whether each covered community was
frequently impacted by other, non-flooding-related major
disasters;
\(2\) a determination of whether the pilot program
significantly expedited the property acquisition process of
the Federal Emergency Management Agency in covered
communities that participated in the pilot program;
\(3\) an evaluation of the problems, or potential problems,
caused or likely to be caused by permanently allowing covered
communities to directly apply for hazard mitigation
assistance for the purposes of property acquisition and
structure demolition or relocation assistance under section
404\(b\) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act \(42 U.S.C. 5170c\(b\)\), which shall be
informed by—
\(A\) feedback from covered communities participating in the
pilot program;
\(B\) the States in which the covered communities
participating in the pilot program are located; and
\(C\) such other factors as the Administrator determines
relevant; and
\(4\) an evaluation of whether the pilot program should be
made permanent, ended, or extended for a certain period of
time.
\(e\) Termination.—The pilot program shall terminate not
later than 8 years after the date on which the Administrator
selects the covered communities for participation in the
pilot program under subsection \(c\)\(2\).
\(f\) Authorization of Appropriations.—There are authorized
to be appropriated such sums as may be necessary to carry out
the pilot program.
SA 6234. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROMOTING OPPORTUNITIES TO WIDEN ELECTRICAL
RESILIENCE.
\(a\) In General.—Section 403 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act \(42 U.S.C.
5170b\) is amended by adding at the end the following:
“\(e\) Electric Utilities.—
“\(1\) Hazard mitigation activities.—An electric utility
may carry out cost-effective hazard mitigation activities
jointly or otherwise in combination with activities for the
restoration of power carried out with assistance provided
under this section.
“\(2\) Eligibility for additional assistance.—In any case
in which an electric utility facility receives assistance
under this section for the emergency restoration of power,
the receipt of such assistance shall not render such facility
ineligible for any hazard mitigation assistance under section
406 for which such facility is otherwise eligible.”.
\(b\) Applicability.—The amendment made by subsection \(a\)
shall only apply to amounts appropriated on or after the date
of enactment of this Act.
SA 6235. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SECTION 1270A. COLLABORATION INVOLVING SCANNED IMAGES FROM
CERTAIN PORTS OF ENTRY.
\(a\) Short Title.—This section may be cited as the
“Strengthening Security Through Joint Cargo Scanning Act”.
\(b\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(B\) the Committee on Finance of the Senate;
\(C\) the Committee on Foreign Relations of the Senate;
\(D\) the Committee on Appropriations of the Senate;
\(E\) the Committee on Homeland Security of the House of
Representatives;
\(F\) the Committee on Ways and Means of the House of
Representatives;
\(G\) the Committee on Foreign Affairs of the House of
Representatives; and
\(H\) the Committee on Appropriations of the House of
Representatives.
\(2\) Program.—The term “Program” means the pilot program
authorized under subsection \(c\).
\(3\) Secretary.—The term “Secretary” means the Secretary
of Homeland Security.
\(c\) In General.—The Secretary, in consultation with the
Secretary of State, may establish, pursuant to a bilateral
agreement with a foreign government, a 5-year pilot program
to improve border security in the United States through the
analysis of manifest data and images of cargo and conveyances
captured by non-intrusive scanning technologies deployed at
designated foreign ports of entry.
\(d\) Program Participants.—The Program may be staffed by
approved law enforcement officers from—
\(1\) U.S. Customs and Border Protection;
\(2\) U.S. Immigration and Customs Enforcement;
\(3\) any other Federal law enforcement agency, as
appropriate, that has been designated as a Program
participant by the Secretary; and
\(4\) appropriate law enforcement agencies of foreign
government that are members of a vetted unit established by
the United States Government.
\(e\) Program Location.—The United States Government, to the
greatest extent practicable, shall carry out the analysis
function of the Program at the National Targeting Center
operated by U.S. Customs and Border Protection.
\(f\) Manifest Data.—To the greatest extent practicable, the
Program shall allow for the sharing of manifest data from the
designated foreign ports of entry with U.S. Customs and
Border Protection for the purpose of carrying out the
Program.
\(g\) Prohibition on Foreign Participation.—The Program
shall require participating foreign governments to prohibit—
\(1\) the handling of, access to, and analysis of any
manifest data or images generated from non-intrusive
inspection technologies by any law enforcement officer of the
foreign government;
\(2\) the processing of data to carry out the Program through
any hardware or software that does not meet the requirements
established by the Secretary, in consultation with the
Secretary of State; and
\(3\) the acquisition of hardware, software, or commercial
off-the-shelf solutions by the United States Government or a
participating foreign government that is produced by any
entity designated on the entity list administered by the
Bureau of Industry and Security of the Department of
Commerce.
\(h\) Participating Ports of Entry.—The Program shall
designate 5 ports of entry in the participating foreign
country through which cargo and conveyances are transported
from a participating foreign country to the United States,
including at least 1 international rail crossing and 2 land
ports of entry.
\(i\) Privacy, Civil Rights, and Civil Liberties.—The
Secretary, or the designee of the Secretary, shall specify
training requirements for all United States Government
personnel who participate in the Program to guarantee the
protection of civil rights, civil liberties, and privacy of
all individuals within the jurisdiction of the United States,
in accordance with Federal law.
\(j\) Quarterly Congressional Briefings.—Not later than 90
days after the date of the enactment of this Act, and every
90 days thereafter, the Secretary, or the Secretary's
designee, shall brief the appropriate congressional
committees regarding the implementation of this Act.
\(k\) Bilateral Agreement.—
\(1\) Submission.—Not later than 30 days after the execution
of any bilateral agreement to carry out the Program, the
Secretary, or the Secretary's designee, shall submit to the
appropriate congressional committees—
\(A\) an unredacted copy of such agreement; and
\(B\) a written description of the elements and scope of the
Program.
\(2\) Briefing.—Not later than 7 days after submitting the
report required under paragraph \(1\), the Secretary, or the
Secretary's designee, shall brief the appropriate
congressional committees regarding the implementation of the
agreement referred to in paragraph \(1\).
\(3\) Form.—The agreement and written description contained
in the report submitted pursuant to paragraph \(1\) and the
briefing provided pursuant to paragraph \(2\) may be in
classified form to protect national security or to comply
with any applicable Federal law.
\(l\) Semiannual Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter
while the Program is operational, the Secretary shall submit
a report to the appropriate congressional committees that
includes, with respect to the reporting period—
\(A\) the number of United States Government law enforcement
personnel who are authorized to participate in the Program,
disaggregated by Federal department or agency;
\(B\) the name and type of ports of entry that are authorized
participate in the Program;
\(C\) the total amount of cargo and conveyances flowing
through the ports of entry that are authorized to participate
in the Program, disaggregated by—
\(i\) the direction of travel \(whether into the United States
from a participating foreign
country or away from the United States to a participating
foreign country\); and
\(ii\) by port of entry;
\(D\) the total number and percentage of total cargo and
conveyances that were scanned by non-intrusive inspection
technology at ports of entry authorized to participate in the
Program, disaggregated by port of entry;
\(E\) the total number and percentage of manifests and
underlying manifest data analyzed by law enforcement
personnel under the Program;
\(F\) the number of identified anomalies in the images
generated by non-intrusive inspection technologies at ports
of entry authorized to participate in the Program,
disaggregated by port of entry;
\(G\) the number of anomalies in the manifests and underlying
manifest data analyzed by law enforcement personnel under the
Program, disaggregated by originating port of entry of such
cargo and conveyance;
\(H\) the total number of seizures of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, resulting from the analysis of images captured by
non-intrusive inspection technologies at a participating port
of entry under the Program, disaggregated by originating port
of entry; and
\(I\) the total number of seizures of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, resulting from the analysis of manifest data by law
enforcement personnel of a participating foreign country,
disaggregated by originating port of entry.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in an unclassified format, but may include a
classified annex.
\(m\) Assessment.—
\(1\) In general.—Not later than 180 days after the
termination of the Program, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees containing an assessment of the
Program, including—
\(A\) the methodology used by the Secretary and the
participating foreign government to identify participating
ports of entry;
\(B\) whether the Program strengthened the security of the
United States borders;
\(C\) whether the Program increased the interdiction of
contraband, persons seeking to unlawfully enter the United
States, or illicitly concealed merchandise, including illicit
drugs or terrorist weapons at participating ports of entry;
\(D\) any security concerns regarding the deployment of any
United States Government-owned hardware or software assets in
the participating foreign country;
\(E\) any security concerns regarding the access to data
under the Program by participating foreign government law
enforcement personnel;
\(F\) whether the Program meaningfully increased throughput
at participating ports of entry;
\(G\) the impact of the Program on United States businesses
and foreign businesses that carry out international trade at
participating ports of entry;
\(H\) whether additional measures could ensure that the
Program facilitates the seizure of contraband, persons
seeking to unlawfully enter the United States, or illicitly
concealed merchandise, including illicit drugs or terrorist
weapons, at participating ports of entry; and
\(I\) whether additional measures could ensure that the
Program mitigates any impacts referred to in subparagraph
\(G\).
\(2\) Access to data.—The Comptroller General shall have
ongoing access to any data necessary to complete the
assessment required under paragraph \(1\) on time.
\(3\) Quarterly briefings by comptroller general.—Not less
frequently than once every 90 days while the Program is
operational, the Comptroller General, or the Comptroller
General's designee, shall brief the appropriate congressional
committees regarding the progress towards completing the
assessment required under paragraph \(1\).
SA 6236. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Border Enforcement, Security, and Trade Facilitation
SEC. 1091. SHORT TITLES.
This subtitle may be cited as the “Border Enforcement,
Security, and Trade Facilitation Act of 2025” or the “BEST
Facilitation Act”.
SEC. 1092. OFFICE OF FIELD OPERATIONS IMAGE TECHNICIAN PILOT
PROGRAM.
\(a\) In General.—Section 411\(g\) of the Homeland Security
Act of 2002 \(6 U.S.C. 211\(g\)\) is amended by adding at the end
the following:
“\(6\) Image technician pilot program.—
“\(A\) Image technician 1.—
“\(i\) In general.—There shall be in the Office of Field
Operations, Image Technician 1 positions, which shall be
filled in accordance with the provisions under chapter 33
\(relating to appointments in the competitive service\) and
chapters 51 and 53 \(relating to classification and rates of
pay\) of title 5, United States Code.
“\(ii\) Conditions.—Image Technician 1 positions—
“\(I\) may be filled by existing U.S. Customs and Border
Protection employees;
“\(II\) are not law enforcement officer positions;
“\(III\) may not be filled by independent contractors; and
“\(IV\) shall be assigned to a regional command center
established under subparagraph \(F\).
“\(iii\) Duties.—The duties of an Image Technician 1 shall
include—
“\(I\) reviewing non-intrusive inspection images of
conveyances and containers entering or exiting the United
States through a land, sea, or air port of entry or
international rail crossing;
“\(II\) assessing whether images of conveyances and
containers appear to contain anomalies indicating the
potential presence of contraband, persons unlawfully seeking
to enter or exit the United States, or illicitly concealed
merchandise, including illicit drugs and terrorist weapons;
“\(III\) recommending entry release or exit release for any
conveyances and containers whenever the images of such items
do not include noticeable anomalies indicating the potential
presence of contraband, persons seeking to unlawfully enter
or exit the United States, or illicitly concealed
merchandise, including illicit drugs or terrorist weapons, to
the U.S. Customs and Border Protection Officer responsible
for inspecting such conveyance or container; and
“\(IV\) recommending further inspection of any conveyances
and containers whenever the Image Technician reasonably
believes that an image of any such item contains anomalies
indicating the potential presence of contraband, persons
seeking to unlawfully enter or exit the United States, or
illicitly concealed merchandise, such as illicit drugs or
terrorist weapons, to the U.S. Customs and Border Protection
officer who is responsible for inspecting such conveyance or
container.
“\(B\) Image technician 2.—
“\(i\) In general.—There shall be in the Office of Field
Operations, Image Technician 2 positions, which shall be
filled in accordance with the provisions under chapter 33
\(relating to appointments in the competitive service\) and
chapters 51 and 53 \(relating to classification and rates of
pay\) of title 5, United States Code.
“\(ii\) Conditions.—Image Technician 2 positions—
“\(I\) may be filled by existing U.S. Customs and Border
Protection employees;
“\(II\) are not law enforcement officer positions;
“\(III\) may not be filled by independent contractors; and
“\(IV\) shall be assigned to a regional command center
established under subparagraph \(F\).
“\(iii\) Duties.—The duties of an Image Technician 2 shall
include—
“\(I\) carrying out all of the duties described in
subclauses \(I\) through \(IV\) of subparagraph \(A\)\(ii\);
“\(II\) receiving intelligence from the National Targeting
Center regarding tactics, techniques, and procedures being
used at ports of entry and in the border environment by
malign actors to facilitate the unlawful entry or exit of
contraband, persons, or illicitly concealed merchandise, such
as illicit drugs or terrorist weapons; and
“\(III\) reporting new information to the National Targeting
Center regarding tactics, techniques, and procedures being
used at ports of entry and in the border environment by
malign actors to facilitate the unlawful entry or exit of
contraband, persons, or concealed merchandise, such as
illicit drugs or terrorist weapons.
“\(C\) Supervisory u.s. customs and border protection
officers.—
“\(i\) Supervision.—All image technicians shall be
supervised by a Supervisory U.S. Customs and Border
Protection Officer.
“\(ii\) Discretion and decision-making authority.—The
appropriate Supervisory U.S. Customs and Border Protection
Officer, while working with image technicians, shall retain
the discretion and final decision-making authority—
“\(I\) to release conveyances or cargo for entry; or
“\(II\) to refer such conveyance or cargo for further
inspection.
“\(iii\) Training.—A Supervisory U.S. Customs and Border
Protection Officer who supervises image technicians shall
receive additional training in accordance with subparagraph
\(D\).
“\(D\) Training requirements.—All image technicians shall
receive annual training and additional ad hoc training, to
the extent necessary based on current trends, regarding—
“\(i\) respecting privacy, civil rights, and civil
liberties, including the protections against unreasonable
searches and seizures afforded by the First and Fourth
Amendments to the Constitution of the United States, as
applicable and as interpreted by the Federal courts;
“\(ii\) analyzing images generated by non-intrusive
inspection technologies or any successor technologies
deployed by U.S. Customs and Border Protection;
“\(iii\) identifying commodities and merchandise in images
generated by non-intrusive inspection technologies or any
successor technologies deployed by U.S. Customs and Border
Protection;
“\(iv\) identifying contraband, persons who are seeking to
unlawfully enter or exit the United States, or illicitly
concealed merchandise, such as illicit drugs or terrorist
weapons, in images generated by non-intrusive technologies or
any successor technologies deployed by U.S. Customs and
Border Protection;
“\(v\) tactics, techniques, and procedures being used at
ports of entry and in the border environment by malign actors
to facilitate the unlawful entry or exit of contraband,
persons, or illicitly concealed merchandise, such as illicit
drugs or terrorist weapons; and
“\(vi\) any other training that the Commissioner of U.S.
Customs and Border Protection determines to be relevant to
the duties described in subparagraphs \(A\)\(iii\) or \(B\)\(iii\).
“\(E\) Annual assessment.—All image technicians shall
receive annual testing with respect to their—
“\(i\) accuracy in image analysis;
“\(ii\) timeliness in image analysis; and
“\(iii\) ability to ascertain tactics, techniques, and
procedures being used at ports of entry and in the border
environment by malign actors to facilitate the unlawful entry
or exit of contraband, persons, or illicitly concealed
merchandise, such as illicit drugs or terrorist weapons.
“\(F\) Command centers.—As part of the pilot program
established under this paragraph, the Executive Assistant
Commissioner of the Office of Field Operations shall
establish 5 regional command centers at land, rail, air, and
sea ports in which image technicians shall review non-
intrusive inspection images.
“\(G\) Rule of construction.—Nothing in this paragraph may
be construed to affect the discretion and final decision-
making authority given to U.S. Customs and Border Protection
Officers to release conveyances or cargo for entry or exit or
to refer such conveyances or cargo for further inspection.”.
\(b\) Effective Date.—
\(1\) Sunset.—The amendment made by subsection \(a\) shall
cease to have effect on the date that is 5 years after the
date of the enactment of this Act.
\(2\) Transfers authorized.—Upon the termination of the
pilot program established by section 411\(g\)\(6\) of the
Homeland Security Act of 2002, as added by subsection \(a\),
individuals occupying Image Technician 1 or Image Technician
2 positions in the Office of Field Operations may transfer to
comparable positions within U.S. Customs and Border
Protection or the Department of Homeland Security.
SEC. 1093. REPORTING REQUIREMENTS.
\(a\) Semiannual Reports.—Not later than 180 days after the
hiring of the first positions described in section 411\(g\)\(6\)
of the Homeland Security Act of 2002, as added by section
1092\(a\), and every 180 days thereafter, the Commissioner of
U.S. Customs and Border Protection, in consultation with the
Executive Assistant Commissioner of the Office of Field
Operations, shall submit a report to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives that identifies—
\(1\) the number of Image Technician 1 and Image Technician 2
positions filled during the reporting period;
\(2\) the number of Image Technician 1 and Image Technician 2
positions currently employed by the Office of Field
Operations, disaggregated by—
\(A\) port of entry or field office;
\(B\) image technician position; and
\(C\) command center, as applicable;
\(3\) the daily average number of images scanned by each
Image Technician 1 and each Image Technician 2;
\(4\) training methodologies utilized to train image
technicians;
\(5\) assessment passage rates of image technicians;
\(6\) the impact of image technicians on interdiction rates
at ports of entry and international rail crossings at which
image technicians are stationed or from which image
technicians review images, including—
\(A\) throughput increases or decreases at such ports of
entry and international rail crossings;
\(B\) increases or decreases in waiting times at such ports
of entry and international rail crossings;
\(C\) average wait times at such ports of entry and
international rail crossings; and
\(D\) increases or decreases of seizures of contraband,
persons seeking to unlawfully enter or exit the United
States, or illicitly concealed merchandise, such as illicit
drugs or terrorist weapons, broken down by type of seizure
and port of entry or international rail crossing;
\(7\) the impact of image technicians on U.S. Customs and
Border Protection's capability to review non-intrusive
inspection images of conveyances and containers entering or
exiting the United States through a land, sea, or air port of
entry or international rail crossing;
\(8\) an assessment of the effectiveness with which image
technicians carry out the duties described in subparagraphs
\(A\)\(iii\) and \(B\)\(iii\) of section 411\(g\)\(6\) of the Homeland
Security Act of 2002, as added by section 2092\(a\), compared
to any U.S. Customs and Border Protection officers who are
assigned such duties.
\(9\) the progress made in establishing command centers under
the pilot program established by such section;
\(10\) any infrastructure or resource needs required to
establish such command centers; and
\(11\) the ports of entry and international rail crossing, as
applicable, that are supported by such a command center.
\(b\) Biannual Briefings.—The Executive Assistant
Commissioner of the Office of Field Operations shall provide
biannual briefings to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives regarding
the information described in the latest report submitted
pursuant to subsection \(a\).
SA 6237. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—E-Verify for Federal Contractors
SEC. 1091. SHORT TITLES.
This subtitle may be cited as the “Secure And Fair
Employment in Federal Contracting Act” or the “SAFE
Contracting Act”.
SEC. 1092. E-VERIFY COMPLIANCE REQUIREMENT.
\(a\) In General.—Chapter 47 of title 41, United States
Code, is amended by adding at the end the following:
“Sec. 4715. E-Verify compliance requirement
“\(a\) Definitions.—
“\(1\) Entity.—The term \`entity' means any organization
seeking to provide goods or services to the United States
Government, including any parent company, subsidiary, or
affiliate of such organization.
“\(2\) E-verify program.—The term \`E-Verify Program' means
the program described in section 403\(a\) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
\(8 U.S.C. 1324a note\).
“\(3\) Executive agency.—The term \`executive agency'
means—
“\(A\) an Executive department, a military department, or an
independent establishment \(as such terms are defined in
sections 101, 102, and 104\(1\) of title 5, United States
Code\); and
“\(B\) any wholly owned Government corporation \(as defined
in section 9101\(3\) of title 31, United States Code\).
“\(b\) Contractor Certification.—Each entity submitting a
bid or proposal for a contract with an executive agency shall
include, in such bid or proposal, a certification that such
entity, and each subcontractor such entity will use to carry
out its duties under such contract—
“\(1\) is currently enrolled in the E-Verify Program; and
“\(2\) is fully complying with all statutes, regulations,
and policies governing the E-Verify Program.
“\(c\) Prohibition.—An executive agency may not award a
contract to an entity that has not made the certification
required under subsection \(b\).
“\(d\) Extension or Renewal of Contracts.—Not later than 1
year after the date of the enactment of the SAFE Contracting
Act, each executive agency shall incorporate the procedures
described in subsections \(b\) and \(c\) into their contract
extension and renewal procedures.
“\(e\) Agency Determination of Contractor Compliance.—Each
executive agency shall—
“\(1\) evaluate each certification submitted pursuant to
subsection \(b\) by any entity with which such executive agency
seeks to enter into a contract and any other information
relevant to the entity's enrollment in the E-Verify Program
and its compliance with all statutes, regulations, and
policies governing the E-Verify Program;
“\(2\) before awarding such contract, confirm that such
entity—
“\(A\) is enrolled in the E-Verify Program; and
“\(B\) is fully complying with all statutes, regulations,
and policies governing the E-Verify Program; and
“\(3\) after awarding such contract—
“\(A\) monitor such entity's continued compliance with all
statutes, regulations, and policies governing the E-Verify
Program; and
“\(B\) annually post, on a publicly available website, such
executive agency's findings regarding such compliance.
“\(f\) Procedures for Noncompliance.—
“\(1\) Notice.—Not later than 14 days after an executive
agency determines that an entity currently contracting with
such executive agency is not in full compliance with all
statutes, regulations, and policies governing the E-Verify
Program, such executive agency shall submit written notice to
such entity describing such noncompliance and any actions
such entity must complete to return to full compliance.
“\(2\) Consequence for continued noncompliance.—If an
entity fails to return to full compliance during the 30-day
period beginning on the date on which such entity receives
notice pursuant to paragraph \(1\), such entity shall be
referred to the Administrator of General Services for
suspension and debarment proceedings in accordance with
subpart 9.4 of the Federal Acquisition Regulation.
“\(g\) Subcontractor Compliance.—
“\(1\) In general.—Before any subcontract is awarded under
any contract awarded by an executive agency, such executive
agency shall ensure that the entity selected for such
subcontract—
“\(A\) is enrolled in the E-Verify Program; and
“\(B\) maintains continuous compliance with all statutes,
regulations, and policies governing the E-Verify Program.
“\(2\) Procedures for noncompliance.—
“\(A\) Notice.—Not later than 14 days after an executive
agency determines that an subcontractor of an entity
currently contracting with such executive agency is not in
full compliance with all statutes, regulations, and policies
governing the E-Verify Program, such executive agency shall
submit written notice to such subcontractor describing such
noncompliance and any actions such subcontractor must
complete to return to full compliance.
“\(B\) Consequence for continued noncompliance.—If a
subcontractor fails to return to full compliance during the
30-day period beginning on the date on which such
subcontractor receives notice pursuant to subparagraph \(A\),
such subcontractor shall be referred to the Administrator of
General Services for suspension and debarment proceedings in
accordance with subpart 9.4 of the Federal Acquisition
Regulation.”.
\(b\) Clerical Amendment.—The table of sections for chapter
47 of title 41, United States Code, is amended by adding at
the end the following:
“4715. E-Verify compliance requirement.”.
SEC. 1093. IMPLEMENTATION.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act—
\(1\) the Federal Acquisition Regulatory Council shall amend
the Federal Acquisition Regulation to implement and the
amendments made by section 1092; and
\(2\) the Administrator of the Office of Federal Procurement
Policy shall develop and implement all policies and
procedures necessary to implement such amendments, which,
after consultation with the Director of the Office of
Management and Budget, shall include clarification of the
responsibilities and expectations of Executive agencies in
monitoring contractor enrollment in, and compliance with, the
E-Verify Program.
\(b\) Data Collection.—Not later than 1 year after the date
of the enactment of this Act, to help ensure the accuracy of
Federal procurement data and to better monitor contractor
compliance with the E-Verify Program, U.S. Citizenship and
Immigration Services shall—
\(1\) develop and implement information collection measures
detailing Federal contractors enrolled in the E-Verify
program; and
\(2\) notify Executive agencies of such information
collection measures once such measures have been developed
and implemented.
\(c\) Limitations on Regulations, Policies, and Procedures.—
Regulations, policies, and procedures issued pursuant to
subsection \(a\) may not reduce or limit, or authorize waivers
for, any of the requirements described in of the amendments
made by section 1092.
SEC. 1094. ANNUAL REPORTS.
\(a\) In General.—Section 1131 of title 41, United States
Code, is amended—
\(1\) in the section heading, by striking “report” and
inserting “reports”;
\(2\) by striking “The Administrator” and inserting the
following:
“\(a\) In General.—The Administrator”; and
\(3\) by adding at the end the following:
“\(b\) E-Verify Compliance Report.—The Administrator, in
consultation with the Director of U.S. Citizenship and
Immigration Services, shall annually submit a report to the
appropriate congressional committees that—
“\(1\) summarizes the information posted on each executive
agency's public website pursuant to section 4715\(e\)\(3\)\(B\);
and
“\(2\) identifies the number of entities that have been
referred to the Administrator of General Services during the
reporting period pursuant to section 4715\(f\)\(2\) due to
continued noncompliance with the E-Verify Program.”.
\(b\) Clerical Amendment.—The table of sections for chapter
11 of title 41, United States Code, is amended by striking
the item relating to section 1131 and inserting the
following:
1131. Annual reports.
SA 6238. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. PROHIBITION ON FINANCING BY EXPORT-IMPORT BANK OF
THE UNITED STATES FOR PERSONS WITH SERIOUSLY
DELINQUENT TAX DEBT.
Section 2 of the Export-Import Bank Act of 1945 \(12 U.S.C.
635\) is amended by adding at the end the following:
“\(m\) Prohibition on Financing for Persons With Seriously
Delinquent Tax Debt.—
“\(1\) In general.—The Bank may prohibit the disbursement
of financing to any person with seriously delinquent tax debt
or for any project if any person participating in the project
has seriously delinquent tax debt.
“\(2\) Determinations of debt.—For purposes of paragraph
\(1\), the Bank shall determine if a person has seriously
delinquent tax debt—
“\(A\) using information available through the System for
Award Management website and data-analytical approaches; and
“\(B\) in consultation with the Commissioner of Internal
Revenue.
“\(3\) Waiver.—If the Bank imposes the prohibition
authorized by paragraph \(1\), the President of the United
States may waive that prohibition with respect to a person if
the President—
“\(A\) determines that there are urgent and compelling
circumstances significantly affecting the interests of the
United States that require the financing to be provided; and
“\(B\) not later than 30 days after making that
determination, submits to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives a report
that includes the rationale for the determination and
relevant information supporting the determination.
“\(4\) Seriously delinquent tax debt defined.—In this
subsection, the term \`seriously delinquent tax debt'—
“\(A\) means a Federal tax liability that has been assessed
by the Secretary of the Treasury under the Internal Revenue
Code of 1986 and may be collected by the Secretary by levy or
by a proceeding in court; and
“\(B\) does not include—
“\(i\) a debt that is being paid in a timely manner pursuant
to an agreement under section 6159 or section 7122 of such
Code;
“\(ii\) a debt with respect to which a collection due
process hearing under section 6330 of such Code, or relief
under subsection \(a\), \(b\), or \(f\) of section 6015 of such
Code, is requested or pending;
“\(iii\) a debt with respect to which a continuous levy has
been issued under section 6331 of such Code \(or, in the case
of an applicant for employment, a debt with respect to which
the applicant agrees to be subject to such a levy\); and
“\(iv\) a debt with respect to which such a levy is released
under section 6343\(a\)\(1\)\(D\) of such Code.”.
SA 6239. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . BENEFICIAL OWNERSHIP INFORMATION REPORTING
REQUIREMENTS.
\(a\) In General.—Section 5336 of title 31, United States
Code—
\(1\) in subsection \(a\)—
\(A\) by striking paragraph \(2\) and inserting the following:
“\(2\) Applicant.—The term \`applicant' means any individual
who registers or files an application to register a
corporation, limited liability company, or other similar
entity formed under the laws of a foreign country to do
business in the United States by filing a document with the
secretary of state or similar office under the laws of a
State or Indian Tribe.”;
\(B\) in paragraph \(3\)\(B\)—
\(i\) in clause \(iv\), by striking “or” at the end;
\(ii\) in clause \(v\), by striking the period at the end and
inserting “; or”; and
\(iii\) by adding at the end the following:
“\(vi\) any United States person.”; and
\(C\) in paragraph \(11\), by striking subparagraph \(A\) and
inserting the following:
“\(A\) means a corporation, limited liability company, or
other similar entity that is—
“\(i\) formed under the law of a foreign country; and
“\(ii\) registered to do business in the United States by
the filing of a document with a secretary of state or a
similar office under the laws of a State or Indian Tribe;
and”; and
\(2\) in subsection \(b\)\(2\)\(A\)\(iv\)—
\(A\) in subclause \(I\), by striking “or” at the end;
\(B\) in subclause \(II\), by striking the period at the end
and inserting a semicolon; and
\(C\) by adding at the end the following:
“\(III\) the foreign jurisdiction of formation of the
reporting company; or
“\(IV\) the State or tribal jurisdiction where the reporting
company first registers.”.
\(b\) Exemptions.—
\(1\) Definitions.—In this subsection, the terms
“beneficial owner”, “reporting company”, and “United
States person” have the meanings given the terms in section
5336 of title 31, United States Code.
\(2\) Exemptions.—Notwithstanding any other provision of
law—
\(A\) no reporting company shall be required to report the
beneficial ownership information of any United States person
who is a beneficial owner; and
\(B\) no United States person shall be required to provide
beneficial ownership information with respect to any
reporting company for which they are a beneficial owner.
\(c\) Deletion of Information.—
\(1\) In general.—Not later than 90 days after the date of
enactment of this Act, the Financial Crimes Enforcement
Network of the Department of Treasury shall delete all
beneficial ownership information of any United States person.
\(2\) Retention.—The Financial Crimes Enforcement Network
may maintain any beneficial ownership information relating to
any person that is not a United States person.
SA 6240. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROTECTION FROM TREATMENT-RELATED CREDIT HARM.
\(a\) Amendments to Fair Credit Reporting Act.—
\(1\) Medical debt defined.—Section 603 of the Fair Credit
Reporting Act \(15 U.S.C. 1681a\) is amended by adding at the
end the following:
“\(bb\) Medical Debt.—The term \`medical debt' means a debt
arising from the receipt of medical services, products, or
devices.”.
\(2\) Exclusion for medical debt.—
\(A\) In general.—Section 605\(a\) of the Fair Credit
Reporting Act \(15 U.S.C. 1681c\(a\)\) is amended by striking
paragraph \(6\) and inserting the following:
“\(6\)\(A\) Any adverse information related to a medical debt,
including a medical debt that was placed for collection,
charged to profit or loss, or subjected to any similar
action.
“\(B\) Nothing in subparagraph \(A\) may be construed to
prevent a consumer reporting agency from collecting the
information described in that subparagraph.”.
\(B\) Technical and conforming amendments.—Section 604\(g\) of
the Fair Credit Reporting Act \(15 U.S.C. 1681b\(g\)\) is
amended—
\(i\) in paragraph \(1\)—
\(I\) in the matter preceding subparagraph \(A\), by striking
“\(other than medical contact information treated in the
manner required under section 605\(a\)\(6\)\)”;
\(II\) in subparagraph \(A\), by adding “or” at the end;
\(III\) in subparagraph \(B\)\(ii\), by striking “; or” and
inserting a period; and
\(IV\) by striking subparagraph \(C\); and
\(ii\) in paragraph \(2\), by striking “\(other than medical
information treated in the manner required under section
605\(a\)\(6\)\)”.
\(b\) Modification of Regulations Relating to Prohibitions on
Use of Medical Debt Information.—
\(1\) Definitions.—In this subsection, the terms “credit”
and “creditor” have the meanings given those terms in
section 702 of the Equal Credit Opportunity Act \(15 U.S.C.
1691a\).
\(2\) Requirement.—Not later than 1 year after the date of
enactment of this Act, the Director of the Bureau of Consumer
Financial Protection shall amend section 1022.30 of title 12,
Code of Federal Regulations, or any successor regulation, to
ensure that creditors are prohibited from obtaining or using
information relating to the medical debt of a consumer in
determining whether or not to extend credit to that consumer.
SA 6241. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. TREASURY REPORTS.
\(a\) Thresholds for Currency Transaction Reports.—
\(1\) Currency transaction reports.—
\(A\) Initial updated threshold.—Not later than 180 days
after the date of enactment of this Act, the Secretary of the
Treasury shall issue regulations pursuant to sections 5313
and 5315 of title 31, United States Code, to update each
threshold amount under such regulations that is $10,000 to be
$30,000.
\(B\) Inflation adjustment.—
\(i\) In general.—Not later that 5 years after the date on
which the Secretary of the Treasury updates regulations under
subparagraph \(A\), and every 5 years thereafter, the Secretary
of the Treasury shall issue regulations pursuant to sections
5313 and 5315 of title 31, United States Code, to update each
threshold amount under such regulations required to be
updated under subparagraph \(A\) to reflect the change during
the applicable 5-year period in the Consumer Price Index for
All Urban Consumers published by the Bureau of Labor
Statistics of the Department of Labor, which shall be rounded
to the nearest multiple of $1,000.
\(ii\) Effective date.—Each adjustment under clause \(i\)
shall take effect on the first January 1 occurring after the
date on which the Secretary of the Treasury publishes the
adjustment.
\(2\) Reports relating to coins and currency received in
nonfinancial trade or business.—Section 5331 of title 31,
United States Code, is amended—
\(A\) by striking “$10,000” each place it appears in a
heading or the text and inserting “$30,000”; and
\(B\) by adding at the end the following:
“\(e\) Updates for Inflation.—
“\(1\) In general.—Not later than 5 years after the date of
enactment of this subsection, and every 5 years thereafter,
the Secretary of the Treasury shall update each dollar figure
under this section to reflect the change during the
applicable 5-year period in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor, which shall be rounded to the
nearest multiple of $1,000.
“\(2\) Effective date.—Each adjustment under paragraph \(1\)
shall take effect on the first January 1 occurring after the
date on which the Secretary of the Treasury publishes the
adjustment.”.
\(b\) Thresholds for Suspicious Activity Reports.—Not later
than 180 days after the date of enactment of this Act, the
head of each Federal agency that issues regulations with
respect to reports on suspicious transactions described under
section 5318\(g\) of title 31, United States Code, shall update
each threshold amount under such regulations that is $2,000
to be $3,000 and each threshold amount under such regulations
that is $5,000 to be $10,000.
\(c\) Review and Report.—Not later than 360 days after the
date of enactment of this Act, the Secretary of the Treasury
shall—
\(1\) review the forms and reporting and recordkeeping
requirements issued pursuant to sections 5313, 5315, and 5318
of title 31, United States Code, which shall include an
analysis on the aggregation, prioritization, and automation
of those forms and requirements, to ensure that such forms
and reporting requirements are effective and efficient in
identifying illicit finance activity;
\(2\) update the forms and requirements described in
paragraph \(1\) as the Secretary of the Treasury determines
necessary and consistent with section 5318\(g\)\(5\) of title 31,
United States Code;
\(3\) conduct the reviews and submit the reports required
under sections 6204, 6205, and 6216 of the Anti-Money
Laundering Act of 2020 \(division F of the William M. \(Mac\)
Thornberry National Defense Authorization Act for Fiscal Year
2021; 134 Stat. 4569; 31 U.S.C. 5313 note, 31 U.S.C. 5311
note\); and
\(4\) submit to the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Committee on Financial Services
of the House of Representatives a report that—
\(A\) summarizes the results of the review conducted under
paragraph \(1\); and
\(B\) includes recommendations for updating the forms and
requirements described in paragraph \(1\).
\(d\) Rule of Construction.—Nothing in this section shall be
construed to—
\(1\) alter the ability of the Secretary of the Treasury to
issue geographic targeting orders pursuant to section 5326 of
title 31, United States Code;
\(2\) alter any legal grounds for any geographic targeting
order issued on or before the date of enactment of this Act;
or
\(3\) alter the ability of the Secretary of the Treasury to
reduce reporting thresholds when consistent with all
applicable law.
SA 6242. Mr. KENNEDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. ADJUSTMENT OF CENSUS INCOME INEQUALITY CALCULATION.
\(a\) Definitions and Special Rules.—In this section:
\(1\) Administering agency.—The term “administering
agency” means a Federal, State, or local governmental agency
responsible for assessing income, collecting revenue,
administering a benefit, or collecting, compiling, and
analyzing data related to income assessments, revenue
collections, or benefits administration.
\(2\) Director.—The term “Director” means the Director of
the Bureau of the Census.
\(3\) Earned income.—
\(A\) In general.—The term “earned income” means income
paid to individuals from the following:
\(i\) Earnings from employment or self-employment, including
employment by a governmental entity to perform specific
services, with continued employment conditional on successful
delivery of those services.
\(ii\) Interest.
\(iii\) Dividends.
\(iv\) Rents, royalties, and estates and trusts.
\(v\) Realized capital gains.
\(vi\) The monetary value of employer-paid benefits,
including—
\(I\) health insurance premiums;
\(II\) the actuarial value of—
\(aa\) employer-funded health insurance net of employee
contributions;
\(bb\) life insurance premiums;
\(cc\) contributions to a health savings account \(as defined
in section 223\(d\) of the Internal Revenue Code of 1986\);
\(dd\) contributions to a qualified cash or deferred
arrangement \(as defined in section 401\(k\)\(2\) of such Code\);
\(ee\) contributions to an individual retirement plan \(as
defined in section 7701\(a\)\(37\) of such Code\); and
\(ff\) employer contributions to a defined contribution
retirement plan \(as defined in section 414\(i\) of such Code\);
\(III\) benefits from a defined benefit retirement plan \(as
defined in section 414\(j\) of such Code\) at the time the
benefits are delivered;
\(IV\) benefits provided to government employees tied
specifically to their employment, including veterans
benefits; and
\(V\) other benefits paid by an employer during retirement,
including pensions, healthcare coverage, and other benefits,
counted at the time at which the benefit is received.
\(vii\) In-kind compensation such as cost-free or reduced-
cost lodging or meals, except for items required by the
employer for performing work, such as uniforms or personal
protective equipment.
\(B\) Special rules for earned income.—
\(i\) Adjustments generally.—For purposes of subparagraph
\(A\), all types of earned income shall be reconciled and
adjusted to known, reliable independent benchmarks, including
benchmarks produced by statistical agencies, programmatic
agencies, the Internal Revenue Service, private sources, and
such other sources as the Director determines appropriate.
\(ii\) Readjustments.—In addition to adjusting earned income
under clause \(i\), additional adjustments shall be made for
missing and misreported data based on existing and future
research by the Bureau of the Census, other government
agencies, academic researchers, and other private research.
\(4\) Government transfer payments.—
\(A\) In general.—The term “government transfer payments”
means any money, goods, services, or discounts provided to
individuals, families, or households by or at the direction
of Federal Government or State, local, or other government
sources, including agencies and agents thereof, or by private
entities at the direction of any such source, that are not
payments for services performed as an employee or that are
not provided equally to all legal residents of the United
States without any conditions related to income, assets,
economic status, age, social condition, or any other
restriction.
\(B\) Inclusions.—The term “government transfer payments”
includes the following:
\(i\) Unemployment insurance compensation.
\(ii\) Workers' compensation.
\(iii\) Benefits administered by the Social Security
Administration, including—
\(I\) old-age insurance benefits and disability insurance
benefits under title II of the Social Security Act \(42 U.S.C.
401 et seq.\); and
\(II\) supplemental security income benefits under title XVI
of such Act \(42 U.S.C. 1381 et seq.\).
\(iv\) Benefits under the Railroad Retirement Act of 1974 \(45
U.S.C. 231 et seq.\).
\(v\) Other disability benefits from government, except those
provided to government employees as part of their employment
compensation.
\(vi\) Benefits provided under the Medicare program under
title XVIII of the Social Security Act \(42 U.S.C. 1395 et
seq.\), including any income-related subsidy described in
section 1860D-14 of such Act \(42 U.S.C. 1395w-114\), and any
other reduction in premiums or cost sharing, such as
deductibles, copaymentss, or coinsurance under such title.
\(vii\) So much of the amount of any income tax refund paid
to a taxpayer which is attributable to—
\(I\) the earned income credit under section 32 of the
Internal Revenue Code of 1986;
\(II\) the child tax credit under section 24 of such Code;
and
\(III\) any other refundable credit under subpart C of part
IV of subchapter A of chapter 1 of such Code.
\(viii\) Assistance or benefits provided under the Temporary
Assistance for Needy Families program established under part
A of title IV of the Social Security Act \(42 U.S.C. 601 et
seq.\).
\(ix\) Medical assistance provided under the Medicaid program
established under title XIX of the Social Security Act \(42
U.S.C. 1396 et seq.\).
\(x\) Child health assistance or pregnancy-related assistance
provided under the State Children's Health Insurance Program
established under title XXI of the Social Security Act \(42
U.S.C. 1397aa et seq.\).
\(xi\) Benefits provided pursuant to an Indian health program
\(as defined in section 4 of the Indian Health Care
Improvement Act \(25 U.S.C. 1603\)\).
\(xii\) Premium tax credits under section 36B of the Internal
Revenue Code of 1986, cost-sharing reduction payments under
section 1402 of the Patient Protection and Affordable Care
Act \(42 U.S.C. 18071\), or any other payment that reduces the
premium amount paid by the enrollee.
\(xiii\) Any other government payments to assist in
purchasing medical care or health insurance.
\(xiv\) Benefits under the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
\(7 U.S.C. 2011 et seq.\).
\(xv\) Free and reduced price meals provided under the
Richard B. Russell National School Lunch Act \(42 U.S.C. 1751
et seq.\) and section 4 of the Child Nutrition Act of 1966 \(42
U.S.C. 1773\).
\(xvi\) Benefits and services provided under the special
supplemental nutrition program for women, infants, and
children established by section 17 of the Child Nutrition Act
of 1966 \(42 U.S.C. 1786\).
\(xvii\) Meals provided under the child and adult care food
program established under section 17 of the Richard B.
Russell National School Lunch Act \(42 U.S.C. 1766\).
\(xviii\) rental assistance under section 8 of the United
States Housing Act of 1937 \(42 U.S.C. 1437f\), including
housing choice vouchers and project-based rental assistance.
\(xix\) Assistance provided by the Rural Housing Service of
the Department of Agriculture, including rental assistance.
\(xx\) Assistance \(including services\) under the Low-Income
Home Energy Assistance Program, established under the Low-
Income Home Energy Assistance Act of 1981 \(42 U.S.C. 8621 et
seq.\).
\(xxi\) A Federal Pell Grant under section 401 of the Higher
Education Act of 1965 \(20 U.S.C. 1070a\).
\(xxii\) So much of the American Opportunity Tax Credit under
section 25A of the Internal Revenue Code of 1986 as is
allowed under subsection \(i\) thereof.
\(xxiii\) Such other transfers by or at the direction of
Federal Government or State, local, or other government
sources that the Director determines to be consistent with
subparagraph \(A\) using available data sources.
\(5\) Income tax data.—The term “income tax data” means
return information, as defined in section 6103\(b\)\(2\) of the
Internal Revenue Code of 1986 \(26 U.S.C. 6103\(b\)\(2\)\).
\(6\) Statistical agency.—The term “statistical agency”
means—
\(A\) the Bureau of Labor Statistics of the Department of
Labor;
\(B\) the Bureau of Economic Analysis of the Department of
Commerce; and
\(C\) any other Federal, State, or local government entity
that collects, processes, or publishes data related to any of
the components of income covered by this section.
\(7\) Taxes.—
\(A\) In general.—
\(i\) General definition.—The term “taxes” means all money
revenues paid by individuals, families, or households to the
Federal Government or a State, local, or other government
either directly or indirectly through an employer or other
entity based on their earnings from employment, savings,
investing, real estate, trusts, or other sources or on the
value, ownership, or usage of real estate property, personal
property, other assets of any kind, or purchases of goods and
services \(including both real and financial\).
\(ii\) Inclusions.—The term “taxes” includes—
\(I\) employment taxes under subtitle C of the Internal
Revenue Code of 1986 \(whether paid by the employer or
employee\);
\(II\) income taxes, including taxes on investment income;
\(III\) corporate income taxes allocated to shareholders
based on best research on share of corporate taxes that
reduce dividends;
\(IV\) corporate income taxes allocated to employees based on
best research on share of corporate taxes that reduce
compensation;
\(V\) self-employment income and payroll taxes;
\(VI\) property taxes;
\(VII\) capital gains taxes;
\(VIII\) estate taxes;
\(IX\) inheritance taxes;
\(X\) gift taxes;
\(XI\) sales taxes, use taxes, value added taxes, or any
other fee collected by government on sales of any goods or
any services \(either real or financial\) to households or
individuals;
\(XII\) excise taxes paid either separately or included as
part of the price paid for a good or service;
\(XIII\) tariffs and duties paid either directly or as part
of the price paid for a good or service; and
\(XIV\) such other sources of money revenues that the
Director determines to be consistent with clause \(i\).
\(B\) Special rules for determining amounts of tax.—
\(i\) In general.—For purposes of subparagraph \(A\), totals
of taxes shall be reconciled and adjusted to sum to total tax
and other revenue income available from other reliable
sources, including the Office of Management and Budget, the
Department of the Treasury, and the Bureau of Economic
Analysis.
\(ii\) Treatment of tax credits.—With respect to any
taxpayer:
\(I\) The amount of taxes paid shall be determined without
regard to any refund paid to the taxpayer which is
attributable to any refundable credit under subpart C of part
IV of subchapter A of chapter 1 of the Internal Revenue Code
of 1986.
\(II\) The amount of any refund paid to the taxpayer which is
attributable to any such refundable credit shall be treated
as a government transfer payment in accordance with paragraph
\(3\).
\(b\) New Methodology.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Director, in consultation with the
heads of other appropriate Federal, State, and local
agencies, as determined by the Director, shall implement a
new methodology to measure poverty, in addition to the
Official Poverty Measure and the Supplemental Poverty
Measure, that—
\(A\) uses the methodology outlined in the report of the
Congressional Budget Office titled “Reconciling the Official
Poverty Measure and CBO's Distributional Analysis of
Household Income”; and
\(B\) measures the income of an individual as the amount
equal to—
\(i\) the sum of earned income and government transfer
payments received by the individual, less
\(ii\) the taxes paid by the individual.
\(2\) Resolution of potential conflict.—To the extent of any
conflict between the requirements under subparagraphs \(A\) and
\(B\) of paragraph \(1\), the requirement under such subparagraph
\(A\) shall supersede the requirement under such subparagraph
\(B\).
\(c\) Agency Data.—
\(1\) Federal agencies.—Not later than 180 days after the
head of a Federal agency receives a request from the Director
for data possessed or reasonably obtainable by such Federal
agency for carrying out this section, such head shall make
available to the Director such data to the extent otherwise
permitted by law.
\(2\) State and local agencies.—The Director may request the
head of a State or local agency that is an administering
agency to provide such data as the Director determines
necessary to carry out this section.
\(d\) Publication of Data.—
\(1\) Data report.—Not later than 1 year after the date on
which the Director implements the new methodology required
under subsection \(b\), the Director shall submit to Congress a
report detailing the implementation of this section,
including the availability and quality of data from the
administering agencies from which the Director has requested
information for carrying out this section.
\(2\) Measurement report.—
\(A\) In general.—Not later than 1 year after the date on
which the Director implements the new methodology required
under subsection \(b\), the Director shall submit to Congress a
report detailing the implementation of this section,
including—
\(i\) the recalculated measures of income inequality based on
the new calculation methodology implemented under subsection
\(b\);
\(ii\) a comparison between the recalculated measures of
income inequality and of household income dispersion based on
the new calculation methodology implemented under subsection
\(b\) and such measures based on the calculation methodologies
in use for such measures on the day before the date on which
such new calculation methodology was implemented; and
\(iii\) a comparison between each statistic tracked by the
Bureau of the Census based on the new calculation methodology
implemented under subsection \(b\) and such statistic based on
the calculation methodologies in use for such statistic on
the day before the date on which such new calculation
methodology was implemented.
\(B\) Data sources.—
\(i\) In general.—The Director shall use the best available
data sources in creating the report required under
subparagraph \(A\), including the use of surveys previously
collected by the Bureau of the Census, data from other
statistical agencies, data from private sources, and, in
cases of missing or unknown data, statistical imputations.
\(ii\) Survey augmentation.—In carrying out clause \(i\), the
Director may augment surveys being carried out by the Bureau
of the Census or the Bureau of Labor Statistics of the
Department of Labor.
\(3\) Statistics publication.—For all publications and data
sets issued after the date on which the Director implements
the new methodology required under subsection \(b\), the
Director shall use such new calculation methodology to
calculate each instance of each measure or statistic based on
such methodology, including each historical instance.
\(e\) Protection and Disclosure of Personally Identifiable
Information.—
\(1\) In general.—The security, disclosure, and
confidentiality provisions set for in sections 9 and 23 of
title 13, United States Code, shall apply to personally
identifiable information obtained by the Bureau of the Census
pursuant to this section.
\(2\) Restricted access to personally identifiable
information.—Access to personally identifiable information
collected to supplement the restricted-use Current Population
Survey Annual Social and Economic Supplements in accordance
with subsection \(c\)\(1\) shall be available only to those who
have access to the Current Population Survey data with the
permission of the Bureau of the Census and in accordance with
any other applicable provision of federal and state law.
\(3\) Criminal penalties.—Any individual who knowingly
accesses or discloses personally identifiable information in
violation of this section shall be fined not more than
$300,000, imprisoned for not more than 5 years, or both.
SA 6243. Ms. HASSAN \(for herself and Mr. Cramer\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E, add the following:
SEC. 1050. NORTHERN BORDER SECURITY ENHANCEMENT AND REVIEW.
\(a\) Short Title.—This section may be cited as the
“Northern Border Security Enhancement and Review Act”.
\(b\) Northern Border Threat Analysis.—Section 3\(a\) of the
Northern Border Security Review Act \(Public Law 114-267\) is
amended—
\(1\) in the matter preceding paragraph \(1\), by striking
“180 days after the date of enactment of this Act” and
inserting “September 2, 2025, and every 3 years
thereafter”;
\(2\) by redesignating paragraphs \(2\), \(3\), and \(4\) as
paragraphs \(3\), \(4\), and \(5\), respectively; and
\(3\) by inserting after paragraph \(1\) the following:
“\(2\) an assessment of recent changes in the amount and
demographics of apprehensions at the Northern Border,
including an analysis of apprehension changes at the sector
level.”.
\(c\) Northern Border Strategy Updates.—Section 3 of the
Northern Border Security Review Act, as amended by subsection
\(b\), is further amended—
\(1\) by redesignating subsection \(c\) as subsection \(d\); and
\(2\) by inserting after subsection \(b\) the following:
“\(c\) Northern Border Strategy Updates.—The Secretary of
Homeland Security shall update the Department of Homeland
Security's Northern Border strategy not later than September
2, 2026, and every 5 years thereafter, and shall incorporate
the results of the most recent threat analysis in each such
update.”.
\(d\) Classified Briefings.—Section 3 of the Northern Border
Security Review Act, as amended by subsections \(b\) and \(c\),
is further amended by adding at the end the following:
“\(e\) Classified Briefings.—Not later than 30 days after
the submission of each threat analysis pursuant to subsection
\(a\), the Secretary of Homeland Security shall provide a
classified briefing regarding such analysis to the
appropriate congressional committees.”.
\(e\) Implementation of Certain Government Accountability
Office Recommendations.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, acting through the Executive Assistant Commissioner
of Air and Marine Operations of U.S. Customs and Border
Protection, shall develop performance measures to assess the
effectiveness of Air and Marine Operations at securing the
northern border between ports of entry in the air and
maritime environments.
\(f\) No Additional Funds.—No additional funds are
authorized to be appropriated for the purpose of carrying out
this section or the amendments made by this section.
SA 6244. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON RISKS TO GLOBAL POSITIONING SYSTEM AND
ASSOCIATED POSITIONING, NAVIGATION, AND TIMING
SERVICES.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
risks to the Global Positioning System and associated
positioning, navigation, and timing services.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) A description of risks posed by a lack of access to the
Global Positioning System and associated positioning,
navigation, and timing services during a potential conflict
in which the United States involved or in the case of an
attack on a United States ally.
\(2\) A description of risks to United States allies from a
disruption of access to the Global Positioning System and
associated positioning, navigation, and timing services
provided by the United States.
\(3\) An assessment of each of the following:
\(A\) The capabilities of competitor countries, including the
People's Republic of China, the Russian Federation, Iran, and
the Democratic People's Republic of Korea, to degrade or deny
United States access to the Global Positioning System and
associated positioning, navigation, and timing services
during a potential conflict with the United States or in the
case of an attack on a United States ally.
\(B\) Current Department of Defense efforts to develop or
procure technology or systems to provide redundant global
positioning and positioning, navigation, and timing
capabilities, including space-based and terrestrial-based
\(including quantum sensing technology\) efforts.
\(C\) The ability of the Resilient Global Positioning System
\(R-GPS\) program of the Space Force to achieve, not later than
10 years after the date of the enactment of this Act, full
capacity to provide Global Positioning System resilience to
existing United States satellites.
\(4\) A framework for developing a full-scale terrestrial-
based Global Positioning System redundancy system that could
be operational not later than 15 years after the date of the
enactment of this Act.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
\(d\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
\(B\) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Homeland
Security of the House of Representatives.
\(2\) United states ally.—The term “United States ally”
means—
\(A\) a member country of the North Atlantic Treaty
Organization;
\(B\) a major non-NATO ally \(as defined in section 644\(q\) of
the Foreign Assistance Act of 1961 \(22 U.S.C. 2403\(q\)\)\); and
\(C\) Taiwan.
SA 6245. Ms. HASSAN \(for herself and Ms. Ernst\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. SENTENCING ENHANCEMENTS FOR CERTAIN CRIMINAL
OFFENSES DIRECTED BY OR COORDINATED WITH
FOREIGN GOVERNMENTS.
\(a\) Kidnapping.—Section 1201 of title 18, United States
Code, is amended—
\(1\) by redesignating subsection \(h\) as subsection \(i\);
\(2\) by inserting after subsection \(g\) the following:
“\(h\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—
“\(1\) In general.—The sentence of a person convicted of an
offense under subsection \(a\) may be increased by up to 10
years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
“\(2\) Conspiracy.—The sentence of a person convicted of
conspiring to commit a violation of subsection \(a\) as part of
a conspiracy under the elements specified in subsection \(c\)
may be increased by up to 10 years if—
“\(A\) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
“\(B\) the person convicted of conspiring to commit a
violation of subsection \(a\) knew that 1 or more of the
persons involved in such conspiracy were knowingly acting in
coordination with a foreign government or an agent of a
foreign government.
“\(3\) Attempt.—The sentence of a person convicted of an
attempt to violate subsection \(a\) may be increased by up to 5
years if such attempt was knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government.
“\(4\) Definition.—In this subsection, the term \`agent of a
foreign government' means any person who acts as an agent,
representative, employee, or servant, or any person who acts
in any other capacity at the order, request, or under the
direction or control, of—
“\(A\) a foreign government or any component thereof,
including an official or employee of a foreign government; or
“\(B\) a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign government
or any component thereof, including an official or employee
of a foreign government.”; and
\(3\) in subsection \(i\), as so designated, by inserting
“Definition.—” before “As used in this section”.
\(b\) Use of Interstate Commerce Facilities in the Commission
of Murder-for-hire.—
\(1\) In general.—Section 1958 of title 18, United States
Code, is amended—
\(A\) by redesignating subsection \(b\) as subsection \(c\);
\(B\) by inserting after subsection \(a\) the following:
“\(b\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—The sentence of a
person convicted of an offense under subsection \(a\)—
“\(1\) may be increased by up to 5 years, if such offense
was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government; and
“\(2\) may be increased by up to 10 years—
“\(A\) if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government; and
“\(B\) personal injury results.”; and
\(C\) in subsection \(c\), as so redesignated—
\(i\) by inserting “Definitions.—” before “As used in
this section”;
\(ii\) by redesignating paragraphs \(1\), \(2\), and \(3\) as
paragraphs \(2\), \(3\), and \(4\), respectively; and
\(iii\) by inserting before paragraph \(2\), as so
redesignated, the following:
“\(1\) the term \`agent of a foreign power' has the meaning
given that term in section 1201\(h\);”.
\(2\) Technical and conforming amendments.—
\(A\) Section 2332b\(g\)\(2\) of title 18, United States Code, is
amended by striking “section 1958\(b\)\(2\)” and inserting
“section 1958”.
\(B\) Section 1010A\(d\) of the Controlled Substances Import
and Export Act \(21 U.S.C. 960a\(d\)\) is amended by striking
“section 1958\(b\)\(1\)” and inserting “section 1958”.
\(c\) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.—Section
115\(b\) of title 18, United States Code, is amended by adding
at the end the following:
“\(5\) The sentence of a person convicted of an offense
under subsection \(a\), if such offense was committed knowingly
at the direction of or in coordination with a foreign
government or an agent of a foreign government \(as defined in
section 1201\(h\)\)—
“\(A\) may be increased by up to 5 years if the offense
committed was an assault involving physical contact with the
victim of that assault or the intent to commit another
felony;
“\(B\) may be increased by up to 10 years if—
“\(i\) the offense committed was an assault resulting in
bodily injury \(including serious bodily injury \(as that term
is defined in section 1365 of this title\)\);
“\(ii\) the offense involved any conduct that, if the
conduct occurred in the special maritime and territorial
jurisdiction of the United States, would violate section 2241
or 2242 of this title; or
“\(iii\) a dangerous weapon was used during and in relation
to the offense; and
“\(C\) may be increased by up to 10 years if the offense
committed was a murder, attempted murder, or conspiracy to
murder.”.
\(d\) Stalking.—Section 2261A of title 18, United States
Code, is amended—
\(1\) by striking “Whoever—” and inserting “\(a\) In
General.—Except as provided in subsection \(b\), whoever—”;
and
\(2\) by adding at the end the following:
“\(b\) Enhanced Penalties for Offenses Involving Foreign
Governments.—The sentence of a person convicted of an
offense under paragraph \(1\) or \(2\) of subsection \(a\), if such
offense was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government \(as defined in section 1201\(h\)\)—
“\(1\) may be increased by up to 5 years if—
“\(A\) serious bodily injury \(including permanent
disfigurement or life threatening bodily injury\) to the
victim results;
“\(B\) the offender uses a dangerous weapon during the
offense; or
“\(C\) the victim of the offense is under the age of 18
years;
“\(2\) may be increased by up to 10 years if death of the
victim results; and
“\(3\) may be increased by up to 30 months in any other
case.”.
\(e\) Protection of Officers and Employees of the United
States.—Section 1114 of title 18, United States Code, is
amended—
\(1\) by redesignating subsection \(b\) as subsection \(c\); and
\(2\) by inserting after subsection \(a\) the following:
“\(b\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—The sentence of a
person convicted of an offense under subsection \(a\) may be
increased by up to 10 years if such offense was committed
knowingly at the direction of or in coordination with a
foreign government or an agent of a foreign government \(as
defined in section 1201\(h\)\).”.
\(f\) Presidential and Presidential Staff Assassination,
Kidnapping, and Assault.—Section 1751 of title 18, United
States Code, is amended—
\(1\) by redesignating subsections \(f\) through \(k\) as
subsections \(g\) through \(i\), respectively; and
\(2\) by inserting after subsection \(e\) the following:
“\(f\)\(1\) The sentence of a person convicted of an offense
under subsection \(a\), \(b\), or \(c\) may be increased by up to
10 years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
“\(2\) The sentence of a person convicted of conspiring to
kill or kidnap any individual designated in subsection \(a\) as
part of a conspiracy under the elements specified in
subsection \(d\) may be increased by up to 10 years if—
“\(A\) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
“\(B\) the person convicted of conspiring to kill or kidnap
an individual designated in subsection \(a\) knew that 1 or
more of the persons involved in such conspiracy were
knowingly acting in coordination with a foreign government or
an agent of a foreign government.
“\(3\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\) the victim was any person designated in subsection
\(a\)\(1\); and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
“\(4\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\) the victim was any person designated in subsection
\(a\)\(2\); and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
“\(5\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\)\(i\) the offense involved the use of a dangerous
weapon; or
“\(ii\) personal injury resulted; and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
“\(6\) In this subsection, the term \`agent of a foreign
power' has the meaning given that term in section 1201\(h\).”.
SA 6246. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. PILOT PROGRAM ON USE OF BIG DATA ANALYTICS TO
IDENTIFY VESSELS EVADING SANCTIONS AND EXPORT
CONTROLS.
\(a\) In General.—Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Commissioner of U.S. Customs and
Border Protection, shall establish a pilot program at the
National Targeting Center to assess the feasibility and
advisability of using big data analytics to identify and
predict instances in which disabling or manipulating the
Automatic Identification System on a vessel is an indication
that there is a high risk that the vessel is transporting
goods in a manner that evades sanctions or export controls
imposed by the United States.
\(b\) Law Enforcement Use.—The Secretary, acting through the
Commissioner, shall design the pilot program required by
subsection \(a\) to provide actionable intelligence with
respect to instances described in subsection \(a\) to—
\(1\) operational components of the Department of Homeland
Security, including U.S. Immigration and Customs Enforcement
and the Coast Guard;
\(2\) other Federal law enforcement agencies; and
\(3\) such agencies of foreign countries that are partners of
the United States as the Secretary considers appropriate.
\(c\) Data Elements.—
\(1\) In general.—In developing the pilot program required
by subsection \(a\), the Secretary, acting through the
Commissioner, shall consider the inclusion of the following
data with respect to a vessel described in that subsection:
\(A\) The type of goods being transported on the vessel.
\(B\) The destination of the vessel.
\(C\) The ownership and nationality of the vessel, the
shipper, and the importer.
\(D\) The ownership and nationality of vessels located in
close proximity to the vessel while the Automatic
Identification System was disabled or being manipulated.
\(E\) The period of time for which the Automatic
Identification System on the vessel was disabled or being
manipulated.
\(F\) The frequency of issues with the Automatic
Identification System on that vessel.
\(2\) Data models.—The pilot program required by subsection
\(a\) may include multiple data models to account for different
behavior patterns for different shippers and different types
of goods.
\(d\) Interagency Coordination.—The Secretary, acting
through the Commissioner, shall coordinate with the Secretary
of Commerce and the Director of National Intelligence in
developing and carrying out the pilot program required by
subsection \(a\).
\(e\) Termination.—The pilot program required by subsection
\(a\) shall terminate on the date that is 4 years after the
date of the enactment of this Act.
\(f\) Report Required.—Not later than 4 years after the date
of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Commerce, the
Secretary of the Treasury, and the Director of National
Intelligence, shall submit to Congress a report—
\(1\) assessing the usefulness of the pilot program required
by subsection \(a\) in identifying and predicting instances
described in that subsection;
\(2\) with respect to each instance in which a vessel was
identified under the pilot program as posing a high risk of
transporting goods in a manner that evades sanctions or
export controls imposed by the United States and the vessel
was successfully interdicted by the United States or a
country that is a partner of the United States—
\(A\) specifying whether or not the vessel was confirmed to
be evading such sanctions or export controls;
\(B\) if the vessel was confirmed to be evading such
sanctions or export controls, specifying the penalty imposed;
and
\(C\) if the vessel was not confirmed to be evading such
sanctions or export controls, specifying whether a United
States agency took action against the vessel based on
reasonable suspicion;
\(3\) with respect to each instance in which a vessel was
identified under the pilot program as posing a high risk of
transporting goods in a manner that evades sanctions or
export controls imposed by the United States and the vessel
was not successfully interdicted by the United States or a
country that is a partner of the United States, specifying
whether the vessel traveled to—
\(A\) a country with respect to which the United States has
imposed sanctions or export controls with respect to goods
suspected of being transported on the vessel;
\(B\) a country not described in subparagraph \(A\) but that
the Secretary of Homeland Security has identified as a
country posing a high risk of transshipment of goods
suspected of being transported on the vessel to a country
described in subparagraph \(A\); or
\(C\) a country not described in subparagraph \(A\) or \(B\); and
\(4\) making recommendations with respect to whether big data
analytics should be used to identify and predict instances
described in subsection \(a\) in the future.
\(g\) No Additional Amounts Authorized.—No additional
amounts are authorized to be appropriated to carry out the
pilot program required by subsection \(a\).
\(h\) Rule of Construction on Collection or Acquisition of
Information.—Nothing in this section authorizes any new
collection or acquisition of information not otherwise
authorized by existing law as of the date of the enactment of
this Act.
SA 6247. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title II, add the following:
SEC. 225. PRIZE COMPETITIONS TO ADVANCE ARTIFICIAL
INTELLIGENCE INTERPRETABILITY AND ADVERSARIAL
ROBUSTNESS.
\(a\) Prize Competition for Artificial Intelligence
Interpretability Research.—
\(1\) Interpretability prize competition.—Not later than 270
days after the date of enactment of this Act, the Secretary
of Homeland Security \(in this section, referred to as the
“Secretary”\) shall commence carrying out at least one prize
competition under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 \(15 U.S.C. 3719\) to advance
the science of interpretability in a manner relevant to
commercially available or widely used artificial intelligence
products.
\(2\) Consultation.—In carrying out the prize competition
required by paragraph \(1\), the Secretary shall consult with—
\(A\) the Secretary of Commerce;
\(B\) the Director of the National Institute of Standards and
Technology;
\(C\) the National Cyber Director;
\(D\) the Director of the National Science Foundation; and
\(E\) any industry expert from the artificial intelligence
sector in the United States that the Secretary considers
relevant.
\(3\) Structure and evaluation criteria.—
\(A\) In general.—The Secretary shall develop the structure
and evaluation criteria for a prize competition carried out
under paragraph \(1\) in accordance with the primary purpose
described in that paragraph.
\(B\) Competition structure.—The Secretary may—
\(i\) structure a competition under paragraph \(1\) into one or
more phases, including submission of interpretability
frameworks, submission of interpretable artificial
intelligence models, and unique basic research; and
\(ii\) open these phases to the same, or to distinct,
contestant pools.
\(C\) Evaluation considerations.—In developing the
evaluation criteria for the frameworks, models, or methods
submitted for a prize competition under paragraph \(1\), the
Secretary shall consider—
\(i\) the degree to which a submission advances broadly
applicable principles of artificial intelligence
interpretability;
\(ii\) the practical value of a submission in making
artificial intelligence more understandable and reliable in
high-risk, high-value use cases; and
\(iii\) the likelihood that the unique research submitted
will create standards for artificial intelligence
interpretability in the government or industry.
\(4\) Program administration.—The Secretary may enter into
contracts, cooperative agreements, or other agreements with
for-profit or nonprofit entities or State, territorial,
local, or Tribal agencies to design and administer any prize
competition carried out under paragraph \(1\).
\(b\) Prize Competition for Artificial Intelligence
Adversarial Robustness Research.—
\(1\) Adversarial robustness prize competition.—Not later
than 270 days after the date of enactment of this Act, the
Secretary shall commence carrying out at least one prize
competition under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 \(15 U.S.C. 3719\) to develop
capable artificial intelligence models that are designed to
exhibit adversarial robustness in circumstances necessary for
at least one high-impact, high-risk application in government
or industry.
\(2\) Consultation.—In carrying out a prize competition
required by paragraph \(1\), the Secretary shall consult with—
\(A\) the Secretary of Commerce;
\(B\) the Director of the Institute of Standards and
Technology;
\(C\) the National Cyber Director;
\(D\) the Director of the National Science Foundation;
\(E\) any industry expert from the artificial intelligence
sector in the United States that the Secretary considers
relevant; and
\(F\) the head of any Federal agency who has authority or
expertise in a high-impact, high-risk application of
artificial intelligence that could be an appropriate subject
for a prize competition under paragraph \(1\).
\(3\) Structure and evaluation criteria.—
\(A\) In general.—The Secretary shall develop the structure
and evaluation criteria for a prize competition carried out
under paragraph \(1\) in accordance with the primary purpose
described in that paragraph.
\(B\) Competition structure.—The Secretary may—
\(i\) structure a competition under paragraph \(1\) into one or
more phases, including submission of adversarial robustness
frameworks, submission of artificial intelligence models, and
red-teaming; and
\(ii\) open these phases to the same, or to distinct,
contestant pools.
\(C\) Evaluation considerations.—In developing the
evaluation criteria for the frameworks, models, or methods
submitted for a prize competition under paragraph \(1\), the
Secretary shall consider—
\(i\) the degree to which a submission advances broadly
applicable principles of artificial intelligence robustness;
and
\(ii\) the practical value of the submission in reducing the
risk of adversarial attacks in high-risk, high-value use
cases of artificial intelligence.
\(4\) Program administration.—The Secretary may enter into
contracts, cooperative agreements, or other agreements with
for-profit or nonprofit entities or State, territorial,
local, or Tribal agencies to design and administer any prize
competition carried out under paragraph \(1\).
\(c\) Tracking and Reporting.—
\(1\) In general.—Not later than 180 days after the date on
which the first prize competition concludes, the Secretary
shall submit to the appropriate congressional committees a
report that includes—
\(A\) an evaluation of how the results of the competitions
inform the fields of interpretability and adversarial
robustness;
\(B\) an assessment of any gaps in these fields identified by
the Secretary over the course of the competitions; and
\(C\) any suggested action that Congress should take to
advance the fields of interpretability, adversarial
robustness, and any related research.
\(2\) Appropriate congressional committees defined.—In this
section, the term “appropriate congressional committees”
means—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
\(B\) the Committee on Homeland Security of the House of
Representatives.
\(d\) Appropriations.—There is authorized to be appropriated
to the Secretary to carry out this section $10,000,000 for
the period of fiscal years 2027 through 2030.
\(e\) Definitions.—In this section:
\(1\) The term “adversarial robustness” means the degree to
which an artificial intelligence model is able to resist
attacks that would induce it to produce incorrect,
restricted, or harmful outputs, while maintaining integrity,
reliability, and privacy.
\(2\) The term “artificial intelligence” has the meaning
given the term in section 5002 of the National Artificial
Intelligence Initiative Act of 2020 \(15 U.S.C. 9401\).
\(3\) The term “interpretability” means the degree to which
humans are able to accurately understand how an artificial
intelligence model makes decisions and considers inputs and
how the outputs or behaviors of the model respond to a change
in the inputs.
\(4\) The term “red-teaming” means a structured,
interactive, and adversarial process to test an artificial
intelligence system by simulating real-world actions to find
vulnerabilities or flaws in the system.
SA 6248. Ms. HASSAN \(for herself and Mr. Johnson\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. FEDERAL CLEARINGHOUSE ON SAFETY AND SECURITY BEST
PRACTICES FOR NONPROFIT ORGANIZATIONS, FAITH-
BASED ORGANIZATIONS, AND HOUSES OF WORSHIP.
\(a\) Federal Clearinghouse.—
\(1\) Establishment.—
\(A\) In general.—Not later than 270 days after the date of
enactment of this Act, the Secretary, in consultation with
the Attorney General, the Executive Director of the White
House Office of Faith-Based and Neighborhood Partnerships,
and the head of any other agency the Secretary determines
appropriate, shall establish within the Department a Federal
Clearinghouse on Safety and Security Best Practices for
Nonprofit Organizations, Faith-based Organizations, and
Houses of Worship.
\(B\) Purpose.—The Clearinghouse shall be the primary
resource of the Federal Government to—
\(i\) educate and publish online best practices and
recommendations for safety and security for nonprofit
organizations, including faith-based organizations, and
houses of worship; and
\(ii\) provide information relating to Federal grant programs
available to nonprofit organizations, including faith-based
organizations, and houses of worship.
\(C\) Personnel.—
\(i\) Assignments.—The Clearinghouse shall be assigned such
personnel and resources as the Secretary considers
appropriate to carry out this subsection.
\(ii\) Detailees.—The Secretary may coordinate detailees on
a reimbursable or a nonreimbursable basis as required for the
Clearinghouse.
\(iii\) Designated point of contact.—
\(I\) In general.—There shall be not fewer than 1 employee
assigned or detailed to the Clearinghouse who shall be the
designated point of contact to provide information and
assistance to nonprofit organizations, including faith-based
organizations, and houses of worship, including assistance
relating to the grant program established under subsection
\(c\).
\(II\) Contact information.—The contact information of the
designated point of contact under subclause \(I\) shall be made
available on the website of the Clearinghouse.
\(iv\) Qualification.—To the maximum extent possible, any
personnel assigned or detailed to the Clearinghouse under
this subparagraph should be familiar with nonprofit
organizations, including faith-based organizations, and
houses of worship and with physical and online security
measures to identify and prevent safety and security risks.
\(2\) Clearinghouse contents.—
\(A\) Evidence-based tiers.—
\(i\) In general.—The Secretary, in consultation with the
Attorney General, the Executive Director of the White House
Office of Faith-Based and Neighborhood Partnerships, and the
head of any other agency the Secretary determines
appropriate, shall develop tiers for determining evidence-
based best practices and recommendations that demonstrate a
significant effect on improving safety and security of
nonprofit organizations, including faith-based organizations,
and houses of worship.
\(ii\) Requirements.—The tiers required to be developed
under clause \(i\) shall—
\(I\) prioritize—
\(aa\) strong evidence from not fewer than 1 well-designed
and well-implemented experimental study; and
\(bb\) moderate evidence from not fewer than 1 well-designed
and well-implemented quasi-experimental study; and
\(II\) consider promising evidence that demonstrates a
rationale based on high-quality research findings or positive
evaluations that the activity, strategy, or intervention is
likely to improve and promote safety and security of
nonprofit organizations, including faith-based organizations,
and houses of worship.
\(B\) Criteria for best practices and recommendations.—The
best practices and recommendations referred to in paragraph
\(1\)\(B\)\(i\) of the Clearinghouse shall, at a minimum—
\(i\) identify areas of concern for nonprofit organizations,
including faith-based organizations, and houses of worship,
including event planning recommendations, checklists,
facility hardening, tabletop exercise resources, and other
resilience measures;
\(ii\) involve comprehensive safety and security measures,
including threat prevention, preparedness, protection,
mitigation, incident response, and recovery to improve the
safety and security posture of nonprofit organizations,
including faith-based organizations, and houses of worship
upon implementation;
\(iii\) involve comprehensive safety and security measures,
including preparedness, protection, mitigation, incident
response, and recovery to improve the resiliency of nonprofit
organizations, including faith-based organizations, and
houses of worship
from threats and incidents, including natural disasters,
manmade disasters, or terrorist attacks or other threats;
\(iv\) include any evidence or research rationale supporting
the determination of the Clearinghouse that the comprehensive
safety and security measures under clauses \(ii\) and \(iii\)
have been shown to have a significant effect on improving the
safety and security of individuals who, at the time of any
such threat or incident, are physically located in the place
or building of a nonprofit organization, including a faith-
based organization, or a house of worship, including—
\(I\) findings and data from previous Federal, State, local,
Tribal, territorial, private sector, and nongovernmental
organization research centers relating to the safety and
security of nonprofit organizations, including faith-based
organizations, and houses of worship, including from targeted
violence; and
\(II\) other supportive evidence or findings relied upon by
the Clearinghouse in determining best practices and
recommendations to improve the safety and security posture of
nonprofit organizations, including faith-based organizations,
and houses of worship upon implementation; and
\(v\) include an overview of the available resources the
Clearinghouse can provide to nonprofit organizations and
houses of worship.
\(C\) Additional information.—The Clearinghouse shall
maintain and make available a comprehensive index of all
Federal grant programs for which nonprofit organizations,
including faith-based organizations, and houses of worship
are eligible, which shall include the performance metrics the
recipient will be required to provide for each grant.
\(D\) Past recommendations.—To the greatest extent
practicable, the Clearinghouse shall identify and present, as
appropriate, best practices and recommendations issued by
Federal, State, local, Tribal, territorial, private sector,
and nongovernmental organizations relevant to the safety and
security of nonprofit organizations, including faith-based
organizations, and houses of worship.
\(E\) Existing platform.—The Secretary may establish and
maintain the Clearinghouse on an online platform or a website
that is in existence as of the date of enactment of this Act.
\(3\) Assistance and training.—The Secretary may produce and
publish materials on the Clearinghouse to assist and train
nonprofit organizations, including faith-based organizations,
and houses of worship regarding the implementation of the
best practices and recommendations under this subsection.
\(4\) Continuous improvement.—
\(A\) In general.—The Secretary shall—
\(i\) collect for the purpose of continuous improvement of
the Clearinghouse—
\(I\) Clearinghouse data analytics;
\(II\) user feedback on the implementation of resources, best
practices, and recommendations identified by the
Clearinghouse; and
\(III\) any evaluations conducted regarding implementation of
such best practices and recommendations;
\(ii\) in coordination with the Faith-Based Security Advisory
Council of the Department, the Department of Justice, the
Executive Director of the White House Office of Faith-Based
and Neighborhood Partnerships, and any other agency the
Secretary determines appropriate—
\(I\) assess and identify Clearinghouse best practices and
recommendations for which there are no resources available
through Federal Government programs for implementation;
\(II\) provide feedback on the implementation of such best
practices and recommendations; and
\(III\) propose additional best practices and recommendations
for inclusion in the Clearinghouse; and
\(iii\) not less frequently than annually, examine and update
the Clearinghouse in accordance with—
\(I\) the information collected under clause \(i\); and
\(II\) the best practices and recommendations proposed under
clause \(ii\)\(III\).
\(B\) Report to congress.—Not later than 3 years after the
date of enactment of this Act, and every 3 years thereafter
during the period in which the Clearinghouse is in existence,
the Secretary shall submit to Congress a report on the
updates under subparagraph \(A\)\(iii\) made to the Clearinghouse
during the preceding 3-year period, which shall include a
description of any changes made pursuant thereto to the
Clearinghouse.
\(b\) Notification of the Clearinghouse.—
\(1\) In general.—The Secretary shall provide to the
individuals, Federal agencies, and committees specified in
paragraph \(2\) written notification of the establishment of
the Clearinghouse, including updates pertaining to grant
programs identified under subsection \(a\)\(2\)\(C\).
\(2\) Individuals, federal agencies, and committees
specified.—The individuals, Federal entities, and committees
specified in this paragraph are the following:
\(A\) Every State homeland security advisor.
\(B\) Every State department of homeland security.
\(C\) Other Federal agencies with grant programs or
initiatives that aid in the safety and security of nonprofit
organizations, including faith-based organizations, and
houses of worship, as determined appropriate by the
Secretary.
\(D\) Every Cyber Security Advisor.
\(E\) Every Protective Security Advisor.
\(F\) Every Federal Bureau of Investigation Joint Terrorism
Task Force.
\(G\) Every Homeland Security Fusion Center.
\(H\) Every State or territorial Governor or other chief
executive.
\(I\) The Committee on Homeland Security and Governmental
Affairs and the Committee on the Judiciary of the Senate.
\(J\) The Committee on Homeland Security and the Committee on
the Judiciary of the House of Representatives.
\(c\) Federal Grants and Resources Overview.—
\(1\) In general.—To the extent practicable, the Secretary,
when carrying out subsection \(a\)\(2\)\(C\), shall include a
grants program overview on the website of the Clearinghouse
that shall—
\(A\) be a location for all information regarding Federal
grant programs that are open to nonprofit organizations,
including faith-based organizations, and houses of worship
for the purposes of safety and security;
\(B\) directly link to each grant application and any
applicable user guides;
\(C\) identify all safety and security homeland security
assistance programs managed by the Department that may be
used to implement best practices and recommendations of the
Clearinghouse;
\(D\) concurrent with the application period for any grant
identified under subsection \(a\)\(2\)\(C\), provide information
related to the required elements of grant applications to aid
nonprofit organizations, including faith-based organizations,
and houses of worship in meeting the eligibility criteria for
Federal grants; and
\(E\) provide answers to frequently asked questions regarding
the implementation of best practices and recommendations of
the Clearinghouse and best practices for applying for a grant
identified under subsection \(a\)\(2\)\(C\).
\(2\) Provision of information relating to federal grants and
resources.—Each Federal agency notified under subsection \(b\)
shall provide to the Secretary or other appropriate point of
contact for the Clearinghouse for inclusion in the
Clearinghouse necessary information regarding any Federal
grant programs or resources of the Federal agency that are
available for nonprofit organizations, including faith-based
organizations, and houses of worship.
\(3\) State grants and resources.—
\(A\) In general.—Any State notified under subsection \(b\)
may provide to the Secretary or other appropriate point of
contact for the Clearinghouse for inclusion in the
Clearinghouse necessary information regarding any grant
programs or resources of the State available for nonprofit
organizations, including faith-based organizations, and
houses of worship for the purposes of safety and security.
\(B\) Identification of resources.—The Clearinghouse shall,
to the extent practicable, identify for each State the
following:
\(i\) Each State agency responsible for safety and security
of nonprofit organizations, including faith-based
organizations, and houses of worship in the State, or any
State that does not have such an agency designated.
\(ii\) Any grant program that may be used for the purposes of
implementing best practices and recommendations of the
Clearinghouse.
\(iii\) Any resources or programs, including community
prevention or intervention efforts, that may be used to
assist in targeted violence and terrorism prevention.
\(d\) Other Resources.—The Secretary shall, on the website
of the Clearinghouse, include a separate section for other
resources that shall provide a centralized list of all
available points of contact from which a nonprofit
organization, including a faith-based organization, or a
house of worship may seek assistance in grant applications
and in carrying out the best practices and recommendations of
the Clearinghouse, including the following:
\(1\) A list of contact information to reach Department
personnel to assist with grant-related questions.
\(2\) The applicable Agency contact information to connect
houses of worship with Protective Security Advisors.
\(3\) Contact information for all Department Fusion Centers,
listed by State.
\(4\) Information on the “If you See Something Say Something
Campaign” of the Department.
\(5\) Any other appropriate contacts.
\(e\) Rule of Construction.—Nothing in this section may be
construed to create, satisfy, or waive any requirement under
Federal civil rights laws, including—
\(1\) title II of the Americans with Disabilities Act of 1990
\(42 U.S.C. 12131 et seq.\); or
\(2\) title VI of the Civil Rights Act of 1964 \(42 U.S.C.
2000d et seq.\).
\(f\) GAO Report.—The Comptroller General of the United
States shall submit to Congress a report on the state of
Federal grants devoted to safety and security for nonprofit
organizations, including faith-based organizations, and
houses of worship, and an evaluation of the relevant programs
and resources devoted to the safety and security of nonprofit
organizations, including faith-based organizations, and
houses of worship as of the date of the report.
\(g\) Sunset.—This Act shall cease to be effective on the
date that is 4 years after the date of enactment of this Act.
\(h\) Definitions.—In this section:
\(1\) Clearinghouse.—The term “Clearinghouse” means the
Federal Clearinghouse on Safety and Security Best Practices
for Nonprofit Organizations, Faith-based Organizations, and
Houses of Worship established under section 3\(a\).
\(2\) Department.—The term “Department” means the
Department of Homeland Security.
\(3\) Faith-based organization.—The term “faith-based
organization” means a group, center, or nongovernmental
organization with a religious, ideological, or spiritual
motivation, character, affiliation, or purpose that meets the
definition of nonprofit organization.
\(4\) House of worship.—The term “house of worship” means
a place or building, including a synagogue, mosque, temple,
and church, in which congregants practice their religious or
spiritual beliefs.
\(5\) Nonprofit organization.—The term “nonprofit
organization” means an organization—
\(A\) of the type described in subsection \(c\)\(3\) of section
501 of the Internal Revenue Code of 1986 and exempt from
taxation under subsection \(a\) of such section; and
\(B\) determined to be at risk of a terrorist attack or other
threat by the Secretary.
\(6\) Safety and security.—The term “safety and security”
means prevention of, protection against, or recovery from
threats and incidents, including natural disasters, manmade
disasters, or terrorist attacks.
\(7\) Secretary.—The term “Secretary” means the Secretary
of Homeland Security.
SA 6249. Ms. HASSAN \(for herself and Mrs. Blackburn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. \_\_. ADDRESSING STOLEN SENSITIVE DATA.
\(a\) Definitions.—In this section:
\(1\) Classified information.—The term “classified
information” has the meaning given such term in section 805
of the National Security Act of 1947 \(50 U.S.C. 3164\).
\(2\) Covered data.—The term “covered data” means includes
the following:
\(A\) Financial, medical, and biometric data of United States
persons.
\(B\) Intellectual property of United States persons.
\(C\) Trade secrets of United States persons.
\(3\) United states person.—The term “United States
person” has the meaning given such term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 \(50 U.S.C.
1801\).
\(b\) Addressing Stolen Sensitive Data.—
\(1\) Strategies to identify.—The President shall, acting
through the Secretary of Defense and the Director of National
Intelligence, develop strategies to identify—
\(A\) covered data and classified information unlawfully held
by foreign entities;
\(B\) whether such data and information were encrypted; and
\(C\) whether such data and information have been decrypted
by such foreign entities.
\(2\) Strategies to address.—The President shall, acting
through the Secretary of Defense and the Director of National
Intelligence, develop strategies regarding how to address
stolen covered data and classified information.
\(3\) Destruction, manipulation, or recovery.—
\(A\) Determination of economic and national security
interest.—The Secretary and the Director shall jointly
determine whether the destruction, manipulation, or recovery
of covered data and classified information identified
pursuant to the strategies developed under paragraph \(1\)
would be in the economic and national security interest of
the United States.
\(B\) Destruction, manipulation, or recovery.—In a case in
which the Secretary and the Director jointly determine under
subparagraph \(A\) that destroying, manipulating, or recovering
covered data or classified information is in the economic and
national security interested of the United States, the
Secretary and the Director may jointly—
\(i\) pursuant to strategies required by paragraph \(1\),
identify encrypted covered data and classified information
that is unlawfully held by a foreign entity that has not been
decrypted by the foreign entity;
\(ii\) pursuant to the strategies required by paragraph \(2\),
attempt to destroy, manipulate, or recover the data and
information identified pursuant to clause \(i\); and
\(iii\) when practicable, inform the lawful owners of covered
data or classified information—
\(I\) of the intent of the Secretary or the Director, as the
case may be, to destroy, manipulate, or recover the covered
data or classified information; and
\(II\) upon successful destruction, manipulation, or recovery
of the covered data or classified information.
\(c\) Report.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, the Secretary and the Director
shall jointly submit to Congress a report on the strategies
developed under paragraphs \(1\) and \(2\) of subsection \(c\) and
the actions taken under paragraph \(3\) of such subsection.
\(2\) Recommendations.—The report submitted pursuant to
paragraph \(1\) shall include such recommendations as the
Secretary and the Director may have for legislative or
administrative action to carry out subsection \(c\).
\(3\) Form.—The report submitted pursuant to paragraph \(1\)
shall be submitted in unclassified form, but may include a
classified annex.
SA 6250. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title X, add the following:
SEC. 1025. DUTY TO REPORT TERRORISM.
\(a\) Short Titles.—This section may be cited as the
“Reporting Efficiently to Proper Officials in Response to
Terrorism Act of 2026” or the “REPORT Act”.
\(b\) Definitions.—In this section:
\(1\) Act of terrorism.—The term “act of terrorism” has
the meaning given such term in section 3077\(1\) of title 18,
United States Code.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(B\) the Committee on the Judiciary of the Senate;
\(C\) the Select Committee on Intelligence of the Senate;
\(D\) the Committee on Homeland Security of the House of
Representatives;
\(E\) the Committee on the Judiciary of the House of
Representatives; and
\(F\) the Permanent Select Committee on Intelligence of the
House of Representatives.
\(c\) Reporting Requirement.—
\(1\) In general.—Whenever an act of terrorism occurs in the
United States, the Secretary of Homeland Security, the
Attorney General, the Director of the Federal Bureau of
Investigation, and, as appropriate, the head of the National
Counterterrorism Center shall—
\(A\) submit to the appropriate congressional committees, by
not later than 1 year after the completion of the
investigation concerning such act by the primary Government
agency conducting such investigation, an unclassified report
\(which may be accompanied by a classified annex\) concerning
such act of terrorism; and
\(B\) make the report required under subparagraph \(A\)
available on a publicly accessible website.
\(2\) Other reports.—Reports required under this subsection
may be combined into a quarterly report submitted to
Congress.
\(3\) Availability.—Each unclassified report and classified
annex described in paragraph \(1\)\(A\) shall be made available
upon request by any Member of Congress.
\(d\) Content of Reports.—Each report submitted pursuant to
subsection \(c\) shall—
\(1\) include a statement of the facts of each act of
terrorism covered by the report, to the extent such facts are
known at the time the report is submitted to the appropriate
congressional committees;
\(2\) identify any gaps in homeland or national security that
could be addressed to prevent similar future acts of
terrorism; and
\(3\) include any recommendations for additional measures
that could be taken to improve homeland or national security,
including recommendations relating to potential changes in
law enforcement practices or changes in law, with particular
attention to changes that could help prevent future acts of
terrorism.
\(e\) Exception.—
\(1\) In general.—If the Secretary of Homeland Security, the
Attorney General, or the Director of the Federal Bureau of
Investigation determines any information described in
subsection \(d\) that is required to be included in the report
required under subsection \(c\) could jeopardize an ongoing
investigation or prosecution, the Secretary, Attorney
General, or Director, as the case may be—
\(A\) may withhold from reporting such information; and
\(B\) shall notify the appropriate congressional committees
of such determination.
\(2\) Savings provision.—Withholding of information pursuant
to a determination described in paragraph \(1\) shall not
affect, in any manner, the responsibility of the appropriate
Federal official to submit a report required under subsection
\(c\) containing other information described in subsection \(d\)
that is not subject to such determination.
\(f\) Sunset.—This section shall terminate on the date that
is 5 years after the date of the enactment of this Act.
\(g\) Savings Provision.—Nothing in this section may be
construed to provide the National Counterterrorism Center
with prosecutorial or investigatory authority.
SA 6251. Mr. SCHATZ submitted an \*COM007\*amendment intended to be proposed by him to the bill S. 4784, to
### authorize appropriations for fiscal year 2027 for military activities
of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. REPORT ON EXPOSURE OF INSTALLATIONS OF THE UNITED
STATES AT RISK IN THE PERSIAN GULF.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State as necessary, shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report analyzing the risk
exposure of installations of the United States in the Persian
Gulf to attacks from both state and non-state actors,
including specific analysis on vulnerabilities to attack from
the Islamic Republic of Iran.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) A comprehensive battle damage assessment of how
installations of the United States were impacted by Iranian
drone and ballistic missile attacks during United States-Iran
engagements in 2026, including—
\(A\) a cost estimate of damages;
\(B\) a description of enduring damages that have impacted
readiness of United States force posture in the region to
date; and
\(C\) an assessment of remaining vulnerabilities to similar
attacks that caused damages at those installations.
\(2\) An assessment of—
\(A\) hardening of sites that were struck that needs to take
place;
\(B\) measures that were taken to sufficiently prepare those
sites for the strikes they endured; and
\(C\) impacts to future operation of those sites if certain
hardening requirements are not met.
\(3\) An assessment of what capabilities are available to
sufficiently address waves of drones attacks on facilities of
the United States and a cost estimate of implementing
countermeasures across such facilities in the Persian Gulf,
including any costs expected to be covered by host nations
and what the share of the cost should be.
\(4\) An assessment conducted jointly between the Secretary
of Defense and the Secretary of State that assess any impacts
to bilateral relations between the United State and nations
hosting installations of the United States as a result of the
targeting of those installations by the Islamic Republic of
Iran, including an assessment of what host nations are
considering as benefits to their long-term security
relationship with the United States and concerns regarding
any liabilities from hosting those installations.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but shall include a classified
annex.
SA 6252. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. REPORT ON LIMITATIONS TO AGILE COMBAT EMPLOYMENT
MODEL AS A RESULT OF AGING OR INADEQUATE
INFRASTRUCTURE.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report analyzing
the readiness, status, and need for basic infrastructure of
locations intended for use of the Agile Combat Employment
model of the Department of the Air Force.
\(b\) Elements.—The report required under subsection \(a\)
shall include the following:
\(1\) An assessment by the Secretary of the gap between
available infrastructure at potential sites versus needed new
infrastructure for the successful rollout of the Agile Combat
Employment model.
\(2\) Challenges to developing needed pre-positioned
infrastructure at austere sites that could be a part of such
model, including a list of the types of support
infrastructure most urgently needed at potential sites that
would be set to employ such model.
\(3\) An assessment of the condition of existing maintenance
facilities that are able to conduct complex aircraft repair
at potential sites that would employ such model, the
resourcing required to repair such facilities, and
limitations to maintaining such facilities at austere
locations causing them to fall into disrepair.
\(4\) A description of logistical challenges presented by the
current status of infrastructure at austere locations with
moving equipment, spare parts, and personnel needed for the
successful deployment of such model.
SA 6253. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12\_\_. REPORT ON IMPACTS OF SANCTIONS ON MILITARY
CAPABILITIES OF THE ISLAMIC REPUBLIC OF IRAN
AND THE RUSSIAN FEDERATION.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination where necessary with the Secretary of State and
the Secretary of the Treasury, shall submit to the Committees
of Armed Services of the Senate and the House of
Representatives a report analyzing the impacts of sanctions
imposed by the United States on the armed forces and proxy
forces of the Russian Federation and the Islamic Republic of
Iran, with special consideration for how such sanctions
impacted the readiness of the Islamic Republic of Iran in
responding to attacks launched by the United States and
Israel during Operation Epic Fury.
\(b\) Elements.—The report required by subsection \(a\) shall
include an assessment of the following:
\(1\) How sanctions imposed by the United States have
impacted the overall readiness of the armed forces of the
Islamic Republic of Iran and the Russian Federation,
including how those forces have had to reorganize to address
readiness gaps as a result of such sanctions.
\(2\) The overall health of the domestic defense industrial
base in the Islamic Republic of Iran and the Russian
Federation as a result of sanctions imposed by the United
States between 2018 and January 2026.
\(3\) Whether the defense industrial bases of the Islamic
Republic of Iran and the Russian Federation kept up with the
demands of the armed forces of the Islamic Republic of Iran
and the Russian Federation, respectively.
\(4\) Military technology areas in the Islamic Republic of
Iran and the Russian Federation that have been stunted or
halted as a result of such sanctions.
\(5\) The impacts of sanctions imposed by the United States
on the ability of proxy forces of the Islamic Republic of
Iran and the Russian Federation to conduct extraterritorial
operations and alternative sources of support that such
forces have had to cultivate as a result of such sanctions.
\(6\) Whether sanctions imposed by the United States have had
a meaningful effect in deterring the aggression of the
Islamic Republic of Iran and the Russian Federation.
\(7\) How effective sanctions imposed by the United States
were in stunting the ability of the Islamic Republic of Iran
to respond militarily to Operation Epic Fury.
\(8\) Whether the Islamic Republic of Iran was unable to
effectively coordinate or marshal resources during Operation
Epic Fury as a result of sanctions imposed by the United
States.
\(9\) The effectiveness of sanctions imposed by the United
States on the ability of the Islamic Republic of Iran to
reconstitute its ballistic missile program after strikes by
Israel in June 2025.
\(10\) Whether sanctions imposed by the United States, in
combination with strikes from Operation Epic Fury, will make
a meaningful difference to the ability of the Islamic
Republic of Iran to reconstitute its ballistic missile
program.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6254. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. INTEGRATED CROSS BORDER AERIAL LAW ENFORCEMENT
OPERATIONS PROGRAM.
\(a\) Short Title.—This section may be cited as the “Cross
Border Aerial Law Enforcement Operations Act”.
\(b\) Authorization.—If authorized pursuant to a bilateral
agreement between the United States Government and the
Government of Canada, the Secretary of Homeland Security may
establish an integrated cross border aerial law enforcement
program \(referred to in this section as the “Program”\)
along the international border between the United States and
Canada, which may be modeled off the Framework Agreement on
Integrated Cross-Border Maritime Law Enforcement Operations
Between the Government of the United States of America and
the Government of Canada, done at Detroit May 26, 2009.
\(c\) Program Elements.—
\(1\) Participants.—The Program may be staffed by approved
law enforcement officers from—
\(A\) U.S. Customs and Border Protection;
\(B\) the United States Coast Guard;
\(C\) Homeland Security Investigations;
\(D\) any other Federal law enforcement agency, as
appropriate, designated by the Secretary of Homeland
Security; and
\(E\) appropriate law enforcement agencies of the Government
of Canada.
\(2\) Scope.—The jurisdiction of the Program shall be
limited to the territory located within 50 miles of either
side of the international border between the United States
and Canada unless—
\(A\) a situation within such territory requires an aircraft
to leave from or return to an airport, heliport, or base of
operations located outside such territory; or
\(B\) there are exigent circumstances relating to authorized
Program activities, as defined in the underlying bilateral
agreement, including an emergency on an aircraft or an
emergency on the ground.
\(3\) Civil rights.—The Program shall ensure that the civil
rights, civil liberties, and privacy of all individuals
within the jurisdiction of the United States are guaranteed
in accordance with Federal law.
\(4\) Notification requirements.—
\(A\) Bilateral agreement.—Not later than 30 days after
receiving a copy of a bilateral agreement described in
subsection \(a\), the Secretary of Homeland Security shall
submit a signed copy of such agreement to the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Foreign Relations of the Senate, the Committee
on Homeland Security of the House of Representatives, and the
Committee on Foreign Affairs of the House of Representatives.
\(B\) Program elements and scope.—Not later than 30 days
after the implementation of the Program, the Secretary of
Homeland Security shall submit a written description of the
elements and scope of the Program to the congressional
committees listed under subparagraph \(A\).
\(5\) Privacy, civil rights, and civil liberties training.—
\(A\) In general.—Any agreement described in subsection \(a\)
shall include specific provisions that—
\(i\) are intended to protect the privacy and civil liberties
of United States citizens; and
\(ii\) ensure that cross border aerial law enforcement
operations are conducted in a manner that—
\(I\) respects individual rights; and
\(II\) complies with applicable United States laws.
\(B\) Training.—Any officer of the United States or of
Canada, before participating in the Program, shall complete
sufficient training to ensure they understand their
responsibilities to protect the privacy, civil liberties, and
civil rights of United States citizens.
\(d\) Communications.—Each of the agencies referred to in
subsection \(c\)\(1\) are authorized to establish necessary
communication protocols for the safety of cross border aerial
law enforcement operations.
\(e\) Failure To Finalize Program Report.—If the Program is
not established on or before the date that is 2 years after
the date of the enactment of this Act, the Secretary of
Homeland Security shall submit a report to the congressional
committees referred to in subsection \(c\)\(4\)\(A\) that
includes—
\(1\) a description of any unresolved issues that are
preventing the establishment of the Program;
\(2\) any actions that Congress could take to facilitate the
establishment of such Program;
\(3\) any potential concerns relating to civil rights, civil
liberties, or privacy that have impacted the establishment of
the Program; and
\(4\) a recommendation regarding whether—
\(A\) the Secretary should continue trying to establish such
Program; or
\(B\) such Program is not needed.
\(f\) Unmanned Aircraft System Report.—Not later than 1 year
after the date of the enactment of this Act, the Secretary of
Homeland Security shall submit an unclassified report, with a
classified annex, if necessary, to the congressional
committees referred to in subsection \(c\)\(4\)\(A\) that describes
the use of unmanned aircraft systems \(referred to in this
section as “UAS”\) along the northern international border
of the United States, including—
\(1\) interagency coordination to mitigate incursions from
unauthorized UAS;
\(2\) any jurisdictional issues that would prevent the
mitigation of unauthorized UAS;
\(3\) the use of UAS by malign actors—
\(A\) to collect intelligence or surveil law enforcement
operations;
\(B\) to move contraband, persons, or payloads across the
international border; or
\(C\) to conduct espionage;
\(4\) an assessment of the feasibility for joint, cross-
border law enforcement operations involving UAS or counter-
unmanned aircraft systems; and
\(5\) the potential risks to civil rights, civil liberties,
and privacy resulting from the Department of Homeland
Security operating UAS and counter-unmanned aircraft systems
along the northern border of the United States.
\(g\) No Additional Funds.—No additional funds are
authorized to be appropriated for the purpose of carrying out
this section.
SA 6255. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE \_\_—RIGHTS FOR THE TSA WORKFORCE ACT
SEC. \_\_01. SHORT TITLE.
This title may be cited as the “Rights for the
Transportation Security Administration Workforce Act” or the
“Rights for the TSA Workforce Act”.
SEC. \_\_02. DEFINITIONS.
In this title—
\(1\) the term “2022 Determination” means the publication,
entitled “Determination on Transportation Security Officers
and Collective Bargaining”, issued on December 30, 2022, by
Administrator David P. Pekoske, as modified, or any
superseding subsequent determination;
\(2\) the term “adjusted basic pay” means—
\(A\) the rate of pay fixed by law or administrative action
for a position occupied by a covered employee before any
deductions; and
\(B\) any regular, fixed supplemental payment for non-
overtime hours of work creditable as basic pay for retirement
purposes, including any applicable locality payment and any
special rate supplement;
\(3\) the term “Administration” means the Transportation
Security Administration;
\(4\) the term “Administrator” means the Administrator of
the Administration;
\(5\) the term “appropriate congressional committees”
means—
\(A\) the Committee on Commerce, Science, and Transportation
of the Senate;
\(B\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(C\) the Committee on Homeland Security of the House of
Representatives; and
\(D\) the Committee on Oversight and Government Reform of the
House of Representatives;
\(6\) the term “conversion date” means the date on which
subparagraphs \(A\) through \(F\) of section \_\_03\(c\)\(1\) take
effect;
\(7\) the term “covered employee” means an employee who
occupies a covered position;
\(8\) the term “covered position” means a position within
the Administration;
\(9\) the term “employee” has the meaning given the term in
section 2105 of title 5, United States Code;
\(10\) the term “screening agent” means a full- or part-
time non-supervisory covered employee carrying out screening
functions under section 44901 of title 49, United States
Code;
\(11\) the term “Secretary” means the Secretary of Homeland
Security; and
\(12\) the term “TSA personnel management system” means any
personnel management system established or modified under—
\(A\) section 111\(d\) of the Aviation and Transportation
Security Act \(49 U.S.C. 44935 note\); or
\(B\) section 114\(n\) of title 49, United States Code.
SEC. \_\_03. CONVERSION OF TSA PERSONNEL.
\(a\) Restrictions on Certain Personnel Authorities.—
\(1\) In general.—Notwithstanding any other provision of
law, effective as of the date of enactment of this Act—
\(A\) any TSA personnel management system in use for covered
employees and covered positions on the day before that date
of enactment, and any personnel management policy, letter,
guideline, or directive of the Administration in effect on
that day, may not be modified;
\(B\) no personnel management policy, letter, guideline, or
directive of the Administration that was not established
before that date issued pursuant to section 111\(d\) of the
Aviation and Transportation Security Act \(49 U.S.C. 44935
note\) or section 114\(n\) of title 49, United States Code, may
be established; and
\(C\) any authority to establish or adjust a human resources
management system under chapter 97 of title 5, United States
Code, shall terminate with respect to covered employees and
covered positions.
\(2\) Exceptions.—
\(A\) Pay.—Notwithstanding paragraph \(1\)\(A\), the limitation
in that paragraph shall not apply to any personnel management
policy, letter, guideline, or directive of the Administration
relating to annual adjustments to pay schedules and locality-
based comparability payments in order to maintain parity with
those adjustments authorized under sections 5303, 5304,
5304a, and 5318 of title 5, United States Code.
\(B\) Additional policy.—Notwithstanding paragraph \(1\)\(B\),
new personnel management policy of the Administration may be
issued if—
\(i\) that policy is needed to resolve a matter not
specifically addressed in policy in effect on the date of
enactment of this Act; and
\(ii\) the Secretary provides that policy, with an
explanation of the necessity of that policy, to the
appropriate congressional committees not later than 7 days
after the date on which the policy is issued.
\(C\) Emerging threats to transportation security during
transition period.—
\(i\) In general.—Notwithstanding paragraph \(1\), any
personnel management policy, letter, guideline, or directive
of the Administration relating to an emerging threat to
transportation security, including national emergencies or
disasters and public health
threats to transportation security, may be modified or
established until the conversion date.
\(ii\) Submission to congress.—Not later than 7 days after
the date on which any personnel management policy, letter,
guideline, or directive of the Administration is modified or
established under clause \(i\), the Secretary shall provide to
the appropriate congressional committees that established or
modified policy, letter, guideline, or directive, as
applicable, which shall contain an explanation of the
necessity of that establishment or modification.
\(b\) Personnel Authorities During Transition Period.—Any
TSA personnel management system in use for covered employees
and covered positions on the day before the date of enactment
of this Act, and any personnel management policy, letter,
guideline, or directive of the Administration in effect on
the day before the date of enactment of this Act, shall
remain in effect until the conversion date.
\(c\) Transition to Title 5.—
\(1\) In general.—Except as provided in paragraph \(2\),
effective beginning on a date determined by the Secretary,
but in no event later than December 31, 2026—
\(A\) all TSA personnel management systems shall cease to be
in effect;
\(B\) section 114\(n\) of title 49, United States Code, is
repealed;
\(C\) section 111\(d\) of the Aviation and Transportation
Security Act \(Public Law 107-71; 49 U.S.C. 44935 note\) is
repealed;
\(D\) any personnel management policy, letter, guideline, or
directive of the Administration, including the 2022
Determination, shall cease to be effective;
\(E\) any human resources management system established or
adjusted under chapter 97 of title 5, United States Code,
with respect to covered employees or covered positions shall
cease to be effective; and
\(F\) covered employees and covered positions shall be
subject to the provisions of title 5, United States Code.
\(2\) Chapters 71 and 77 of title 5.—Not later than 90 days
after the date of enactment of this Act—
\(A\) chapters 71 and 77 of title 5, United States Code,
shall apply to covered employees carrying out screening
functions pursuant to section 44901 of title 49, United
States Code; and
\(B\) any policy, letter, guideline, or directive issued
under section 111\(d\) of the Aviation and Transportation
Security Act \(49 U.S.C. 44935 note\) relating to matters
otherwise covered by chapter 71 or 77 of title 5, United
States Code, shall cease to be in effect.
\(3\) Assistance of other agencies.—Not later than 180 days
after the date of enactment of this Act, or December 31,
2026, whichever is earlier—
\(A\) the Director of the Office of Personnel Management
shall establish a position series and classification standard
for the positions of Transportation Security Officer, Federal
air marshal, Transportation Security Inspector, and other
positions requested by the Administrator; and
\(B\) the National Finance Center of the Department of
Agriculture shall make necessary changes to Financial
Management Services and Human Resources Management Services
to ensure payroll, leave, and other personnel processing
systems for covered employees are consistent with chapter 53
of title 5, United States Code, and provide functions as
needed to implement this title.
\(d\) Safeguards on Grievances and Appeals.—
\(1\) In general.—Each covered employee with a grievance or
appeal pending within the Administration on the date of
enactment of this Act, or initiated during the 90-day period
beginning on the date of enactment of this Act, may have that
grievance or appeal removed to proceedings pursuant to title
5, United States Code, or continued within TSA.
\(2\) Authority.—With respect to any grievance or appeal
continued within the Administration under paragraph \(1\), the
Administrator may consider and finally adjudicate that
grievance or appeal notwithstanding any other provision of
this title.
\(3\) Preservation of rights.—Notwithstanding any other
provision of law, any appeal or grievance continued under
this subsection that is not finally adjudicated under
paragraph \(2\) shall be preserved and all timelines tolled
until the rights afforded by application of chapters 71 and
77 of title 5, United States Code, are made available under
subsection \(c\)\(2\).
SEC. \_\_04. TRANSITION RULES.
\(a\) Nonreduction in Pay and Compensation.—Under such pay
conversion rules as the Secretary may prescribe to carry out
this title, a covered employee converted from a TSA personnel
management system to the provisions of title 5, United States
Code, under section \_\_03\(c\)\(1\)\(F\)—
\(1\) may not be subject to any reduction in either the rate
of adjusted basic pay payable or law enforcement availability
pay payable to that covered employee; and
\(2\) shall be credited for years of service in a specific
pay band under a TSA personnel management system as if the
covered employee had served in an equivalent General Schedule
position at the same grade, for purposes of determining the
appropriate step within a grade at which to establish the
converted rate of pay of the covered employee.
\(b\) Retirement Pay.—
\(1\) In general.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a proposal, including
proposed legislative changes if needed, for determining the
average pay of any covered employee who retires not later
than 3 years after the conversion date for purposes of
calculating the retirement annuity of the covered employee.
\(2\) Requirements.—The proposal required under paragraph
\(1\) shall be structured in a manner that—
\(A\) is consistent with title 5, United States Code; and
\(B\) appropriately accounts for the service of a covered
employee to which the proposal applies, and the annual rate
of basic pay of such a covered employee, following the
conversion date.
\(c\) Limitation on Premium Pay.—
\(1\) In general.—Notwithstanding section 5547 of title 5,
United States Code, or any other provision of law, a Federal
air marshal or criminal investigator who is appointed to that
position before the date of enactment of this Act may be
eligible for premium pay up to the maximum level allowed by
the Administrator before the date of enactment of this Act.
\(2\) OPM recognition.—The Director of the Office of
Personnel Management shall recognize premium pay paid
pursuant to paragraph \(1\) as fully creditable for the
purposes of calculating pay and retirement benefits.
\(d\) Preservation of Law Enforcement Availability Pay and
Overtime Pay Rates for Federal Air Marshals.—
\(1\) LEAP.—Section 5545a of title 5, United States Code, is
amended—
\(A\) in subsection \(a\)\(2\), in the matter preceding
subparagraph \(A\), by striking “subsection \(k\)” and
inserting “subsection \(l\)”;
\(B\) by redesignating subsection \(k\) as subsection \(l\); and
\(C\) by inserting after subsection \(j\) the following:
“\(k\) The provisions of subsections \(a\) through \(h\)
providing for availability pay shall apply to any Federal air
marshal who is an employee of the Transportation Security
Administration.”.
\(2\) Overtime.—Section 5542 of title 5, United States Code,
is amended by adding at the end the following:
“\(i\) Notwithstanding any other provision of law, a Federal
air marshal who is an employee of the Transportation Security
Administration shall receive overtime pay under this section,
at such a rate and in such a manner so that such Federal air
marshal does not receive less overtime pay than such Federal
air marshal would receive were that Federal air marshal
subject to the overtime pay provisions of section 7 of the
Fair Labor Standards Act of 1938 \(29 U.S.C. 207\).”.
\(3\) Effective date.—The amendments made by paragraphs \(1\)
and \(2\) shall apply beginning on the conversion date.
\(e\) Collective Bargaining Unit.—Notwithstanding section
7112 of title 5, United States Code, following the
application of chapter 71 of that title pursuant to section
\_\_03\(c\)\(2\) of this title, screening agents shall remain
eligible to form a collective bargaining unit.
\(f\) Preservation of Other Rights.—The Secretary shall take
any actions necessary to ensure that the following rights are
preserved and available for each covered employee beginning
on the conversion date, and for any covered employee
appointed after the conversion date, and continue to remain
available to covered employees after the conversion date:
\(1\) Any annual leave, sick leave, or other paid leave
accrued, accumulated, or otherwise available to a covered
employee immediately before the conversion date shall remain
available to the covered employee until used, subject to any
limitation on accumulated leave under chapter 63 of title 5,
United States Code.
\(2\) Part-time screening agents pay premiums under chapter
89 of title 5, United States Code, on the same basis as full-
time covered employees.
\(3\) Notwithstanding section 6329a of title 5, United States
Code, covered employees are provided appropriate leave during
national emergencies to assist the covered employees and
ensure the Administration meets mission requirements.
\(4\) Eligible screening agents receive a split-shift
differential for regularly scheduled split-shift work as well
as regularly scheduled overtime and irregular and occasional
split-shift work.
\(5\) Notwithstanding sections subsections \(c\), \(e\), and \(f\)
of section 5754 of title 5, United States Code, eligible
covered employees receive group retention incentives, as
appropriate.
SEC. \_\_05. CONSULTATION REQUIREMENT.
\(a\) Exclusive Representative.—
\(1\) In general.—
\(A\) Application.—Beginning on the date that chapter 71 of
title 5, United States Code \(referred to in this subsection
as “chapter 71”\), begins to apply to covered employees
under section \_\_03\(c\)\(2\), the labor organization certified by
the Federal Labor Relations Authority on June 29, 2011, or
any successor labor organization, shall be treated as the
exclusive representative of screening agents and shall be the
exclusive representative for screening agents under chapter
71, with full rights under chapter 71.
\(B\) Rule of construction.—Nothing in this subsection may
be construed to prevent
covered employees from selecting an exclusive representative
other than the labor organization described in paragraph \(1\)
for purposes of collective bargaining under chapter 71.
\(2\) National level.—
\(A\) In general.—Notwithstanding any provision of chapter
71, collective bargaining for any unit of covered employees
shall occur at the national level, but may be supplemented by
local level bargaining and local level agreements in
furtherance of elements of a national agreement or on issues
of any local unit of covered employees not otherwise covered
by a national agreement.
\(B\) Mutual consent required.—Local-level bargaining and
local-level agreements described in subparagraph \(A\) shall
occur only by mutual consent of the exclusive representative
of screening agents and the Federal Security Director \(or a
designee of such an official\) of those screening agents.
\(3\) Current agreement.—Any collective bargaining agreement
covering such personnel in effect on the date of enactment of
this Act shall remain in effect until a collective bargaining
agreement is entered into under chapter 71, unless the
Administrator and exclusive representative mutually agree to
revisions to such an agreement.
\(b\) Consultation Process.—
\(1\) In general.—Not later than 7 days after the date of
enactment of this Act, the Secretary shall consult with the
exclusive representative for the screening agents described
in subsection \(a\)\(1\) under chapter 71 of title 5, United
States Code, on the formulation of plans and deadlines to
carry out the conversion, under this title, of those
screening agents.
\(2\) Written plans.—Before the date that chapter 71 of
title 5, United States Code, begins to apply under section
\_\_03\(c\)\(2\), the Secretary shall provide \(in writing\) to the
exclusive representative described in paragraph \(1\) the plans
for how the Secretary intends to carry out the conversion of
covered employees under this title, including with respect to
such matters as—
\(A\) the anticipated conversion date; and
\(B\) measures to ensure compliance with sections \_\_03 and
\_\_04.
\(c\) Required Agency Response.—If any views or
recommendations are presented under subsection \(b\) by the
exclusive representative described in that subsection, the
Secretary shall—
\(1\) consider the views or recommendations before taking
final action on any matter with respect to which the views or
recommendations are presented; and
\(2\) provide the exclusive representative a written
statement of the reasons for the final actions to be taken.
SEC. \_\_06. NO RIGHT TO STRIKE.
Nothing in this title may be considered—
\(1\) to repeal or otherwise affect—
\(A\) section 1918 of title 18, United States Code \(relating
to disloyalty and asserting the right to strike against the
Government\); or
\(B\) section 7311 of title 5, United States Code \(relating
to loyalty and striking\); or
\(2\) to otherwise authorize any activity that is not
permitted under a provision of law described in subparagraph
\(A\) or \(B\) of paragraph \(1\).
SEC. \_\_07. PROPOSAL ON HIRING AND CONTRACTING BACKGROUND
CHECK REQUIREMENTS.
Not later than 1 year after the date of enactment of this
Act, the Secretary shall submit to the appropriate
congressional committees a plan to harmonize and update, for
the purposes of making appointments and for authorizing or
entering into any contract for service, the restrictions
under section 70105\(c\) of title 46, United States Code,
\(relating to the issuance of transportation security cards\)
and section 44936 of title 49, United States Code, \(relating
to employment investigations and restrictions\).
SEC. \_\_08. COMPTROLLER GENERAL REVIEWS.
\(a\) Review of Recruitment.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the efforts of
the Administration regarding recruitment, including
recruitment efforts relating to veterans, the dependents of
veterans, members of the Armed Forces, and the dependents of
such members.
\(2\) Recruitment.—The report required under paragraph \(1\)
shall include recommendations regarding how the
Administration may improve the recruitment efforts described
in that paragraph.
\(b\) Review of Implementation.—The Comptroller General of
the United States shall—
\(1\) not later than 60 days after the conversion date,
commence a review of the implementation of this title; and
\(2\) not later than 1 year after the conversion date, submit
to Congress a report on the review conducted under paragraph
\(1\).
\(c\) Review of Promotion Policies and Leadership
Diversity.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States
shall submit to Congress a report—
\(1\) on the efforts of the Administration to ensure that
recruitment, appointment, promotion, and advancement
opportunities within the Administration are equitable and
provide for demographics among senior leadership that are
reflective of the workforce demographics of the United
States; and
\(2\) that, to the extent possible, includes—
\(A\) an overview and analysis of the current \(as of the date
on which the report is submitted\) demographics of the
leadership of the Administration; and
\(B\) as appropriate, recommendations to improve appointment
and promotion procedures and diversity in leadership roles,
which may include recommendations for how the Administration
can better promote from within the Administration and retain
and advance covered employees.
\(d\) Review of Harassment and Assault Policies and
Protections.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the efforts of
the Administration to ensure the safety of the staff of the
Administration with respect to harassment and assault in the
workplace, such as incidents—
\(A\) of sexual harassment and violence and harassment and
violence motivated by the perceived race, ethnicity,
religion, gender identity, or sexuality of an individual; and
\(B\) in which the alleged perpetrator is a member of the
general public.
\(2\) Inclusions.—The report required under paragraph \(1\)
shall include—
\(A\) an overview and analysis of the current \(as of the date
on which the report is submitted\) policies and response
procedures of the Administration;
\(B\) a detailed description of if, when, and how the
policies described in subparagraph \(A\) fail to adequately
protect covered employees; and
\(C\) as appropriate, recommendations for steps the
Administration can take to better protect covered employees
from harassment and violence in the workplace.
\(3\) Opportunity for comment.—In conducting the review
required under this subsection, the Comptroller General of
the United States shall provide opportunities for covered
employees of all levels and positions, and labor
organizations and associations representing those covered
employees, to submit comments, including in an anonymous
form, and take those comments into account in the final
recommendations of the Comptroller General.
SEC. \_\_09. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) TSA personnel management systems provide insufficient
benefits and workplace protections to the workforce that
secures the transportation systems of the United States;
\(2\) covered employees should be provided protections and
benefits under title 5, United States Code; and
\(3\) the provision of the protections and benefits described
in paragraph \(2\) should not result in a reduction of pay or
benefits to current covered employees.
SEC. \_\_010. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.
The Administrator shall communicate with organizations
representing a significant number of Federal air marshals, to
the extent provided by law, to address concerns regarding
Federal Air Marshals related to the following:
\(1\) Mental health.
\(2\) Suicide rates.
\(3\) Morale and recruitment.
\(4\) Equipment and training.
\(5\) Work schedules and shifts, including mandated periods
of rest.
\(6\) Any other personnel issues the Administrator determines
appropriate.
SEC. \_\_011. BRIEFING ON ASSAULTS AND THREATS ON TSA
EMPLOYEES.
Not later than 90 days after the date of enactment of this
Act, the Administrator shall brief the appropriate
congressional committees regarding the following:
\(1\) Reports to the Administrator of instances of physical
or verbal assaults or threats made by members of the general
public against screening agents since January 1, 2019.
\(2\) Procedures for reporting the assaults and threats
described in paragraph \(1\), including information on how the
Administrator communicates the availability of those
procedures.
\(3\) Any steps taken by the Administration to prevent and
respond to the assaults and threats described in paragraph
\(1\).
\(4\) Any related civil actions and criminal referrals made
annually since January 1, 2019.
\(5\) Any additional authorities needed by the Administrator
to better prevent or respond to the assaults and threats
described in paragraph \(1\).
SEC. \_\_012. ANNUAL REPORTS ON TSA WORKFORCE.
Not later than 1 year after the date of enactment of this
Act, and annually thereafter, the Administrator shall submit
to the appropriate congressional committees a report that
contains the following:
\(1\) An analysis of the Federal Employee Viewpoint Survey of
the Office of Personnel Management to determine job
satisfaction rates of covered employees.
\(2\) Information relating to retention rates of covered
employees at each airport, including transfers, in addition
to aggregate retention rates of covered employees across the
workforce of the Administration.
\(3\) Information relating to actions taken by the
Administration intended to improve workforce morale and
retention.
SEC. \_\_013. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary, to remain
available until expended, to carry out this title and the
amendments made by this title.
SA 6256. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE \_\_—FEDERAL EMPLOYEES CIVIL RELIEF ACT
SEC. \_\_01. SHORT TITLE.
This title may be cited as the “Federal Employees Civil
Relief Act”.
SEC. \_\_02. PURPOSE.
The purpose of this title is to provide for the temporary
suspension of judicial and administrative proceedings and
transactions that may adversely affect the civil rights of
Federal workers during a shutdown.
SEC. \_\_03. DEFINITIONS.
In this title:
\(1\) Consumer reporting agency.—The term “consumer
reporting agency” has the meaning given the term in section
603\(f\) of the Fair Credit Reporting Act \(15 U.S.C. 1681a\(f\)\).
\(2\) Contractor.—The term “contractor” has the meaning
given the term in section 7101 of title 41, United States
Code.
\(3\) Court; judgment; state.—The terms “court”,
“judgment”, and “State” have the meanings given those
terms in section 101 of the Servicemembers Civil Relief Act
\(50 U.S.C. 3911\).
\(4\) Covered period.—The term “covered period” means the
period beginning on the date on which a shutdown begins and
ending on the date that is 30 days after the date on which
that shutdown ends.
\(5\) Federal worker.—The term “Federal worker”—
\(A\) means an employee of a Government agency; and
\(B\) includes an employee of a contractor.
\(6\) Government agency.—The term “Government agency”
means each authority of the executive, legislative, or
judicial branch of the Government of the United States.
\(7\) Shutdown.—The term “shutdown” means any period in
which—
\(A\) there is more than a 24-hour lapse in appropriations
for any Government agency or Federal department as a result
of a failure to enact a regular appropriations bill or
continuing resolution; or
\(B\) the debt of the United States Government is greater
than the statutory limit under section 3101 of title 31,
United States Code.
SEC. \_\_04. JURISDICTION.
\(a\) Jurisdiction.—This title shall apply to—
\(1\) the United States;
\(2\) each of the States, including each political
subdivision of a State; and
\(3\) all territory that is subject to the jurisdiction of
the United States.
\(b\) Applicability to Proceedings.—This title—
\(1\) shall apply to any judicial or administrative
proceeding that is commenced in any court or agency in any
jurisdiction that is subject to this title; and
\(2\) shall not apply to criminal proceedings or with respect
to child support payments.
\(c\) Court in Which Application May Be Made.—When, under
this title, any application is required to be made to a court
in which no proceeding has already been commenced with
respect to a matter, that application may be made to any
court that would otherwise have jurisdiction over the matter.
\(d\) Notification.—
\(1\) In general.—The head of the Government agency that
employs a Federal worker, or at which a Federal worker
performs services, as applicable, shall provide the Federal
worker with written notice regarding the benefits provided
under this title—
\(A\) on the date on which the individual becomes a Federal
worker; and
\(B\) periodically after the date described in subparagraph
\(A\), including on the date on which any shutdown begins.
\(2\) Legislative and judicial branch.—With respect to a
Federal worker in a Government agency in the legislative
branch or judicial branch \(or, in the case of a Federal
worker who is an employee of a contractor, who provides
services at a Government agency in the legislative branch or
judicial branch\), the officer or employee at the Government
agency who has the final authority to appoint, hire,
discharge, and set the terms, conditions, or privileges of
the employment of the Federal worker shall provide the notice
required under paragraph \(1\).
SEC. \_\_05. ANTICIPATORY RELIEF.
A Federal worker who is furloughed or required to work
without pay during a shutdown may apply to a court for a
temporary stay, postponement, or suspension with respect to
any payment of rent, mortgage, tax, fine, penalty, insurance
premium, student loan repayment, or other civil obligation or
liability that the Federal worker or individual, as
applicable, owes or would owe during the duration of the
shutdown.
SEC. \_\_06. EVICTIONS.
\(a\) Court-Ordered Eviction.—Except by the order of a
court, a landlord may not, during a shutdown—
\(1\) evict a Federal worker from premises that are occupied
or intended to be occupied primarily as a residence; or
\(2\) subject premises described in paragraph \(1\) to a
distress.
\(b\) Stay of Execution.—
\(1\) Court authority.—Upon an application for eviction or
distress with respect to premises described in subsection
\(a\)\(1\), a court may, upon motion of the court, and shall, if
a request is made by or on behalf of a Federal worker, the
ability of whom to pay the rent that is the subject of the
action is materially affected by a shutdown—
\(A\) stay the proceedings for a period of 30 days, unless,
in the opinion of the court, justice and equity require a
longer or shorter period of time; or
\(B\) adjust the obligation under the lease to preserve the
interests of all parties.
\(2\) Relief to landlord.—If a court grants a stay under
paragraph \(1\), the court may grant to the landlord \(or other
person with paramount title\) such relief as equity may
require.
\(c\) Misdemeanor.—Except as provided in subsection \(a\), a
person that knowingly takes part in an eviction or distress
described in that subsection, or that knowingly attempts to
take part in an eviction or distress described in that
subsection, shall be fined as provided in title 18, United
States Code, or imprisoned for not more than 1 year, or both.
SEC. \_\_07. MORTGAGE PROTECTION AND FORECLOSURES.
\(a\) Definition.—In this section, the term “covered
action” means an action relating to an obligation—
\(1\) with respect to real or personal property owned by a
Federal worker; and
\(2\) that—
\(A\) originated before the date on which a shutdown begins;
\(B\) is in effect on the date on which a shutdown begins;
and
\(C\) is secured by a mortgage, trust deed, or other security
in the nature of a mortgage.
\(b\) Stay of Proceedings and Adjustment of Obligation.—If a
covered action is filed in a court during a covered period,
the court may, after a hearing and upon the motion of the
court, and shall, upon application by the Federal worker if
the ability of the Federal worker to comply with the covered
obligation is materially affected by the shutdown—
\(1\) stay the proceedings for a period of time as justice
and equity require; or
\(2\) adjust the obligation to preserve the interests of all
parties.
\(c\) Sale or Foreclosure.—A sale, foreclosure, or seizure
of property for a breach of an obligation described in
subsection \(a\) by a Federal worker shall not be valid if made
during a covered period except upon the order of a court that
is granted before that sale, foreclosure, or seizure, as
applicable, with a return made and approved by the court.
\(d\) Misdemeanor.—A person that knowingly makes or causes
to be made a sale, foreclosure, or seizure of property that
is prohibited under subsection \(c\), or that knowingly
attempts to make or cause to be made a sale, foreclosure, or
seizure of property that is prohibited under that subsection,
shall be fined as provided in title 18, United States Code,
or imprisoned for not more than 1 year, or both.
SEC. \_\_08. LIENS.
\(a\) Liens.—
\(1\) Definition.—In this subsection, the term “lien”
includes—
\(A\) a lien—
\(i\) for storage, repair, or cleaning of the property or
effects of a Federal worker; and
\(ii\) on the property or effects described in clause \(i\) for
any reason other than a reason described in that clause; and
\(B\) a loan that a Federal worker has obtained with respect
to a motor vehicle.
\(2\) Limitation on foreclosure or enforcement.—A person
holding a lien on the property or effects of a Federal worker
may not, during a covered period, foreclose on or enforce
that lien without the order of a court that was issued before
the date on which that foreclosure or enforcement occurs.
\(b\) Stay of Proceedings.—In a proceeding to foreclose on
or enforce a lien that is subject to this section, a court
may, upon the motion of the court, and shall, if requested by
a Federal worker, the ability of whom to comply with the
obligation resulting in the proceeding is materially affected
by a shutdown—
\(1\) stay the proceeding for a period of time as justice and
equity require; or
\(2\) adjust the obligation to preserve the interests of all
parties.
\(c\) Misdemeanor.—A person that knowingly takes an action
that violates this section, or attempts to take an action
that violates this section, shall be fined as provided in
title 18, United States Code, or imprisoned for not more than
1 year, or both.
SEC. \_\_09. STUDENT LOANS.
\(a\) Definition of Student Loan.—In this section, the term
“student loan” means the following:
\(1\) A loan made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 \(20 U.S.C. 1070 et seq.\),
including any Federal Direct Stafford Loan, Federal Direct
Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or
Federal Direct Consolidation Loan.
\(2\) A private education loan, as such term is defined in
section 140\(a\) of the Truth in Lending Act \(15 U.S.C.
1650\(a\)\).
\(b\) Application to Student Loans.—This section shall apply
to any situation in which—
\(1\) the student loan payment of a Federal worker falls due
or remains unpaid during a shutdown; and
\(2\) during the shutdown described in paragraph \(1\), the
Federal worker described in that paragraph has been
furloughed or required to work without pay.
\(c\) Deferment Eligibility.—During a covered period, a
Federal worker shall be eligible for deferment, during which,
with respect to a student loan, periodic installments of
principal need not be paid and interest shall not accrue.
\(d\) Limitation on Defaults.—If the student loan payment of
a Federal worker falls due and remains unpaid during a
shutdown, the lender with respect to the student loan may not
place the loan in default without the order of a court.
\(e\) Limitation on Collections.—If the student loan of a
Federal worker has been placed in default before the date on
which a shutdown begins, the lender with respect to the
student loan may not, without the order of a court, perform
any of the following activities during the covered period
with respect to the shutdown:
\(1\) Send the student loan to collection.
\(2\) Report adverse information with respect to the Federal
worker to a consumer reporting agency.
\(3\) Garnish wages, tax refunds, or government benefits.
\(f\) Court Stay.—In a proceeding to collect a student loan
payment that is subject to this section, a court may, upon
the motion of the court, and shall, if requested by a Federal
worker whose ability to comply with the obligation resulting
in the proceeding is materially affected by a shutdown—
\(1\) stay the proceeding for a period of time as justice and
equity require; or
\(2\) adjust the obligation to preserve the interests of all
parties.
\(g\) Misdemeanor.—A person that knowingly violates this
section, or attempts to violate this section, shall be fined
as provided in title 18, United States Code, or imprisoned
for not more than 1 year, or both.
SEC. \_\_010. INCOME TAXES.
\(a\) Deferral of Tax.—Upon notice to the Internal Revenue
Service, the collection of Federal income tax on the income
of a Federal worker falling due during a shutdown shall be
deferred for a period of not more than 90 days after the date
on which the shutdown ends if the ability of the Federal
worker to pay the income tax is materially affected by the
shutdown.
\(b\) Accrual of Interest or Penalty.—No interest or penalty
shall accrue during the period of deferment under subsection
\(a\) by reason of nonpayment on any amount of tax deferred
under this section.
\(c\) Statute of Limitations.—The running of a statute of
limitations against the collection of tax deferred under this
section, by seizure or otherwise, shall be suspended for the
covered period with respect to the shutdown to which the
collection applies.
\(d\) Application Limitation.—This section shall not apply
to the tax imposed on employees under section 3101 of the
Internal Revenue Code of 1986.
SEC. \_\_011. INSURANCE PROTECTION.
\(a\) Definition.—In this section, the term “covered
insurance policy” means a policy—
\(1\) for—
\(A\) health insurance;
\(B\) life insurance;
\(C\) disability insurance; or
\(D\) motor vehicle insurance; and
\(2\) that—
\(A\) a Federal worker enters into before the date on which a
shutdown begins; and
\(B\) is in effect during a shutdown.
\(b\) Insurance Protection.—Without the order of a court, a
covered insurance policy shall not lapse or otherwise
terminate or be forfeited because a Federal worker does not
pay a premium, or interest or indebtedness on a premium,
under the policy that is due during a covered period with
respect to a shutdown.
SEC. \_\_012. PROTECTION OF RIGHTS.
\(a\) Exercise of Rights Under Chapter Not To Affect Certain
Future Financial Transactions.—An application by a Federal
worker for, or the receipt by a Federal worker of, a stay,
postponement, or suspension under this title with respect to
the payment of a fine, penalty, insurance premium, or other
civil obligation or liability of that Federal worker shall
not itself \(without regard to other considerations\) provide
the basis for any of the following:
\(1\) A determination by a lender or other person that the
Federal worker is unable to pay the civil obligation or
liability, as applicable, in accordance with the terms of the
obligation or liability.
\(2\) With respect to a credit transaction between a creditor
and the Federal worker—
\(A\) a denial or revocation of credit by the creditor;
\(B\) a change by the creditor in the terms of an existing
credit arrangement; or
\(C\) a refusal by the creditor to grant credit to the
Federal worker in substantially the amount or on
substantially the terms requested.
\(3\) An adverse report relating to the creditworthiness of
the Federal worker by or to a person engaged in the practice
of assembling or evaluating consumer credit information.
\(4\) A refusal by an insurer to insure the Federal worker.
\(5\) A change in the terms offered or conditions required
for the issuance of insurance.
\(b\) Reduction or Waiver of Fines or Penalties.—If a
Federal worker fails to perform an obligation arising under a
contract and a penalty is incurred arising from that
nonperformance, a court may reduce or waive the fine or
penalty if—
\(1\) the Federal worker was furloughed or required to work
without pay during a shutdown on the date on which the fine
or penalty was incurred; and
\(2\) the ability of the Federal worker to perform the
obligation was materially affected by the shutdown described
in paragraph \(1\).
\(c\) Court Action Upon Material Effect Determination.—If a
court determines that a Federal worker is materially affected
by a shutdown in complying with a judgment or an order of a
court, the court may, upon the motion of the court, and
shall, on application by the Federal worker—
\(1\) stay the execution of any judgment or order entered
against the Federal worker; and
\(2\) vacate or stay an attachment or garnishment of
property, money, or debts in the possession of the Federal
worker or a third party, whether before or after the entry of
a judgment.
\(d\) Dependents.—Upon application to a court, a dependent
of a Federal worker is entitled to the protections under this
title if the ability of the dependent to comply with a lease,
contract, bailment, or other obligation is materially
affected by reason of the impact of a shutdown on the Federal
worker.
SEC. \_\_013. ENFORCEMENT.
\(a\) Civil Action.—The Attorney General may commence a
civil action in any appropriate district court of the United
States against any person that engages in—
\(1\) a pattern or practice of violating this title; or
\(2\) a violation of this title that raises an issue of
significant public importance.
\(b\) Relief.—In a civil action commenced under subsection
\(a\), a court may—
\(1\) grant any appropriate equitable or declaratory relief
with respect to the violation of this title;
\(2\) award all other appropriate relief, including monetary
damages, to any person aggrieved by the violation described
in paragraph \(1\); and
\(3\) to vindicate the public interest, assess a civil
penalty—
\(A\) in an amount that is not more than $55,000 for a first
violation; and
\(B\) in an amount that is not more than $110,000 for any
subsequent violation.
\(c\) Intervention.—Upon timely application, a person that
is aggrieved by a violation of this title with respect to
which a civil action is commenced under subsection \(a\) may—
\(1\) intervene in the action; and
\(2\) obtain such appropriate relief as the person could
obtain in a civil action under subsection \(d\) with respect to
that violation, along with costs and a reasonable attorney
fee.
\(d\) Private Right of Action.—Any person that, after the
date of enactment of this Act, is aggrieved by a violation of
this title may, in a civil action—
\(1\) obtain any appropriate equitable or declaratory relief
with respect to the violation; and
\(2\) recover all other appropriate relief, including
monetary damages.
\(e\) Costs and Attorney Fees.—A court may award to a person
aggrieved by a violation of this title that prevails in an
action brought under subsection \(d\) the costs of the action,
including a reasonable attorney fee.
\(f\) No Preemption.—Nothing in this section may be
construed to preclude or limit any remedy otherwise available
under other law, including consequential and punitive
damages.
SA 6257. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 539F. ADDITIONAL REQUIREMENTS FOR INITIATIVE TO ENHANCE
THE CAPABILITY OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS TO PREVENT AND
COMBAT CHILD SEXUAL EXPLOITATION.
\(a\) Partnerships and Mandatory Training.—Section 550D\(c\)
of the National Defense Authorization Act for Fiscal Year
2020 \(Public Law 116-92; 10 U.S.C. 1561 note prec.\) is
amended—
\(1\) by amending paragraph \(2\) to read as follows:
“\(2\) Partnerships.—The Secretary shall seek to enter into
partnership and execute collaborative agreements with
functional experts, including highly qualified national child
protection organizations or local law enforcement training
centers, including those in United States territories and
near military installations abroad, with demonstrated
expertise in the delivery of law enforcement training, to
identify, investigate, and prosecute individuals engaged in
online child sexual exploitation.”; and
\(2\) by amending paragraph \(3\) to read as follows:
“\(3\) Mandatory training.—The Secretary shall establish
mandatory training for criminal investigative organizations
of the Department of Defense and other appropriate personnel
at military installations within and outside the contiguous
United States, including United States territories, to ensure
that the capability and capacity to investigate child
exploitation is continuously maintained regardless of staff
turnover and relocations.”.
\(b\) Overseas Opportunities.—In carrying out the initiative
under section 550D of the National Defense Authorization Act
for Fiscal Year 2020 \(Public Law 116-92; 10 U.S.C. 1561 note
prec.\), as amended by subsection \(a\), the Secretary of
Defense shall, consistent with current memoranda of
understanding, explore opportunities—
\(1\) in at least three United States territories with
military installations; and
\(2\) in at least two countries with United States military
installations.
SA 6258. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON PROCUREMENTS PRODUCED BY CHILD
LABOR.
\(a\) Prohibition on the Availability of Funds for
Procurements Produced by Child Labor.—None of the funds
authorized to be appropriated by this Act or otherwise made
available for fiscal year 2027 for the Department of Defense
may be obligated or expended to knowingly procure any
products produced or manufactured wholly or in part by
oppressive child labor.
\(b\) Rulemaking.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall issue
rules, in consultation with the Department of Labor, to
require a certification from offerors for contracts with the
Department of Defense stating the offeror has made a good
faith effort to determine that oppressive child labor was not
or will not be used in the performance of such contract.
\(c\) Oppressive Child Labor Defined.—In this section, the
term “oppressive child labor” has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 \(29
U.S.C. 203\).
SA 6259. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
SEC. 1270A. ANNUAL REPORT ON THE PEOPLE'S REPUBLIC OF CHINA'S
INTERNATIONAL MEDIA ENGAGEMENT STRATEGY.
\(a\) Defined Term.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
\(b\) In General.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees that describes developments in the
People's Republic of China's international media engagement
strategy, including journalist training and support programs.
\(c\) Elements.—The report required under subsection \(b\)
shall include—
\(1\) an overview of the People's Republic of China's
assistance to foreign media organizations, media-related
organizations, foreign journalist training programs, study
tours, and exchanges undertaken during the most recent 12-
month period, including the PRC-controlled entities involved
in such engagements and the regions of focus for such
assistance;
\(2\) an assessment of any shifts in the People's Republic of
China's international media engagement strategy during the
most recent 12-month period and the impacts of China's
engagements on foreign press coverage; and
\(3\) a description of any media engagement activities or
assistance by the United States, its allies, or multilateral
organizations in the regions of focus for the People's
Republic of China's international media engagement strategy.
\(d\) Form of Report.—Each report required under this
section shall be submitted in unclassified form, but may
include a classified annex.
SA 6260. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. COAST GUARD CYBER PROTECTION ENGAGEMENT
REQUIREMENTS FOR INDO-PACIFIC REGION.
Not later than 180 days after the date of the enactment of
this Act, the Commandant of the Coast Guard shall issue, for
each Coast Guard sector located in the Indo-Pacific region,
guidance establishing standardized procedures for scheduling
protocols and reporting requirements, which shall include
requirements to do the following:
\(1\) Conduct quarterly cybersecurity threat coordination
meetings with the Cybersecurity and Infrastructure Security
Agency, the Department of Defense Information Network, the
United States Indo-Pacific Command, and relevant State,
local, Tribal, and territorial partners.
\(2\) Not less frequently than once each fiscal year, request
support from a Coast Guard Cyber Protection Team for the
purpose of cyber readiness assessments, vulnerability
evaluations, or incident response preparedness.
\(3\) Incorporate the findings of such Coast Guard Cyber
Protection Team into the annual readiness report submitted to
the Area Commander with respect to the sector concerned.
SA 6261. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. STRENGTHENING COAST GUARD CYBERSECURITY
AUTHORITIES.
\(a\) Maritime Cybersecurity Authorities.—Chapter 7 of title
14, United States Code, is amended by adding at the end the
following:
“Sec. 723. Maritime cybersecurity authorities
“\(a\) Maritime Cyber Threat Information-sharing
Authorities.—
“\(1\) In general.—The Commandant may receive, analyze, and
share maritime cybersecurity threat indicators,
vulnerabilities, and mitigation information with—
“\(A\) foreign maritime security partners;
“\(B\) operators of vessels of the United States \(as defined
in section 116 of title 46, United States Code\);
“\(C\) port authorities and maritime critical infrastructure
operators; and
“\(D\) multinational maritime security centers or fusion
centers.
“\(2\) Information sharing.—Information sharing under this
subsection shall be conducted—
“\(A\) in a manner that is consistent with the protection of
classified information, privacy requirements, and applicable
law; and
“\(B\) in coordination with the Cybersecurity and
Infrastructure Security Agency.
“\(b\) Cyber Investigative Cooperation.—The Commandant, in
consultation with the Secretary of State, may enter into
bilateral or multilateral arrangements with foreign maritime
law enforcement agencies to support investigations of cyber
and cyber-enabled maritime crime, including digital forensics
cooperation, evidence-sharing arrangements, and coordinated
investigative activities, consistent with United States law
and international agreements.
“\(c\) Cyber Protection of Coast Guard Assets Deployed.—The
Commandant is authorized to deploy cyber protection teams,
cyber-secure communications systems, and defensive cyber
capabilities aboard Coast Guard cutters, aircraft, and
forward operating sites, including through cooperative
arrangements with the Department of Defense.
“\(d\) Participation in Regional Cybersecurity Frameworks.—
The Commandant may participate in regional cybersecurity and
maritime security initiatives, working groups, and exercises
for the purpose of improving maritime cyber resilience,
enhancing interoperability, and strengthening collective
cyber-maritime security.
“\(e\) Cybersecurity Engagement.—Notwithstanding section
710, the Commandant, in consultation with the Secretary of
State, may conduct cybersecurity-related engagement,
training, technical assistance, and capacity-building
activities with foreign maritime agencies and port
authorities for the purpose of enhancing maritime
cybersecurity, cyber-incident response, and cyber-risk
mitigation.”.
\(b\) Cybersecurity of Foreign Ports Critical to United
States Supply Chains.—Section 70108 of title 46, United
States Code, is amended—
\[\(1\) in subsection \(a\)\(2\), by inserting “, including a
cybersecurity risk or other cybersecurity vulnerability”
after “security risk”; and\[SLC Note: The text you put in
the edits does not make sense with current law in the place
where you indicated to put it. So I have reverted to the
previous version of the text,
because I believe you and my colleague Katie had discussed
this issue previously.\]\]
\(2\) by adding at the end the following:
“\(h\) Cybersecurity Assessments.—The Commandant of the
Coast Guard may—
“\(1\) conduct cybersecurity-focused assessments of foreign
ports that may pose a significant risk to the security or
resilience of the maritime transportation system of the
United States; and
“\(2\) may provide technical assistance to such ports to
address identified cyber vulnerabilities.”.
\(c\) Annual Report on Maritime Cybersecurity Threats and
Coast Guard Capacity.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on Coast Guard cybersecurity
activities.
\(2\) Elements.—The report required by paragraph \(1\) shall
include the following:
\(A\) A detailed description of significant maritime
cybersecurity threats, trends, and incidents, including
threats to ports, shipping companies, maritime logistics
networks, and Coast Guard assets.
\(B\) A summary of Coast Guard cybersecurity enforcement
actions, investigations, and compliance activities conducted
during the preceding year.
\(C\) An assessment of Coast Guard workforce capacity,
including hiring, retention, training, and workforce
development needs related to cybersecurity missions.
\(D\) An evaluation of coordination with foreign maritime law
enforcement agencies, United States allies, and regional
cybersecurity frameworks.
\(E\) Recommendations for additional authorities, resources,
or international agreements needed to strengthen maritime
cybersecurity.
\(3\) Form.—Each report required by paragraph \(1\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6262. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. COAST GUARD INCLUSION IN DEPARTMENT OF DEFENSE
ANNUAL REPORTS ON CHILD EXPLOITATION.
The Commandant of the Coast Guard shall submit to the
Secretary of Homeland Security, for submission to the Under
Secretary of Defense for Intelligence and Security, all data
necessary for inclusion in the annual report of the
Department of Defense on child exploitation offenses required
by section 550D of the National Defense Authorization Act for
Fiscal Year 2020 \(Public Law 116-92; 10 U.S.C. 1561 note\).
SA 6263. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. INITIATIVE FOR ENHANCED COOPERATION WITH JAPAN AND
THE PHILIPPINES.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
establish an initiative to enhance trilateral cooperation
among the United States, Japan, and the Philippines \(referred
to in this section as the “Initiative”\).
\(b\) Elements.—The Initiative shall address the following
issues:
\(1\) Maritime cooperation and information sharing.
\(2\) Economic security.
\(3\) Digital, cyber, and technology cooperation.
\(4\) Humanitarian assistance and disaster relief.
\(5\) Any other matter the Secretary of State considers
appropriate.
\(c\) Designated Official.—
\(1\) In general.—The Secretary of State shall designate an
employee of the Department of State to be responsible for the
Initiative.
\(2\) Additional roles.—The official designated under
paragraph \(1\) may carry out additional roles within the
Department of State.
\(d\) Trilateral Working Group.—The Secretary of State shall
seek to establish, within the United States Embassy in
Manila, a trilateral working group to support the Initiative
that includes representatives from the Government of the
Philippines and the Embassy of Japan in Manila.
\(e\) Congressional Engagement.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of
State shall—
\(1\) notify the appropriate committees of Congress of the
official designated under subsection \(c\)\(1\); and
\(2\) make such official available to provide briefings to
Congress on plans to enhance trilateral cooperation under the
Initiative.
\(f\) Report.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with head of any relevant
Federal department or agency, shall submit to the appropriate
committees of Congress a report that—
\(A\) details the results of cooperation under the
Initiative;
\(B\) describes trilateral engagements and initiatives; and
\(C\) explains any barriers to enhanced cooperation.
\(2\) Form.—Each report required by paragraph \(1\) shall be
submitted in unclassified form but may include a classified
annex.
\(g\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SA 6264. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. REPORT ON BENEFITS OF FACT-BASED JOURNALISM IN
INDO-PACIFIC REGION.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate committees of Congress a report outlining the
benefits, to United States defense and security objectives in
the Indo-Pacific region, of editorially independent, fact-
based journalism in the Indo-Pacific region, including
throughout the Pacific Islands.
\(b\) Elements.—The report required by subsection \(a\) shall
include an assessment of the following:
\(1\) The benefits to United States defense and security
interests of an information environment in the Indo-Pacific
region, including the Pacific Islands, that includes fact-
based reporting on the malign activities of competitors and
adversaries in the region.
\(2\) The risks to Department of Defense operations and
activities of insufficient editorially independent news media
in the Indo-Pacific region.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6265. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 885. CONTRACT TRANSPARENCY FOR PRIVACY.
\(a\) Contract Disclosures.—The Secretary of Defense shall
disclose to Congress any contract terms pertaining to
domestic surveillance, tracking, monitoring of United States
citizens or nationals, including collection, querying, or
data analytics that may be employed in such activities.
\(b\) Waiver Notifications.—The Secretary of Defense shall
notify Congress within 30 days after issuing any waiver or
exemption pursuant to a contact term described in subsection
\(a\), including the rationale, description of the waiver
scope, and duration.
SA 6266. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following new titles:
TITLE XVII—KIDS OFF SOCIAL MEDIA ACT
SEC. 1701. SHORT TITLE.
This title may be referred to as the “Kids Off Social
Media Act”.
SEC. 1702. DEFINITIONS.
In this title:
\(1\) Personalized recommendation system.—The term
“personalized recommendation system” means a fully or
partially automated system used to suggest, promote, or rank
content, including other users or posts, based on the
personal data of users.
\(2\) Child.—The term “child” means an individual under
the age of 13.
\(3\) Commission.—The term “Commission” means the Federal
Trade Commission.
\(4\) Know; knows.—The term “know” or “knows” means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
\(5\) Personal data.—The term “personal data” has the same
meaning as the term “personal information” as defined in
section 1302 of the Children's Online Privacy Protection Act
\(15 U.S.C. 6501\) .
\(6\) Social media platform.—
\(A\) In general.—The term “social media platform” means a
public-facing website, online service, online application, or
mobile application that—
\(i\) is directed to consumers;
\(ii\) collects personal data;
\(iii\) primarily derives revenue from advertising or the
sale of personal data; and
\(iv\) as its primary function provides a community forum for
user-generated content, including messages, videos, and audio
files among users where such content is primarily intended
for viewing, resharing, or platform-enabled distributed
social endorsement or comment.
\(B\) Limitation.—The term “social media platform” does
not include a platform that, as its primary function for
consumers, provides or facilitates any of the following:
\(i\) The purchase and sale of commercial goods.
\(ii\) Teleconferencing or videoconferencing services that
allow reception and transmission of audio or video signals
for real-time communication, provided that the real-time
communication is initiated by using a unique link or
identifier to facilitate access.
\(iii\) Crowd-sourced reference guides such as encyclopedias
and dictionaries.
\(iv\) Cloud storage, file sharing, or file collaboration
services, including such services that allow collaborative
editing by invited users.
\(v\) The playing or creation of video games.
\(vi\) Content that consists primarily of news, sports,
sports coverage, entertainment, or other information or
content that is not user-generated but is preselected by the
platform and for which any chat, comment, or interactive
functionality is incidental, directly related to, or
dependent on the provision of the content provided by the
platform.
\(vii\) Business, product, or travel information including
user reviews or rankings of such businesses, products, or
other travel information.
\(viii\) Educational information, experiences, training, or
instruction provided to build knowledge, skills, or a craft,
district-sanctioned or school-sanctioned learning management
systems and school information systems for the purposes of
schools conveying content related to the education of
students, or services or services on behalf of or in support
of an elementary school or secondary school, as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 \(20 U.S.C. 7801\).
\(ix\) An email service.
\(x\) A wireless messaging service, including such a service
provided through short message service or multimedia
messaging protocols, that is not a component of, or linked
to, a social media platform and where the predominant or
exclusive function of the messaging service is direct
messaging consisting of the transmission of text, photos, or
videos that are sent by electronic means, where messages are
transmitted from the sender to the recipient and are not
posted publicly or within a social media platform.
\(xi\) A broadband internet access service \(as such term is
defined for purposes of section 8.1\(b\) of title 47, Code of
Federal Regulations, or any successor regulation\).
\(xii\) A virtual private network or similar service that
exists solely to route internet traffic between locations.
\(7\) Teen.—The term “teen” means an individual over the
age of 12 and under the age of 17.
\(8\) User.—The term “user” means, with respect to a
social media platform, an individual who registers an account
or creates a profile on the social media platform.
SEC. 1703. NO CHILDREN UNDER 13.
\(a\) No Accounts for Children Under 13.—A social media
platform shall not permit an individual to create or maintain
an account or profile if it knows that the individual is a
child.
\(b\) Termination of Existing Accounts Belonging to
Children.—A social media platform shall terminate any
existing account or profile of a user who the social media
platform knows is a child.
\(c\) Deletion of Children's Personal Data.—
\(1\) In general.—Subject to paragraph \(2\), upon termination
of an existing account or profile of a user pursuant to
subsection \(b\), a social media platform shall immediately
delete all personal data collected from the user or submitted
by the user to the social media platform.
\(2\) Children's access to personal data.—To the extent
technically feasible and not in violation of any licensing
agreement, a social media platform shall allow the user of an
existing account or profile that the social media platform
has terminated under subsection \(b\), from the date such
termination occurs to the date that is 90 days after such
date, to request, and shall provide to such user upon such
request, a copy of the personal data collected from the user
or submitted by the user to the social media platform both—
\(A\) in a manner that is readable and which a reasonable
person can understand; and
\(B\) in a portable, structured, and machine-readable format.
\(d\) Rule of Construction.—Nothing in subsection \(c\) shall
be construed to prohibit a social media platform from
retaining a record of the termination of an account or
profile and the minimum information necessary for the
purposes of ensuring compliance with this section.
SEC. 1704. PROHIBITION ON THE USE OF PERSONALIZED
RECOMMENDATION SYSTEMS ON CHILDREN OR TEENS.
\(a\) In General.—
\(1\) Prohibition on use of personalized recommendation
systems on children or teens.—Except as provided in
paragraph \(2\), a social media platform shall not use the
personal data of a user or visitor in a personalized
recommendation system to display content if the platform
knows that the user or visitor is a child or teen.
\(2\) Exception.—A social media platform may use a
personalized recommendation system to display content to a
child or teen if the system only uses the following personal
data of the child or teen:
\(A\) The type of device used by the child or teen.
\(B\) The languages used by the child or teen to communicate.
\(C\) The city or town in which the child or teen is located.
\(D\) The fact that the individual is a child or teen.
\(E\) The age of the child or teen.
\(b\) Rule of Construction.—The prohibition in subsection
\(a\) shall not be construed to—
\(1\) prevent a social media platform from providing search
results to a child or teen deliberately or independently
searching for \(such as by typing a phrase into a search bar
or providing spoken input\), or specifically requesting,
content, so long as such results are not based on the
personal data of the child or teen \(except to the extent
permitted under subsection \(a\)\(2\)\);
\(2\) prevent a social media platform from taking reasonable
measures to—
\(A\) block, detect, or prevent the distribution of unlawful
or obscene material;
\(B\) block or filter spam, or protect the security of a
platform or service; or
\(C\) prevent criminal activity; or
\(3\) prohibit a social media platform from displaying user-
generated content that has been selected, followed, or
subscribed to by a teen account holder as long as the display
of the content is based on a chronological format.
SEC. 1705. DETERMINATION OF WHETHER AN OPERATOR HAS KNOWLEDGE
FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE
CIRCUMSTANCES THAT AN INDIVIDUAL IS A CHILD OR
TEEN.
\(a\) Rules of Construction.—For purposes of enforcing this
title, in making a determination as to whether a social media
platform has knowledge fairly implied on the basis of
objective circumstances that a user is a child or teen, the
Commission or the attorney general of a State, as applicable,
shall rely on competent and reliable evidence, taking into
account the totality of circumstances, including whether a
reasonable and prudent person under the circumstances would
have known that the user is a child or teen.
\(b\) Protections for Privacy.—Nothing in this title,
including a determination described in subsection \(a\), shall
be construed to require a social media platform to—
\(1\) implement an age gating or age verification
functionality; or
\(2\) affirmatively collect any personal data with respect to
the age of users that the social media platform is not
already collecting in the normal course of business.
\(c\) Restriction on Use and Retention of Personal Data.—If
a social media platform or a third party acting on behalf of
a social media platform voluntarily collects personal data
for the purpose of complying with this title, the social
media platform or a third party shall not—
\(1\) use any personal data collected specifically for a
purpose other than for sole compliance with the obligations
under this title; or
\(2\) retain any personal data collected from a user for
longer than is necessary to comply with the obligations under
this title or than is minimally necessary to demonstrate
compliance with this title.
SEC. 1706. ENFORCEMENT.
\(a\) Enforcement by Commission.—
\(1\) Unfair or deceptive acts or practices.—A violation of
this title shall be treated as a violation of a rule defining
an unfair or deceptive act or practice prescribed under
section 18\(a\)\(1\)\(B\) of the Federal Trade Commission Act \(15
U.S.C. 57a\(a\)\(1\)\(B\)\).
\(2\) Powers of commission.—
\(A\) In general.—The Commission shall enforce this title in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act \(15
U.S.C. 41 et seq.\) were incorporated into and made a part of
this title.
\(B\) Privileges and immunities.—Any person who violates
this title shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act \(15 U.S.C. 41 et seq.\).
\(3\) Authority preserved.—Nothing in this title shall be
construed to limit the authority of the Commission under any
other provision of law.
\(b\) Enforcement by States.—
\(1\) Authorization.—Subject to paragraph \(3\), in any case
in which the attorney general of a State has reason to
believe that an interest of the residents of the State has
been or is threatened or adversely affected by the engagement
of a social media platform in a practice that violates this
title, the attorney general of the State may, as parens
patriae, bring a civil action against the social media
platform on behalf of the residents of the State in an
appropriate district court of the United States to—
\(A\) enjoin that practice;
\(B\) enforce compliance with this title;
\(C\) on behalf of residents of the States, obtain damages,
restitution, or other compensation, each of which shall be
distributed in accordance with State law; or
\(D\) obtain such other relief as the court may consider to
be appropriate.
\(2\) Rights of federal trade commission.—
\(A\) Notice to federal trade commission.—
\(i\) In general.—Subject to clause \(iii\), the attorney
general of a State shall notify the Commission in writing
that the attorney general intends to bring a civil action
under paragraph \(1\) before the filing of the civil action.
\(ii\) Contents.—The notification required under clause \(i\)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
\(iii\) Exception.—Clause \(i\) shall not apply with respect
to the filing of an action by an attorney general of a State
under paragraph \(1\) if the attorney general of the State
determines that it not feasible to provide the notice
required in that clause before filing the action.
\(B\) Intervention by federal trade commission.—Upon
receiving notice under subparagraph \(A\)\(i\), the Commission
shall have the right to intervene in the action that is the
subject of the notice.
\(3\) Effect of intervention.—If the Commission intervenes
in an action under paragraph \(1\), it shall have the right—
\(A\) to be heard with respect to any matter that arises in
that action; and
\(B\) to file a petition for appeal.
\(4\) Investigatory powers.—Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to—
\(A\) conduct investigations;
\(B\) administer oaths or affirmations; or
\(C\) compel the attendance of witnesses or the production of
documentary or other evidence.
\(5\) Preemptive action by federal trade commission.—In any
case in which an action is instituted by or on behalf of the
Commission for a violation of this title, no State may,
during the pendency of that action, institute a separate
civil action under paragraph \(1\) against any defendant named
in the complaint in the action instituted by or on behalf of
the Commission for that violation.
\(6\) Venue; service of process.—
\(A\) Venue.—Any action brought under paragraph \(1\) may be
brought in—
\(i\) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
\(ii\) another court of competent jurisdiction.
\(B\) Service of process.—In an action brought under
paragraph \(1\), process may be served in any district in which
the defendant—
\(i\) is an inhabitant; or
\(ii\) may be found.
SEC. 1707. RELATIONSHIP TO OTHER LAWS.
The provisions of this title shall preempt any State law,
rule, or regulation only to the extent that such State law,
rule, or regulation conflicts with a provision of this title.
Nothing in this title shall be construed to prohibit a State
from enacting a law, rule, or regulation that provides
greater protection to children or teens than the protection
provided by the provisions of this title. Nothing in this
title shall be construed to—
\(1\) affect the application of—
\(A\) section 444 of the General Education Provisions Act \(20
U.S.C. 1232g, commonly known as the “Family Educational
Rights and Privacy Act of 1974”\) or other Federal or State
laws governing student privacy; or
\(B\) the Children's Online Privacy Protection Act of 1998
\(15 U.S.C. 6501 et seq.\) or any rule or regulation
promulgated under such Act; or
\(2\) authorize any action that would conflict with section
18\(h\) of the Federal Trade Commission Act \(15 U.S.C. 57a\(h\)\).
SEC. 1708. EFFECTIVE DATE.
This title shall take effect 1 year after the date of
enactment of this title.
SEC. 1709. SEVERABILITY.
If any provision of this title is determined to be
unenforceable or invalid, the remaining provisions of this
title shall not be affected.
TITLE XVIII—EYES ON THE BOARD ACT OF 2026
SEC. 1801. SHORT TITLE.
This title may be cited as the “Eyes on the Board Act of
2026”.
SEC. 1802. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO
INCLUDE SOCIAL MEDIA PLATFORMS.
\(a\) In General.—Section 1721 of the Children's Internet
Protection Act \(title XVII of Public Law 106-554\) is
amended—
\(1\) by redesignating subsections \(f\) through \(h\) as
subsections \(g\) through \(i\), respectively; and
\(2\) by inserting after subsection \(e\) the following:
“\(f\) Limitation on Use of School Broadband Subsidies for
Access to Social Media Platforms.—
“\(1\) Definitions.—In this subsection:
“\(A\) Commission.—The term \`Commission' means the Federal
Communications Commission.
“\(B\) Section 254\(h\).—The term \`section 254\(h\)' means
section 254\(h\) of the Communications Act of 1934 \(47 U.S.C.
254\(h\)\).
“\(C\) Social media platform.—The term \`social media
platform'—
“\(i\) means any website, online service, online
application, or mobile application that—
“\(I\) serves the public; and
“\(II\) primarily provides a forum for users to communicate
user-generated content, including messages, videos, images,
and audio files, to other online users; and
“\(ii\) does not include—
“\(I\) an internet service provider;
“\(II\) electronic mail;
“\(III\) an online service, application, or website—
“\(aa\) that consists primarily of content that is not user-
generated, but is preselected by the provider; and
“\(bb\) for which any chat, comment, or interactive
functionality is incidental to, directly related to, or
dependent on the provision of content described in item \(aa\);
“\(IV\) an online service, application, or website—
“\(aa\) that is non-commercial and primarily designed for
educational purposes; and
“\(bb\) the revenue of which is not primarily derived from
advertising or the sale of personal data;
“\(V\) a wireless messaging service, including such a
service provided through a short messaging service or
multimedia service protocols—
“\(aa\) that is not a component of, or linked to, a website,
online service, online application, or mobile application
described in clause \(i\); and
“\(bb\) the predominant or exclusive function of which is
direct messaging consisting of the transmission of text,
photos, or videos that—
“\(AA\) are sent by electronic means from the sender to a
recipient; and
“\(BB\) are not posted publicly or on a website, online
service, online application, or mobile application described
in clause \(i\);
“\(VI\) a teleconferencing or video conferencing service
that allows for the reception and transmission of audio or
video signals for real-time communication that is initiated
by using a unique link or identifier to facilitate access;
“\(VII\) a product or service that primarily functions as
business-to-business software or a cloud storage, file
sharing, or file collaboration service; or
“\(VIII\) an organization that is not organized to carry on
business for the profit of the organization or of the members
of the organization.
“\(D\) Technology protection measure.—The term \`technology
protection measure' means a specific technology that blocks
or filters access to a social media platform.
“\(2\) Requirements with respect to social media
platforms.—
“\(A\) In general.—
“\(i\) Certification required.—An elementary or secondary
school that is subject to paragraph \(5\) of section 254\(h\) may
not receive services at discount rates under section 254\(h\)
unless the school, school board, local educational agency, or
other authority with responsibility for administration of the
school—
“\(I\) submits to the Commission the certification described
in subparagraph \(B\); and
“\(II\) ensures that the use of the school's supported
services, devices, and networks is in accordance with the
certification described in subclause \(I\).
“\(ii\) Rule of construction.—Nothing in clause \(i\) may be
construed to prohibit—
“\(I\) district-sanctioned or school-sanctioned learning
management systems and school information systems used for
purposes of schools conveying content related to the
education of students; or
“\(II\) a teacher from using a social media platform for
educational instruction.
“\(B\) Certification with respect to students and social
media.—
“\(i\) In general.—A certification under this subparagraph
is a certification that the applicable school, school board,
local educational agency, or other authority with
responsibility for administration of the school—
“\(I\) is enforcing a policy of preventing students of the
school from accessing social media platforms on any supported
service, device, or network that includes—
“\(aa\) monitoring the online activities of any such
service, device, or network to determine if those students
are accessing social media platforms; and
“\(bb\) the operation of a technology protection measure
with respect to those services, devices, and networks that
protects against
access by those students to a social media platform; and
“\(II\) is enforcing the operation of the technology
protection measure described in subclause \(I\) during any use
of supported services, devices, or networks by students of
the school.
“\(ii\) Rule of construction.—Nothing in this subparagraph
may be construed to require the applicable school, school
board, local educational agency, or other authority to track
an individual website, online application, or mobile
application that a student is attempting to access \(or any
search terms used by, or the browsing history of a student\)
beyond the identity of the website or application and whether
access to the website or application is blocked by a
technology protection measure because the website or
application is a social media platform.
“\(C\) Timing of implementation.—
“\(i\) In general.—In the case of a school to which this
paragraph applies, the certification under this paragraph
shall be made—
“\(I\) with respect to the first program funding year under
section 254\(h\) after the date of enactment of the Eyes on the
Board Act of 2026, not later than 120 days after the
beginning of that program funding year; and
“\(II\) with respect to any subsequent funding year, as part
of the application process for that program funding year.
“\(ii\) Process.—
“\(I\) Schools with measures in place.—A school covered by
clause \(i\) that has in place measures meeting the
requirements necessary for certification under this paragraph
shall certify its compliance with this paragraph during each
annual program application cycle under section 254\(h\), except
that, with respect to the first program funding year after
the date of enactment of the Eyes on the Board Act of 2026,
the certification shall be made not later than 120 days after
the beginning of that first program funding year.
“\(II\) Schools without measures in place.—
“\(aa\) First 2 program years.—A school covered by clause
\(i\) that does not have in place measures meeting the
requirements for certification under this paragraph—
“\(AA\) for the first program year after the date of
enactment of the Eyes on the Board Act of 2026 in which the
school is applying for funds under section 254\(h\), shall
certify that the school is undertaking such actions,
including any necessary procurement procedures, to put in
place measures meeting the requirements for certification
under this paragraph; and
“\(BB\) for the second program year after the date of
enactment of the Eyes on the Board Act of 2026 in which the
school is applying for funds under section 254\(h\), shall
certify that the school is in compliance with this paragraph.
“\(bb\) Subsequent program years.—Any school that is unable
to certify compliance with such requirements in such second
program year shall be ineligible for services at discount
rates or funding in lieu of services at such rates under
section 254\(h\) for such second year and all subsequent
program years under section 254\(h\), until such time as such
school comes into compliance with this paragraph.
“\(III\) Waivers.—Any school subject to subclause \(II\) that
cannot come into compliance with subparagraph \(B\) in such
second program year may seek a waiver of subclause
\(II\)\(aa\)\(BB\) if State or local procurement rules or
regulations or competitive bidding requirements prevent the
making of the certification otherwise required by such
subclause. A school, school board, local educational agency,
or other authority with responsibility for administration of
the school shall notify the Commission of the applicability
of such subclause to the school. Such notice shall certify
that the school in question will be brought into compliance
before the start of the third program year after the date of
enactment of the Eyes on the Board Act of 2026 in which the
school is applying for funds under section 254\(h\).
“\(D\) Noncompliance.—
“\(i\) Failure to submit certification.—Any school that
knowingly fails to comply with the application guidelines
regarding the annual submission of a certification required
by this paragraph shall not be eligible for services at
discount rates or funding in lieu of services at such rates
under section 254\(h\).
“\(ii\) Failure to comply with certification.—Any school
that knowingly fails to ensure the use of its supported
services, devices, and networks is in accordance with a
certification under subparagraph \(B\) shall reimburse any
funds and discounts received under section 254\(h\) for the
period covered by such certification.
“\(iii\) Remedy of noncompliance.—
“\(I\) Failure to submit.—A school that has failed to
submit a certification under clause \(i\) may remedy the
failure by submitting the certification to which the failure
relates. Upon submittal of such certification, the school
shall be eligible for services at discount rates under
section 254\(h\).
“\(II\) Failure to comply.—A school that has failed to
comply with a certification as described in clause \(ii\) may
remedy the failure by ensuring that the use of its supported
services, devices, and networks is in accordance with such
certification. Upon submittal to the Commission of a
certification or other appropriate evidence of such remedy,
the school shall be eligible for services at discount rates
under section 254\(h\).
“\(E\) Rule of construction.—Nothing in this paragraph may
be construed to consider a school, school board, local
educational agency, or other authority with responsibility
for the administration of a school in violation of this
paragraph, or subject to a delay in the processing of funding
applications or requests for reimbursement, if that school,
school board, local educational agency, or other authority
makes a good faith effort to comply with this paragraph and
to correct a known violation of this paragraph within a
reasonable period of time.
“\(3\) Enforcement.—
“\(A\) In general.—The Commission shall—
“\(i\) not later than 120 days after the date of enactment
of the Eyes on the Board Act of 2026, amend the rules of the
Commission to carry out this subsection; and
“\(ii\) subject to subparagraph \(B\), enforce this
subsection, and any rules issued under this subsection, as if
this subsection and those rules were part of the
Communications Act of 1934 \(47 U.S.C. 151 et seq.\) or the
rules issued under that Act.
“\(B\) Limitations.—
“\(i\) Noncompliance despite good faith efforts.—The
Commission may not seek recovery of funding provided under
section 254\(h\), or delay the processing of a funding
application, because of the violation by a school, school
board, local educational agency, or other authority with
responsibility for administration of the school of any
requirement of this subsection, or any rule issued under this
subsection, if the school, school board, local educational
agency, or other authority with responsibility for
administration of the school made a good faith effort to
comply with that requirement and correct any known violations
of that requirement within a reasonable period of time.
“\(ii\) Noncompliance without good faith efforts.—With
respect to any violation of a requirement of this subsection,
or any rule issued under this subsection, in which a school,
school board, local educational agency, or other authority
with responsibility for administration of the school does not
make a good faith effort to comply with that requirement, or
does not correct any known violation of that requirement
within a reasonable period of time, the Commission shall seek
recovery of the funding provided to the school under section
254\(h\) for such period consistent with the remedy established
under paragraph \(2\)\(D\)\(iii\).
“\(4\) Exemption for certain libraries.—Nothing in this
subsection may be construed to require a library \(as defined
in section 213 of the Museum and Library Services Act \(20
U.S.C. 9122\)\), except a library of an elementary or secondary
school, to comply with the requirements of this subsection or
any rule issued under this subsection.”.
\(b\) Technical and Conforming Amendments.—Section 254\(h\) of
the Communications Act of 1934 \(47 U.S.C. 254\(h\)\) is
amended—
\(1\) in paragraph \(5\)\(E\)—
\(A\) in clause \(i\), in the matter preceding subclause \(I\),
by striking “1721\(h\)” and inserting “1721\(i\)”; and
\(B\) in clause \(ii\)\(I\), by striking “1721\(h\)” and
inserting “1721\(i\)”; and
\(2\) in paragraph \(6\)\(E\)—
\(A\) in clause \(i\), in the matter preceding subclause \(I\),
by striking “1721\(h\)” and inserting “1721\(i\)”; and
\(B\) in clause \(ii\)\(I\), by striking “1721\(h\)” and
inserting “1721\(i\)”.
SEC. 1803. INTERNET SAFETY POLICIES.
Section 254 of the Communications Act of 1934 \(47 U.S.C.
254\) is amended—
\(1\) in subsection \(h\)\(5\)—
\(A\) in subparagraph \(A\)\(i\)—
\(i\) in subclause \(I\), by inserting “and copies of the
Internet safety policy to which each such certification
pertains” before the semicolon at the end; and
\(ii\) in subclause \(II\)—
\(I\) by striking “Commission” and all that follows through
the end of the subclause and inserting the following:
“Commission—
“\(aa\) a certification that an Internet safety policy
described in subclause \(I\) have been adopted and implemented
for the school; and”; and
\(II\) by adding at the end the following:
“\(bb\) copies of the Internet safety policy described in
item \(aa\); and”; and
\(B\) by adding at the end the following:
“\(G\) Database of internet safety policies.—The Commission
shall establish an easily accessible, public database that
contains each Internet safety policy submitted to the
Commission under subclauses \(I\) and \(II\) of subparagraph
\(A\)\(i\).”; and
\(2\) in subsection \(l\), by striking paragraph \(3\) and
inserting the following:
“\(3\) Availability for review.—A copy of each Internet
safety policy adopted by a library under this subsection
shall be made available to the Commission, upon request of
the Commission, by the library for purposes of the review of
the Internet safety policy by the Commission.”.
SEC. 1804. SEVERABILITY.
If any provision of this title is determined to be
unenforceable or invalid, the remaining provisions of this
title shall not be affected.
SA 6267. Mr. SCHATZ \(for himself and Mr. Curtis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. . AI LABELING.
\(a\) Required Disclosures for Covered AI-generated
Content.—
\(1\) Requirements for providers of generative artificial
intelligence systems that produce covered ai-generated
content.—
\(A\) In general.—Each provider of a generative artificial
intelligence system that, using any means or facility of
interstate or foreign commerce, produces covered AI-generated
content shall do the following:
\(i\) Labeling.—The provider shall label the covered AI-
generated content with a clear and conspicuous disclosure
that—
\(I\) identifies that the output includes covered AI-
generated content;
\(II\) to the extent technically and economically feasible,
is accessible to individuals with disabilities; and
\(III\) is embedded in the content.
\(ii\) Machine-readable disclosure.—
\(I\) In general.—The provider shall bind or embed within
the covered AI-generated content a machine-readable
disclosure that, at a minimum—
\(aa\) identifies—
\(AA\) the content that is covered AI-generated content;
\(BB\) the system and the version used to create or modify
the covered AI-generated content;
\(CC\) the date and time the covered AI-generated content was
created or modified; and
\(DD\) any other relevant information; and
\(bb\) conforms to or is interoperable with the standards
specified by the Commission and the Working Group established
under subsection \(f\).
\(II\) Clarification.—The disclosure required under
subclause \(I\) shall not be required to include the
personally-identifiable information of the user of the
generative artificial intelligence system.
\(iii\) Detection.—The provider shall ensure that a user or
covered online platform can detect, without undue financial
burden, that the output generated by the provider's
generative artificial intelligence system includes covered
AI-generated content and view information required under
clause \(ii\) by—
\(I\) ensuring that the covered AI-generated content is
detectable by one or more widely available detection tools
and making available to users or covered online platforms
clear instructions on how to access and operate such tools;
or
\(II\) if no such detection tool exists, providing to users
and covered online platforms access to a tool to enable
detection of covered AI-generated content and providing clear
instructions on how to access and operate such tool.
\(iv\) Collaboration with covered online platforms.—The
provider shall collaborate with any covered online platform
to assist the covered online platform in complying with the
obligations described in paragraph \(2\) with respect to any
content created or substantially modified by the generative
artificial intelligence system of the provider.
\(B\) Exemption for internal use.—The requirements of this
paragraph shall not apply to covered AI-generated content
produced by a provider of a generative artificial
intelligence system if the covered AI-generated content—
\(i\) is generated or used solely for internal research and
development purposes; and
\(ii\) is not intended for public release or commercial
deployment.
\(2\) Covered online platforms.—Each covered online platform
shall—
\(A\) ensure that any covered AI-generated content displayed
on the platform that incorporates a machine-readable
disclosure described in paragraph \(1\)\(A\)\(ii\) is clearly and
conspicuously identified as covered AI-generated content;
\(B\) not tamper with or remove any such disclosure,
including when such covered AI-generated content is
transferred to or otherwise shared to another online
platform;
\(C\) provide to any user sharing content the option to make
content provenance information specified in paragraph
\(1\)\(A\)\(ii\)\(I\)\(aa\), as well as any additional user-specified
content provenance information, readily available to other
users of such platform;
\(D\) make a good faith effort to combat the liar's dividend
by implementing strategies recommended by the Commission; and
\(E\) to the extent technically and economically feasible,
ensure that information contained in the identification
described in subparagraph \(A\) or content provenance
information made available under subparagraph \(C\) is
accessible, including to individuals with disabilities.
\(3\) Artificial intelligence chatbot disclosure.—Each
person who, through any means or facility of interstate or
foreign commerce, makes available to users an artificial
intelligence chatbot shall include a clear and conspicuous
disclosure that identifies the system as an artificial
intelligence chatbot.
\(4\) Enforcement by the commission.—
\(A\) Unfair or deceptive acts or practices.—A violation of
this subsection shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18\(a\)\(1\)\(B\) of the Federal Trade Commission Act \(15 U.S.C.
57a\(a\)\(1\)\(B\)\).
\(B\) Powers of the commission.—
\(i\) In general.—The Commission shall enforce this
subsection in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act \(15 U.S.C. 41 et seq.\) were incorporated into
and made a part of this subsection.
\(ii\) Privileges and immunities.—Any person who violates
this subsection or a regulation promulgated thereunder shall
be subject to the penalties and entitled to the privileges
and immunities provided in the Federal Trade Commission Act
\(15 U.S.C. 41 et seq.\).
\(iii\) Authority preserved.—Nothing in this section shall
be construed to limit the authority of the Commission under
any other provision of law.
\(iv\) Regulations and guidance.—
\(I\) Authority to identify exceptions.—The Commission may
promulgate regulations in accordance with section 553 of
title 5, United States Code, to specify exceptions from the
requirements of this subsection, such as for de minimis
pieces of content.
\(II\) Establishment of specified safe harbors.—
\(aa\) In general.—The Commission may specify interoperable
standards that comply with the requirements of this
subsection.
\(bb\) Deemed compliance.—Each person who makes available a
generative artificial intelligence system or covered online
platform shall be deemed in compliance with the requirements
of this subsection by following the standards established by
the Commission under item \(aa\).
\(b\) Protection of Disclosures.—
\(1\) Prohibitions.—
\(A\) Prohibition on fraudulent disclosure.—No person shall
knowingly and with the intent or substantial likelihood of
deceiving a third party, enable, facilitate, or conceal the
circumvention or falsification of a disclosure required under
subsection \(a\), by adding a disclosure, or other information
about the provenance of covered AI-generated content, that
the person knows to be false.
\(B\) Prohibition on fraudulent distribution.—No person
shall knowingly and for financial benefit, enable,
facilitate, or conceal the circumvention or falsification of
a disclosure required under subsection \(a\) by knowingly
distributing—
\(i\) covered AI-generated content that does not include the
required disclosure; or
\(ii\) non-AI-generated content that includes such
disclosure.
\(C\) Prohibition on products and services for circumvention
or falsification.—No person shall deliberately manufacture,
import, or offer to the public a technology, product,
service, device, component, or part thereof that—
\(i\) is primarily designed or produced and promoted for the
purpose of circumventing, removing, or tampering with any
disclosure required under subsection \(a\), or for adding any
such disclosure to non-AI-generated content, with the intent
or substantial likelihood of deceiving a third party about
the provenance of a piece of digital content;
\(ii\) has only limited commercially significant or
expressive purpose or use other than to circumvent, remove,
or tamper with a disclosure required under subsection \(a\), or
to add any such disclosure to non-AI-generated content, and
is promoted for such purposes; or
\(iii\) is marketed by such person or another person acting
in concert with such person with the person's knowledge for
use in circumventing, removing, or tampering with a
disclosure required under subsection \(a\), or for use in
adding any such disclosure to non-AI-generated content, with
an intent to deceive a third party about the provenance of a
piece of digital content.
\(2\) Exemptions.—
\(A\) In general.—Nothing in paragraph \(1\) shall inhibit the
ability of any individual to access, read, or review a
disclosure or the content provenance or other information
contained therein.
\(B\) Exception for nonprofit libraries, archives, and
educational institutions.—
\(i\) In general.—Except as otherwise provided in this
paragraph, paragraph \(1\) shall not apply to a nonprofit
library, archives, or educational institution that generates,
distributes, or otherwise handles covered AI-generated
content.
\(ii\) Commercial advantage, financial gain, or tortious
conduct.—The exception described in clause \(i\) shall not
apply to a nonprofit library, archive, or educational
institution that willfully, for the purpose of commercial
advantage, financial gain, or in furtherance of tortious
conduct, violates a prohibition described in paragraph \(1\),
except that such nonprofit library, archive, or educational
institution shall—
\(I\) for the first offense, be subject to the civil remedies
described in subsection \(c\); and
\(II\) for repeated or subsequent offenses, in addition to
the civil remedies described in subsection \(c\), forfeit the
exemption provided under clause \(i\).
\(iii\) Circumventing technologies.—This subparagraph may
not be used as a defense to a claim under subparagraph \(C\) of
paragraph \(1\), nor may this subparagraph permit a nonprofit
library, archive, or educational institution to manufacture,
import, offer to the public, provide, or otherwise traffic in
any technology, product, service, component, or part thereof,
that circumvents a disclosure required under subsection \(a\).
\(iv\) Qualifications of libraries and archives.—In order
for a library or archive to
qualify for the exemption described in clause \(i\), the
collections of the library or archive shall be—
\(I\) open to the public; or
\(II\) available not only to researchers affiliated with the
library or archive or with the institution of which it is a
part, but also to other persons doing research in a
specialized field.
\(C\) Reverse engineering.—A researcher acting in good faith
may circumvent, remove, add, or tamper with a disclosure
required under subsection \(a\) for the purpose of improving or
testing the robustness of such disclosures, or for improving
or testing the robustness of detection tools.
\(D\) Law enforcement, intelligence, and other government
activities.—The prohibitions described in paragraph \(1\)
shall not prohibit the lawfully authorized investigative,
protective, information security, or intelligence activity of
an officer, agent, or employee of the United States, a State,
or a political subdivision of a State, or a person acting
pursuant to a contract with the United States, a State, or a
political subdivision of a State
\(c\) Enforcement by the Attorney General of the United
States.—
\(1\) Civil action.—The Attorney General may bring a civil
action in an appropriate district court of the United States
against any person who violates subsection \(b\)\(1\).
\(2\) Powers of the court.—In a civil action brought under
paragraph \(1\), the court—
\(A\) may grant a temporary or permanent injunction on such
terms as the court determines reasonable to prevent or
restrain a violation of subsection \(b\)\(1\), but may not impose
a prior restraint on free speech or the press protected under
the First Amendment to the Constitution of the United States;
\(B\) at any time while the civil action is pending, may
order the impounding, on such terms as the court determines
reasonable, of any device or product that is in the custody
or control of the alleged violator and that the court has
reasonable cause to believe was involved in a violation of
subsection \(b\)\(1\);
\(C\) may award damages under paragraph \(3\);
\(D\) in its discretion, may allow the recovery of costs
against any party other than the United States or an officer
thereof; and
\(E\) may, as part of a final judgment or decree finding a
violation of subsection \(b\)\(1\), order the remedial
modification or the destruction of any device or product
involved in the violation that is in the custody or control
of the violator or that has been impounded under subparagraph
\(B\) of this paragraph.
\(3\) Award of damages.—
\(A\) In general.—Except as otherwise provided in this
subsection, a person committing a violation of subsection
\(b\)\(1\) is liable for statutory damages as provided in
subparagraph \(B\) of this paragraph.
\(B\) Statutory damages.—
\(i\) Election of amount based on number of acts of
circumvention.—At any time before final judgment is entered
in a civil action brought under paragraph \(1\), the Attorney
General may elect to recover an award of statutory damages
for each violation of subsection \(b\)\(1\) in the sum of not
more than $2,500 per act of circumvention, device, product,
component, offer, or performance of service, as the court
considers just.
\(ii\) Election of amount; total amount.—At any time before
final judgment is entered in a civil action brought under
paragraph \(1\), the Attorney General may elect to recover an
award of statutory damages for each violation of subsection
\(b\)\(1\) in the sum of not more than $25,000.
\(C\) Repeated violations.—In a civil action brought under
paragraph \(1\), if the Attorney General sustains the burden of
proving, and the court finds, that a person has violated
subsection \(b\)\(1\) within 3 years after a final judgment was
entered against the person for another such violation, the
court may increase the award of damages up to triple the
amount that would otherwise be awarded, as the court
considers just.
\(D\) Innocent violations.—
\(i\) In general.—The court, in its discretion, may reduce
or remit the total award of damages under subparagraph \(B\) if
the court finds that the violator was not aware and had no
reason to believe that the violator's acts constituted a
violation.
\(ii\) Nonprofit libraries, archives, educational
institutions, and public broadcasting entities.—In the case
of a nonprofit library, archive, educational institution, or
public broadcasting entity \(as defined in section 118\(f\) of
title 17, United States Code\), the court shall remit damages
under subparagraph \(B\) if the library, archive, educational
institution, or public broadcasting entity sustains the
burden of proving, and the court finds, that the library,
archive, educational institution, or public broadcasting
entity was not aware and had no reason to believe that its
acts constituted a violation.
\(E\) Duplicative awards.—No compensatory damages may be
awarded under this subsection if compensatory damages have
been awarded under subsection \(d\) or \(e\) against the same
defendant for the same conduct.
\(d\) Enforcement by States.—
\(1\) Civil action.—If the attorney general of a State has
reason to believe that an interest of the residents of that
State has been or may be adversely affected by a violation of
subsection \(b\)\(1\), the attorney general of the State may
bring a civil action in the name of the State, or as parens
patriae on behalf of the residents of the State, in an
appropriate district court of the United States.
\(2\) Relief.—
\(A\) In general.—In a civil action brought under paragraph
\(1\), the court may award relief in accordance with subsection
\(c\)\(3\).
\(B\) Duplicative awards.—No compensatory damages may be
awarded under this subsection if compensatory damages have
been awarded under subsection \(c\) or \(e\) against the same
defendant for the same conduct.
\(3\) Rights of attorney general and commission.—
\(A\) In general.—Except as provided in subparagraph \(D\),
the attorney general of a State shall notify the Attorney
General of the United States and the Commission in writing
prior to initiating a civil action under paragraph \(1\).
\(B\) Contents.—The notification required by subparagraph
\(A\) with respect to a civil action shall include a copy of
the complaint to be filed to initiate the civil action.
\(C\) Intervention.—Upon receiving a notification under
subparagraph \(A\), the Attorney General may intervene in the
civil action in accordance with paragraph \(5\).
\(D\) Exception.—If it is not feasible for the attorney
general of a State to provide the notification required by
subparagraph \(A\) before initiating a civil action under
paragraph \(1\), the attorney general of the State shall notify
the Attorney General of the United States and the Commission
immediately upon instituting the civil action.
\(4\) Actions by attorney general.—If the Attorney General
of the United States institutes a civil action under
subsection \(c\)\(1\) for a violation of subsection \(b\)\(1\), no
attorney general of a State may, during the pendency of the
civil action, institute a civil action against any defendant
named in the complaint in the civil action instituted by the
Attorney General of the United States for a violation of
subsection \(b\)\(1\) that is alleged in the complaint.
\(5\) Intervention by attorney general.—The Attorney General
of the United States may intervene in any civil action
brought by the attorney general of a State under paragraph
\(1\) as a matter of right pursuant to the Federal Rules of
Civil Procedure, and upon intervening be heard on all matters
arising in the civil action and file petitions for appeal of
a decision in the civil action.
\(6\) Investigatory powers.—Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to—
\(A\) conduct investigations;
\(B\) administer oaths or affirmations; or
\(C\) compel the attendance of witnesses or the production of
documentary or other evidence.
\(7\) Actions by other state officials.—
\(A\) In general.—In addition to civil actions brought by an
attorney general of a State under paragraph \(1\), any other
officer of a State who is authorized by the State to do so
may bring a civil action in the same manner, subject to the
same requirements and limitations that apply under this
subsection to civil actions brought by an attorney general of
a State.
\(B\) Savings provision.—Nothing in this paragraph may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the
State for a violation of any civil or criminal law of the
State.
\(e\) Enforcement by Private Parties.—
\(1\) Civil action.—A provider of a generative artificial
intelligence system or covered online platform who is harmed
by a violation of subsection \(b\)\(1\) using that system or
platform may bring a civil action against the violator in an
appropriate district court of the United States.
\(2\) Relief.—
\(A\) In general.—In a civil action brought under paragraph
\(1\), the court may award relief in accordance with subsection
\(c\)\(3\).
\(B\) Duplicative awards.—No compensatory damages may be
awarded under this subsection if compensatory damages have
been awarded under subsection \(c\) or \(d\) against the same
defendant for the same conduct.
\(3\) Rights of attorney general and commission.—
\(A\) In general.—The provider of a generative artificial
intelligence system or covered online platform shall notify
the Attorney General and the Commission in writing prior to
initiating a civil action under paragraph \(1\).
\(B\) Contents.—The notification required by subparagraph
\(A\) with respect to a civil action shall include a copy of
the complaint to be filed to initiate the civil action.
\(C\) Intervention.—Upon receiving a notification under
subparagraph \(A\), the Attorney General may intervene in the
civil action in accordance with paragraph \(5\).
\(4\) Actions by attorney general.—If the Attorney General
institutes a civil action under subsection \(c\)\(1\) for a
violation of subsection \(b\)\(1\), no provider of a generative
artificial intelligence system or covered online platform
may, during the pendency of the civil action, institute a
civil action against any defendant named in the complaint in
the action instituted by the Attorney General for a violation
of subsection \(b\)\(1\) that is alleged in the complaint.
\(5\) Intervention by attorney general.—The Attorney General
may intervene in any civil action brought by a provider of a
generative artificial intelligence system or covered online
platform under paragraph \(1\) as a
matter of right pursuant to the Federal Rules of Civil
Procedure, and upon intervening be heard on all matters
arising in the civil action and file petitions for appeal of
a decision in the civil action.
\(f\) AI-generated Content Consumer Transparency Working
Group.—
\(1\) Establishment.—Not later than 90 days after the date
of enactment of this subsection, the Director of the National
Institute of Standards and Technology \(in this subsection
referred to as the “Director”\), in coordination with the
Commission, shall establish the AI-generated content consumer
transparency working group \(in this subsection referred to as
the “Working Group”\).
\(2\) Membership.—The Working Group shall include members
from the following:
\(A\) Relevant Federal agencies.
\(B\) Developers of any generative artificial intelligence
system.
\(C\) Private sector groups engaged in the development of
content detection and content provenance standards,
audiovisual media formats, and open-source implementation of
such standards and formats.
\(D\) Social media platforms and other covered online
platforms.
\(E\) Academic institutions and other relevant entities.
\(F\) Privacy advocates and experts.
\(G\) Media organizations, including news publishers and
image providers.
\(H\) Technical experts in digital forensics, cryptography,
content manipulation, digital disability accessibility, and
secure digital content and delivery.
\(I\) User experience designers and consumer behavior experts
or consumer psychologists.
\(J\) Groups or individuals representing victims affected by
covered AI-generated content.
\(K\) Any other entity determined appropriate by the Director
or by other relevant Federal agencies.
\(3\) Coordination and delegation of duties.—The Working
Group shall be convened by the Director, who shall delegate
leadership on particular duties, or components of such
duties, to the National Institute of Standards and Technology
and to its existing content provenance workstreams, to the
Commission, or to other relevant Federal agencies, as
appropriate.
\(4\) Duties.—The duties of the Working Group shall include
the following:
\(A\) Providing technical standards for identifying and
labeling covered AI-generated content, including by
considering existing, or developing new, standards that
assist with identifying, maintaining, interpreting, and
displaying content provenance information, and establishing
guidelines and best practices for covered online platforms to
implement such standards and the Commission to enforce the
provisions of this section.
\(B\) Considering how to ensure any labels and content
provenance information are, to the extent economically and
technically feasible—
\(i\) indelible, tamper-resistant, and tamper-evident to
improve accuracy and ease of identification; and
\(ii\) interoperable across all covered online platforms,
widely-used content-creation software applications, and other
digital ecosystem considerations that are necessary to
maintain disclosure integrity when transferring from one
online platform, software application, operating system, or
device to another.
\(C\) Providing the Commission with guidance regarding—
\(i\) the technical and economic feasibility of the
requirements of this section; and
\(ii\) the detection of covered AI-generated content,
including by determining—
\(I\) reasonable criteria for detection accuracy;
\(II\) what widely available tools, if any, meet the criteria
described in subclause \(I\); and
\(III\) any additional information that should be included
within the machine readable disclosures required by
subsection \(a\)\(1\)\(A\)\(ii\)\(I\)\(aa\)\(DD\).
\(D\) In order to inform enforcement of this section,
providing to the Commission clarifications and examples of
digital content \(which the Commission shall distribute to
covered online platforms or providers of any generative
artificial intelligence system\) that—
\(i\) is created or substantially modified by generative
artificial intelligence systems;
\(ii\) has had its meaning materially added, removed, or
altered by a generative artificial intelligence system;
\(iii\) is realistic enough such that a reasonable person
would not necessarily assume the content was created or
substantially modified by a generative artificial
intelligence system; and
\(iv\) is not considered covered AI-generated content and
would not require the disclosures required by subsection \(a\).
\(E\) Developing recommendations for content detection and
secure content provenance practices for any content that is
produced by a generative artificial intelligence system and
is not covered under the requirements of this section,
including text.
\(F\) Developing research and evidence regarding—
\(i\) the impact of covered AI-generated content and required
disclosures on consumer behavior; and
\(ii\) how standards and guidelines can contribute to an
information environment that is transparent and not
overwhelming for consumers.
\(G\) Supporting the development of guidelines and best
practices to address circumvention techniques and improve the
enforcement of the requirements of this section.
\(H\) Providing the Commission with guidelines and best
practices regarding how covered online platforms can combat
the liar's dividend, including strategies to help ensure that
non-AI-generated content is not falsely labeled as covered
AI-generated content.
\(5\) Standards.—Not later than 1 year after the date on
which the Working Group is established under paragraph \(1\),
the Working Group shall publish technical standards,
guidelines, and recommendations to implement and enforce the
provisions of this Act, taking into account the criteria
described in paragraph \(4\) and the relevant expertise of the
members of the Working Group.
\(6\) Report to congress.—Not later than 180 days after the
Working Group publishes the standards under paragraph \(5\),
the Director shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Energy and Commerce of the House of Representatives, and the
Committee on Science, Space, and Technology of the House of
Representatives a report that includes recommendations for
legislative action.
\(7\) Sunset.—The working group shall terminate 60 days
after the date on which the Director submits the report
required by paragraph \(6\) and may be reconvened periodically
at the discretion of the Director or the Commission to
consider further developments in relevant technologies and
research.
\(g\) Definitions.—In this section:
\(1\) Artificial intelligence chatbot.—The term “artificial
intelligence chatbot” means a generative artificial
intelligence system with which users can interact by or
through an interface that approximates or simulates textual,
audio, or visually-based conversation, including a system
that—
\(A\) through an application programming interface, or
similar direct connection, publicly posts digital content or
text; or
\(B\) integrates with a search engine to provide a
conversational search experience.
\(2\) Commission.—The term “Commission” means the Federal
Trade Commission.
\(3\) Content provenance.—The term “content provenance”
means—
\(A\) information about the origin of a piece of content and
the history of modifications to the content that is in a
format that is compliant with widely adopted guidelines or
specifications promulgated by an established standards-
setting body; or
\(B\) data that is embedded into digital content, or that is
included in the metadata of the digital content, for the
purpose of verifying the authenticity or history of
modification of the digital content.
\(4\) Covered ai-generated content.—The term “covered AI-
generated content” means digital content that is created or
substantially modified by a generative artificial
intelligence system such that—
\(A\) the use of the system materially alters, adds, or
removes the meaning or significance that a reasonable person
would interpret from the content; and
\(B\) a reasonable person would believe that the content is
not generated using a generative artificial intelligence
system.
\(5\) Covered online platform.—The term “covered online
platform” means any public-facing website or software
application available to users that—
\(A\) predominantly provides a forum for user-to-user sharing
or searching of content \(including covered AI-generated
content\), including a social media service, social network,
search engine, or content aggregation service available to
users; and
\(B\) either—
\(i\) at any point during the preceding 12 months, has at
least 10,000,000 unique monthly users or subscribers in the
United States; or
\(ii\) during the most recently completed taxable year, had
more than $1,500,000,000 gross revenue.
\(6\) Digital content.—The term “digital content” means an
image, video, or audio content, or any combination thereof,
that exists in the form of digital data.
\(7\) Generative artificial intelligence system.—The term
“generative artificial intelligence system” means any
system or software application that uses artificial
intelligence \(as defined in section 238\(g\) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019\) to create or substantially modify digital content.
\(8\) Liar's dividend.—The term “liar's dividend” means,
with respect to covered AI-generated content, the benefit
that a bad actor may receive or otherwise gain by falsely
claiming that non-AI-generated content is covered AI-
generated content.
\(9\) Machine-readable.—The term “machine-readable” has
the meaning given such term in section 3502 of title 44,
United States Code.
\(10\) Non-AI-generated content.—The term “non-AI-generated
content” means content that was not created or substantially
modified by a generative artificial intelligence system.
\(11\) Open-source.—The term “open-source” means, with
respect to software, a software project with source code that
is publicly available for anyone to view, modify, and
distribute.
SA 6268. Mr. SCHATZ submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XVIII, add the following:
SEC. 2873. PROHIBITION OF REPROGRAMMING OF FUNDS TO PAY FOR
DAMAGES FROM IRANIAN STRIKES WITHOUT EXPLICIT
CONGRESSIONAL APPROVAL; REPORT ON DAMAGES.
\(a\) In General.—None of the amounts authorized to be
appropriated by this Act may be reprogrammed to support
reconstruction of facilities or installations of the United
States or a partner country damaged by Iranian strikes
without the explicit authorization in an Act of Congress.
\(b\) Report Required.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
sets forth a comprehensive assessment of the damage and cost
to United States facilities and installations from Iranian
strikes during the 2026 conflict with Iran.
\(2\) Elements.—The report required by paragraph \(1\) shall
include—
\(A\) the estimated costs to rebuild the facilities and
installations described in that paragraph as the facilities
and installations were before the conflict with Iran;
\(B\) an assessment of the need to rebuild those facilities
and installations to the same specifications; and
\(C\) informed by the demonstrated capabilities of Iranian
strikes—
\(i\) an initial determination of the resilience of each such
facility and installation; and
\(ii\) a recommendation with respect to whether the facility
or installation should be rebuilt at its existing site, a new
location, or not rebuilt.
SA 6269. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1050. REPORT ON ENFORCEMENT BY CIVIL-MILITARY
COORDINATION CENTER OF ISRAEL-HAMAS CEASEFIRE.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Commander of the United States Central
Command, shall submit to Congress a report that provides an
overview and an assessment of the efforts of the Civil-
Military Coordination Center \(in this section referred to as
the “Center”\) to enforce and monitor ceasefire violations
between the Israel Defense Forces and the Islamic Resistance
Movement \(commonly known as “Hamas”\) in Gaza.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) An overview of the process the Center used to monitor
the agreed upon Israel-Hamas ceasefire that went into effect
in October 2025.
\(2\) The number of ceasefire violations the Center
registered between the Israel Defense Forces and Hamas.
\(3\) An assessment of the ability of the Center to intervene
to stop ceasefire violations, including the number of
ceasefire violations that were averted as a result of
intervention by the Center.
\(4\) An assessment of casualties associated with each
ceasefire violation, including who or what was targeted and
the resulting damage.
\(5\) An assessment of the civilian casualties in Gaza
impacted by ceasefire violations.
\(6\) An assessment of how often the demarcated “yellow
line” factored into ceasefire violations and resulting
casualties.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6270. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—District of Columbia National Guard Home Rule Act
SEC. 1095. SHORT TITLE.
This subtitle may be cited as the “District of Columbia
National Guard Home Rule Act”.
SEC. 1096. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR
OF THE DISTRICT OF COLUMBIA.
\(a\) Mayor as Commander-in-Chief.—Section 6 of the Act
entitled “An Act to provide for the organization of the
militia of the District of Columbia, and for other
purposes”, approved March 1, 1889 \(sec. 49-409, D.C.
Official Code\), is amended by striking “President of the
United States” and inserting “Mayor of the District of
Columbia”.
\(b\) Reserve Corps.—Section 72 of such Act \(sec. 49-407,
D.C. Official Code\) is amended by striking “President of the
United States” each place it appears and inserting “Mayor
of the District of Columbia”.
\(c\) Appointment of Commissioned Officers.—\(1\) Section 7\(a\)
of such Act \(sec. 49-301\(a\), D.C. Official Code\) is amended—
\(A\) by striking “President of the United States” and
inserting “Mayor of the District of Columbia”; and
\(B\) by striking “President.” and inserting “Mayor.”.
\(2\) Section 9 of such Act \(sec. 49-304, D.C. Official Code\)
is amended by striking “President” and inserting “Mayor of
the District of Columbia”.
\(3\) Section 13 of such Act \(sec. 49-305, D.C. Official
Code\) is amended by striking “President of the United
States” and inserting “Mayor of the District of Columbia”.
\(4\) Section 19 of such Act \(sec. 49-311, D.C. Official
Code\) is amended—
\(A\) in subsection \(a\), by striking “to the Secretary of
the Army” and all that follows through “which board” and
inserting “to a board of examination appointed by the
Commanding General, which”; and
\(B\) in subsection \(b\), by striking “the Secretary of the
Army” and all that follows through the period and inserting
“the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.”.
\(5\) Section 20 of such Act \(sec. 49-312, D.C. Official
Code\) is amended—
\(A\) by striking “President of the United States” each
place it appears and inserting “Mayor of the District of
Columbia”; and
\(B\) by striking “the President may retire” and inserting
“the Mayor may retire”.
\(d\) Call for Duty.—\(1\) Section 45 of such Act \(sec. 49-
103, D.C. Official Code\) is amended by striking “, or for
the United States Marshal” and all that follows through
“shall thereupon order” and inserting “to order”.
\(2\) Section 46 of such Act \(sec. 49-104, D.C. Official
Code\) is amended by striking “the President” and inserting
“the Mayor of the District of Columbia”.
\(e\) General Courts Martial.—Section 51 of such Act \(sec.
49-503, D.C. Official Code\) is amended by striking “the
President of the United States” and inserting “the Mayor of
the District of Columbia”.
SEC. 1097. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES
CODE.
\(a\) Failure To Satisfactorily Perform Prescribed
Training.—Section 10148\(b\) of title 10, United States Code,
is amended by striking “the commanding general of the
District of Columbia National Guard” and inserting “the
Mayor of the District of Columbia”.
\(b\) Appointment of Chief of National Guard Bureau.—Section
10502\(a\)\(1\) of such title is amended by striking “the
commanding general of the District of Columbia National
Guard” and inserting “the Mayor of the District of
Columbia”.
\(c\) Vice Chief of National Guard Bureau.—Section
10505\(a\)\(1\)\(A\) of such title is amended by striking “the
commanding general of the District of Columbia National
Guard” and inserting “the Mayor of the District of
Columbia”.
\(d\) Other Senior National Guard Bureau Officers.—Section
10506\(a\)\(1\) of such title is amended by striking “the
commanding general of the District of Columbia National
Guard” both places it appears and inserting “the Mayor of
the District of Columbia”.
\(e\) Consent for Active Duty or Relocation.—\(1\) Section
12301 of such title is amended—
\(A\) in subsection \(b\), by striking “commanding general of
the District of Columbia National Guard” in the second
sentence and inserting “Mayor of the District of Columbia”;
and
\(B\) in subsection \(d\), by striking the period at the end
and inserting the following: “, or, in the case of the
District of Columbia National Guard, the Mayor of the
District of Columbia.”.
\(2\) Section 12406 of such title is amended by striking
“the commanding general of the National Guard of the
District of Columbia” and inserting “the Mayor of the
District of Columbia”.
\(f\) Consent for Relocation of Units.—Section 18238 of such
title is amended by striking “the commanding general of the
National Guard of the District of Columbia” and inserting
“the Mayor of the District of Columbia”.
SEC. 1098. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES
CODE.
\(a\) Maintenance of Other Troops.—Section 109\(c\) of title
32, United States Code, is amended by striking “\(or
commanding general in the case of the District of
Columbia\)”.
\(b\) Drug Interdiction and Counter-Drug Activities.—Section
112\(h\)\(2\) of such title is amended by striking “the
Commanding General of the National Guard of the District of
Columbia” and inserting “the Mayor of the District of
Columbia”.
\(c\) Additional Assistance.—Section 113 of such title is
amended by adding at the end the following new subsection:
“\(e\) Inclusion of District of Columbia.—In this section,
the term \`State' includes the District of Columbia.”.
\(d\) Appointment of Adjutant General.—Section 314 of such
title is amended—
\(1\) by striking subsection \(b\);
\(2\) by redesignating subsections \(c\) and \(d\) as subsections
\(b\) and \(c\), respectively; and
\(3\) in subsection \(b\) \(as so redesignated\), by striking
“the commanding general of the District of Columbia National
Guard” in the first sentence and inserting “the Mayor of
the District of Columbia”.
\(e\) Relief From National Guard Duty.—Section 325 of such
title is amended—
\(1\) in subsection \(a\)\(2\)\(B\), by striking “the commanding
general of the District of Columbia National Guard” and
inserting “the Mayor of the District of Columbia”; and
\(2\) in subsection \(b\), by striking “the commanding general
of the District of Columbia National Guard” and inserting
“the Mayor of the District of Columbia”.
\(f\) Authority To Order To Perform Active Guard and Reserve
Duty.—
\(1\) Authority.—Subsection \(a\) of section 328 of such title
is amended by striking “the commanding general of the
District of Columbia National Guard” and inserting “the
Mayor of the District of Columbia”.
\(2\) Clerical amendments.—
\(A\) Section heading.—The heading of such section is
amended to read as follows:
“Sec. 328. Active Guard and Reserve duty: authority of chief
executive”.
\(B\) Table of sections.—The table of sections at the
beginning of chapter 3 of such title is amended by striking
the item relating to section 328 and inserting the following
new item:
“328. Active Guard and Reserve duty: authority of chief executive.”.
\(g\) Personnel Matters.—Section 505 of such title is
amended by striking “the commanding general of the National
Guard of the District of Columbia” in the first sentence and
inserting “the Mayor of the District of Columbia”.
\(h\) National Guard Challenge Program.—Section 509 of such
title is amended—
\(1\) in subsection \(c\)\(1\), by striking “the commanding
general of the District of Columbia National Guard, under
which the Governor or the commanding general” and inserting
“the Mayor of the District of Columbia, under which the
Governor or the Mayor”;
\(2\) in subsection \(g\)\(2\), by striking “the commanding
general of the District of Columbia National Guard” and
inserting “the Mayor of the District of Columbia”;
\(3\) in subsection \(j\), by striking “the commanding general
of the District of Columbia National Guard” and inserting
“the Mayor of the District of Columbia”; and
\(4\) in subsection \(k\), by striking “the commanding general
of the District of Columbia National Guard” in the second
sentence and inserting “the Mayor of the District of
Columbia”.
\(i\) Issuance of Supplies.—Section 702\(a\) of such title is
amended by striking “the commanding general of the National
Guard of the District of Columbia” and inserting “the Mayor
of the District of Columbia”.
\(j\) Appointment of Fiscal Officer.—Section 708\(a\) of such
title is amended by striking “the commanding general of the
National Guard of the District of Columbia” and inserting
“the Mayor of the District of Columbia”.
SEC. 1099. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA
HOME RULE ACT.
Section 602\(b\) of the District of Columbia Home Rule Act
\(sec. 1-206.02\(b\), D.C. Official Code\) is amended by striking
“the National Guard of the District of Columbia,”.
SA 6271. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title V, add the following:
SEC. 515. REQUIREMENT OF CONSENT OF THE CHIEF EXECUTIVE
OFFICER FOR CERTAIN FULL-TIME NATIONAL GUARD
DUTY PERFORMED IN A STATE, TERRITORY, OR THE
DISTRICT OF COLUMBIA.
Subsection \(f\) of section 502 of title 32, United States
Code, is amended—
\(1\) in paragraph \(1\), by striking “Under” and inserting
“Subject to paragraph \(2\) and under”; and
\(2\) in paragraph \(2\), by amending subparagraph \(A\) to read
as follows:
“\(A\) Support of operations or missions undertaken by the
member's unit at the request of the President or Secretary of
Defense, with the consent of—
“\(i\) the chief executive officer of each State \(as that
term is defined in section 901 of this title\) in which such
operations or missions shall take place; and
“\(ii\) if such operations or missions shall take place in
the District of Columbia, the Mayor of the District of
Columbia.”.
SA 6272. Mr. VAN HOLLEN \(for himself, Mr. McConnell, and Mr. Merkley\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Bringing Real Accountability Via Enforcement in Burma Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Bringing Real
Accountability Via Enforcement in Burma Act” or the “BRAVE
Burma Act”.
SEC. 1282. EXTENSION OF SUNSET.
Section 5574\(a\) of the Burma Unified through Rigorous
Military Accountability Act of 2022 \(subtitle E of title LV
of division E of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023; 22 U.S.C. 10225\) is
amended by striking “8 years” and inserting “10 years”.
SEC. 1283. MODIFICATIONS TO REPORTING REQUIREMENT.
Section 5571\(e\) of the Burma Unified through Rigorous
Military Accountability Act of 2022 \(22 U.S.C. 10222\(e\)\) is
amended to read as follows:
“\(e\) Assessment and Report on Sanctions With Respect to
Burmese Persons.—
“\(1\) In general.—Not later than 180 days after the date
of the enactment of the Bringing Real Accountability Via
Enforcement in Burma Act, and annually thereafter for 7
years, the President shall determine whether the following
persons meet the criteria for sanctions described under
subsection \(a\) or under Executive Order 14014 \(86 Fed. Reg.
9429; relating to blocking property with respect to the
situation in Burma\):
“\(A\) Any Burmese state-owned enterprise described in
subsection \(c\)\(2\).
“\(B\) Myanma Economic Bank.
“\(C\) Any foreign person that the President determines
operates in the jet fuel sector of the Burmese economy,
including through activities such as the provision of
financial services or the importation, exportation,
reexportation, sale, supply, trade, storage, or transport,
directly or indirectly, of jet fuel in Burma.
“\(2\) Report required.—Upon making the determination
required by paragraph \(1\), the President shall submit to the
appropriate congressional committees a report on the
assessment.
“\(3\) Form of report.—The report required by paragraph \(2\)
shall be submitted in unclassified form but may include a
classified annex.”.
SEC. 1284. LIMITATION OF SHAREHOLDING BENEFITTING THE STATE
SECURITY AND PEACE COMMISSION.
\(a\) In General.—The Secretary of the Treasury shall
instruct the United States Executive Director at the
International Monetary Fund to use the voice and vote of the
United States, when assessing potential changes to any
shareholding formula in connection with a governance review
of the Fund, to limit, as appropriate, an increase to the
shareholding of Burma if the country is subject to the rule
of the State Security and Peace Commission or any successor
governing authority.
\(b\) Waiver.—The President of the United States may waive
the application of subsection \(a\) upon certifying to the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the waiver is important to the national interest
of the United States, with a detailed explanation of the
reasons therefor.
SEC. 1285. UNITED STATES SPECIAL ENVOY FOR BURMA.
\(a\) In General.—The Secretary of State shall appoint a
Special Envoy for Burma, who shall—
\(1\) have the rank and status of ambassador; and
\(2\) be responsible for coordinating all aspects of United
States policy with respect to Burma.
\(b\) Qualifications.—The Secretary—
\(1\) shall appoint the Special Envoy from among recognized
experts in matters relating to Burma; and
\(2\) may appoint a Foreign Service Officer as the Special
Envoy.
\(c\) Central Objective.—The Special Envoy should develop a
comprehensive strategy for the implementation of the full
range of United States diplomatic capabilities to promote the
restoration of peace and a civilian-led democratic government
in Burma.
\(d\) Duties and Responsibilities.—The Special Envoy shall
also—
\(1\) coordinate the sanctions policies of the United States
under the Burma Unified through Rigorous Military
Accountability Act of 2022 \(22 U.S.C. 10201 et seq.\) and
other relevant statutory authorities across relevant Federal
departments and agencies;
\(2\) develop and implement a comprehensive international
effort to impose and enforce multilateral sanctions with
respect to Burma;
\(3\) lead interagency United States Government efforts,
including efforts of the Chief of Mission in Burma, the
Ambassador to ASEAN, the Ambassador to Bangladesh, the
Ambassador to India, and the United States Permanent
Representative to the United Nations, relating to—
\(A\) identifying opportunities to coordinate with and exert
pressure on the governments of the People's Republic of China
and the
Russian Federation to cease or curtail support for the
Burmese military;
\(B\) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and targeted
sanctions on the economic interests of the Burmese military,
including through the introduction and adoption of a United
Nations Security Council resolution;
\(C\) engaging Burmese civil society, democracy advocates,
ethnic nationality representative groups, and organizations
or groups representing the resistance and revolutionary
movement, as well as officials elected in 2020 such as the
Committee Representing the Pyidaungsu Hluttaw, the National
Unity Government, the National Unity Consultative Council,
the Ethnic Resistance Revolutionary Organizations, and their
designated representatives;
\(D\) encouraging the United Nations Independent
Investigative Mechanism for Myanmar to incorporate
accountability mechanisms in relation to the atrocities
against Rohingya and other ethnic groups, to take further
steps to make its leadership and membership ethnically
diverse, and to incorporate measures to enhance ethnic
reconciliation and national unity into its policy agenda;
\(E\) assisting efforts by the relevant United Nations
Special Procedures to secure the release of all political
prisoners in Burma, promote respect for human rights, seek
accountability, and encourage dialogue;
\(F\) working with the governments of India, Bangladesh, and
other countries as appropriate to address challenges in
Western Burma, including issues related to atrocity crimes,
refugees and displaced persons, cross-border humanitarian
assistance and trade, trafficking in persons, illicit
trafficking of narcotics and weapons, or other transnational
threats to regional peace and security; and
\(G\) supporting nongovernmental organizations operating in
Burma and neighboring countries working to restore civilian
democratic rule to Burma, address the urgent humanitarian
needs of the people of Burma, and build resilience against
malign foreign influence in support of the military regime;
\(4\) support protection, humanitarian assistance, and
accountability efforts for ethnic minorities in Burma and the
surrounding region;
\(5\) coordinate all streams of United States assistance to
the people of Burma until such time as the United States
normalizes diplomatic relations with Burma;
\(6\) provide timely input for reporting on the impacts of
the implementation of the Burma Unified through Rigorous
Military Accountability Act of 2022 on the Burmese military
and the people of Burma; and
\(7\) report to and coordinate with Congress.
SA 6273. Mr. VAN HOLLEN \(for himself and Mr. Curtis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Taiwan Allies Fund Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Taiwan Allies Fund
Act”.
SEC. 1282. FINDINGS.
Congress makes the following findings:
\(1\) Taiwan is a free and prosperous democracy of more than
23,000,000 people and an important contributor to peace and
stability around the world.
\(2\) The People's Republic of China \(PRC\) has engaged in a
years-long campaign to diplomatically isolate Taiwan on the
world stage.
\(3\) Since 2013, the Gambia, Sao Tome and Principe, Panama,
the Dominican Republic, Burkina Faso, El Salvador, the
Solomon Islands, Kiribati, Nicaragua, Honduras, and, most
recently in 2024, Nauru have severed diplomatic relations
with Taiwan in favor of diplomatic relations with the
People's Republic of China.
\(4\) The People's Republic of China has used economic and
diplomatic intimidation against countries pursuing unofficial
relations with Taiwan, including Lithuania, Czechia, and the
United States.
\(5\) The Taiwan Relations Act of 1979 \(Public Law 96-8\)
states that it is the policy of the United States “to
maintain the capacity of the United States to resist any
resort to force or other forms of coercion that would
jeopardize the security, or the social or economic system, of
the people on Taiwan”.
\(6\) The Taiwan Allies International Protection and
Enhancement Initiative \(TAIPEI\) Act of 2019 \(Public Law 116-
135\) states that the United States Government should—
\(A\) “support Taiwan in strengthening its official
diplomatic relationships as well as other partnerships with
countries in the Indo-Pacific region and around the world”;
and
\(B\) “consider, in certain cases as appropriate and in
alignment with United States interests, increasing its
economic, security, and diplomatic engagement with nations
that have demonstrably strengthened, enhanced, or upgraded
relations with Taiwan”.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that the United States
Government should—
\(1\) advocate, as appropriate, for Taiwan's engagement on
the global stage, including at international organizations;
\(2\) promote the preservation and expansion of Taiwan's
official diplomatic relations with countries around the
world;
\(3\) expand Taiwan's unofficial relations with countries
around the world;
\(4\) encourage countries with unofficial relations with
Taiwan to deepen their engagement; and
\(5\) advance the economic development of countries that
support Taiwan.
SEC. 1284. TAIWAN ALLIES FUND.
\(a\) Authorization of Appropriations.—Of the amounts made
available under the Countering People's Republic of China
Influence Fund for each of fiscal years 2026, 2027, and 2028,
there is authorized to be appropriated $10,000,000 for each
such fiscal year to support Taiwan's international space.
\(b\) Eligible Countries.—Amounts available pursuant to the
authorization of appropriations under subsection \(a\) may be
used in countries that—
\(1\) maintain official relations with Taiwan or the
Secretary of State certifies to Congress have meaningfully
strengthened unofficial relations with Taiwan;
\(2\) have been subject to coercion or pressure by the
People's Republic of China due to their relations with
Taiwan; and
\(3\) lack the economic or political capability to
effectively respond to such coercion or pressure by the
People's Republic of China without the support of the United
States.
\(c\) Use of Funds.—Amounts available pursuant to the
authorization of appropriations under subsection \(a\) may be
used to support any of the following activities in the
countries described in subsection \(b\) if such activities have
a direct linkage to the goal of supporting Taiwan's
international engagement, are aligned with clear and
justifiable United States counter-PRC strategic imperatives
that guide all programs funded by the Counter PRC Influence
Fund, and support United States national interests :
\(1\) To support initiatives that provide alternatives to the
People's Republic of China health, digital, and energy
initiatives.
\(2\) To build the capacity and resilience of civil society,
media, and other nongovernmental organizations in countering
the malign influence of the People's Republic of China.
\(3\) To diversify supply chains away from the People's
Republic of China, particularly to mitigate vulnerabilities
to PRC economic coercion.
\(4\) To provide alternatives to People's Republic of China
development assistance and project financing and to expose
the People's Republic of China's failure to deliver on
development promises or other negative aspects of PRC
development assistance.
\(5\) To support Taiwan's official or unofficial diplomatic
presence abroad or advance Taiwan's meaningful participation
in international fora and multilateral organizations.
\(6\) To provide United States or allied alternatives to
People's Republic of China information and communications
technology infrastructure and components, in coordination
with the private sector, as appropriate.
\(7\) To strengthen the capacity of partner countries to
address and reduce the impacts of foreign malign influence
operations, propaganda, and other asymmetric informational
activities originating from the People's Republic of China.
\(8\) To mitigate a country's specific vulnerabilities to the
People's Republic of China's coercion over the country's
relationship with Taiwan.
\(d\) Limitation on Funds.—A country described in subsection
\(b\) may not receive more than $5,000,000 of funds made
available pursuant to the authorization of appropriations
under subsection \(a\) during any fiscal year.
\(e\) Implementation.—
\(1\) In general.—The Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall
coordinate and carry out activities described in subsection
\(c\).
\(2\) Authorities.—Amounts available pursuant to the
authorization of appropriations under subsection \(a\) may be
considered foreign assistance under the Foreign Assistance
Act of 1961 \(22 U.S.C. 2151 et seq.\) for purposes of making
available the administrative authorities in that Act and may
be transferred to, and merged with, funds made available for
any provision of the Foreign Assistance Act of 1961 to carry
out the purposes of this section, except that such funds
shall remain available until expended.
\(3\) Coordination with taiwan.—In order to maximize cost
efficiency and eliminate duplication, the Secretary of State
should ensure coordination with relevant counterparts in
Taiwan, as appropriate.
\(4\) Cost-sharing with taiwan.—The Secretary of State
shall, to the maximum extent practicable, encourage cost-
sharing arrangements with Taiwan for the assistance described
in subsection \(b\) or otherwise complementary assistance.
\(5\) Report.—
\(A\) In general.—Not later than 1 year after the date of
the enactment of this section, and annually thereafter for
two years, the Secretary of State shall submit to the
appropriate congressional committees a report on activities
described in this section that were carried out during the
preceding fiscal year.
\(B\) Elements.—Each report required by subparagraph \(A\)
shall include—
\(i\) with respect to each activity described in subsection
\(c\)—
\(I\) the amount of funding for the activity;
\(II\) the goal to which the activity relates; and
\(III\) an assessment of the success of the activity to meet
the goal to which the activity relates; and
\(ii\) with respect to this subsection—
\(I\) the amount of funding for the activity provided by
Taiwan during the preceding year, if any; and
\(II\) an assessment of whether the funding described in
subclause \(I\) is commensurate with funding provided by the
United States.
\(f\) Rule of Construction.—Nothing in this section may be
construed to apply to or limit United States foreign
assistance not provided using amounts available pursuant to
the authorization of appropriations under subsection \(a\).
\(g\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
SA 6274. Ms. BALDWIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the following:
SEC. 850. ENHANCED DOMESTIC MANUFACTURE CONTENT REQUIREMENTS
FOR MAJOR SHIPBUILDING PROGRAMS.
Section 835\(b\) of the National Defense Authorization Act
for Fiscal Year 2024 \(Public Law 118-31; 10 U.S.C. 4201 note
prec.\) is amended—
\(1\) in paragraph \(4\)\(B\), by striking “shall not” and
inserting “except as provided in paragraph \(5\), shall not”;
and
\(2\) by adding at the end the following new paragraph:
“\(5\) Exclusion for shipbuilding programs.—Paragraph
\(4\)\(B\) shall not apply to manufactured articles procured in
connection with a ship building program.”.
SA 6275. Ms. ALSOBROOKS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . MODERNIZATION OF RESILIENT SATELLITE COMMUNICATIONS
GATEWAY ARCHITECTURE.
\(a\) Program Required.—The Secretary of the Army shall,
acting through the Combat Capabilities Development Command
C5ISR Center, carry out a program to develop, demonstrate,
and transition to operational use of a resilient, virtualized
satellite communications gateway capability. In carrying out
the program, the Secretary shall—
\(1\) demonstrate cloud-hosted satellite communications
gateway operations capable of restoring service to deployed
forces within hours of the loss or degradation of a fixed
gateway;
\(2\) develop a deployable, government-owned gateway
appliance providing equivalent virtualized capability for
disconnected, classified, or contested environments in which
commercial cloud connectivity is not available;
\(3\) demonstrate the carriage of live operational traffic at
a regional hub node, including seamless handover between the
virtualized capability and legacy gateway infrastructure;
\(4\) ensure that the resulting capability operates
alongside, and does not require the wholesale replacement of,
existing gateway equipment; and
\(5\) develop and demonstrate a deployable satellite
communications teleport solution that uses digital
intermediate frequency in combination with cloud-hosted
satellite communications services to replace reliance on
expensive, difficult-to-replace large-aperture antennas with
a distributed architecture of multiple smaller antennas, each
not greater than five meters in diameter, capable of being
rapidly deployed, reconfigured, and restored following loss
or degradation of a fixed teleport site.
\(b\) Milestone.—The Secretary of the Army shall structure
the program required by subsection \(a\) to achieve a
demonstrated operational capability carrying live Department
of Defense traffic not later than September 30, 2027.
\(c\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Army shall submit
to the congressional defense committees a report on the plan
of the Secretary to carry out the program required by
subsection \(b\), including a description of milestones,
anticipated transition partners, and the resources required
within amounts authorized to be appropriated by this Act.
\(d\) Funding.—The Secretary shall carry out the program
required under subsection \(b\) using amounts authorized to be
appropriated for the Network C3I Advanced Technology Program.
SA 6276. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. WAR POWERS RESOLUTION AMENDMENTS.
\(a\) Meaning of Introduction of United States Armed Forces
Into Hostilities for Purposes of the War Powers Resolution.—
Section 4 of the War Powers Resolution \(50 U.S.C. 1543\) is
amended by adding at the end the following new subsection:
“\(d\) Rule of Construction Regarding Introduction Into
Hostilities.—For purposes of subsection \(a\), the phrase
\`United States Armed Forces are introduced into hostilities'
shall be construed to include any use of lethal or
potentially lethal force by or against United States Armed
Forces, whether or not constituting self-defense measures by
the United States Armed Forces, and irrespective of the
domain, whether such force is deployed by or against United
States Armed Forces using remotely launched, piloted, or
directed attacks, or the intermittency thereof.”.
\(b\) Modification of Timelines Applicable to Removal of
United States Armed Forces for Purposes of the War Powers
Resolution.—Section 5\(b\) of the War Powers Resolution \(50
U.S.C. 1544\(b\)\) is amended—
\(1\) by striking “Within sixty calendar days” and
inserting “Within ten calendar days”;
\(2\) by striking “extended by law such sixty-day period”
and inserting “extended by law such ten-day period”; and
\(3\) by striking “Such sixty-day period shall be extended
for not more than an additional thirty days” and inserting
“Such ten-day period shall be extended for not more than an
additional ten days”.
\(c\) Modification of Reporting Requirement To Include Legal
Justification.—Section 4\(a\) of the War Powers Act \(50 U.S.C.
1543\(a\)\) is amended—
\(1\) in subparagraph \(B\), by striking “; and” and
inserting a semicolon;
\(2\) in subparagraph \(C\), by striking the period at the end
and inserting “; and”; and
\(3\) by adding at the end the following new subparagraph:
“\(D\) any legal opinion, memorandum, or analysis provided
to any other office or agency, or person in any other office
or agency, in the Executive Branch, including any office in
the Department of Justice, the National Security Council, the
White House, or the Executive Office of the President,
relating to the introduction of United States Armed
Forces.”.
SA 6277. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION OF TIMELINES APPLICABLE TO REMOVAL OF
UNITED STATES ARMED FORCES FOR PURPOSES OF THE
WAR POWERS RESOLUTION.
Section 5\(b\) of the War Powers Resolution \(50 U.S.C.
1544\(b\)\) is amended—
\(1\) by striking “Within sixty calendar days” and
inserting “Within ten calendar days”;
\(2\) by striking “extended by law such sixty-day period”
and inserting “extended by law such ten-day period”; and
\(3\) by striking “Such sixty-day period shall be extended
for not more than an additional thirty days” and inserting
“Such ten-day period shall be extended for not more than an
additional ten days”.
SA 6278. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION OF WAR POWERS RESOLUTION REPORTING
REQUIREMENT TO INCLUDE LEGAL JUSTIFICATION.
Section 4\(a\) of the War Powers Act \(50 U.S.C. 1543\(a\)\) is
amended—
\(1\) in subparagraph \(B\), by striking “; and” and
inserting a semicolon;
\(2\) in subparagraph \(C\), by striking the period at the end
and inserting “; and”; and
\(3\) by adding at the end the following new subparagraph:
“\(D\) any legal opinion, memorandum, or analysis provided
to any other office or agency, or person in any other office
or agency, in the Executive Branch, including any office in
the Department of Justice, the National Security Council, the
White House, or the Executive Office of the President,
relating to the introduction of United States Armed
Forces.”.
SA 6279. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, insert the following:
SEC. 1094. APPOINTMENT OF HIGHLY QUALIFIED EXPERTS TO BUREAU
OF INDUSTRY AND SECURITY.
\(a\) In General.—The Under Secretary of Commerce for
Industry and Security, in order to attract to the Bureau of
Industry and Security highly qualified experts in needed
occupations \(as determined by the Under Secretary\), may—
\(1\) conduct an annual study to identify specific gaps in
expertise at the Bureau that have been difficult to fill
through the civil service and constrain the Bureau's ability
to effectively fulfil the Bureau's mandate;
\(2\) notwithstanding any provision of section 3304 or
sections 3309 through 3318 of title 5, United States Code,
appoint personnel from outside the civil service \(as defined
in section 2101 of title 5, United States Code\) that have the
expertise identified pursuant to paragraph \(1\), including
individuals with previous experience in the intelligence
community \(as defined in section 3 of the National Security
Act of 1947 \(50 U.S.C. 3003\)\), to positions in the Bureau;
and
\(3\) prescribe the rates of basic pay for positions to which
employees are appointed under paragraph \(2\) at rates not in
excess of the maximum rate of basic pay authorized for
senior-level positions under section 5376 of title 5, United
States Code, as increased by locality-based comparability
payments under section 5304 of that title, notwithstanding
any provision of that title governing the rates of pay or
classification of employees in the executive branch.
\(b\) Limitation on Term of Appointment.—
\(1\) In general.—Except as provided in paragraph \(2\), the
service of an employee under an appointment made pursuant to
subsection \(a\) may not exceed 5 years.
\(2\) Extensions.—The Under Secretary may, in the case of a
particular employee, extend the period to which service is
limited under paragraph \(1\) by not more than one additional
year if the Under Secretary determines that such action is
necessary to promote the national security or foreign policy
of the United States.
\(c\) Limitation on Total Annual Compensation.—
Notwithstanding any other provision of this section or of
section 5307 of title 5, United States Code, no additional
payments may be paid to an employee appointed under
subsection \(a\) in any calendar year if, or to the extent
that, the total annual compensation of the employee will
exceed the maximum amount of total annual compensation
payable to the Vice President under section 104 of title 3,
United States Code.
\(d\) Limitation on Number of Employees.—The number of
employees appointed and retained by the Under Secretary under
subsection \(a\) shall not exceed 25 at any time.
\(e\) Report Required.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the Under
Secretary shall submit to the committees specified in
paragraph \(2\) a report that includes—
\(A\) a list of areas in which the Under Secretary has
identified specific gaps in expertise pursuant to subsection
\(a\)\(1\);
\(B\) a description of the steps taken by the Under Secretary
to appoint personnel with expertise in such areas from within
the civil service during the period specified in paragraph
\(3\);
\(C\) the number of individuals appointed to the Bureau of
Industry and Security under the authority provided by this
section during the period specified in paragraph \(3\);
\(D\) a description of the qualifications of such individuals
and their responsibilities during that period; and
\(E\) a description of the impact of such individuals on
carrying out the mission of the Bureau of Industry and
Security.
\(2\) Committees specified.—The committees specified in this
paragraph are—
\(A\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(B\) the Committee on Oversight and Government Reform of the
House of Representatives; and
\(C\) the Committee on Foreign Affairs of the House of
Representatives.
\(3\) Period specified.—The period specified in this
paragraph is—
\(A\) in the case of the first report required by paragraph
\(1\), the 180-day period preceding submission of the report;
and
\(B\) in the case of any subsequent report required by
paragraph \(1\), the one-year period preceding submission of
the report.
\(f\) Rule of Construction.—Nothing in this section shall be
construed to waive any requirement regarding—
\(1\) background investigations or qualifications of
applicants to positions with the Bureau of Industry and
Security; or
\(2\) compliance with applicable Federal ethics and conflict-
of-interest laws.
\(g\) Termination.—
\(1\) In general.—The authority provided by this section
shall cease to be effective on the date that is 5 years after
the date of the enactment of this section.
\(2\) Savings provisions.—In the case of an employee who, on
the day before the termination date under paragraph \(1\), is
serving in a position pursuant to an appointment under
subsection \(a\)—
\(A\) the termination of the authority does not terminate the
employee's employment in that position before the expiration
of the lesser of—
\(i\) the period for which the employee was appointed; or
\(ii\) the period to which the employee's service is limited
under subsection \(b\), including any extension made under
paragraph \(2\) of that subsection before the termination of
the authority; and
\(B\) the rate of basic pay prescribed for the position may
not be reduced as long as the employee continues to serve in
the position without a break in service.
SA 6280. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
\(a\) Lease Authority.—
\(1\) In general.—The Administrator of the National
Aeronautics and Space Administration may, without regard to
section 1302 of title 40, United States Code, or section
20145 of title 51, United States Code, and on such terms as
the Administrator determines appropriate, lease, for a term
not to exceed 99 years, real property located at the Glenn
Research Center in Ohio to the Ohio Aerospace Institute for
the purpose of the operation or construction on that property
of facilities of the Ohio Aerospace Institute the purposes of
which include—
\(A\) conduct of aeronautical and space research;
\(B\) education and training of aeronautical and space
engineers;
\(C\) protection of national security; and
\(D\) transfer of aeronautical and space technology between
the United States public and private sectors.
\(2\) Renewal.—A lease entered into under paragraph \(1\)
shall be renewable for additional periods in the discretion
of the Administrator.
\(b\) Additional Agreements.—Subject to the availability of
appropriations, the Administrator may enter into agreements,
on such terms as the Administrator determines appropriate,
with the Ohio Aerospace Institute pursuant to which the
Administration may directly—
\(1\) lease any owned or operated facilities of the Ohio
Aerospace Institute;
\(2\) provide administrative, maintenance, instructional,
infrastructure, or other appropriate support, with or without
reimbursement, to the Ohio Aerospace Institute; and
\(3\) procure services from the Ohio Aerospace Institute the
purposes of which include—
\(A\) conduct of aeronautical and space research;
\(B\) education and training of aeronautical and space
engineers;
\(C\) protection of national security; and
\(D\) transfer of aeronautical and space technology between
the United States public and private sectors.
\(c\) Redelegation Authority.—The Administrator may
redelegate the authority under subsections \(a\) and \(b\) to
such subordinate officers and employees of the National
Aeronautics and Space Administration as the Administrator may
designate.
\(d\) References.—All references to the Ohio Aerospace
Institute in subsections \(a\) and \(b\) include the successors
and assigns of the Ohio Aerospace Institute.
SA 6281. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,
### and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
Section 216 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1989 \(Public
Law 100-685; 102 Stat. 4094\) is amended—
\(1\) in subsection \(a\), in the first sentence—
\(A\) by striking “section 321 of the Act of June 30,1932
\(40 U.S.C. 303b\)” and inserting “section 1302 of title 40,
United States Code, or section 20145 of title 51, United
States Code”;
\(B\) by striking “the Lewis Research Center” and all that
follows through “for the purpose” and inserting “the Glenn
Research Center in Ohio to the Ohio Aerospace Institute for
the purpose”;
\(C\) by striking “an Institute” and inserting “the Ohio
Aerospace Institute”; and
\(D\) by inserting “protection of national security,” after
“space engineers,”;
\(2\) in subsection \(b\)—
\(A\) by inserting “directly contract for services for
aeronautical and space research, the education and training
of aeronautical and space engineers, the protection of
national security, and the transfer of aeronautical and space
technology between the United States public and private
sectors and” after “Subject to the availability of
appropriations therefor, the Administrator may”;
\(B\) by striking “State of Ohio” and all that follows
through “pursuant to which” and inserting “Ohio Aerospace
Institute, pursuant to which”;
\(C\) by inserting “lease or lease back any owned or
operated facilities of the Ohio Aerospace Institute,” after
“Administration may”;
\(D\) by striking “an Institute” and inserting “the Ohio
Aerospace Institute”; and
\(E\) by inserting “protection of national security,” after
“space engineers,”; and
\(3\) by adding at the end the following:
“\(d\) All references to the Ohio Aerospace Institute in
subsections \(a\) and \(b\) include the successors and assigns of
the Ohio Aerospace Institute.”.
SA 6282. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. LEASE BY NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION OF REAL PROPERTY TO OHIO
AEROSPACE INSTITUTE.
Section 216 of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1989 \(Public
Law 100-685; 102 Stat. 4094\) is amended—
\(1\) in subsection \(a\), in the first sentence—
\(A\) by striking “section 321 of the Act of June 30,1932
\(40 U.S.C. 303b\)” and inserting “section 1302 of title 40,
United States Code, or section 20145 of title 51, United
States Code”;
\(B\) by striking “the Lewis Research Center” and all that
follows through “for the purpose” and inserting “the Glenn
Research Center in Ohio to the Ohio Aerospace Institute for
the purpose”;
\(C\) by striking “an Institute” and inserting “the Ohio
Aerospace Institute”; and
\(D\) by inserting “protection of national security,” after
“space engineers,”;
\(2\) in subsection \(b\)—
\(A\) by striking “State of Ohio” and all that follows
through “pursuant to which” and inserting “Ohio Aerospace
Institute, pursuant to which”;
\(B\) by inserting “lease any owned or operated facilities
of the Ohio Aerospace Institute,” after “Administration
may”;
\(C\) by striking “an Institute” and inserting “the Ohio
Aerospace Institute”; and
\(D\) by inserting “protection of national security,” after
“space engineers,”; and
\(3\) by adding at the end the following:
“\(d\) All references to the Ohio Aerospace Institute in
subsections \(a\) and \(b\) include the successors and assigns of
the Ohio Aerospace Institute.”.
SA 6283. Mr. McCORMICK \(for himself and Ms. Rosen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Stop Corrupt Iranian Oligarchs and Entities Act of 2026
SEC. 1099A. SHORT TITLE.
This subtitle may be cited as the “Stop Corrupt Iranian
Oligarchs and Entities Act of 2026”.
SEC. 1099B. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term “appropriate congressional
committees” means—
\(1\) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
\(2\) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 1099C. REPORT ON OLIGARCHS AND CORRUPTION IN IRAN.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Director of National Intelligence and
other relevant Federal agencies, shall submit to the
appropriate congressional committees a detailed report on
oligarchs and corruption in Iran.
\(b\) Elements.—The report required under subsection \(a\)
shall include the following elements:
\(1\) A description of senior foreign political figures and
oligarchs in Iran, including the following:
\(A\) An identification of the most significant senior
foreign political figures and oligarchs in Iran, as
determined by the closeness to the Government of Iran of each
such figure and oligarch, and the estimated net worth of each
such figure and oligarch.
\(B\) An assessment of the relationship between the
individuals identified under subparagraph \(A\) and President
Masoud Pezeshkian or other members of the Iranian ruling
elite.
\(C\) An identification of any indices of corruption with
respect to such individuals.
\(D\) Known sources of income of such individuals \(including
through their family members \(including spouses, children,
parents, and siblings\)\), which should include information on
relevant beneficial ownership.
\(E\) An identification of the non-Iranian business
affiliations of such individuals.
\(2\) A description of Iranian parastatal entities, including
an assessment of the following matters:
\(A\) The emergence of Iranian parastatal entities and their
role in the economy of Iran.
\(B\) The leadership structures and beneficial ownership of
such entities.
\(C\) An identification of the non-Iranian business
affiliations of such entities.
\(3\) Information relating to the exposure of key economic
sectors of the United States, including, at minimum, the
banking, securities, insurance, and real estate sectors, to
Iranian politically affiliated persons, Iranian parastatal
entities, and Iranian State-owned enterprises.
\(4\) Information relating to the likely effects of imposing
debt and equity restrictions on Iranian parastatal entities.
\(5\) Information relating to the potential impacts of
imposing sanctions or debt and equity restrictions in
addition to any such sanctions or restrictions in existence
as of the date of the enactment of this Act on Iranian
oligarchs, Iranian parastatal entities, or Iranian State-
owned enterprises, including impacts on such oligarchs,
entities, and enterprises and on the economy of Iran, as well
as on the economies of the United States and United States
allies.
\(c\) Form.—The report required under subsection \(a\) shall
be submitted in an unclassified form, but may contain a
classified annex.
\(d\) Definitions.—In this section:
\(1\) Iranian parastatal entities.—The term “Iranian
parastatal entities” means entities—
\(A\) in which Iranian State ownership is at least 25
percent; and
\(B\) that had revenues in 2016 of approximately
$2,000,000,000 or more.
\(2\) Senior foreign political figure.—The term “senior
foreign political figure” has the meaning given such term in
section 1010.605 of title 31, Code of Federal Regulations.
SEC. 1099D. IRAN KLEPTOCRACY INITIATIVE.
\(a\) Establishment.—The Attorney General shall establish
within the Department of Justice an “Iran Kleptocracy
Initiative” \(in this section referred to as the
“Initiative”\) to investigate, expose, disrupt, and
prosecute corruption, money laundering, and racketeering
activities by Iranian government officials and their proxies,
including those concealed through their family members, shell
companies, or third-country intermediaries.
\(b\) Responsibilities.—The Initiative shall—
\(1\) identify, trace, and catalog assets \(including real
property, financial accounts, luxury goods, and investments\)
held by or attributable to Iranian government officials and
their proxies, including those concealed through their family
members, shell companies, or third-country intermediaries;
\(2\) develop and publish unclassified findings, reports, and
public designations regarding corrupt practices within the
Iranian regime, including case studies of asset concealment
and sanctions evasion \(consistent with national security and
operational requirements\);
\(3\) coordinate with Federal, State, and international law
enforcement agencies, including through joint task forces, to
facilitate civil and criminal prosecutions, asset
recoveries, and extraditions under applicable United States
laws, including chapters 46, 95, and 96 of title 18, United
States Code, provisions of law imposing sanctions with
respect to foreign countries or foreign persons; and
\(4\) establish protocols for rewarding credible information
leading to successful investigations, asset forfeitures, or
prosecutions, in coordination with existing rewards programs.
\(c\) Interagency Coordination.—The Secretary of State shall
designate a Director of the Initiative who shall serve as the
primary point of contact for coordination with relevant
Federal agencies and the heads of appropriate Federal law
enforcement agencies. The Director shall convene regular
interagency meetings and share non-classified threat
intelligence on Iranian kleptocracy networks.
\(d\) Reporting.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Attorney
General shall submit to the appropriate congressional
committees a report on the activities of the Initiative.
\(2\) Elements.—Each report under paragraph \(1\) shall
include—
\(A\) a summary of investigations initiated, ongoing, and
concluded that are attributable to the Initiative, which
shall include the number of indictments, convictions, and
asset forfeitures attributable to such investigations;
\(B\) an accounting of assets identified, frozen, seized, or
repatriated in connection with such investigations, including
the estimated values of such assets;
\(C\) challenges encountered by the Initiative and
recommendations for legislative or administrative
improvements; and
\(D\) metrics on international cooperation with and the
public impact of the Initiative.
\(3\) Form.—Each report required under paragraph \(1\) shall
be submitted in unclassified form, but may include a
classified annex.
\(e\) Rule of Construction.—Nothing in this section shall be
construed to limit the authority of any Federal agency to
investigate or prosecute corruption or racketeering
activities under other provisions of law.
SEC. 1099E. SUNSET.
This subtitle shall cease to have force or effect on the
date that is 5 years after the date of enactment of this Act.
SA 6284. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . STUDY ON NEW TECHNOLOGIES TO RECYCLE SPENT NUCLEAR
FUEL.
\(a\) Definitions.—In this section:
\(1\) National laboratory.—The term “National Laboratory”
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 \(42 U.S.C. 15801\).
\(2\) Nuclear waste.—The term “nuclear waste” means spent
nuclear fuel and high-level radioactive waste \(as defined in
section 2 of the Nuclear Waste Policy Act of 1982 \(42 U.S.C.
10101\)\).
\(3\) Recycling.—The term “recycling” means the recovery
of valuable radionuclides, including fissile materials, from
nuclear waste, and any subsequent processes, such as
enrichment and fuel fabrication, necessary for reuse in
nuclear reactors or other commercial applications.
\(4\) Secretary.—The term “Secretary” means the Secretary
of Energy.
\(5\) Spent nuclear fuel.—The term “spent nuclear fuel”
has the meaning given the term in section 2 of the Nuclear
Waste Policy Act of 1982 \(42 U.S.C. 10101\).
\(b\) Study.—Not later than 90 days after the date of
enactment of this Act, the Secretary, acting through the
Assistant Secretary for Nuclear Energy, shall carry out a
study—
\(1\) to analyze the practicability, potential benefits,
costs, and risks, including proliferation, of using dedicated
recycling facilities to convert spent nuclear fuel, including
spent high-assay low-enriched uranium fuel, into useable
nuclear fuels, such as those for—
\(A\) commercial light water reactors;
\(B\) advanced nuclear reactors; and
\(C\) medical, space-based, advanced-battery, and other non-
reactor applications, as determined by the Secretary;
\(2\)\(A\) to analyze the practicability, potential benefits,
costs, and risks of recycling spent nuclear fuel, which is
taken from temporary storage sites throughout the United
States, and using it as fuel or input for advanced nuclear
reactors, existing reactors, or commercial applications;
\(B\) to compare such practicability, potential benefits,
costs, and risks of recycling spent nuclear fuel with the
practicability, potential benefits, costs, and risks of the
once-through fuel cycle, including temporary and permanent
storage requirements; and
\(C\) to analyze the practicability, potential benefits,
costs, and risks of aqueous \(such as PUREX and the
derivatives of PUREX\) recycling processes with the
practicability, potential benefits, costs, and risk of non-
aqueous \(such as pyro-electrochemistry\) recycling processes;
\(3\) to analyze the technical and economic feasibility of
utilizing nuclear waste processing to extract certain
isotopes needed for domestic and international use, including
medical, industrial, space-based power source, and advanced-
battery applications;
\(4\) to analyze the practicability, potential benefits,
costs, risks, and potential approaches for coupling or
collocating recycling facilities with other pertinent
facilities, such as advanced nuclear reactors \(that can use
the recycled fuel\), interim storage, and fuel-fabrication
facilities, including through—
\(A\) relevant analyses, such as capital and operating cost
estimates, public-private partnerships to encourage
investment, infrastructure requirements, timeline to full-
scale commercial deployment, and distinguishing
characteristics or requirements of such facilities;
\(B\) input from interested private technology developers and
relevant assumptions regarding cost; and
\(C\) comparison with the practicability, potential benefits,
costs, and risks of the once-through fuel cycle, including
temporary and permanent storage requirements;
\(5\) to identify parties, including individuals,
communities, businesses, and local and Tribal governments,
that are impacted economically, or through health, safety, or
environmental risks, by the current practice of indefinite
temporary storage of spent nuclear fuel, and assess potential
risks and benefits for those parties should spent nuclear
fuel be removed from their sites for the purposes of nuclear
waste recycling;
\(6\) to assess different approaches for siting and sizing
nuclear waste recycling facilities, including a centralized
national facility, regional facilities, on-site facilities
where spent nuclear fuel is currently stored, and on-site
facilities where newly recycled fuel can be used by an on-
site reactor, and recommend one or more approaches that
consider environmental, transportation, infrastructure,
capital, and other risks;
\(7\) to identify tracking and accountability methods for new
recycled fuel and radioactive waste streams for byproducts of
the recycling process;
\(8\)\(A\) to identify any regulatory gaps related to nuclear
waste management and recycling, including accuracy and
consistency of relevant definitions for radioactive waste
\(including “high-level radioactive waste”, “spent nuclear
fuel”, “low-level radioactive waste”, “reprocessing”,
“recycling”, and “vitrification”\) and classifications of
radioactive waste that exist in Federal law on the date of
enactment of this Act;
\(B\) to compare such definitions to those used by other
nations that manage radioactive waste; and
\(C\) to make recommendations for modernizing such
definitions; and
\(9\) to evaluate—
\(A\) potential Federal and State-level policy changes to
support development and deployment of recycling and waste-
utilizing reactor technologies; and
\(B\) impacts of spent nuclear fuel recycling on requirements
for domestic nuclear waste storage.
\(c\) Report.—Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Assistant Secretary for Nuclear Energy, shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Energy and Commerce of the House of
Representatives, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Natural Resources of the House of Representatives, a
report that complies with each of the following:
\(1\) Describes the results of the study carried out under
subsection \(b\).
\(2\) Is released to the public.
\(3\) Totals not more than 120 pages \(excluding Front Matter,
References, and Appendices\) written and formatted to
facilitate review by a nonspecialist readership, including
the following sections:
\(A\) A Front Matter section that includes a cover page with
identifying information, tables of contents, figures, and
tables.
\(B\) An Executive Summary section.
\(C\) An Introductory section that includes a historical
overview that also explains why recycling is not performed in
the United States today, such as economic, political, or
technological obstacles.
\(D\) Results and Findings sections that summarize the
results and findings of the study carried out under
subsection \(b\).
\(E\) A Key Remaining Challenges and Barriers section that
identifies key technical and nontechnical \(such as economic\)
challenges and barriers that need to be addressed to enable
scale-up and commercial adoption of spent nuclear fuel
recycling, with preference given to secure, proliferation
resistant, environmentally safe, and economical recycling
methods.
\(F\) A Policy Recommendations section that—
\(i\) lists policy recommendations to address remaining
technical and nontechnical \(such as economic\) challenges and
barriers to enable scale-up and commercial adoption of spent
nuclear fuel recycling, including with government support;
\(ii\) contrasts the potential benefits and risks of each
policy; and
\(iii\) compares benefits to current or past policies.
\(G\) An Other section in which other relevant information
may be added.
\(H\) A References section.
\(I\) An Appendices section.
SA 6285. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . PRIVATELY FUNDED DUAL-USE INNOVATION EXCHANGES.
\(a\) Authority.—The Secretary of Defense may leverage
existing, privately funded dual-use innovation exchange
organizations that facilitate collaboration among Department
of Defense personnel, nontraditional defense contractors,
manufacturing and infrastructure partners, and private
capital providers to accelerate the transition of
commercially developed technologies into defense
applications.
\(b\) Requirements.—In carrying out activities under this
section, the Secretary shall, to the maximum extent
practicable—
\(1\) use authorities and programs that were in effect on the
day before the date of the enactment of this Act; and
\(2\) avoid duplication of Department manufacturing,
acquisition, or industrial base activities.
SA 6286. Mr. CRUZ \(for himself and Mr. Kelly\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 134, add the following:
\(e\) Additional Protection for Air National Guard MQ-9
Aircraft Units.—
\(1\) Prohibition.—The Secretary of the Air Force may not,
during the period beginning on the date of the enactment of
this Act and ending on September 30, 2031—
\(A\) divest, deactivate, redesignate, consolidate, transfer,
place in storage, or initiate any action to retire any MQ-9
aircraft assigned to an Air National Guard unit, or otherwise
reduce the mission capability of any Air National Guard MQ-9
aircraft unit;
\(B\) reduce—
\(i\) the total primary aerospace vehicle authorization \(PAA\)
number of MQ-9 aircraft assigned to any unit of the Air
National Guard below the levels in effect on such date of
enactment; or
\(ii\) the assigned aircraft authorization of any Air
National Guard MQ-9 aircraft unit below the level in effect
on such date of enactment;
\(C\) modify the designed operational capability statement
for any Air National Guard MQ-9 aircraft unit, as in effect
on such date of enactment, in a manner that would reduce the
capabilities of such unit below the levels specified in such
statement as in effect on such date; or
\(D\) reduce, below the levels in effect on such date of the
enactment, the number of personnel assigned to units
responsible for the operation and maintenance of MQ-9
aircraft if such reduction would affect the ability of such
units to meet the capability described in subparagraph \(C\).
\(2\) Exception for individual aircraft.—The prohibition
under paragraph \(1\) shall not apply to an individual MQ-9
aircraft if the Secretary of the Air Force—
\(A\) determines, on a case-by-case basis, that the aircraft
is unsafe to operate, uneconomical to repair, or no longer
mission capable due to mishap damage, structural condition,
air worthiness, obsolescence, or other material sustainment
issue;
\(B\) assigns an Air National Guard MQ-9 aircraft unit a new
primary mission, with approval of the applicable Governor
pursuant to section 104\(c\) of title 32, United States Code,
and certifies to the congressional defense committees that
such new primary mission will maintain or enhance the
operational capability of such unit within the total force;
and
\(C\) submits to the congressional defense committees a plan
describing—
\(i\) the personnel impacts of mission conversion;
\(ii\) the projected operational capability of the new
mission, including programmed funding and required manpower;
\(iii\) the timeline for transition; and
\(iv\) any associated aircraft, systems, or infrastructure
requirements.
\(3\) Consultation requirement.—The Secretary of the Air
Force shall consult with the Chief of the National Guard
Bureau before taking any action described in paragraph \(1\).
SA 6287. Mr. SULLIVAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 815\(a\)\(2\), strike “equity securities of the
entity” and insert “equity securities that are listed on
the national security exchange of the entity”.
SA 6288. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EARLY MIGRATION ALERT PROGRAM.
\(a\) In General.—Subtitle D of title IV of the Homeland
Security Act of 2002 \(6 U.S.C. 251 et seq.\) is amended by
adding at the end the following new section:
“SEC. 448. EARLY MIGRATION ALERT PROGRAM.
“\(a\) Establishment.—There is established in the
Department a program to be known as the \`Early Migration
Alert Program' \(referred to in this section as \`EMAP'\).
“\(b\) Purposes.—The purposes of EMAP are—
“\(1\) to lead the Department's dissemination of information
relating to the movement and release of aliens into the
United States; and
“\(2\) to formalize partnerships with regional stakeholders
to integrate, analyze, and disseminate information relating
to the movement and release of aliens into the United States.
“\(c\) Information Sharing.—
“\(1\) Provision of information.—
“\(A\) In general.—Not later than 24 hours before releasing
an alien into the United States, the Secretary, in
consultation with the Secretary of Health and Human Services,
acting through the Commissioner of U.S. Customs and Border
Protection and the Director of U.S. Immigration and Customs
Enforcement, shall provide to State, local, Tribal, and
territorial government personnel in the relevant jurisdiction
information relating to the number of such aliens to be
released, the number of such aliens with known criminal
histories, the initial destinations of such aliens, and the
final destinations where such aliens intend to settle.
“\(B\) Rule of construction.—Nothing in subparagraph \(A\)
may be construed to require U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement to
detain an alien any longer than required by law.
“\(2\) Electronic mail notification service.—
“\(A\) In general.—The Secretary, acting through the
Commissioner of U.S. Customs and Border Protection and the
Director of U.S. Immigration and Customs Enforcement, shall
take such actions as are necessary to develop an electronic
mail notification system and a list of State, local, Tribal,
and territorial government personnel who may receive
information under paragraph \(1\).
“\(B\) Delivery.—Information under paragraph \(1\) may be
provided via the electronic mail notification system under
subparagraph \(A\) only if a verified official government email
address of the receiving jurisdiction is on file with EMAP.
“\(d\) Effective Date.—This section shall take effect and
apply with respect to any alien who is apprehended or
released on or after the date of the enactment of this
section.
“\(e\) Authorization of Appropriations.—There is authorized
to be appropriated $400,000 for each of fiscal years 2026 and
2027 to carry out this section.”.
\(b\) Clerical Amendment.—The table of contents in section
1\(b\) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 447 the
following new item:
“Sec. 448. Early Migration Alert Program.”.
SA 6289. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. SOCIOECONOMIC LABOR THRESHOLD FOR THE SERVICE
CONTRACT ACT.
\(a\) Socioeconomic Labor Threshold.—
\(1\) In general.—For purposes of this section, the
socioeconomic labor threshold is—
\(A\) for the period beginning on the date of enactment of
this Act and ending on October
1 following such date of enactment, the amount determined by
the Secretary of Labor under paragraph \(2\)\(A\); and
\(B\) for each 1-year period beginning on October 1 following
such date of enactment, the amount determined by the
Secretary of Labor under paragraph \(2\)\(B\).
\(2\) Inflation adjustments.—
\(A\) Initial period.—The amount determined under this
paragraph for the period described in paragraph \(1\)\(A\) shall
be $2,500 as—
\(i\) increased by the percentage increase in the Consumer
Price Index for All Urban Consumers \(all items; United States
city average\), as published by the Bureau of Labor
Statistics, comparing—
\(I\) such Consumer Price Index for October of 1965; and
\(II\) such Consumer Price Index for the most recent month as
of the date of enactment of this Act for which such Consumer
Price Index is available; and
\(ii\) \(if applicable\), rounded to the nearest multiple of
$100.
\(B\) Subsequent periods.—
\(i\) In general.—The amount determined under this
subparagraph for the applicable period described in paragraph
\(1\)\(B\) shall be the amount in effect on the date of such
determination as—
\(I\) increased \(if applicable\) from such amount by the
annual percentage increase, if any, in the Consumer Price
Index for All Urban Consumers \(all items; United States city
average\), as published by the Bureau of Labor Statistics,
from the preceding year as calculated in accordance with
clause \(ii\); and
\(II\) \(if applicable\) rounded to the nearest multiple of
$100.
\(ii\) Consumer price index.—In making the determination
under clause \(i\) and calculating the percentage increase in
the Consumer Price Index for All Urban Consumers under clause
\(i\)\(I\), the Secretary of Labor shall compare the Consumer
Price Index for All Urban Consumers \(all items; United States
city average\), as determined by the Bureau of Labor
Statistics, for June of the calendar year in which such
determination is made with the Consumer Price Index for All
Urban Consumers \(all items; United States city average\), as
determined by the Bureau of Labor Statistics, for June of the
preceding calendar year.
\(iii\) Rule of construction.—With respect to a
determination under clause \(i\) of the amount in effect under
this paragraph for an applicable period under paragraph
\(1\)\(B\), if there is not an annual percentage increase in the
Consumer Price Index for All Urban Consumers \(all items;
United States city average\) from the preceding year as
described in clause \(i\)\(I\), the amount in effect under this
paragraph for such applicable period shall be the amount in
effect under paragraph \(1\) on the date of such determination.
\(b\) Amendments to the McNamara-O'Hara Service Contract
Act.—
\(1\) Definition.—Section 6701 of title 41, United States
Code, is amended—
\(A\) by redesignating paragraph \(4\) as paragraph \(5\); and
\(B\) by inserting after paragraph \(3\) the following:
“\(4\) Socioeconomic labor threshold.—The term
\`socioeconomic labor threshold' means the socioeconomic labor
threshold established under section 1094\(a\) of the National
Defense Authorization Act for Fiscal Year 2027.”.
\(2\) Applicability threshold.—Section 6702\(a\)\(2\) of title
41, United States Code, is amended to read as follows:
“\(2\) involves an amount exceeding—
“\(A\) for contracts and bid specifications made prior to
the date of enactment of the National Defense Authorization
Act for Fiscal Year 2027, $2,500; and
“\(B\) for contracts and bid specifications made on or after
such date of enactment, the socioeconomic labor threshold.”.
SA 6290. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . NONDISCRIMINATION IN DISASTER ASSISTANCE.
Section 308\(a\) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act \(42 U.S.C. 5151\(a\)\) is amended
by striking “or economic status” and inserting “economic
status, or political affiliation”.
SA 6291. Mr. WHITEHOUSE \(for himself and Mr. Graham\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Seizure and Forfeiture of Assets of Russian Kleptocrats
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Deterring Adversary
Ill-Gotten Gains Act”.
SEC. 1282. PROCEDURES FOR FORFEITURE OF ASSETS OF RUSSIAN
KLEPTOCRATS.
\(a\) Nonjudicial Forfeiture.—Property subject to forfeiture
under title 18, United States Code, may be forfeited through
nonjudicial civil forfeiture under section 609 of the Tariff
Act of 1930 \(19 U.S.C. 1609\), without regard to limitation
under section 607\(a\)\(1\) of that Act \(19 U.S.C. 1607\(a\)\(1\)\),
if the Attorney General, or a designee, makes the
certification described in subsection \(b\) with respect to the
property.
\(b\) Certification.—After seizure of property and prior to
forfeiture of the property under subsection \(a\), the Attorney
General, or a designee, shall certify that, upon forfeiture,
the property will be covered forfeited property \(as defined
in section 1708\(c\) of the Additional Ukraine Supplemental
Appropriations Act, 2023 \(division M of Public Law 117-328;
136 Stat. 5200\), as amended by this subtitle\).
SEC. 1283. EXPANSION OF FORFEITED PROPERTY AVAILABLE TO
REMEDIATE HARMS TO UKRAINE FROM RUSSIAN
AGGRESSION.
\(a\) In General.—Section 1708\(c\) of the Additional Ukraine
Supplemental Appropriations Act, 2023 \(division M of Public
Law 117-328; 136 Stat. 5200\) is amended—
\(1\) in paragraph \(2\), by striking “which property
belonged” and all that follows and inserting the following:
“which property—
“\(A\) belonged to, was possessed by, or was controlled by a
person the property or interests in property of which were
blocked pursuant to any license, order, regulation, or
prohibition imposed by the United States under the authority
provided by the International Emergency Economic Powers Act
\(50 U.S.C. 1701 et seq.\) or any other provision of law, with
respect to—
“\(i\) the Russian Federation; or
“\(ii\) actions or policies that undermine the democratic
processes and institutions in Ukraine or threaten the peace,
security, stability, sovereignty, or territorial integrity of
Ukraine;
“\(B\) was involved in an act in violation of or a
conspiracy or scheme to violate—
“\(i\) any license, order, regulation, or prohibition
described in subparagraph \(A\); or
“\(ii\) any restriction on the export, reexport, or in-
country transfer of items imposed by the United States under
the Export Administration Regulations, or any restriction on
the export, reexport, or retransfer of defense articles under
the International Traffic in Arms Regulations under
subchapter M of chapter I of title 22, Code of Federal
Regulations, with respect to—
“\(I\) the Russian Federation, Belarus, the Crimea region of
Ukraine, or the so-called \`Donetsk People's Republic' or
\`Luhansk People's Republic' regions of Ukraine;
“\(II\) any person in any such country or region on a
restricted parties list; or
“\(III\) any person located in any other country that has
been added to a restricted parties list in connection with
the malign conduct of the Russian Federation in Ukraine,
including the annexation of the Crimea region of Ukraine in
March 2014 and the invasion beginning in February 2022 of
Ukraine, as substantially enabled by Belarus; or
“\(C\) was involved in any related conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with or acting on behalf of, the Russian Federation,
Belarus, the Crimea region of Ukraine, or the so-called
\`Donetsk People's Republic' or \`Luhansk People's Republic'
regions of Ukraine.”; and
\(2\) by adding at the end the following:
“\(3\) The term \`Export Administration Regulations' has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 \(50 U.S.C. 4801\).
“\(4\) The term \`restricted parties list' means any of the
following lists maintained by the Bureau of Industry and
Security:
“\(A\) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
“\(B\) The Denied Persons List maintained pursuant to
section 764.3\(a\)\(2\) of the Export Administration Regulations.
“\(C\) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.”.
\(b\) Extension of Authority.—Section 1708\(d\) of the
Additional Ukraine Supplemental Appropriations Act, 2023, is
amended by striking “May 1, 2025” and inserting “the date
that is 3 years after the date of the enactment of the
Deterring Adversary Ill-Gotten Gains Act”.
SEC. 1284. RULEMAKING.
The Attorney General and the Secretary of the Treasury may
prescribe regulations to carry out this subtitle without
regard to the requirements of section 553 of title 5, United
States Code.
SEC. 1285. TERMINATION.
\(a\) In General.—The provisions of this subtitle shall
terminate on the date that is 3 years after the date of the
enactment of this Act.
\(b\) Savings Provision.—The termination of this subtitle
under subsection \(a\) shall not—
\(1\) terminate the applicability of the procedures under
this subtitle to any property seized prior to the date of the
termination under subsection \(a\); or
\(2\) moot any legal action taken or pending legal proceeding
not finally concluded or determined on that date.
SA 6292. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1230. STATEMENT OF POLICY RELATING TO UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 \(Public Law 114-92; 129 Stat. 1068\) is
amended by adding at the end the following new subsection:
“\(l\) Statement of Policy.—
“\(1\) In general.—It is the policy of the United States—
“\(A\) to assist Ukraine in maintaining a credible defense
and deterrence capability;
“\(B\) to bolster defense and security cooperation with
Ukraine as a means of building a future force of Ukraine that
is capable of defending Ukraine today and deterring future
aggression; and
“\(C\) to advance continued reform of the democratic,
economic, defense, and security institutions of Ukraine in
order to advance the Euro-Atlantic integration and
modernization of Ukraine.
“\(2\) Credible defense and deterrence capability defined.—
In this subsection, the term \`credible defense and deterrence
capability' means the ability to defend against and deter any
credible conventional military threat from the Russian
Federation acting unilaterally or in concert with partners,
through the use of conventional military means, possessed in
sufficient quantity, including weapons platforms and
munitions, command, control, communication, intelligence,
surveillance, and reconnaissance capabilities.”.
SA 6293. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 639. CONCURRENT RECEIPT OF VETERANS' DISABILITY
COMPENSATION AND RETIRED PAY FOR DISABILITY
RETIREES WITH COMBAT-RELATED DISABILITIES.
\(a\) Concurrent Receipt Generally.—Section 1414\(b\) of title
10, United States Code, is amended by striking paragraph \(2\)
and inserting the following new paragraphs:
“\(2\) Combat-related disability retirees.—
“\(A\) In general.—A member retired under chapter 61 of
this title with a combat-related disability who is entitled
for any month to retired pay under chapter 61 of this title
and is also entitled for that month to veterans' disability
compensation under title 38, is entitled to be paid both
without regard to sections 5304 and 5305 of title 38.
“\(B\) Combat-related disability defined.—In this
paragraph, the term \`combat-related disability' has the
meaning given that term in subsection \(e\) of section 1413a of
this title and as determined under the criteria and
procedures used for purposes of such section.
“\(3\) Exclusion of other retirees.—Subsection \(a\) does not
apply to a member retired under chapter 61 of this title if
the member is not covered by paragraph \(1\) or \(2\).”.
\(b\) Technical and Conforming Amendments.—
\(1\) Coordination with combat-related special compensation
program.—Section 1414\(d\)\(1\) of title 10, United States Code,
is amended by inserting “or is entitled to a payment under
subsection \(b\)\(2\)” after “qualified retiree under this
section”.
\(2\) Amendments reflecting end of concurrent receipt phase-
in period.—Section 1414 of title 10, United States Code, is
further amended—
\(A\) in subsection \(a\)\(1\)—
\(i\) by striking the second sentence; and
\(ii\) by striking subparagraphs \(A\) and \(B\);
\(B\) by striking subsection \(c\) and redesignating
subsections \(d\) and \(e\) as subsections \(c\) and \(d\),
respectively; and
\(C\) in subsection \(d\), as redesignated, by striking
paragraphs \(3\) and \(4\).
\(3\) Section heading.—The heading of section 1414 of such
title is amended to read as follows:
“Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
receipt”.
\(4\) Conforming amendment.—Section 1413a\(f\) of such title
is amended by striking “Subsection \(d\)” and inserting
“Subsection \(c\)”.
\(c\) Effective Date.—The amendments made by this section
shall take effect on the first day of the first month
beginning after the date of the enactment of this Act and
shall apply to payments for months beginning on or after that
date.
SEC. 640. RESCISSION OF ONE BIG BEAUTIFUL BILL ACT FUNDS FOR
DEPARTMENT OF DEFENSE.
Notwithstanding any other provision of law, of the
unobligated balances of amounts made available under title II
of the Act entitled “An Act to provide for reconciliation
pursuant to title II of H. Con. Res. 14” , approved July 4,
2025 \(Public Law 119-21; 139 Stat. 112\) \(commonly known as
the “One Big Beautiful Bill Act”\), $13,000,000,000 is
hereby rescinded.
SA 6294. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. IMPROVING NOTIFICATION PROCEDURES IN CASE OF
INCREASED DEMAND FOR CRITICAL DRUGS.
\(a\) In General.—Section 506C of the Federal Food, Drug,
and Cosmetic Act \(21 U.S.C. 356c\) is amended—
\(1\) in the section heading, by striking “discontinuance or
interruption in the production of life-saving drugs” and
inserting “notification of issues affecting domestic supply
of critical drugs”;
\(2\) by striking subsections \(a\), \(b\), and \(c\), and
inserting the following:
“\(a\) Notification Required.—
“\(1\) In general.—A manufacturer of a covered drug shall
notify the Secretary, in accordance with subsection \(b\), of—
“\(A\)\(i\) a permanent discontinuance in the manufacture of
the drug or an interruption of the manufacture of the drug
that is likely to lead to a meaningful disruption in the
supply of such drug in the United States;
“\(ii\) a permanent discontinuance in the manufacture of an
active pharmaceutical ingredient of such drug, or an
interruption in the manufacture of an active pharmaceutical
ingredient of such drug that is likely to lead to a
meaningful disruption in the supply of the active
pharmaceutical ingredient of such drug; or
“\(iii\) any other circumstance, such as an increase in
demand or export restriction, that is likely to leave the
manufacturer unable to meet demand for the drug without a
meaningful shortfall or delay; and
“\(B\) the reasons for such discontinuance, interruption, or
other circumstance, if known.
“\(2\) Contents.—Notification under this subsection with
respect to a covered drug shall include—
“\(A\) with respect to the reasons for the discontinuation,
interruption, or other circumstance described in paragraph
\(1\)\(A\)\(iii\), if an active pharmaceutical ingredient is a
reason for, or risk factor in, such discontinuation,
interruption, or other circumstance, the source of the active
pharmaceutical ingredient and any alternative sources for the
active pharmaceutical ingredient known to the manufacturer;
“\(B\) whether any associated device used for preparation or
administration included in the drug is a reason for, or a
risk factor in, such discontinuation, interruption, or other
circumstance described in paragraph \(1\)\(A\)\(iii\);
“\(C\) the expected duration of the interruption; and
“\(D\) such other information as the Secretary may require.
“\(b\) Timing.—A notice required under subsection \(a\) shall
be submitted to the Secretary—
“\(1\) at least 6 months prior to the date of the
discontinuance or interruption;
“\(2\) in the case of such a notice with respect to a
circumstance described in subsection \(a\)\(1\)\(A\)\(iii\), as soon
as practicable, or not later than 10 business days after the
onset of the circumstance; or
“\(3\) if compliance with paragraph \(1\) or \(2\) is not
possible, as soon as practicable.
“\(c\) Notification and Distribution.—
“\(1\) Distribution.—To the maximum extent practicable, the
Secretary shall distribute, through such means as the
Secretary determines appropriate, information on the
discontinuance or interruption of the manufacture of, or
other circumstance described in subsection \(a\)\(1\)\(A\)\(iii\)
that is likely to lead to a shortage or meaningful disruption
in the supply of, covered drugs to appropriate organizations,
including physician, health provider, and patient
organizations, as described in section 506E.
“\(2\) Notification to the department of defense.—The
Secretary shall notify the Secretary of Defense each time a
notification is submitted to the Secretary under subsection
\(a\).”;
\(3\) in subsection \(g\), in the matter preceding paragraph
\(1\), by striking “drug described in subsection \(a\)” and
inserting “covered drug”; and
\(4\) in subsection \(j\), by striking “drug described in
subsection \(a\)” and inserting “covered drug”.
\(b\) Definitions.—Paragraph \(1\) of section 506C\(h\) of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 356c\(h\)\) is
amended to read as follows:
“\(1\) the term \`covered drug' means a drug that is intended
for human use and that—
“\(A\) is—
“\(i\) life-supporting;
“\(ii\) life-sustaining; or
“\(iii\) intended for use in the prevention or treatment of
a debilitating disease or condition, including any such drug
used in emergency medical care or during surgery or any such
drug that is critical to the public health during a public
health emergency declared by the Secretary under section 319
of the Public Health Service Act;
“\(B\) is not a radio pharmaceutical drug product or any
other product as designated by the Secretary; and
“\(C\) is not a biological product \(as defined in section
351\(i\) of the Public Health Service Act\), unless otherwise
provided by the Secretary in the regulations promulgated
under subsection \(i\);”.
\(c\) Reporting on Supply Chains.—Section 510\(j\)\(3\)\(A\) of
the Federal Food, Drug, and Cosmetic Act \(21 U.S.C.
360\(j\)\(3\)\(A\)\) is amended—
\(1\) by striking “annually to the Secretary” in the first
sentence and inserting “to the Secretary, once during the
month of March each year and once during the month of
September each year,”;
\(2\) by inserting “, and the legal names of, and any
additional information the Secretary may require, regarding
suppliers of active pharmaceutical ingredients and
intermediate and in-process materials such person used for
the manufacture, preparation, propagation, compounding, or
processing of such drug, and the amount of such drug
manufactured, prepared, propagated, compounded, or processed
using each such active pharmaceutical ingredient or
intermediate or in-process material sourced from each such
supplier” before the period at the end of the first
sentence; and
\(3\) by inserting after the first sentence the following:
“In addition to the reporting required under the preceding
sentence, each person who registers with the Secretary under
this section with regard to a drug may voluntarily report on
the information described in the preceding sentence, at such
other times as the Secretary may specify.”.
SA 6295. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2873. REPORT ON DETECTION AND ALERT SYSTEMS FOR SEVERE
WEATHER THREATS AT MILITARY INSTALLATIONS.
\(a\) Purpose.—The purpose of this section is to require
that, as part of military installations resilience planning,
the Secretary of Defense and the commander of any major
military installation study the benefits of investing in more
comprehensive, sustained severe weather, wildfire, and flood
detection and early warning, forecasting, and alerting
systems to improve preparedness, reduce risk to personnel and
property, and strengthen installation and mission resiliency.
\(b\) Report on Detention and Alert Systems at Military
Installations.—
\(1\) In general.— Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and
the House of Representatives a report that assesses the
detection, warning, forecasting, and alert systems for severe
weather threats at certain military installations.
\(2\) Contents.—The report submitted under paragraph \(1\)
shall—
\(A\) identify at-risk installations, including any
installation that—
\(i\) faces multi-hazard risks, such as concurrent elevated
risk of severe weather, lightning, wildfire, and flooding;
\(ii\) hosts critical mission capabilities, high-value
infrastructure, or population concentrations the loss of
which would have a disproportionate impact on national
security;
\(iii\) has a demonstrated historic or modeled vulnerability
to severe weather, wildfire, or flood events; or
\(iv\) would benefit most from near-term enhancements to
lifesaving alerting and collaborative incident management;
\(B\) assess the technical requirements and desired core
capabilities of detection, warning, forecasting, and alert
systems, including—
\(i\) real-time multi-hazard detection \(severe weather,
wildfire, flood\) using on-site sensors and data streams from
commercial sources and civil and Federal agencies;
\(ii\) advanced short- and medium-range forecasting and
predictive modeling leveraging commercial and government
data;
\(iii\) automated, geospatial, and role-based alerting to
installation commanders, emergency managers, first
responders, shelter managers, and alert personnel via SMS,
email, voice, common alerting protocols, and other
modalities;
\(iv\) a singular, authoritative dashboard that displays
real-time conditions, forecasts, alerts, and recommended
actions, and supports collaborative incident management
across stakeholders;
\(v\) configurable alert thresholds, layered notification
lists, and two-way acknowledgment and status reporting;
\(vi\) hardened communications, cybersecurity protections,
and redundancy appropriate to military installation
standards; and
\(vii\) enhanced actionable alerting capabilities or
equivalent functionality that enables prioritized,
actionable, and location-specific warnings and guidance;
\(C\) describe available commercial solutions and potential
costs associated with such solutions; and
\(D\) provide recommendations for additional legislative
actions to facilitate the improvement of severe weather
observations and warnings on military installations.
SA 6296. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2873. MILITARY INSTALLATION STORMWATER PROJECT
ACCELERATION PROGRAM.
Subchapter I of chapter 169 of title 10, United States
Code, is amended by inserting after section 2815a the
following new section:
“Sec. 2815b. Military Installation Stormwater Project
Acceleration Program
“\(a\) Establishment.—There is established in the Office of
the Secretary of Defense a program to be known as the
\`Military Installation Stormwater Project Acceleration
Program' \(in this section referred to as the \`Program'\).
“\(b\) Purpose.—The Program shall be conducted for the
purpose of accelerating the planning for and implementation
of projects and other actions on or related to a military
installation that are—
“\(1\) addressed in the military installation component of
installation master plans developed in accordance with
section 2864\(c\) of this title;
“\(2\) identified as potential military installation
projects under section 2815 of this title;
“\(3\) identified for the improvement of stormwater
management in accordance with section 2815a of this title; or
“\(4\) identified as suitable to preserve or enhance Defense
Access Roads in accordance with section 210 of title 23.
“\(c\) Identification of Projects and Other Actions.—The
Secretary of Defense shall establish a merit-based process
for identifying projects and other actions suitable for
funding through the Program.
“\(d\) Rule of Construction.—Nothing in this section shall
be construed to require or enable any official of the
Department of Defense to provide funding under this section
pursuant to a community project funding request, as defined
in the Rules of the House of Representatives, or a
congressionally directed spending item, as defined in the
Standing Rules of the Senate.
“\(e\) Annual Reports.—\(1\) Not later than March 1 of each
year, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report on the Program.
“\(2\) Each report under paragraph \(1\) shall include the
following:
“\(A\) A description of the nature and status of the
projects or actions undertaken in whole or part with funds
appropriated for the Program.
“\(B\) An assessment of the effectiveness of such projects
or actions as part of a long-term strategy—
“\(i\) to prevent flooding on military installations, key
supporting civilian infrastructure, and defense access roads;
and
“\(ii\) to improve the management of stormwater on or
related to a military installation.
“\(C\) An evaluation of the methodology and criteria used to
select and to establish priorities for projects and actions
funded in whole or part with funds appropriated for the
Program.
“\(D\) Such recommendations as the Secretary of Defense
considers appropriate for legislative or administrative
action to improve the efficiency and effectiveness of the
Program.”.
SA 6297. Mr. KAINE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Venezuela Democratic Transition
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Venezuela Democratic
Transition Act”.
SEC. 1272. FINDINGS; SENSE OF CONGRESS.
\(a\) Findings.—Congress finds that—
\(1\) the Venezuelan parliamentary election held on December
6, 2020, and the Venezuelan parliamentary election held on
May 25, 2025, were fraudulent and widely condemned;
\(2\) the Venezuelan presidential election held on July 28,
2024, violated Venezuelan law and international standards;
\(3\) the Venezuelan regime led by Nicolas Maduro falsely
claimed victory in the 2024 presidential election and
intensified violent repression against the leaders and
supporters of the opposition presidential candidate; and
\(4\) Nicolas Maduro lost the 2024 presidential election and
his regime lacks legitimacy to represent the Venezuelan
people.
\(b\) Sense of Congress.—It is the sense of Congress that
the United States should—
\(1\) continue to recognize Edmundo Gonzalez Urrutia as
Venezuela's legitimate President-elect;
\(2\) support the democratic opposition;
\(3\) facilitate free and fair presidential elections in 2026
with full opposition participation; and
\(4\) ensure that any energy agreements with Venezuela are
made only in consultation with the democratic opposition
movement.
SEC. 1273. DEFINITIONS.
In this subtitle:
\(1\) Admission; admitted; alien.—The terms “admission”,
“admitted”, and “alien” have the meanings given such
terms in section 101 of the Immigration and Nationality Act
\(8 U.S.C. 1101\).
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on the Judiciary of the Senate;
\(C\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(D\) the Committee on Foreign Affairs of the House of
Representatives;
\(E\) the Committee on the Judiciary of the House of
Representatives; and
\(F\) the Committee on Financial Services of the House of
Representatives.
\(3\) Gross violations of internationally recognized human
rights.—The term “gross violations of internationally
recognized human rights” has the meaning given that term in
section 502B\(d\) of the Foreign Assistance Act of 1961 \(22
U.S.C. 2304\(d\)\).
\(4\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person located in the United States.
\(5\) Venezuelan person.—The term “Venezuelan person”
means—
\(A\) a citizen or national of Venezuela; or
\(B\) an entity organized under the laws of Venezuela or
otherwise subject to the jurisdiction of the Government of
Venezuela.
SEC. 1274. STRATEGY FOR SUPPORTING FREE AND FAIR ELECTIONS IN
VENEZUELA.
The Secretary of State shall develop and submit to
Congress a strategy that—
\(1\) updates, with input from the appropriate congressional
committees, the Democratic Transition Framework for
Venezuela, which was originally published by the Department
of State on March 31, 2020;
\(2\) uses all available diplomatic tools—
\(A\) to facilitate a new presidential election in Venezuela
in 2026 that complies with international standards for a
free, fair, and transparent electoral process;
\(B\) to end the Maduro-Rodriguez regime's usurpation of
presidential authorities;
\(C\) to restore democracy and the rule of law in Venezuela;
\(D\) to free political prisoners and prisoners of conscience
from incarceration in Venezuela; and
\(E\) to facilitate the consistent delivery of humanitarian
assistance to the people of Venezuela;
\(3\) outlines benchmarks towards a democratic transition in
Venezuela;
\(4\) provides a detailed assessment of Venezuelan government
institutions, political prisoners, detention and torture
centers, armed groups, and laws used to repress political
opposition;
\(5\) outlines the next steps that need to be taken in
Venezuela—
\(A\) to coordinate international sanctions;
\(B\) to close torture centers;
\(C\) to ensure the Venezuelan military respects the results
of free and fair presidential elections;
\(D\) to establish mechanisms for institutional reform;
\(E\) to guarantee the safe return of opposition leaders,
including Maria Corina Machado; and
\(F\) to provide pathways for transitional justice and
accountability; and
\(6\) requires transparency and monthly reporting to the
appropriate congressional committees with respect to the
transition to democracy in Venezuela, including—
\(A\) closely monitoring energy-related negotiations; and
\(B\) tracking progress made toward achieving certain
democratic benchmarks.
SEC. 1275. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN
RIGHTS VIOLATIONS IN VENEZUELA.
\(a\) In General.—The President shall impose the sanctions
described in subsection \(b\) with respect to Venezuelan
persons the President determines are complicit in gross
violations of internationally recognized human rights in
Venezuela.
\(b\) Sanctions Described.—The sanctions described in this
subsection are the following:
\(1\) Blocking of property.—The President shall exercise all
of the powers granted by the International Emergency Economic
Powers Act \(50 U.S.C. 1701 et seq.\) to the extent necessary
to block and prohibit all transactions in all property and
interests in property of a person described in subsection
\(a\), if such property and interests in property are in the
United States, come within the United States, or are or come
within the procession or control of a United States person.
\(2\) Aliens inadmissible for visas, admission, or parole.—
In the case of an alien described in subsection \(a\), the
alien is—
\(A\) inadmissible to the United States;
\(B\) ineligible for a visa or other documentation to enter
the United States; and
\(C\) otherwise ineligible to be admitted or paroled into the
United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(c\) Exceptions.—
\(1\) Exception relating to importation of goods.—
\(A\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this section shall not include the authority or a requirement
to impose sanctions on the importation of goods.
\(B\) Good.—In this paragraph, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
\(2\) Exception to comply with united nations headquarters
agreement and law enforcement activities.—Sanctions under
subsection \(b\)\(2\) shall not apply with respect to the
admission of an alien to the United States if admitting or
paroling the alien into the United States is necessary—
\(A\) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
\(B\) to carry out or assist authorized law enforcement
activity in the United States.
\(3\) Exception to comply with intelligence activities.—
Sanctions under this section shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States.
\(d\) Waivers.—
\(1\) National security waiver.—The President may waive the
application of sanctions under this section if the
President—
\(A\) determines such a waiver is in the national security
interests of the United States; and
\(B\) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
\(2\) Humanitarian waiver.—
\(A\) In general.—Sanctions under this section shall not
apply to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(ii\) transactions that are necessary for or related to the
activities described in clause \(i\).
\(B\) Definitions.—In this paragraph:
\(i\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(ii\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(iii\) Medicine.—The term “medicine” has the meaning
given the term “drug” in section 201 of the Federal Food,
Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(3\) Democratic transition.— The President may waive the
application of sanctions under this section upon receiving
certifications from the Secretary of State and the Secretary
of the Treasury that a democratic transition has occurred in
Venezuela.
\(e\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections \(b\) and \(c\) of section 206 of the
International Emergency Economic Powers Act \(50 U.S.C. 1705\)
to the
same extent as a person that commits an unlawful act
described in subsection \(a\) of that section.
SA 6298. Mr. COONS \(for himself and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. FINDING OPPORTUNITIES FOR RESOURCE EXPLORATION.
\(a\) Sense of Congress.—It is the sense of Congress that
the United States should prioritize, to the greatest extent
practicable, the onshoring of critical mineral processing.
\(b\) Definitions.—In this section:
\(1\) Allied foreign country.—The term “allied foreign
country” means a member country of the North Atlantic Treaty
Organization or a country that has been designated as a major
non-NATO ally under section 517 of the Foreign Assistance Act
of 1961 \(22 U.S.C. 2321k\).
\(2\) Critical mineral.—The term “critical mineral” has
the meaning given the term in section 7002\(a\) of the Energy
Act of 2020 \(30 U.S.C. 1606\(a\)\).
\(3\) Institution of higher education.—The term
“institution of higher education” has the meaning given the
term in section 101 of the Higher Education Act of 1965 \(20
U.S.C. 1001\).
\(4\) Partner foreign country.—The term “partner foreign
country” means a country that is a source of a critical
mineral or rare earth element.
\(5\) Rare earth element.—The term “rare earth element”
means cerium, dysprosium, erbium, europium, gadolinium,
holmium, lanthanum, lutetium, neodymium, praseodymium,
promethium, samarium, scandium, terbium, thulium, ytterbium,
or yttrium.
\(6\) Secretary.—The term “Secretary” means the
Secretary of State.
\(c\) Agreements With Respect to the Mapping of Critical
Minerals and Rare Earth Elements.—
\(1\) Agreements.—The Secretary may enter into agreements
with 1 or more partner foreign countries with respect to
scientific and technical cooperation in the mapping of
critical minerals and rare earth elements.
\(2\) Objectives.—In negotiating an agreement under
paragraph \(1\), the Secretary shall seek to increase the
security and resilience of international supply chains, to
the maximum extent practicable, for critical minerals and
rare earth elements by—
\(A\) committing to assisting the partner foreign country
through cooperative activities described in paragraph \(4\)
that help the partner foreign country map reserves of
critical minerals and rare earth elements;
\(B\) ensuring that private companies headquartered in the
United States or an allied foreign country are offered the
right of first refusal in the further development of critical
minerals and rare earth elements in the partner foreign
country that were discovered or better characterized as a
result of the cooperative activities described in paragraph
\(4\); and
\(C\) ensuring that mapping data created through the
cooperative activities described in paragraph \(4\) is
protected against unauthorized access by, or disclosure to,
governmental or other entities based in countries that are
not—
\(i\) a party to the agreement; or
\(ii\) an allied foreign country.
\(3\) Implementation.—In implementing an agreement under
paragraph \(1\), the Secretary shall—
\(A\) partner with companies in the United States to carry
out the cooperative activities described in paragraph \(4\);
\(B\) facilitate private sector investment in the
exploration and development of critical minerals and rare
earth elements; and
\(C\) refrain from activities that would materially delay
ongoing domestic mapping activities with respect to critical
mineral or rare earth elements in the United States.
\(4\) Cooperative activities.—The cooperative activities
referred to in paragraphs \(2\) and \(3\) include—
\(A\) acquisition, compilation, analysis, and
interpretation of geologic, geophysical, geochemical, and
spectroscopic remote sensing data;
\(B\) prospectivity mapping and mineral resource
assessment;
\(C\) analysis of geoscience data, including developing
derivative map products that can help more effectively
evaluate the mineral resources of the partner foreign
country;
\(D\) scientific collaboration to enhance the understanding
and management of the natural resources of the partner
foreign country to contribute to the sustainable development
of the mineral resources sector of that partner foreign
country;
\(E\) training and capacity building in each area described
in subparagraphs \(A\) through \(D\);
\(F\) facilitation of education and specialized training in
geoscience and mineral resource management at institutions of
higher education;
\(G\) training in relevant international standards for
relevant officials of the government and private companies of
the partner foreign country; and
\(H\) cooperation among entities of the partner foreign
country that are a party to the agreement and entities in the
United States, including Federal departments and agencies,
institutions of higher education, research centers, and
private companies.
\(5\) Notification and report to congress.—
\(A\) Definition of appropriate committees of congress.—In
this paragraph, the term “appropriate committees of
Congress” means—
\(i\) the Committees on Energy and Natural Resources,
Foreign Relations, and Appropriations of the Senate; and
\(ii\) the Committees on Natural Resources, Foreign
Affairs, and Appropriations of the House of Representatives.
\(B\) Notification and report.—Not later than 30 days
before the Secretary intends to enter into an agreement under
paragraph \(1\), the Secretary shall—
\(i\) notify the appropriate committees of Congress; and
\(ii\) submit to the appropriate committees of Congress a
report detailing the implementing partners, scope of the
agreement, activities to be undertaken, estimated costs, and
source of funding.
\(6\) Consultation with private sector.—The Secretary
shall consult with relevant private sector actors, as the
Secretary determines to be appropriate, in—
\(A\) prioritizing and selecting partner foreign countries
with which to enter into an agreement under paragraph \(1\);
and
\(B\) assessing how an agreement can best facilitate
private sector interest in pursuing the further development
of critical minerals and rare earth elements in accordance
with the objectives described in paragraph \(2\).
SA 6299. Ms. COLLINS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VIII, add the
following:
SEC. 850. REGULATIONS APPLICABLE TO WEARING OPTIONAL COMBAT
BOOTS.
\(a\) In General.—Not later than two years after the date
of the enactment of this section, the Secretary of Defense
shall issue regulations to prohibit any member of the Armed
Forces from wearing optional combat boots as part of a
required uniform unless the optional combat boots are
entirely manufactured in the United States and entirely made
of—
\(1\) materials grown, reprocessed, reused, or produced in
the United States; and
\(2\) components that are manufactured entirely in the
United States and entirely made of materials described in
paragraph \(1\).
\(b\) Waiver.—The requirements of subsection \(a\) may be
waived if a member of the Armed Forces provides a medical
justification authorized by the commanding officer of such
member to wear optional combat boots as part of a required
uniform.
\(c\) Exception.—The requirements of subsection \(a\) shall
not apply to a member of the Armed Forces within a combat
arms military occupational specialty who is in a deployed
status.
\(d\) Definitions.—In this section:
\(1\) The term “optional combat boots”, with respect to a
member of the Armed Forces, means combat boots not furnished
to such member of the Armed Forces by the Secretary of
Defense.
\(2\) The term “required uniform” means a uniform a
member of the Armed Forces is required to wear as a member of
the Armed Forces.
SA 6300. Ms. COLLINS \(for herself and Mr. Blumenthal\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . INCLUSION OF PHYSICIAN ASSISTANTS AND NURSE
PRACTITIONERS IN FEDERAL EMPLOYEES'
COMPENSATION ACT.
\(a\) Inclusion.—Section 8101 of title 5, United States
Code, is amended—
\(1\) in paragraph \(3\), by inserting “, other eligible
providers,” after “osteopathic practitioners”;
\(2\) by striking “and” at the end of paragraphs \(18\) and
\(19\);
\(3\) by striking the period at the end of paragraph \(20\)
and inserting “; and”; and
\(4\) by adding at the end the following:
“\(21\) \`other eligible provider' means a nurse
practitioner or physician assistant within the scope of their
practice as defined by State law.”.
\(b\) Conforming Amendments.—Subchapter I of chapter 81 of
title 5, United States Code, is amended—
\(1\) in section 8103\(a\)—
\(A\) by inserting “or other eligible provider” after
“physician” each place that term appears; and
\(B\) in paragraph \(3\), by inserting “\(or other eligible
providers\)” after “physicians”;
\(2\) in section 8121\(6\), by inserting “or other eligible
provider” after “physician”; and
\(3\) in section 8123\(a\)—
\(A\) by inserting “or other eligible provider” after
“The employee may have a physician”;
\(B\) by inserting “or other eligible provider” after
“United States and the physician”; and
\(C\) by striking “a third physician” and inserting “an
additional physician”.
\(c\) Regulations.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Labor shall
finalize rules to carry out the amendments made by this
section.
SA 6301. Mr. SHEEHY \(for himself and Ms. Warren\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, insert the following:
SEC. 1094. TRADE SECRET CASES.
Section 1498 of title 28, United States Code, is amended by
adding at the end the following new subsection:
“\(f\) Whenever a trade secret \(as defined in section 1839
of title 18, United States Code\) is misappropriated by the
United States, by a corporation owned or controlled by the
United States, or by a contractor, subcontractor, or any
person, firm, or corporation acting for the Government and
with the authorization or consent of the Government, the
exclusive action which may be brought for such
misappropriation shall be an action by the owner of the trade
secret against the United States in the United States Court
of Federal Claims for the recovery of his reasonable and
entire compensation as damages for such misappropriation:
Provided, That in any action brought under this subsection,
the United States Court of Federal Claims shall not be bound
by the trade secret laws of any State but shall develop its
own precedent consistent with this subsection and applicable
Federal law; Provided, That a Government employee shall have
a right of action against the Government under this
subsection except where he was in a position to order,
influence, or induce use or disclosure of the trade secret by
the Government: Provided, however, That this subsection
shall not confer a right of action on any owner or any
assignee of such owner with respect to any trade secret
developed or maintained by a person while in the employment
or service of the United States, where the trade secret was
developed or maintained as a part of the official functions
of the employee, or in the development or maintenance of
which Government time, material, or facilities were used: And
provided further, That before such action against the United
States has been instituted the appropriate corporation owned
or controlled by the United States or the head of the
appropriate department or agency of the Government, as the
case may be, is authorized to enter into an agreement with
the owner in full settlement and compromise for the damages
accruing to him by reason of such misappropriation and to
settle the claim administratively out of available
appropriations.
“Except as otherwise provided by law, no recovery shall be
had for any misappropriation of a trade secret covered by
this subsection committed more than three years prior to the
filing of the complaint or counterclaim for such
misappropriation in the action, except that the period
between the date of receipt of a written claim for
compensation by the Department or agency of the Government or
corporation owned or controlled by the United States, as the
case may be, having authority to settle such claim and the
date of mailing by the Government of a notice to the claimant
that his claim has been denied shall not be counted as a part
of the three years, unless suit is brought before the last-
mentioned date.”.
At the end of subtitle B of title VIII, add the following:
SEC. 823. SPECIFIC PERFORMANCE FOR DELIVERY OF CERTAIN
INFORMATION UNDER DEFENSE CONTRACTS.
\(a\) Chapter 281 of title 10, United States Code, is amended
by adding at the end the following new section:
“Sec. 3865. Specific performance for delivery of certain
information under defense contracts
“\(a\) Authority.—The Federal Government may bring an
action arising under a covered legal instrument entered into
by the Department of Defense in an appropriate district court
of the United States for an order of specific performance
requiring delivery of covered information in such format and
manner as the court determines appropriate and necessary. In
any such action, the court may determine the scope of the
Federal Government's rights in the covered information and
may order the correction or removal of any nonconforming or
improper markings on such information.”.
“\(b\) Conditions.—An action under subsection \(a\) may be
brought only if, with respect to covered information required
to be delivered under the covered legal instrument, the
contractor with which the Federal Government entered into the
covered legal instrument has not delivered, or refuses to
deliver, the covered information within 30 days of receipt of
a final decision issued by a contracting officer under
section 7103 of title 41 that requires the delivery of such
information to the Federal Government.
“\(c\) Effect of Appeal.—The pendency of any appeal, claim,
or action by the contractor challenging or seeking review of
the contracting officer's final decision under section 7103
of title 41, shall not preclude, stay, enjoin, or otherwise
affect an action brought by the Federal Government under this
section.
“\(d\) Definitions.—In this section:
“\(1\) The term \`covered information' means information that
is required by a covered legal instrument to be delivered or
otherwise provided to the Federal Government, and includes,
incorporates, or embodies intellectual property, technical
data, computer software, or computer software documentation.
“\(2\) The term \`covered legal instrument' means a contract,
agreement, or other legal instrument.
“\(3\) The terms \`deliver', \`delivery', and \`delivering'
include furnishing, providing, or making available in any
manner whatsoever.”.
SA 6302. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1050. REPORT ON NATIONAL SECURITY IMPLICATIONS OF
DOMESTIC SUPPLY AND USE OF CRITICAL CHEMICALS.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report assessing the national
security implications of the domestic supply and use of
critical chemicals that support petroleum refining and
related industrial processes.
\(b\) Elements.—The report required by subsection \(a\) shall
include, at a minimum, the following:
\(1\) An assessment of the domestic production capacity and
supply chain for critical chemicals used in petroleum
refining and related manufacturing processes, and
identification of any significant irreplaceability and
dependencies on foreign sources or single-supplier
vulnerabilities.
\(2\) An evaluation of the role such chemicals play in
supporting the defense industrial base, including their
contribution to the production of fuels, materials, and other
inputs necessary for military operations and defense
manufacturing.
\(3\) An analysis of the extent to which domestic refining
capacity supporting military fuel requirements relies on
processes utilizing such chemicals, and the potential
operational or logistical impacts to the Department of
Defense if the availability or use of such chemicals were
significantly constrained.
\(4\) An assessment of risks to the infrastructure and supply
chains associated with the production, storage, and
transportation of such chemicals, including physical
security, cyber threats, and other potential disruption
scenarios.
\(5\) Recommendations for actions the Department of Defense
and other relevant Federal agencies could take to mitigate
risks to the supply of such chemicals, including
consideration of strategic stockpiling, diversification of
supply sources, or other measures to strengthen the
resilience of the defense industrial base.
\(c\) Critical Infrastructure Protection.—Information
provided by private sector entities for purposes of preparing
the report required by subsection \(a\) shall be treated as
protected critical infrastructure information under the
Critical Infrastructure Information Act of 2002 \(6 U.S.C. 671
et seq.\) and shall be exempt from disclosure under section
552 of title 5, United States Code \(commonly known as the
“Freedom of Information Act”\).
\(d\) Form.—
\(1\) In general.—The report required by subsection \(a\)
shall be submitted in unclassified form but shall include a
classified annex.
\(2\) Matters for unclassified portion.—The unclassified
portion of the report required by subsection \(a\) shall focus
on high-level strategic risks and policy recommendations,
ensuring that no information is released that could
jeopardize the operational security of the domestic
industrial base, including specific refining companies.
\(3\) Matters for classified annex.—Any site-specific
vulnerability assessments,
granular production capacities of individual refineries, or
detailed transportation route mappings for hazardous
chemicals shall be included only in the classified annex
required by paragraph \(1\).
SA 6303. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. REPORT ON ARTIFICIAL INTELLIGENCE POWER OF THE
PEOPLE'S REPUBLIC OF CHINA.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Secretaries, in consultation with the covered
agency heads, shall submit to the Committee on Foreign
Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Select Committee on Intelligence of the
Senate and the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives a report on the advanced artificial
intelligence capabilities of the PRC, including the efforts
by the PRC relating to supply chains for advanced artificial
intelligence systems.
\(b\) Components.—Each report required under subsection \(a\)
shall also include the following:
\(1\) An assessment of integrated circuits designed or
optimized for advanced artificial intelligence training or
inference by leading artificial intelligence chip designers
in the PRC, including Huawei Technologies Co., Ltd. and
Cambricon Technologies, that includes—
\(A\) with respect to such integrated circuits, the—
\(i\) total processing power;
\(ii\) integer and floating point operations per second at
relevant precision levels;
\(iii\) memory capacity and bandwidth;
\(iv\) interconnect bandwidth;
\(v\) power efficiency;
\(vi\) transistor count and die size;
\(vii\) process node used per design;
\(viii\) energy efficiency;
\(ix\) manufacturing cost and yield assumptions;
\(x\) ability of the integrated circuit to effectively run
artificial intelligence models trained on a different chip
designer's integrated circuit, including measurements such as
model inference in tokens per second and cost per token with
and without a software application layer that improves model
translation ability;
\(xi\) the capability of the most advanced server
configuration produced using the chip designer's integrated
circuits including such technical specifications like
floating point operations per second, memory capacity and
bandwidth, energy efficiency, and ability to function at
scale; and
\(xii\) any future specification that becomes relevant to the
development of future artificial intelligence capability; and
\(B\) with respect to such chip designers—
\(i\) the total number and types of integrated circuits
produced in the year preceding submission of such report and
the projected production number for the year proceeding
submission of such report;
\(ii\) the foundries used in the production of the integrated
circuits;
\(iii\) the software ecosystem, including any parallel
computing platforms, programming models, or development
frameworks that enable accelerated computing for artificial
intelligence training or inference;
\(iv\) the method and extent to which such integrated
circuits are used in other countries, including in the United
States; and
\(v\) the manufacturer's ability to produce a software
application layer required to achieve an improved token per
seconds and cost per token rate.
\(2\) An assessment of leading semiconductor fabrication
facilities in the PRC that produce logic integrated circuits
for use in advanced artificial intelligence training or
inference, including such facilities owned or operated by the
Semiconductor Manufacturing International Corporation, that
includes, with respect to such facilities, the—
\(A\) total monthly production capacity per advanced process
node with non-planar transistors or 16/14 nm and below and
the percentage of that monthly production capacity dedicated
to production of logic integrated circuits for use in
advanced artificial training or inference;
\(B\) yield for producing such logic integrated circuits for
use in advanced artificial intelligence training or inference
at each facility with an assessment of that yield in industry
relevant terms, such as compared to PRC firms, compared to
non-PRC firms, or how many are in current industry-leading
datacenters;
\(C\) most advanced process node under production;
\(D\) types and volume of semiconductor manufacturing
equipment used, the country of origin for such equipment, and
the export control regulatory regime under which such
equipment was procured;
\(E\) collaborations, licit or illicit, between PRC firms or
their subsidiaries and non-PRC firms and the advancements
those collaborations produce for the PRC firm;
\(F\) progress PRC firms are making at indigenizing export
controlled technologies;
\(G\) market share PRC firms have in the PRC and
internationally; and
\(H\) year-over-year trends in leading semiconductor
fabrication facilities during at least the preceding 5-year
period;
\(3\) An assessment of leading semiconductor fabrication
facilities in the PRC that produce memory integrated circuits
used for advanced artificial intelligence training or
inference, including such facilities owned or operated by
ChangXin Memory Technologies or Yangtze Memory Technologies
Corp., that includes—
\(A\) with respect to such circuits, the—
\(i\) most advanced generation of high-bandwidth memory,
including the technical specifications and stack height;
\(ii\) memory cell area and memory density of other dynamic
random access memory integrated circuits; and
\(iii\) highest number of layers in three-dimensional NOT-AND
memory integrated circuits;
\(B\) with respect to such facilities, the—
\(i\) yield and total monthly production capacity for memory
integrated circuits, including dynamic random access memory
such as high-bandwidth memory, and NOT-AND memory; and
\(ii\) types and volume of semiconductor manufacturing
equipment used, including the country of origin of such
equipment and the export control regulatory regime such
equipment was procured under.
\(C\) collaborations, licit or illicit, between PRC firms or
their subsidiaries and non-PRC firms and the advancements
those collaborations produce for the PRC firm;
\(D\) progress PRC firms are making at indigenizing export
controlled technologies;
\(E\) market share PRC firms have in the PRC and
internationally; and
\(F\) year-over-year trends in the PRC's advanced memory
integrated circuit production for a minimum of the 5 previous
years.
\(4\) An assessment of leading semiconductor manufacturing
equipment companies in the PRC, including NAURA Technology
Group, KINGSEMI, Advanced Micro-Fabrication Equipment Inc.,
Shanghai Micro Electronics Equipment, and Shenzhen SiCarrier
Technologies Co., Ltd, that includes—
\(A\) a categorical breakdown of annual unit production
volume and technical specifications, including minimum
feature size, throughput, and defect rate, of all major
equipment classes installed or under development for wafer
production in foundries in the PRC, including—
\(i\) lithography tools, including photolithography,
nanoimprint, and electron beam lithography tools;
\(ii\) etch equipment, including wet etching and dry etching;
\(iii\) deposition equipment, including chemical vapor
deposition, physical vapor deposition, and atomic layer
deposition;
\(iv\) cleaning systems;
\(v\) chemical mechanical planarization tools;
\(vi\) ion implantation and diffusion systems;
\(vii\) wafer inspection, metrology, and process control
tools;
\(viii\) back-end packaging equipment, including wafer dicing
equipment and wire bonders;
\(ix\) capabilities and advancements in advanced packaging
technologies;
\(x\) thermal processing equipment;
\(xi\) bonding equipment, including thermo compression
bonders and hybrid bonders;
\(xii\) environmental control systems;
\(xiii\) laser systems; and
\(xiv\) reticle and photomask writing and inspection tools;
\(B\) the country of origin and supplier company for each
piece of semiconductor manufacturing equipment used in
foundries in the PRC for advanced-node logic or high-
bandwidth memory production by such companies;
\(C\) the foreign-sourced subcomponents integrated into the
semiconductor manufacturing equipment produced by such
companies, including precision motion stages, lasers,
electrostatic chucks, optical systems, radio frequency
generators, or extreme-purity gas handling systems;
\(D\) collaborations, licit or illicit, between PRC firms or
their subsidiaries and non-PRC firms and the advancements
those collaborations produce for the PRC firm;
\(E\) progress PRC firms are making at indigenizing export
controlled technologies;
\(F\) market share PRC firms have in the PRC and
internationally; and
\(G\) year-over-year trends in leading semiconductor
manufacturing equipment companies in the PRC for a minimum of
the 5 previous years.
\(5\) An assessment of electronic design automation \(EDA\)
software used in the design of integrated circuits for
advanced artificial intelligence applications in the PRC,
including software developed or provided by leading PRC EDA
companies such as Empyrean Technology Co., Ltd. and Primarius
Technologies Co., Ltd., that includes—
\(A\) with respect to such software tools, the—
\(i\) range of design stages supported, including front-end
design such as architecture and register-transfer level
design, logic synthesis, verification, physical design,
place-and-route, timing closure, and final signoff;
\(ii\) compatibility with advanced process nodes, including
sub-7 nanometer technologies, gate-all-around devices, and
three-dimensional integration;
\(iii\) capabilities for designing artificial intelligence-
specific components of such integrated circuits, including
tensor processing cores, systolic array processing units,
matrix multiplier units, and high-bandwidth memory
interfaces;
\(iv\) ability to model and optimize for power, performance,
and thermal constraints in artificial intelligence workloads;
\(v\) scale and performance of the software in handling large
designs, such as chips exceeding 50-100 billion transistors;
and
\(vi\) integration with cloud compute resources or
distributed workflows for large-scale artificial intelligence
chip development;
\(B\) with respect to such companies, the—
\(i\) total market share within the PRC and internationally,
including the share of advanced-node integrated circuits
designed or optimized for advanced artificial intelligence
training or inference designs supported by each company; and
\(ii\) types, volume, and origin of critical technology
components used in software development, including
intellectual property cores, third-party libraries,
verification suites, and artificial intelligence-assisted
optimization algorithms;
\(C\) progress PRC firms are making at indigenizing export-
controlled or foreign-origin technologies used in EDA,
including high-performance computing integration, advanced
verification engines, and proprietary intellectual property
cores;
\(D\) year-over-year trends for the PRC's EDA industry over a
minimum of the previous 5 years, including technology
adoption, market share, and software capability evolution;
and
\(E\) identification of technical gaps relative to leading
global EDA providers, particularly in relation to artificial
intelligence-focused design, advanced nodes, and large-scale
verification.
\(6\) An assessment of the advanced artificial intelligence
models determined by the Secretaries to be the most relevant
to the national security of the United States that were
developed by artificial intelligence laboratories or
companies based in the PRC, especially those laboratories and
companies affiliated with the People's Liberation Army or any
university in the PRC, including the most advanced models,
open-weight and closed-weight models, based on model size,
total compute used during training, benchmark performance,
and any other advanced capabilities the Secretaries determine
relevant, that includes, with respect to each such model—
\(A\) the number of model parameters;
\(B\) the total training compute used, measured in floating-
point operations and their relevant precision level;
\(C\) the model performance on benchmark tasks;
\(D\) an evaluation of the extent to which the model exhibits
advanced cyber offensive capabilities, an advanced
understanding of biological and virological application
domains, and the ability to substantially automate or
accelerate artificial intelligence research, and a comparison
of such models to the most advanced artificial intelligence
models from United States developers;
\(E\) if the model is open-weight, an evaluation of the files
provided and the security implications of following the
developer's deployment instructions;
\(F\) a description of the algorithmic alignment training
used;
\(G\) the type and scale of compute infrastructure used in
training and inference, including the cluster configurations,
the number and type of integrated circuits specifically
designed or optimized for advanced artificial intelligence
training or inference, how such integrated circuits were
acquired and from which companies, where those clusters are
located, and how they are being accessed;
\(H\) the manner and extent to which the model is used
throughout society in the PRC, including throughout the
following industries or sectors:
\(i\) the People's Liberation Army;
\(ii\) the surveillance and intelligence collection functions
of the CCP, including the genocide of Uyghur Muslims and
other religious and ethnic minorities in the Xinjiang Uyghur
Autonomous Region;
\(iii\) the Government of the PRC;
\(iv\) business and finance;
\(v\) education;
\(vi\) healthcare;
\(vii\) critical infrastructure sectors, including the power
grid and transportation; and
\(viii\) any other sectors that the Secretaries determines to
be relevant, such as high-risk industries where artificial
intelligence failure would have outsized safety or mission
consequences.
\(I\) whether and where such models are deployed for public
use, including API access or mobile app deployment;
\(J\) the manner and extent to which such models are diffused
in other countries, including the United States;
\(K\) the alignment of those models to CCP propaganda;
\(L\) the potential of those models to inject or create
vulnerabilities for users or other ways they could be used to
further CCP national security objectives;
\(M\) an assessment of global market share of PRC models and
the effect that global market share is enabling the PRC to
set artificial intelligence hardware or software standards;
and
\(N\) the total number of tokens inferenced globally using
the model, the types of hardware utilized for such inference
and the percent breakdown between company of origin for such
hardware, and the percentage of global inferenced tokens
attributable to the model.
\(7\) An assessment of emerging artificial intelligence
research in the PRC, based on indicators such as academic
publications, patent filings, and research funding,
including—
\(A\) the development of novel artificial intelligence
algorithms and techniques, including advancements in
reinforcement learning, natural language processing, or
computer vision, with a focus on algorithms and techniques
most relevant for developing or deploying the most advanced
artificial intelligence systems;
\(B\) advancements in hardware designed to enhance artificial
intelligence capabilities, including custom integrated
circuits, quantum computing technologies, or neuromorphic
computing systems, with a focus on hardware advancements most
relevant for developing or deploying the most advanced
artificial intelligence systems;
\(C\) the scale and focus of research efforts, including the
number of researchers, institutions, and collaborations
involved, and the funding levels and sources, with a focus on
those most relevant for developing or deploying the most
advanced frontier artificial intelligence systems;
\(D\) an evaluation of the potential impact of such research
on future artificial intelligence capabilities relevant to
national security competitiveness; and
\(E\) a description of licit or illicit methods or tactics
such as unauthorized model distillation used by PRC entities
to steal non-PRC artificial intelligence related intellectual
property.
\(8\) An assessment of the aggregate public funding and
capital flows supporting artificial intelligence development
in the PRC, including—
\(A\) the sum total of the PRC's national, provincial, and
municipal investment in artificial intelligence;
\(B\) subsidies that are underwriting the costs of artificial
intelligence development in areas such as compute,
infrastructure, water, and energy;
\(C\) an assessment of foreign capital investments, including
the total amount invested and a breakdown by entity,
including the country of origin and the amount invested; and
\(D\) an assessment of the PRC entities that have received
the funding, including the name of the entity and the amount
of funding received.
\(9\) The aggregate artificial intelligence computational
capacity in the PRC, including—
\(A\) a detailed analysis of computational capacity of the 5
most capable PRC entities, including the number and types of
integrated circuits and server systems used and their
aggregate computational power;
\(B\) the countries and companies with respect to which the
PRC sourced its computational capacity; and
\(C\) the locations and specifications, including energy and
computational capacity, of datacenters used for advanced
artificial intelligence training and inference.
\(10\) An assessment of leading humanoid robot manufacturers
in the PRC, including Unitree Robotics and Fourier, that
includes—
\(A\) with respect to such manufacturers, the—
\(i\) production capacity per year; and
\(ii\) unit cost and pricing trends for such robots intended
for commercial deployment; and
\(B\) with respect to the humanoid robots produced by such
manufactures—
\(i\) the number, type, and country and company of origin of
the semiconductor components, including integrated circuits,
used to build, run, or train such robots;
\(ii\) the country and company of origin and the technical
specifications of critical components used in such robots,
including actuators, sensors, and battery systems, and if not
PRC, the progress toward indigenization;
\(iii\) a description of the tasks such robots can perform;
\(iv\) whether such robots are teleoperated, operated through
hard-coded instructions, or function autonomously using
artificial intelligence models;
\(v\) whether inference is performed locally or via remote
cloud services;
\(vi\) the number of such robots deployed across the PRC,
including in the military, manufacturing, logistics, health
care, security, and personal assistance sectors;
\(vii\) the extent to which, and ways in which, such robots
are diffused in other countries, including in the United
States; and
\(viii\) an assessment of the cybersecurity and other
vulnerabilities of PRC origin robotic systems.
\(11\) An assessment of the most advanced or widely used
artificial intelligence-powered applications developed by PRC
entities or built on PRC artificial intelligence models,
including—
\(A\) the artificial intelligence models used to power these
applications, including the company and country of origin for
each model and whether the models are open-weight or closed-
weight;
\(B\) the means of deployment and the extent to which such
applications are used, including in the United States;
\(C\) the purposes, capabilities, and promoted uses of the
applications;
\(D\) an analysis of how data collected or generated by the
applications is used, including for artificial intelligence
model training, surveillance, or other national security-
relevant purposes; and
\(E\) an evaluation of the potential risks posed by these
applications to United States national security, foreign
policy objectives, or data privacy.
\(12\) An assessment of the regulatory framework governing
artificial intelligence development, deployment, and usage in
the PRC, that includes—
\(A\) the explicit restrictions on artificial intelligence
models, including laws, regulations, and government policies
that directly limit or control the development, deployment,
or use of artificial intelligence models in the PRC;
\(B\) an analysis of the implicit restrictions on artificial
intelligence models, including censorship, data access
limitations, or other indirect controls that may constrain
artificial intelligence model capabilities;
\(C\) how such explicit and implicit restrictions impact the
development, deployment, and diffusion of artificial
intelligence models both within the PRC and internationally,
including the effects on innovation, competitiveness, and
national security;
\(D\) an analysis of efforts by the CCP to acquire greater
insight into advanced artificial intelligence and reduce
strategic surprise, such as efforts that require advanced
artificial intelligence developers to disclose information
about artificial intelligence systems or provide models to
government entities;
\(E\) an analysis of efforts in the PRC to assess or mitigate
national security or public safety threats from advanced
artificial intelligence systems, including efforts to prevent
loss of control from autonomous artificial intelligence
systems; and
\(F\) the goals for artificial intelligence development
explicitly and implicitly stated by the CCP.
\(13\) An assessment of the PRC's global artificial
intelligence standards diplomacy efforts, including—
\(A\) mapping the fora where PRC actors aimed to shape global
standards;
\(B\) outlining key policy objectives of PRC;
\(C\) jurisdictions where PRC-promoted standards, model laws,
guidance, or procurement criteria have been adopted or
referenced;
\(D\) the effects on procurement and vendor eligibility; and
\(E\) opportunities for the United States to shape global
artificial intelligence standards and counter PRC efforts
when they run contrary to United States interest.
\(14\) An assessment of the degree to which PRC entities
remotely accessed artificial intelligence computational
resources, including through cloud services, international
data centers, or through circumvention or avoidance of United
States export controls.
\(15\) An assessment of the methods, pathways, quantities,
and companies and countries of origin of United States-
controlled integrated circuits specifically designed or
optimized for advanced artificial intelligence training or
inference, including graphics processing units or
application-specific integrated circuits, that have been
diverted to mainland the PRC, the estimated total compute
capacity enabled through these chip diversions, and the
percent of the PRC's total compute capacity enabled through
these chip diversions.
\(16\) An assessment of the effectiveness of United States
export controls in restricting access by the PRC to
artificial intelligence-relevant technologies, including an
identification of loopholes within United States export
controls and recommendations for legislative and
administrative action to strengthen export controls and
enforcement that is consistent with United States national
security and foreign policy objectives.
\(c\) Prioritization.—In conducting the assessments required
under subsection \(b\), the Secretaries shall prioritize the
identification and analysis of—
\(1\) semiconductors, semiconductor manufacturing equipment,
and critical components of semiconductor manufacturing
equipment that are, or are likely to become, critical to the
supply chains for the training or inference of the most
advanced artificial intelligence systems; and
\(2\) items that enable or could enable advanced model
performance, are associated with systems that pose
significant national security or strategic implications to
the United States, or are likely to be foundational to the
development of future advanced artificial intelligence
systems, including those not yet deployed or publicly
disclosed.
\(d\) Reference Class.—Where applicable, the Secretaries
shall provide context to all statistics regarding the PRC's
artificial intelligence power in the report by presenting the
PRC's capabilities and production numbers in comparison to
relevant United States and partner country production numbers
and capabilities.
\(e\) Coordination With Expert Entities.—In carrying out
this section, the Secretaries may consult and coordinate with
other Federal departments and agencies, private industry or
research organizations, Federally funded research and
development centers, national laboratories, academic
institutions, relevant media outlets, or any other entities
with expertise in semiconductor technologies, artificial
intelligence, or national security that the Secretaries
determine relevant.
\(f\) Avoidance of Duplication.—In carrying out this
section, the Secretaries shall, to the maximum extent
practicable, leverage existing and ongoing assessments,
analyses, intelligence products, collection efforts, and
reporting produced by covered agency heads and other Federal
departments and agencies, including elements of the
intelligence community \(as defined in section 3 of the
National Security Act of 1947 \(50 U.S.C. 3003\)\), to avoid
unnecessary duplication of Federal efforts.
\(g\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form and may contain a classified
annex.
\(h\) Mandatory Unclassified Elements.—In the unclassified
portion of the report required under subsection \(a\), the
Secretaries shall include, subject to the appropriate
treatment of classified information and protection of sources
and methods—
\(1\) the number of integrated circuits specifically designed
or optimized for advanced artificial intelligence training or
inference produced by leading entities in the PRC in the year
preceding submission of such report;
\(2\) the projected production numbers of integrated circuits
from the PRC specifically designed or optimized for advanced
artificial intelligence training or inference, including
identification of foundries responsible for such production,
for the year proceeding submission of such report; and
\(3\) the extent to which and ways artificial intelligence-
relevant technologies in the PRC, including integrated
circuits, models, semiconductor manufacturing equipment, and
humanoid robots are diffused in other countries, including
the United States.
\(i\) Definitions.—In this section:
\(1\) CCP.—The term “CCP” means the Chinese Communist
Party.
\(2\) Covered agency heads.—The term “covered agency
heads” means the—
\(A\) Secretary of Defense;
\(B\) Secretary of Energy;
\(C\) Director of National Intelligence;
\(D\) Director for the White House Office of Science and
Technology Policy; and
\(E\) head of any other relevant Federal department or agency
the Secretary determines necessary.
\(3\) PRC.—The term “PRC” means the People's Republic of
China.
\(4\) Secretaries.—The term “Secretaries” means the
Secretary of Commerce and the Secretary of State.
SA 6304. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. HISTORIC NAVAL SHIP PRESERVATION GRANT PROGRAM.
\(a\) Establishment.—There is established in the Department
of the Interior the Historic Naval Ship Preservation Grant
Program to support the physical preservation of historic
military vessels, ensuring the continued availability of
these vessels to the American public to educate on the past
and inspire the future of United States military maritime
endeavors.
\(b\) Administration.—The Program shall be administered by
the Secretary, in consultation with the Department of
Homeland Security and the Department of Defense.
\(c\) Grant Uses.—In carrying out the Program, the Secretary
may award grants, on a competitive basis, to eligible
entities for the following activities:
\(1\) Conserving and preserving historic military vessels at
covered sites, including—
\(A\) physical upkeep and repair of the vessels; and
\(B\) mitigating environmental hazards or damage to the
vessels.
\(2\) Implementing education and workforce development
programs related to military maritime careers, including
shipbuilding and submarine construction.
\(d\) Eligible Entities.—
\(1\) In general.—In carrying out the Program, the Secretary
may award grants to a unit of State or local government or a
private nonprofit organization that administers a covered
site.
\(2\) Application.—To be eligible for a grant under the
Program, an organization that administers a covered site
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
\(e\) Authorization of Appropriations.—There is authorized
to be appropriated to the Secretary to carry out the Program
$5,000,000 for fiscal year 2026 and each fiscal year
thereafter.
\(f\) Definition.—In this section:
\(1\) Covered site.—The term “covered site” means a
museum, memorial, monument, educational center, or other
venue that provides public access to, or publicly displays, a
historic military vessel.
\(2\) Historic military vessel.—The term “historic military
vessel” means a vessel
that has been decommissioned or otherwise removed from
service and—
\(A\) was owned and operated by the Department of Defense or
the Coast Guard, other than a time- or voyage-chartered
vessel;
\(B\) was owned and operated by the Department of
Transportation and designated by the Secretary of the
department in which the Coast Guard is operating as a vessel
equivalent to a vessel described in subparagraph \(A\); or
\(C\) was built for, or pursuant to a contract with, the
United States Maritime Commission or other legacy branch of
the Department of Transportation and at some point in the
vessel's service was equipped with armaments and embarked
Navy Armed Guard personnel to operate the armaments.
\(3\) Program.—The term “Program” means the Historic Naval
Ship Preservation Grant Program established by subsection
\(a\).
\(4\) Secretary.—The term “Secretary” means the Secretary
of the Interior, acting through the Director of the National
Park Service.
SA 6305. Mr. GRAHAM submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title X, insert
the following:
SEC. \_\_. SENSE OF CONGRESS ON NAMING A NAVY SHIP IN HONOR OF
THE BATTLE OF COWPENS.
\(a\) Findings.—Congress makes the following findings:
\(1\) On January 17, 1781, at the Battle of Cowpens, near
Chesnee, South Carolina, American forces engaged British
forces as part of the Southern Campaign of the American
Revolution.
\(2\) The defeat of British forces at the Battle of Cowpens
“became known as the turning point of the war in the South”
and was “part of a chain of events leading to Patriot
victory at Yorktown”.
\(3\) The United States Navy has named two warships after the
consequential Battle of Cowpens.
\(4\) The first USS Cowpens \(CVL-25\) was an Independence-
class light aircraft carrier and received 12 battle stars and
a Navy Unit Commendation for service to the United States
during World War II.
\(5\) The USS Cowpens \(CVL-25\) was known by the nickname the
“Mighty Moo”.
\(6\) During service in the Pacific theater in World War II,
the Mighty Moo conducted 2,452 action sorties, destroyed 306
enemy aircraft, sank 39 enemy merchant vessels, and became
the first light aircraft carrier to enter Tokyo Bay.
\(7\) On March 9, 1991, in Charleston, South Carolina, the
United States Navy commissioned the second USS Cowpens \(CG-
63\).
\(8\) The crew of the USS Cowpens \(CG-63\) proudly carried on
the tradition of calling the second vessel in the United
States Navy to be named after the Battle of Cowpens the
“Mighty Moo”.
\(9\) Throughout 33 years of service, the USS Cowpens \(CG-63\)
deployed in support of Operation Enduring Freedom and
Operation Iraqi Freedom as well various humanitarian and
disaster relief operations.
\(10\) The USS Cowpens \(CG-63\) was decommissioned in 2024.
\(11\) There is currently no ship in the United States Navy
that carries the name and tradition of the “Mighty Moo”.
\(b\) Sense of Congress.—It is the sense of Congress that
the Secretary of the Navy should name an appropriate United
States Navy ship in honor of the pivotal American
Revolutionary battle known as the “Battle of Cowpens”.
SA 6306. Mr. CORNYN \(for himself and Ms. Cortez Masto\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. INFORMATION ON CONCUSSION AND TRAUMATIC BRAIN INJURY
AMONG PUBLIC SAFETY OFFICERS.
Part J of title III of the Public Health Service Act \(42
U.S.C. 280b et seq.\) is amended by inserting after section
393D of such Act the following:
“SEC. 393E. INFORMATION ON CONCUSSION AND TRAUMATIC BRAIN
INJURY AMONG PUBLIC SAFETY OFFICERS.
“\(a\) In General.—The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall collect and make publicly available information on
concussion and traumatic brain injury among public safety
officers, including research related to evidence-based
practices and personal protective equipment recommendations,
and medical information related to diagnosing, protocols for
identifying and treating, and measures for reducing the
incidence of concussion and traumatic brain injury among
public safety officers.
“\(b\) Dissemination of Information.—
“\(1\) In general.—For purposes of making information
available under subsection \(a\), the Secretary shall—
“\(A\) update the website of the Centers for Disease Control
and Prevention with respect to traumatic brain injury; and
“\(B\) develop other means to disseminate such information
to—
“\(i\) medical professionals and public health
professionals, to improve care and treatment services
provided to public safety officers suffering from concussion
or traumatic brain injury;
“\(ii\) public safety employers and employee
representatives, to improve strategies and practices to
reduce the incidence of concussion and traumatic brain injury
resulting from firefighting, fire protection, law
enforcement, and other public safety activities;
“\(iii\) mental health professionals, to develop a better
understanding of the link between concussion and traumatic
brain injury and conditions such as trauma and stress related
disorders, mood disorders, and suicidal ideations;
“\(iv\) patients and their families, to improve awareness of
health care specialists in the area of concussion and
traumatic brain injury, and to improve patient understanding
of the effects of concussion and traumatic brain injury; and
“\(v\) institutions of higher education, including medical
schools and schools of public health, and other researchers.
“\(2\) Consultation.—In developing the website under
paragraph \(1\), the Secretary shall consult with the
individuals and entities described in clauses \(i\) through \(v\)
of paragraph \(1\)\(B\) to ensure that information collected and
disseminated best meets the needs of the public safety
community in terms of content, quality, and utility.
“\(3\) Additional dissemination activities.—The Secretary
may disseminate information described in subsection \(a\)
through arrangements with nonprofit organizations, labor
organizations and employee representatives, other
governmental organizations or entities, and the media.
“\(c\) Authorized Activities.—In carrying out this section,
the Secretary may support public and private efforts to
identify and create model guidelines, protocols, and
evidence-based practices to treat concussion and traumatic
brain injury in public safety officers, including through
grants, contracts, or cooperative agreements.
“\(d\) Definition.—In this section, the term \`public safety
officer' has the meaning given such term in section 1204 of
the Omnibus Crime Control and Safe Streets Act of 1968.”.
SA 6307. Mrs. BLACKBURN \(for herself and Mr. Warnock\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XXVIII, insert the
following:
SEC. 28. INSTALLATION SUPPORT SERVICES AND
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
\(a\) Definitions.—In this section:
\(1\) Intergovernmental support agreement.—The term
“intergovernmental support agreement” has the meaning given
that term in section 2679\(f\) of title 10, United States Code.
\(2\) Military installation.—The term “military
installation” has the meaning given that term in section
2801 of such title.
\(b\) Intergovernmental Support Agreement Data and Evaluation
Framework.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop and implement a uniform framework for the collection
and evaluation of data from intergovernmental support
agreements.
\(2\) Elements.—The framework required under paragraph \(1\)
shall include the following elements:
\(A\) The total number and value of all intergovernmental
support agreements in effect.
\(B\) An identification of each intergovernmental support
agreement in effect.
\(C\) For each intergovernmental support agreement identified
in subparagraph \(B\), the following:
\(i\) The duration and terms of the agreement.
\(ii\) The parties to the agreement.
\(iii\) The characteristics of the military installation and
mission for the agreement.
\(iv\) The characteristics of any other party to the
agreement.
\(v\) The services covered under the agreement.
\(D\) The financial and nonfinancial benefits, including
savings, and efficiencies gained.
\(3\) Policy to ensure consistent execution.—Not later than
one year after the implementation of the framework required
under paragraph \(1\), the Secretary shall implement a policy
to ensure consistent execution of such framework.
\(c\) Public Database and Toolkit.—
\(1\) Database.—
\(A\) In general.—Not later than one year after the
implementation of the framework required by subsection \(b\),
the Secretary of Defense shall establish a publicly
accessible, searchable database documenting intergovernmental
support agreement data.
\(B\) Contents.—The database required under subparagraph \(A\)
shall include—
\(i\) data from the framework required by subsection \(b\); and
\(ii\) a summary of each intergovernmental support agreement.
\(2\) Toolkit.—Not later than one year after the
implementation of the framework required by subsection \(b\),
the Secretary shall develop policy to ensure consistent
execution of such framework and maintain a toolkit to provide
standardized resources for military installations and
surrounding communities to support the development,
negotiation, and execution of intergovernmental support
agreements.
\(d\) Analysis and Report.—
\(1\) Analysis of intergovernmental support agreement data.—
\(A\) In general.—Not later than one year after the date of
the enactment of this Act, and every four years thereafter,
the Secretary of Defense shall conduct an analysis of the
intergovernmental support agreement data using the framework
developed under subsection \(b\).
\(B\) Contents.—The analysis required by subparagraph \(A\)
shall include the following:
\(i\) An assessment of usage trends disaggregated by
installation size, mission type, geographic location, and
characteristics of the parties to the intergovernmental
support agreements.
\(ii\) An identification of services most commonly covered by
intergovernmental support agreements, and the typical
duration and terms of such agreements.
\(iii\) An evaluation of barriers to adoption and execution,
including legal, fiscal, and administrative obstacles.
\(iv\) A determination of whether certain categories of
military installations are underutilizing intergovernmental
support agreements.
\(v\) An examination of financial and nonfinancial
performance outcomes, including cost savings, efficiencies
gained, and mission impacts.
\(2\) Report.—Not later than 90 days after the completion of
an analysis under paragraph \(1\), the Secretary of Defense
shall submit to Congress a report that includes—
\(A\) the findings of the analysis conducted under paragraph
\(1\);
\(B\) data on intergovernmental support agreements,
disaggregated by installation size, mission type, location,
and characteristics of the parties to the agreement; and
\(C\) recommendations for improving adoption, collaboration,
and execution of intergovernmental support agreements,
including recommendations for legislative changes.
\(e\) Modification of Authority of Department of Defense for
Installation Support Services and Intergovernmental Support
Agreements.—Section 2679 of title 10, United States Code, is
amended—
\(1\) in subsection \(a\)\(2\)—
\(A\) in subparagraph \(A\), by striking “; and” and
inserting a semicolon;
\(B\) in subparagraph \(B\), by striking the period and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(C\) may include, as an additional partner in the
agreement, any other Federal agency.”;
\(2\) in subsection \(c\), by striking “Funds available”
through “for that year” and inserting “The Secretary
concerned may use funds from any available source to pay for
installation-support services”; and
\(3\) in subsection \(f\)—
\(A\) in paragraph \(1\), by inserting “including the repair,
construction, maintenance, and operation of a facility on or
near an installation,” after “and support”;
\(B\) in paragraph \(2\), by inserting “public agency, public
joint powers agency, government corporation,” after “public
authority,”; and
\(C\) by adding at the end the following:
“\(5\) The term \`Federal agency' means any department,
independent establishment, commission, authority, board
bureau, office, administrative unit, or other entity of the
Federal Government.
“\(6\) The term \`Secretary concerned' means—
“\(A\) the Secretary of the Army, with respect to matters
concerning the Army, National Guard Bureau, and units of the
Army National Guard without regard to whether such units are
operating under the authority of this title or title 32,
provided such intergovernmental support agreements serve a
military purpose of the Department of Defense;
“\(B\) the Secretary of the Navy, with respect to matters
concerning the Navy and Marine Corps;
“\(C\) the Secretary of the Air Force, with respect to
matters concerning the Air Force, and the Space Force, and
units of the Air National Guard without regard to whether
such units are operating under the authority of this title or
title 32, provided such intergovernmental support agreements
serve a military purpose of the Department of Defense;
“\(D\) the Secretary of Defense, with respect to matters
concerning the Defense Agencies not otherwise covered by the
Army, Navy, Marine Corp, Air Force, or Space Force; and
“\(E\) the head of any other Federal agency without regard
to whether such agency is operating under the authority of
this title, provided such intergovernmental support
agreements will serve the best interests of the Department of
Defense.”.
SA 6308. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 320C. SHARING OF DEPARTMENT OF DEFENSE ENVIRONMENTAL
OBSERVATIONAL DATA.
\(a\) Requirement.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Defense, and
the Secretary of Commerce in coordination with the Secretary
of the Navy, the Secretary of the Air Force, and the Under
Secretary of Commerce for Oceans and Atmosphere, shall
establish a process under which the Secretary of Defense, on
a continual or recurring basis, shall review and share
environmental observational data collected by the Department
of Defense with the National Oceanic and Atmospheric
Administration for the purposes of improving weather, ocean,
space weather forecasting, or any other mission area of the
National Oceanic and Atmospheric Administration, as
determined by the Secretary of Defense.
\(b\) Data Eligible for Sharing.—The process established
under subsection \(a\) shall identify real-time, near real-
time, and longer-time series environmental observational data
that—
\(1\) may improve weather, ocean, or space weather forecasts;
\(2\) is able to be released in an unclassified or
declassified form;
\(3\) is free from redistribution restrictions in contract or
other written agreements; and
\(4\) can be shared in standard machine-readable formats and
includes metadata.
\(c\) Declassification Review.—In establishing the process
under subsection \(a\), the Secretary of Defense shall
establish procedures to review environmental observational
data for potential declassification or release in a manner
that protects sensitive sources and methods and preserves the
security of ongoing operations.
\(d\) Distribution Limitations for National Security.—In
establishing the process under subsection \(a\), the Secretary
of Defense and the Secretary of Commerce shall establish
procedures to review options and appropriate mechanisms to
conditionally limit distribution of certain military
environmental observational data provided under this section
during a national security crisis or war to deny adversary
use of such data while maintaining access by United States
civil agencies and non-adversarial nations.
\(e\) Report to Congress.—Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
and the Secretary of Commerce shall jointly submit to
Congress a report describing—
\(1\) categories of environmental observational data
identified for potential sharing under subsection \(a\);
\(2\) barriers to declassification or release of such data;
and
\(3\) recommendations to improve interagency data sharing and
any other relevant recommendations.
SA 6309. Ms. ERNST \(for herself, Mr. Coons, Mr. Young, Mr. Husted, Ms. Cortez Masto, and Mr. Scott of South Carolina\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . INCREASED LOAN LIMITS FOR SMALL MANUFACTURERS.
\(a\) Definitions.—Section 3 of the Small Business Act \(15
U.S.C. 632\) is amended by adding at the end the following:
“\(gg\) Small Manufacturer.—In this Act, the term \`small
manufacturer' means a small business concern—
“\(1\) the primary business of which is classified in sector
31, 32, or 33 of the North American Industrial Classification
System; and
“\(2\) all of the production facilities of which are located
in the United States.”.
\(b\) Small Business Act Loan Limits for Small
Manufacturers.—Section 7\(a\) of the Small Business Act \(15
U.S.C. 636\(a\)\) is amended—
\(1\) in paragraph \(3\)—
\(A\) in subparagraph \(A\)—
\(i\) by inserting “except as provided in subparagraph
\(B\),” before “if the total”;
\(ii\) by striking “would exceed $3,750,000” and inserting
the following: “would exceed—
“\(i\) $3,750,000”;
\(iii\) in clause \(i\), as so designated, by striking “,
except as provided in subparagraph \(B\);” and inserting “;
or”; and
\(iv\) by adding at the end the following:
“\(ii\) in the case of a borrower that is a small
manufacturer, $7,500,000 \(or if the gross loan amount would
exceed $10,000,000\);”; and
\(B\) in subparagraph \(B\)—
\(i\) by striking “would exceed $4,500,000” and inserting
the following: “would exceed—
“\(i\) $4,500,000”;
\(ii\) in clause \(i\), as so designated, by striking “section
7\(a\)\(14\) for export purposes; and” and inserting “paragraph
\(14\) for export purposes; or”; and
\(iii\) by adding at the end the following:
“\(ii\) in the case of a borrower that is a small
manufacturer, $9,000,000 \(or if the gross loan amount would
exceed $10,000,000\), of which not more than $8,000,000 may be
used for working capital, supplies, or financings under
paragraph \(14\) for export purposes; and”; and
\(2\) in paragraph \(14\)\(B\)\(i\), by striking “than
$5,000,000.” and inserting the following: “than—
“\(I\) except as provided in subclause \(II\), $5,000,000; or
“\(II\) in the case of a loan made to a small manufacturer,
$10,000,000.”.
\(c\) Small Business Investment Act of 1958 Loan Limits for
Small Manufacturers.—Section 502\(2\)\(A\)\(iii\) of the Small
Business Investment Act \(15 U.S.C. 696\(2\)\(A\)\(iii\)\) is amended
by striking “$5,500,000” and inserting “$10,000,000”.
\(d\) Inspector General Analysis.—Not later than 2 years
after the date of enactment of this Act, the Inspector
General of the Small Business Administration shall—
\(1\) conduct an analysis on the cohort of loans made under
the amendments made by subsections \(b\) and \(c\) of this
section during the 1-year period beginning on such date of
enactment to determine—
\(A\) the projected default rate;
\(B\) the early default rate; and
\(C\) whether the loan limit increases under the amendments
made by subsections \(b\) and \(c\) introduce additional risk,
such as increased default amounts, larger guaranty purchase
amounts, or other potential impacts to the requirement that
the loan programs under section 7\(a\) of the Small Business
Act \(15 U.S.C. 636\(a\)\) and title V of the Small Business
Investment Act of 1958 \(15 U.S.C. 695 et seq.\) operate at no
cost to the Government; and
\(2\) submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report regarding
the analysis under paragraph \(1\).
\(e\) Job Creation and Retention Report.—
\(1\) Definitions.—In this subsection—
\(A\) the term “Administrator” means the Administrator of
the Small Business Administration;
\(B\) the term “larger loan” means—
\(i\) a loan made or guaranteed under section 7\(a\) of the
Small Business Act \(15 U.S.C. 636\(a\)\) for which—
\(I\) the total amount outstanding and committed to the
borrower from the business loan and investment fund
established by the Small Business Act \(15 U.S.C. 631 et seq.\)
is more than $3,750,000; or
\(II\) the gross loan amount is more than $5,000,000; or
\(ii\) a loan made under section 502\(2\)\(A\)\(iii\) of the Small
Business Investment Act of 1958 \(15 U.S.C. 696\(2\)\(A\)\(iii\)\)
for which the gross loan amount is more than $5,500,000; and
\(C\) the term “small manufacturer” has the meaning given
that term in subsection \(gg\) of section 3 of the Small
Business Act \(15 U.S.C. 632\), as added by subsection \(a\) of
this section.
\(2\) Annual reports.—With respect to the year during which
this Act is enacted, and each of the next 4 years, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report regarding
larger loans to small manufacturers, broken out by whether
the loan was made under section 7\(a\) of the Small Business
Act \(15 U.S.C. 636\(a\)\) or section 502\(2\)\(A\)\(iii\) of the Small
Business Investment Act of 1958 \(15 U.S.C. 696\(2\)\(A\)\(iii\)\),
which shall include—
\(A\) the quotient obtained by dividing—
\(i\) the total dollar amount of larger loans awarded to
small manufacturers during the applicable year; by
\(ii\) the number of jobs that were created or retained by a
small manufacturer during the applicable year as a result of
the receipt of a larger loan; and
\(B\) an analysis of whether the award of larger loans to
small manufacturers prevented the loss of jobs by employees
of small manufacturers.
SA 6310. Mr. MORAN \(for himself and Ms. Cortez Masto\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10\_\_. ASSESSMENT AND REPORT ON THE SUPPLY CHAIN FOR THE
GENERATION AND TRANSMISSION OF ELECTRICITY.
\(a\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Energy and Natural Resources of the
Senate; and
\(B\) the Committee on Energy and Commerce of the House of
Representatives.
\(2\) Critical material.—The term “critical material” has
the meaning given the term in section 7002\(a\) of the Energy
Act of 2020 \(30 U.S.C. 1606\(a\)\).
\(3\) Electric reliability organization.—The term “Electric
Reliability Organization” has the meaning given the term in
section 215\(a\) of the Federal Power Act \(16 U.S.C. 824o\(a\)\).
\(4\) Electric utility.—The term “electric utility” has
the meaning given the term in section 3 of the Federal Power
Act \(16 U.S.C. 796\).
\(5\) Foreign entity of concern.—The term “foreign entity
of concern” has the meaning given the term in section
40207\(a\) of the Infrastructure Investment and Jobs Act \(42
U.S.C. 18741\(a\)\).
\(6\) Generation and transmission supply chain.—
\(A\) In general.—The term “generation and transmission
supply chain” means the supply chain for the generation and
transmission of electricity.
\(B\) Inclusions.—The term “generation and transmission
supply chain” includes components for or related to
generating or transmitting electricity, including—
\(i\) the manufacturing capacity and workforce necessary to
produce those components; and
\(ii\) the exploration, development, production, or
processing of the critical materials necessary to produce
those components.
\(7\) Relevant stakeholder.—
\(A\) In general.—The term “relevant stakeholder” means a
stakeholder that is involved in—
\(i\) the generation, storage, transmission, or distribution
of electricity; or
\(ii\) the supply chain for such generation, storage,
transmission, or distribution.
\(B\) Inclusions.—The term “relevant stakeholder”
includes—
\(i\) an electric utility;
\(ii\) an electric grid component manufacturer;
\(iii\) a person who constructs an electric generating
facility;
\(iv\) an electric power system cybersecurity expert;
\(v\) the Electric Reliability Organization;
\(vi\) a ratepayer advocacy stakeholder; and
\(vii\) any other related private sector stakeholder.
\(8\) Secretary.—The term “Secretary” means the Secretary
of Energy.
\(b\) Assessment.—In carrying out the requirements of the
Department of Energy Organization Act \(42 U.S.C. 7101 et
seq.\), the Secretary, in consultation with relevant
stakeholders, shall conduct periodic assessments of the
generation and transmission supply chain for purposes of
monitoring the generation and transmission supply chain.
\(c\) Report.—Not later than 1 year after the date of
enactment of this Act, and periodically thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report on the most recent assessment conducted
under subsection \(b\).
\(d\) Requirements.—Each report under subsection \(c\) shall—
\(1\) include information on—
\(A\) efforts and opportunities to strengthen, secure, and
expand the generation and transmission supply chain;
\(B\) any trends, risks, and vulnerabilities in the supply,
demand, and availability of components for or related to
generating or transmitting electricity, including components
that are necessary for the construction or deployment of
facilities that generate or transmit electricity;
\(C\) national security and energy security considerations
for strengthening, securing, and expanding the generation and
transmission supply chain;
\(D\) barriers to expanding—
\(i\) the capacity to manufacture components for or related
to generating or transmitting electricity in the United
States; and
\(ii\) the capacity to process critical materials in the
United States;
\(E\) domestic policies that deter or otherwise inhibit
greater investment into the generation and transmission
supply chain;
\(F\) the effects of any reliance of the United States on any
foreign entity of concern for—
\(i\) components for or related to generating or transmitting
electricity; and
\(ii\) the exploration, development, or production of
critical materials necessary for manufacturing such
components; and
\(G\) workforce challenges affecting the generation and
transmission supply chain;
\(2\) identify emerging issues in the generation and
transmission supply chain; and
\(3\) include recommendations—
\(A\) to address any emerging issues identified under
paragraph \(2\); and
\(B\) to secure and expand the generation and transmission
supply chain.
SA 6311. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction,
### and for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VI, add the following:
SEC. 639. MODIFICATION OF BENEFITS AND SERVICES FOR SURVIVING
SPOUSES WHO REMARRY.
\(a\) Continued Eligibility for Survivor Benefit Plan.—
Section 1450 of title 10, United States Code, is amended—
\(1\) in subsection \(b\)—
\(A\) in the section heading, by striking “, Remarriage
Before Age 55, etc.”;
\(B\) in paragraph \(2\)—
\(i\) in the paragraph heading, by striking “or remarriage
before age 55”; and
\(ii\) by striking “or, if the surviving spouse or former
spouse remarries before reaching age 55, until the surviving
spouse or former spouse remarries”; and
\(C\) by striking paragraph \(3\) and inserting the following
new paragraphs:
“\(3\) Effect of termination of subsequent marriage.—If the
surviving spouse or former spouse remarries and is also
entitled to an annuity under the Plan based upon the
subsequent marriage when the subsequent marriage is
terminated, the surviving spouse or former spouse may not
receive both annuities and shall elect which annuity to
receive.
“\(4\) Restoration of annuity for certain surviving
spouses.—In the case of a surviving spouse who remarried
before reaching age 55 and before the date of the enactment
of this paragraph, the Secretary shall resume payment of the
annuity to that surviving spouse—
“\(A\) except as provided by subparagraph \(B\), for each
month that begins on or after the date that is one year after
such date of enactment; or
“\(B\) on the first day of the first month beginning after
such date of enactment, in the case of a surviving spouse who
elected to transfer payment of that annuity to a surviving
child or children under the provisions of section
1448\(d\)\(2\)\(B\) of title 10, United States Code, as in effect
on December 31, 2019.”; and
\(2\) in subsection \(k\)\(1\)—
\(A\) in the paragraph heading, by striking “if beneficiary
55 years of age or more”;
\(B\) by striking “subsequently loses” and inserting
“lost”; and
\(C\) by striking “, and if at the time of such remarriage
the surviving spouse or former spouse is 55 years of age or
more” after “former spouse”.
\(b\) Expansion of Definition of Dependent Under TRICARE
Program to Include a Remarried Widow or Widower Whose
Subsequent Marriage Has Ended.—Section 1072\(2\) of title 10,
United States Code, is amended—
\(1\) in subparagraph \(H\), by striking “; and” and
inserting a semicolon;
\(2\) in subparagraph \(I\)\(v\), by striking the period at the
end and inserting “; and”; and
\(3\) by adding at the end the following new subparagraph:
“\(J\) a remarried widow or widower whose subsequent
marriage has ended due to death, divorce, or annulment.”.
SA 6312. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PRODUCTION OF 155MM ARTILLERY AMMUNITION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) production of 155mm artillery ammunition at a minimum
rate of at least 100,000 rounds per month should be a
national priority;
\(2\) the production rate described in paragraph \(1\) should
be sustained or increased over the next five years in order
to—
\(A\) fully meet all Army and Marine Corps annual training
requirements;
\(B\) fully restore stocks that were diverted to Ukraine;
\(C\) rebuild war reserve inventories for both the Army and
the Marine Corps to fully meet Secretary of Defense planning
guidance and associated inventory and war reserve levels;
\(D\) modernize the stockpile with the best performing
weapons; and
\(E\) regain world leadership through foreign military sales
of United States ammunition that not only generates United
States jobs but also ensures wartime interoperability with
our allies; and
\(3\) the Department of Army should be commended for its
aggressive and comprehensive leadership and response to 155mm
artillery production issues since 2022.
\(b\) Use of Funds.—Funds authorized to be appropriated by
this Act or appropriated by section 20004 of the Act entitled
“An Act to provide for reconciliation pursuant to title II
of H. Con. Res. 14”, approved July 4, 2025 \(Public Law 119-
21; 139 Stat. 115\) \(commonly known as the “One Big Beautiful
Bill Act”\) shall be used to—
\(1\) sustain or increase the monthly production rate of
155mm artillery ammunition with the goal of achieving the
Army's 100,000-round monthly minimum goal as quickly as
possible; and
\(2\) maintain or increase the monthly production rate in
each ongoing 155mm artillery production contract that was in
effect on the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2026 \(Public Law 119-60\)
annually until Secretary of Defense planning guidance and
associated inventory and war reserve objectives for 155mm
artillery ammunition are achieved.
SA 6313. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. \_\_. ROADMAP FOR B-1 BOMBER AIRCRAFT FORCE STRUCTURE AND
TRANSITION.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a
comprehensive roadmap detailing the readiness, future need,
basing, and modernization needs of the B-1 bomber aircraft
fleet.
\(b\) Elements.—The roadmap required by subsection \(a\) shall
include the following:
\(1\) A detailed schedule and rationale for the planned
divestment of B-1 bomber aircraft, including—
\(A\) a phased retirement timeline, location-specific
retirement plans for affected installations, and
infrastructure disposition;
\(B\) an assessment of resulting capability gaps and
mitigation strategies; and
\(C\) the budgetary and manpower impacts across the
retirement timeline.
\(2\) A strategy for maintaining the readiness of the B-1
bomber aircraft fleet during the reactivation period,
including—
\(A\) an update on current avionics and mission systems
modernization; and
\(B\) a review of the conventional weapons integration
roadmap.
\(3\) A feasibility assessment, in coordination with the
Chief of the National Guard Bureau and the Director of the
Air National Guard, for transitioning part of or all B-1
bomber aircraft operations to units of the Air National
Guard.
\(4\) An assessment of how the force structure of B-1 bomber
aircraft supports continuity of long-range conventional
strike capacity, including an analysis of —
\(A\) the role of B-1 bomber aircraft in current operational
plans; and
\(B\) the extent to which a Guard-integrated force can
fulfill requirements under those plans during transition.
\(5\) A detailed, integrated timeline with key milestones for
each of the elements described in paragraphs \(1\) through \(4\),
including—
\(A\) programmatic decision points requiring approval by the
Secretary of the Air Force or the Office of the Secretary of
Defense;
\(B\) congressional notification requirements associated with
basing changes or aircraft retirements under section 2687 of
title 10, United States Code, or other applicable statutes;
\(C\) resourcing requirements by fiscal year and program
objective memorandum alignment;
\(D\) risk assessments for each phase of the transition; and
\(E\) key interdependencies between transition milestones for
the B-1 bomber aircraft and related force structure actions
of the Air National Guard.
\(c\) Consultation.—In preparing the roadmap required by
subsection \(a\), the Secretary of the Air Force shall consult
with the Commander of the Air Force Global Strike Command,
the Commander of the Air Combat Command, the Chief of the
National Guard Bureau, and the Director of the Air National
Guard.
SA 6314. Mr. MORAN \(for himself and Mr. Schiff\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. \_\_. REPORT ON DIVESTITURE OF EXPEDITIONARY COMBAT
AVIATION BRIGADES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing an
analysis of the rationale for the divestiture of
Expeditionary Combat Aviation Brigades, including the
operational, financial, and strategic justifications for such
divestiture.
SA 6315. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title III, add the following:
SEC. 302. POINT DEFENSE BATTLE LAB \(PDBL\) PROGRAM.
\(a\) In General.—Of the amounts made available by this Act
for the Department of Defense for Operation and Maintenance,
Air Force Operating Forces, Air Operations Training,
$10,000,000 shall be made available for the Point Defense
Battle Lab \(PDBL\) program.
\(b\) Air Combat Command Funding.—Of the amounts made
available by subsection \(a\) for the Point Defense Battle Lab
\(PDBL\) program, $5,000,000 shall be made available to the
National Guard Bureau for operation and maintenance
procurement and operational activities in conjunction with
Air Combat Command \(ACC\).
\(c\) Use of Funds.—Amounts made available by this section
should be utilized to support the National Guard Bureau in
pursuing necessary upgrades to test and training facilities
to best complement the counter-UAS mission set of the active-
duty component conducting PDBL on behalf of ACC.
\(d\) Budget.—In order to help Congress consider future
funding priorities of ACC and NGB in the counter-UAS mission
context, not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to Congress a detailed budget and execution milestones
for the PDBL program.
SA 6316. Mr. MORAN \(for himself and Ms. Rosen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. 3\_\_. EXPANSION OF AUTHORITY OF DEPARTMENT OF DEFENSE FOR
INTERGOVERNMENTAL SUPPORT AGREEMENTS.
Section 2679 of title 10, United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(4\), by striking “provided in subsection
\(a\)” and inserting “under paragraph \(1\)”; and
\(B\) by adding at the end the following new paragraph:
“\(5\) In entering into or carrying out an intergovernmental
support agreement under paragraph \(1\), the Secretary
concerned or the State, local, or tribal government, as the
case may be, may agree to partner or collaborate with another
Federal agency or agencies to provide, receive, or share
installation-support services.”;
\(2\) in subsection \(c\), by striking the first sentence and
inserting the following: “To pay the costs of installation-
support services under an intergovernmental support agreement
under this section, the Secretary concerned may use funds
available to the Secretary concerned for operation and
maintenance, research, development, test, and evaluation,
procurement of ammunition, or military construction and may
use non-appropriated funds available to the Secretary
concerned.”; and
\(3\) in subsection \(f\)\(1\), by inserting “, including those
for repair, construction, maintenance, or operation of a
facility,” after “for its own needs”.
SA 6317. Ms. SLOTKIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. PROHIBITION ON USE OF TAXPAYER DOLLARS FOR
RECONSTRUCTION AND ECONOMIC DEVELOPMENT FUND
FOR IRAN.
\(a\) Sense of Congress.—It is the sense of Congress that no
taxpayer dollars should be used to establish, support,
finance, administer, contribute to, or otherwise facilitate
any fund or plan for the reconstruction and economic
development of the Islamic Republic of Iran, including the
$300,000,000,000 fund for the reconstruction and economic
development of the Islamic Republic of Iran outlined in
Islamabad Memorandum of Understanding between the Islamic
Republic of Iran and the United States of America signed by
President Trump on June 17, 2026 .
\(b\) Prohibition.—None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense may be obligated or expended to
establish, support, finance, administer, contribute to,
facilitate, or otherwise carry out any fund or plan for the
reconstruction and economic development of the Islamic
Republic of Iran.
\(c\) Rule of Construction.—The prohibition under subsection
\(b\) shall apply to the use of funds for any licenses,
waivers, permissions, administrative actions, logistical
support, security assistance, technical assistance, or other
activities of the Department of Defense necessary for or
related to relevant financial transactions in connection with
a fund or plan described in that subsection.
\(d\) Rule of Construction.—Nothing in this section may be
construed to prohibit the use of funds for intelligence
activities, force protection, defensive military operations,
the enforcement of sanctions, or the protection of United
States persons, the United States Armed Forces, or United
States facilities.
SA 6318. Ms. SLOTKIN \(for herself and Ms. Ernst\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. TREATMENT OF CERTAIN ACTIONS BY SECRETARY OF
DEFENSE UNDER THE DEFENSE PRODUCTION ACT OF
1950 FOR FEDERAL PERMITTING IMPROVEMENT
PURPOSES.
\(a\) In General.—Except as provided in subsection \(c\), an
action described in subsection \(b\) shall be—
\(1\) treated as a covered project, as defined in section
41001\(6\) of the FAST Act \(42 U.S.C. 4370m\(6\)\), without regard
to whether the action would qualify as a covered project
under that section; and
\(2\) included in the Permitting Dashboard maintained
pursuant to section 41003\(b\) of that Act \(42 U.S.C. 4370m-
2\(b\)\).
\(b\) Actions Described.—An action described in this
subsection is an action taken by the Secretary of Defense
pursuant to Presidential Determination 2022-11 \(87 Fed. Reg.
19775; relating to certain actions under section 303 of the
Defense Production Act of 1950\) or the Presidential
Memorandum of February 27, 2023, titled “Presidential Waiver
of Statutory Requirements Pursuant to Section 303 of the
Defense Production Act of 1950, as amended, on Department of
Defense Supply Chains Resilience” \(88 Fed. Reg. 13015\) to
create, maintain, protect, expand, or restore sustainable and
responsible domestic production capabilities through—
\(1\) supporting feasibility studies for mature mining,
beneficiation, and value-added processing projects;
\(2\) byproduct and co-product production at existing mining,
mine waste reclamation, and other industrial facilities;
\(3\) modernization of mining, beneficiation, and value-added
processing to increase productivity, environmental
sustainability, and workforce safety; or
\(4\) any other activity authorized under section 303\(a\)\(1\)
of the Defense Production Act of 1950 \(50 U.S.C. 4533\(a\)\(1\)\).
\(c\) Exception.—An action described in subsection \(b\) may
not be treated as a covered project or be included in the
Permitting Dashboard under subsection \(a\) if the project
sponsor \(as defined in section 41001\(18\) of the FAST Act \(42
U.S.C. 4370m\(18\)\)\) requests that the action not be treated as
a covered project.
SA 6319. Ms. SLOTKIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. COUNTER UNMANNED AERIAL SYSTEMS AUTHORITY FOR
NATIONAL GUARD.
Section 130i\(a\) of title 10, United States Code, is amended
by inserting “members of the National Guard performing duty
under sections 328, 502, or 709 of title 32,” after
“members of the armed forces and officers,”.
SA 6320. Ms. SLOTKIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. TERMINATION OF CERTAIN ACTIVATION AUTHORITIES.
\(a\) Authority for Posse Comitatus Exceptions.—Section 1385
of title 18, United States Code, is amended—
\(1\) by striking “Whoever” and inserting “\(a\) In
General.—Whoever”; and
\(2\) by adding at the end the following new subsections:
“\(b\) Congressional Authority to Terminate.—Congress may
terminate any exception to subsection \(a\) at any time by
enacting a joint resolution of disapproval as described under
subsection \(c\).
“\(c\) Joint Resolution of Disapproval.—
“\(1\) In general.—In this subsection, the term \`joint
resolution of disapproval' means only a joint resolution of
either House of Congress—
“\(A\) the title of which is as follows: \`A joint resolution
expressing congressional disapproval of the deployment of
Armed Forces in \[\].', with the blank space being filled
with the location prohibited; and
“\(B\) the sole matter after the resolving clause of which
is the following: \`Congress prohibits the deployment of Armed
Forces under title \[\], United States Code, with respect to
\[\] in \[\] for \[\].', with the first blank space
being filled with the title under which authority to send
troops was provided, the second blank space being filled with
a short description of the military actions prohibited, the
third blank space being filled with the location where the
deployment is prohibited, and the fourth blank space being
filled with the duration of the prohibition.
“\(2\) Introduction.—A joint resolution of disapproval may
be introduced—
“\(A\) in the Senate, by the majority leader \(or the
majority leader's designee\) or the minority leader \(or the
minority leader's designee\); and
“\(B\) in the House of Representatives, by the Speaker of
the House or the minority leader.
“\(3\) Consideration in the senate.—
“\(A\) Committee referral.—A joint resolution of
disapproval introduced in the Senate shall be referred to the
Committee on Armed Services of the Senate.
“\(B\) Reporting and discharge.—If the Committee on Armed
Services of the Senate has not reported a joint resolution of
disapproval within 5 calendar days after the date of referral
of the joint resolution, that committee shall be discharged
from further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate calendar.
“\(C\) Proceeding to consideration.—Notwithstanding Rule
XXII of the Standing Rules of the Senate, it is in order at
any time after the Committee on Armed Services reports a
joint resolution of disapproval to the Senate or has been
discharged from consideration of such a joint resolution
\(even though a previous motion to the same effect has been
disagreed to\) to move to proceed to the consideration of the
joint resolution, and all points of order against the joint
resolution \(and against consideration of the joint
resolution\) are waived. The motion to proceed is not
debatable. The motion is not subject to a motion to postpone.
A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
“\(D\) Rulings of the chair on procedure.—Appeals from the
decisions of the Chair relating to the application of the
rules of the Senate, as the case may be, to the procedure
relating to a joint resolution of disapproval shall be
decided without debate.
“\(E\) Consideration of veto messages.—Debate in the Senate
of any veto message with respect to a joint resolution of
disapproval, including all debatable motions and appeals in
connection with the joint resolution, shall be limited to 10
hours, to be equally divided between, and controlled by, the
Majority Leader and the Minority Leader or their designees.
“\(F\) Floor consideration in the house of
representatives.—If a committee of the House of
Representatives to which a joint resolution of disapproval
has been referred has not reported the joint resolution
within 5 calendar days after the date of referral, that
committee shall be discharged from further consideration of
the joint resolution.
“\(4\) Rules relating to the senate and the house of
representatives.—
“\(A\) Treatment of house of representatives joint
resolution in senate.—
“\(i\) Receipt before passage of senate resolution.—If,
before the passage by the Senate of a joint resolution of
disapproval, the Senate receives an identical joint
resolution from the House of Representatives, the following
procedures shall apply:
“\(I\) That joint resolution shall not be referred to a
committee.
“\(II\) With respect to that joint resolution—
“\(aa\) the procedure in the Senate shall be the same as if
no joint resolution had been received from the House of
Representatives; but
“\(bb\) the vote on passage shall be on the joint resolution
from the House of Representatives.
“\(ii\) Receipt following passage of senate resolution.—If,
following passage of a joint resolution of disapproval in the
Senate, the Senate receives an identical joint resolution
from the House of Representatives, that joint resolution
shall be placed on the appropriate Senate calendar.
“\(iii\) No companion resolution.—If a joint resolution of
disapproval is received from the House of Representatives,
and no companion joint resolution has been introduced in the
Senate, the Senate procedures under this subparagraph shall
apply to the House of Representatives joint resolution.
“\(B\) Treatment of senate joint resolution in house of
representatives.—In the House of Representatives, the
following procedures shall apply to a joint resolution of
disapproval received from the Senate \(unless the House of
Representatives has already passed a joint resolution
relating to the same proposed action\):
“\(i\) The joint resolution shall be referred to the
Committee on Armed Services of the House of Representatives.
“\(ii\) If the Committee on Armed Services of the House of
Representatives has not reported the joint resolution within
two calendar days after the date of referral, that committee
shall be discharged from further consideration of the joint
resolution.
“\(iii\) Beginning on the third legislative day after the
Committee on Armed Services of the House of Representatives
reports the joint resolution to the House of Representatives
or has been discharged from further consideration thereof, it
shall be in order to move to proceed to consider the joint
resolution in the House of Representatives. All points of
order against the motion are waived. Such a motion shall not
be in order after the House of Representatives has disposed
of a motion to proceed on the joint resolution. The previous
question shall be considered as ordered on the motion to its
adoption without intervening motion. The motion shall not be
debatable. A motion to reconsider the vote by which the
motion is disposed of shall not be in order.
“\(iv\) The joint resolution shall be considered as read.
All points of order against the joint resolution and against
its consideration are waived. The previous question shall be
considered as ordered on the joint resolution to final
passage without intervening motion except two hours of debate
equally divided and controlled by the sponsor of the joint
resolution \(or a designee\) and an opponent. A motion to
reconsider the vote on passage of the joint resolution shall
not be in order.
“\(C\) Inapplicability to revenue measure in house of
representatives.—The provisions of this paragraph shall not
apply in the House of Representatives to a joint resolution
of disapproval that is a revenue measure.
“\(D\) Rules of senate and house of representatives.—This
paragraph is enacted by Congress—
“\(i\) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is deemed a part of the rules of each House, respectively,
and supersedes other rules only to the extent that it is
inconsistent with such rules; and
“\(ii\) with full recognition of the constitutional right of
either House to change the rules \(so far as relating to the
procedure of that House\) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
“\(5\) Congressional intent.—If a joint resolution of
disapproval with respect to the deployment of the Armed
Forces in a particular location is not introduced or enacted,
no court or agency may infer any intent of Congress from any
action or inaction of Congress with regard to such joint
resolution of disapproval.
“\(d\) Severability.—If any provision of this section, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this section and the application of this section to any
other person or circumstance shall not be affected.”.
\(b\) Termination Authority for Section 12406 Activations.—
Section 12406 of title 10, United States Code, is amended—
\(1\) by striking “Whenever—” and inserting “\(a\) In
General.—Whenever”; and
\(2\) by adding at the end the following new subsections:
“\(b\) Congressional Authority to Terminate.—Congress may
terminate any activation pursuant to subsection \(a\) at any
time by enacting a joint resolution of disapproval.
“\(c\) Joint Resolution of Disapproval.—In this section,
the term \`joint resolution of disapproval' has the meanings
given such term under subsection \(c\) of section 1385 of title
18.
“\(d\) Severability.—If any provision of this section, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this section and the application of this section to any
other person or circumstance shall not be affected.”.
SA 6321. Ms. SLOTKIN \(for herself, Ms. Baldwin, Mr. Gallego, Mr. Kelly, Ms. Klobuchar, Mr. Padilla, Ms. Rosen, Mr. Warnock, Mr. Hickenlooper, and Ms. Duckworth\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROTECT OUR POLLS ACT.
\(a\) Short Title.—This section may be cited as the
“Protect Our Polls Act”.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) sending troops or armed men to the polls has been
federally criminalized for more than 150 years through under
the provisions codified in sections 592 and 593 of title 18,
United States Code, punishable by up to 5 years in prison;
\(2\) such section 592 contains a limited exception to this
prohibition under which troops or armed men may only be used
to repel armed enemies of the United States; and
\(3\) such exception has never been exercised.
\(c\) Notification and Congressional Disapproval Process for
Troops or Armed Men at Polls.—
\(1\) In general.—Chapter 29 of title 18, United States
Code, is amended by inserting after section 592 the
following:
“Sec. 592a. Congressional action
“\(a\) Notification Requirement.—Not less than 48 hours
before troops or armed men, including Federal law enforcement
officers, are intended to be sent to any place where a
general or special election is held to repel armed enemies of
the United States under section 592, or any other provision
of law, the head of the agency in charge of the troops or
armed men shall transmit to the Majority Leader of the
Senate, the Speaker of the House of Representatives, and the
committees of jurisdiction \(as defined in section 6329b\(a\) of
title 5\) over the agencies to which the troops or armed men
report, an unclassified report containing—
“\(1\) the number of troops or armed men that are expected
to be sent to places where those elections are being held,
their unit or units, a description of their responsibilities,
and the duration of the order;
“\(2\) the specific intelligence that supports the claim
that armed enemies of the United States are threatening the
places where those elections are being held, with an
unclassified summary and a classified annex;
“\(3\) the geographical area to which the troops or armed
men will be sent, with specificity on the location of the
places at which they will be stationed;
“\(4\) the legal authorization, if any, used to provide
affirmative authority for the activation of armed forces;
“\(5\) the training these troops or armed men are given to
interact with civilian populations; and
“\(6\) the detailed justification that State and local
forces are unable to repel the armed enemies of the United
States without Federal intervention.
“\(b\) Congressional Calendar.—
“\(1\) In general.—If, when the report under subsection \(a\)
is transmitted, the Congress has adjourned sine die or has
adjourned for any period, the Speaker of the House of
Representatives and the President pro tempore of the Senate,
if they deem it advisable \(or if petitioned by not less than
30 percent of the membership of their respective Houses\)
shall jointly request the President to convene Congress in
order that it may consider the report and take appropriate
action pursuant to this section.
“\(2\) Briefing.—When Congress reconvenes, the Secretary of
Defense, Director of National Intelligence, and Director of
the Federal Bureau of Investigation shall immediately provide
a classified briefing to the Senate and the House of
Representatives on the armed enemies of the United States
threat that necessitates the use of troops at places where
elections are being held.
“\(c\) Expedited Congressional Review.—
“\(1\) In general.—Any use of troops or armed men at any
place where a general or special election is held for the
purpose of repelling armed enemies of the United States shall
only be authorized if Congress, prior to any deployment,
enacts a joint resolution originating in either House.
“\(2\) Consideration.—
“\(A\) Committee referral.—A joint resolution under
paragraph \(1\) shall be referred to the committee of
jurisdiction \(as defined in section 6329b\(a\) of title 5\) over
the agencies to which the troops or armed men report, and
such committee shall report one such joint resolution not
later than 20 hours after transmission of the report under
section \(a\), unless such House shall otherwise determine by
yeas and nays.
“\(B\) Pending business.—A joint resolution reported under
subparagraph \(A\) shall become the pending business of the
House in question \(in the case of the Senate the time for
debate shall be equally divided between the proponents and
the opponents\), and shall be voted on not later than 10 hours
thereafter, unless such House shall otherwise determine by
yeas and nays.
“\(C\) Referral to other house committee.—A joint
resolution passed by one House under subparagraph \(B\) shall
be referred to the committee of the other House \(as
determined under subsection \(a\)\) and shall be reported out
not later 12 hours before troops or armed men are to be sent
to polling places to repel armed enemies of the United States
under section 592. The joint resolution so reported shall
become the pending business of the House in question and
shall be voted on not later than 6 hours after it has been
reported, unless such House shall otherwise determine by yeas
and nays.
“\(d\) Severability.—If any provision of this section, or
any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this section and the application of this section to any
other person or circumstance shall not be affected.”.
\(2\) Clerical amendment.—The table of sections for chapter
29 of title 18, United States Code, is amended by inserting
after the item relating to section 592 the following:
“592a. Congressional action.”.
\(d\) Amendments to Civil Rights Act of 1960.—
\(1\) In general.—Section 301 of the Civil Rights Act of
1960 \(52 U.S.C. 20701\) is amended—
\(A\) by striking “Every officer” and inserting the
following:
“\(a\) In General.—Every officer”;
\(B\) in subsection \(a\), as so designated, in the second
sentence, by striking “this section” and inserting “this
subsection”; and
\(C\) by adding at the end the following:
“\(b\) Condition on Availability of Funds.—No funds may be
appropriated or otherwise made available to the armed forces,
as defined in section 101\(a\)\(4\) of title 10, United States
Code, or any Executive agency, as defined in section 105 of
title 5, United States Code, for the purpose of authorizing
or ordering any troops or armed men under the authority or
control of such entity to access any record or paper required
under subsection \(a\) to be retained and preserved, regardless
of the date on which the record or paper came into the
possession of the officer of election or custodian required
to retain and preserve the record or paper.
“\(c\) Rule of Construction.—Nothing in this section shall
be construed to prevent any member of the armed forces, as
defined in section 101\(a\)\(4\) of title 10, United States Code,
or any individual under the authority or control of any
Executive agency, as defined in section 105 of title 5,
United States Code, from exercising the right of suffrage in
any district to which that individual may belong, if
otherwise qualified according to the laws of the State of
such district.”.
\(2\) Technical and conforming amendments.—Title III of the
Civil Rights Act of 1960 \(52 U.S.C. 20701 et seq.\) is
amended—
\(A\) in section 302 \(52 U.S.C. 20702\), by striking “section
301” and insert “section 301\(a\)”; and
\(B\) in section 303 \(52 U.S.C. 20703\), by striking “section
301” and insert “section 301\(a\)”.
\(3\) Sunset.—This section and the amendments made by this
section shall cease to have effect on January 20, 2029.
SA 6322. Ms. SLOTKIN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . EXPANSION OF DEFENSE PRODUCTION ACT OF 1950 TO
ADDRESS HOUSING.
The Defense Production Act of 1950 \(50 U.S.C. 4501 et seq.\)
is amended—
\(1\) in section 2\(a\)\(5\) \(50 U.S.C. 4502\(a\)\(5\)\), by inserting
“and residential construction and rehabilitation” after
“domestic energy”; and
\(2\) in section 702\(14\) \(50 U.S.C. 4552\(14\)\), by inserting
“, housing,” after “programs for military”.
SA 6323. Ms. ROSEN \(for herself, Ms. Ernst, and Mr. Booker\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. REPORT AND STRATEGY ON INCREASING MEMBERSHIP IN
THE COMPREHENSIVE SECURITY INTEGRATION AND
PROSPERITY AGREEMENT.
\(a\) Sense of Congress.—It is the sense of Congress that
the United States and the Kingdom of Bahrain share an
important strategic partnership reflected in joint naval
equities and defense of commercial shipping routes.
\(b\) Report and Strategy on Increasing Membership in the
Comprehensive Security Integration and Prosperity
Agreement.—
\(1\) Report.—
\(A\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall develop and
submit to the appropriate congressional committees a report
that includes a strategy to increase membership in the
Comprehensive Security Integration and Prosperity Agreement
\(CSIPA\).
\(B\) Elements.—The report required by subparagraph \(A\)
shall also include an analysis of—
\(i\) the comprehensive strategic benefits of CSIPA, the role
of CSIPA in supporting United States national security
interests in the region, and how CSIPA supports the U.S.
Naval Fifth Fleet;
\(ii\) the long-term benefits of widened CSIPA membership and
how the CSIPA framework can be altered to foster broader
regional security and bolster regional deterrence, what
resources would be needed to expand CSIPA membership to
include other regional partners, and any domestic or regional
barriers limiting CSIPA expansion;
\(iii\) the extent to which the parties to CSIPA developed
and implemented defense and deterrent responses following
February 28, 2026;
\(iv\) the extent to which the provision of defense articles
and services have been affected following February 28, 2026;
\(v\) actions taken to bolster defense and security
cooperation among the parties to CSIPA and in the region;
\(vi\) actions taken to deepen and strengthen economic
integration among the parties to CSIPA and in the region;
\(vii\) actions taken to increase scientific and
technological cooperation among the parties to CSIPA and in
the region; and
\(viii\) opportunities for further collaboration between the
United States and other parties to CSIPA.
\(2\) Strategy.—
\(A\) In general.—Not later than 180 days after the
submission of the report required by paragraph \(1\), the
Secretary of State shall develop and submit to the
appropriate congressional committees a strategy on how to
best engage allied countries in the Middle East and outside
of the Middle East to join CSIPA and affirmative steps the
United States can take to increase membership in that
agreement.
\(B\) Briefing required.—Not later than 60 days after the
date on which the Secretary of State develops the strategy
required by this paragraph, the Secretary shall submit to the
appropriate congressional committees a briefing on a plan for
implementing the strategy.
\(3\) Form.—The report required by paragraph \(1\) and the
strategy required by paragraph \(2\) shall be submitted in
unclassified form, but may contain a classified annex.
\(4\) Appropriate congressional committees defined.—In this
subsection, the term “appropriate congressional committees”
means—
\(A\) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SA 6324. Ms. ROSEN \(for herself and Mr. McCormick\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Houthi Human Rights Accountability
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Houthi Human Rights
Accountability Act”.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) Houthi efforts to indoctrinate Yemenis into a violent,
anti-Semitic, and extremist worldview are a threat to a
Yemeni-led peace process and to regional stability; and
\(2\) it is counter to United States policy to provide
support to the Houthis in Yemen, including by supporting any
efforts by the Houthis to indoctrinate, coerce, or force
Yemenis to conform to their violent, anti-Semitic, and
extremist worldview.
SEC. 1273. REPORT ON HOUTHI INDOCTRINATION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on—
\(1\) Houthi efforts to indoctrinate Yemenis into a violent,
anti-Semitic, or extremist worldview; and
\(2\) the long-term threat this indoctrination campaign poses
to regional stability.
SEC. 1274. REPORT ON OBSTACLES TO PROVISION OF HUMANITARIAN
AID IN AREAS OF YEMEN UNDER DE FACTO HOUTHI
CONTROL.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on obstacles to the provision of humanitarian aid by
international organizations and nongovernmental organizations
in areas of Yemen under de facto Houthi control.
\(b\) Matters To Be Included.—The report required by
subsection \(a\) shall include the following:
\(1\) An identification of challenges to distribution of
humanitarian aid created by Houthi-enforced rules,
regulations, and bureaucracy with respect to access, and
freedom of movement, and the overall impact on such rules,
regulations, and bureaucracy have on the international
community's ability to distribute such aid in a manner
consistent with basic humanitarian principles.
\(2\) An assessment of attempted Houthi interference in the
delivery of humanitarian aid, including the manipulation or
undue influence of beneficiary lists or related data for
political or military purposes, and the implications of any
interference on civilian needs and aid distribution.
\(3\) An evaluation of the Houthis' use of violence and
intimidation against humanitarian workers and diplomats,
including current and former United States Embassy locally
employed staff.
\(4\) An overview of the steps the United States and its
partners are taking to ensure humanitarian assistance is
delivered unhindered and consistent with basic humanitarian
principles, including how United States-supported
organizations respond to attempted Houthi diversion or
interference.
\(c\) Scope.—The report required by subsection \(a\) shall
address the period beginning on January 1, 2020, and ending
on the date that is 90 days after date of the enactment of
this Act.
SEC. 1275. REPORT ON HUMAN RIGHTS ABUSES COMMITTED BY THE
HOUTHIS.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
on human rights abuses committed by the Houthis, including
gender-based discrimination and violence, including—
\(1\) Mahram regulations;
\(2\) the recruitment and use of child soldiers;
\(3\) enforced disappearance;
\(4\) prolonged and arbitrary detention;
\(5\) conduct that amounts to torture; and
\(6\) unlawful killing.
\(b\) Scope.—The report required by subsection \(a\) shall
address the period beginning on March 1, 2015, and ending on
the date that is 90 days after date of the enactment of this
Act.
SEC. 1276. SANCTIONS AUTHORIZED UNDER THE GLOBAL MAGNITSKY
HUMAN RIGHTS AND ACCOUNTABILITY ACT.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a determination on whether foreign persons
described in subsection \(b\) meet the criteria for sanctions
authorized under the Global Magnitsky Human Rights and
Accountability Act \(subtitle F of title XII of Public Law
114-328; 22 U.S.C. 2656 note\) or are responsible for acts
that constitute gross violations of internationally
recognized human rights \(as defined in section 502B\(d\)\(1\) of
the Foreign Assistance Act of 1961 \(22 U.S.C. 2304\(d\)\(1\)\)\).
\(b\) Persons Described.—A foreign person described in this
subsection is a foreign person that—
\(1\) is a member of the Houthis; and
\(2\) knowingly—
\(A\) imposes unlawful restrictions on the delivery of
humanitarian assistance in Yemen; or
\(B\) engages in the human rights abuses described in section
5\(a\).
SEC. 1277. SANCTIONS AUTHORIZED UNDER THE ROBERT LEVINSON
HOSTAGE TAKING AND ACCOUNTABILITY ACT.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a determination on whether foreign persons
described in subsection \(b\) meet the criteria for sanctions
authorized under the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act \(22 U.S.C. 1741 et seq.\),
and Executive Order 14078 \(22 U.S.C. 1741 note prec.;
relating to bolstering efforts to bring hostages and
wrongfully detained United States nationals home\).
\(b\) Persons Described.—A foreign person described in this
subsection is a foreign person that—
\(1\) is a member of the Houthis; and
\(2\)\(A\) is responsible for or is complicit in, or
responsible for ordering, controlling, or otherwise
directing, the hostage taking of a United States national
abroad or the unlawful or wrongful detention of a United
States national abroad; or
\(B\) knowingly provides financial, material, or
technological support for, or goods or services in support
of, an activity described in subparagraph \(A\).
SEC. 1278. SUNSET.
This subtitle shall have no force or effect beginning on
the date that is 5 years after the date of the enactment of
this Act.
SEC. 1279. DEFINITIONS.
In this subtitle—
\(1\) the term “appropriate congressional committees”
means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Appropriations of the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Appropriations of the House of
Representatives;
\(2\) the term “foreign person” means a person that is not
a United States person;
\(3\) the term “Houthis” refers to persons officially known
as “Ansarallah”;
\(4\) the term “person” means and individual or entity; and
\(5\) the term “United States person” means—
\(A\) a national of the United States;
\(B\) an alien who is lawfully present in the United States;
or
\(C\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SA 6325. Ms. ROSEN \(for herself, Mr. Curtis, Mr. Kaine, and Mr. Scott of South Carolina\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Critical Mineral Mining Education
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Critical Mineral Mining
Education Act of 2026”.
SEC. 1272. FINDINGS.
Congress finds the following:
\(1\) The United States mining industry and, more broadly,
mining and mineral processing and refining, is widely
reported as facing a significant personnel shortage.
\(2\) This shortage is driven by an aging workforce,
declining numbers of graduates entering mining careers, and
difficulty recruiting and retaining skilled workers.
\(3\) Fifty percent of the current mining workforce is
expected to retire within the next 5 years.
\(4\) As of 2023, only 14 United States universities and
colleges had mining and mining engineer programs.
\(5\) Downstream segments, such as ore processing, refining,
and metallurgy, are affected by the same workforce trends.
\(6\) Institutions and personnel from allied countries with
mining expertise can share their knowledge and experience
with the United States workforce through education exchange
programs.
SEC. 1273. DEFINITIONS.
The Mutual Educational and Cultural Exchange Act of 1961
\(Public Law 87-256; 22 U.S.C. 2451 et seq.\) is amended by
inserting after section 101 the following:
“SEC. 101A. DEFINITIONS.
“In this Act:
“\(1\) Advanced degree.—The term \`advanced degree' means a
degree from an institution of higher education that is a
master's or doctoral degree.
“\(2\) Critical mineral.—The term \`critical mineral'—
“\(A\) has the meaning given such term in section 7002\(a\)\(3\)
of the Energy Act of 2020 \(division Z of Public Law 116-260;
30 U.S.C. 1606\(a\)\(3\)\); and
“\(B\) includes gold, and copper, and any other mineral or
mineral material the Secretary of State determines—
“\(i\) to be essential to the economic or national security
of the United States; and
“\(ii\) has a supply chain vulnerable to disruption.
“\(3\) Excess foreign currencies.—The term \`excess foreign
currencies' means foreign currencies, which, if acquired by
the United States—
“\(A\) would be in excess of the normal requirements of
departments, agencies, and embassies of the United States for
such currencies, as determined by the President; and
“\(B\) would be available for the use of the United States
Government under applicable agreements with the foreign
country concerned.
“\(4\) Federal employee.—The term \`Federal employee'—
“\(A\) means any employee described in subparagraphs \(A\)
through \(F\) of section 7342\(a\)\(1\) of title 5, United States
Code; and
“\(B\) does not include a person described in subparagraph
\(G\) of such section.
“\(5\) Government-sponsored international exchanges and
training.—The term \`Government-sponsored international
exchanges and training' means the movement of people between
countries, financed wholly or in part with United States
Government funds—
“\(A\) to promote the sharing of ideas;
“\(B\) to develop skills; and
“\(C\) to foster mutual understanding and cooperation.
“\(6\) Institution of higher education.—The term
\`institution of higher education' has the meaning given such
term in section 101\(a\) of the Higher Education Act of 1965
\(20 U.S.C. 1001\(a\)\).
“\(7\) Historically black college and university.—The term
\`historically Black college and university' has the meaning
given the term \`part B institution' in section 322\(2\) of the
Higher Education Act of 1965 \(20 U.S.C. 1061\(2\)\).
“\(8\) Mining education program.—The term \`Mining Education
Program' means an academic program related to the mining
industry.
“\(9\) Mining industry.—The term \`mining industry' means
the mining industry of the United States, which consists of
activities related to naturally occurring metal and nonmetal
critical minerals, including—
“\(A\) geological mapping, geophysical surveying,
geochemical sampling, and management of geological data;
“\(B\) mineral system analysis, exploration, and resource
delineation, including exploratory drilling and resource
estimation and classification;
“\(C\) project development, feasibility studies, financing,
and permitting;
“\(D\) mine construction, extraction, and operational
support activities;
“\(E\) mineral processing, beneficiation, smelting,
refining, chemical conversion, and separation;
“\(F\) material conversion and advanced materials
manufacturing;
“\(G\) transportation, logistics, and handling of
intermediate and finished material products; and
“\(H\) reclamation, remediation, reuse, recycling, and
recovery of materials from primary and secondary sources,
including mine waste and end-of-life products.
“\(10\) Mining profession.—The term \`mining profession'
means the body of jobs directly related to the mining
industry.
“\(11\) Minority serving institution.—The term \`minority-
serving institution' means an eligible institution under
section 371\(a\) of the Higher Education Act of 1965 \(20 U.S.C.
1067q\(a\)\).”.
SEC. 1274. CRITICAL MINERAL MINING FELLOWSHIP PROGRAM.
The Mutual Educational and Cultural Exchange Act of 1961,
as amended by section 3, is further amended by adding at the
end the following:
“SEC. 116. CRITICAL MINERAL MINING FELLOWSHIP PROGRAM.
“\(a\) Establishment.—There is authorized to be established
the Critical Mineral Mining Fellowship Program \(referred to
in this section as the \`Fellowship Program'\) within the J.
William Fulbright Educational Exchange Program.
“\(b\) Purposes.—The purposes of the Fellowship Program
are—
“\(1\) to advance foreign policy priorities of the United
States by promoting studies, research, and international
exchange in the mining industry;
“\(2\) to send United States students to mining institutions
abroad to build the capacity of the United States mining
workforce;
“\(3\) to develop a robust and skilled workforce that can
support and fill the gaps of the United States growing
domestic critical mineral supply chain; and
“\(4\) to reduce dependency on foreign energy and critical
mineral supplies and enhance competitiveness of the United
States within the global critical mineral marketplace.
“\(c\) Administration.—The Bureau of Educational and
Cultural Affairs of the Department of State \(referred to in
this section as the \`Bureau'\) shall administer the Fellowship
Program in accordance with policy guidelines established by
the Fulbright Foreign Scholarship Board \(referred to in this
section as the \`Board'\), in consultation with binational
Fulbright Commissions, mining industry leaders, institutions
of higher education, foreign governments, and United States
embassies in eligible countries.
“\(d\) Selection of Fellows.—
“\(1\) In general.—The Bureau shall determine the number of
fellows selected for the Fellowship Program each year. The
Board shall select qualified individuals to participate in
the Fellowship Program. In selecting the fellows, the Board
should ensure geographic representation to ensure region-
specific specialties are developed.
“\(2\) Criteria.—All fellows shall meet one of the
following criteria:
“\(A\) Have a bachelor's or equivalent degree conferred
before participating in the Fellowship Program.
“\(B\) Be a student who is currently enrolled in a United
States institution of higher education and completing an
advanced degree in the field of science, technology,
engineering, or mathematics or a field related to the mining
industry.
“\(C\) Have had a postdoctoral degree conferred during the
5-year period immediately preceding participation in the
Fellowship Program.
“\(3\) Required intent.—Upon completing the Fellowship
Program, each fellow shall demonstrate his or her intent to
seek employment in a mining profession that directly benefits
the growth, progress, and development of the United States
mining industry—
“\(A\) in the United States Government; or
“\(B\) at a United States-based nongovernmental
organization, academic institution, private sector company,
or other organization that has been approved by the Bureau.
“\(4\) Eligible universities.—United States students shall
attend universities approved by the Bureau, in consultation
with the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives,
that have a mining education program and are located in a
foreign country. To the extent practicable, the Bureau should
prioritize enrollment in higher education mining programs
in—
“\(A\) member countries in the Minerals Security
Partnership; or
“\(B\) any additional countries identified by the Bureau, in
consultation with the congressional committees referred to in
this paragraph, as containing sufficiently qualified mining
programs.
“\(5\) Outreach.—To the extent practicable, the Bureau
shall conduct outreach at United States undergraduate and
graduate institutions the Bureau determines are likely to
produce a range of qualified applicants to be sent abroad.
“\(e\) Structure.—
“\(1\) Work plan.—To carry out the purposes described in
subsection \(b\)—
“\(A\) each fellow selected pursuant to subsection \(d\)\(1\)
shall be encouraged to arrange placement in a mining
education program at an eligible foreign university;
“\(B\) each fellow shall—
“\(i\) participate in advanced coursework, research
projects, and practical training opportunities, including
internships, offered by the host institution;
“\(ii\) engage with faculty advisors and industry partners
to gain hands-on experience through internships, laboratory
work, and field studies relevant to the mining industry;
“\(iii\) serve as a cultural and academic ambassador of the
United States by fostering mutual understanding within the
host country's academic and professional mining community;
“\(iv\) participate in professional development activities,
such as conferences, workshops, and seminars, to expand
knowledge of global best practices in mining engineering and
related fields; and
“\(v\) build and strengthen networks with international
peers, faculty, and industry professionals to facilitate
ongoing collaboration and knowledge exchange; and
“\(C\) the Bureau shall, for each fellow, approve a work
plan that identifies the target objectives for the fellow,
including specific duties and responsibilities relating to
such objectives.
“\(2\) Fellowship period.—
“\(A\) In general.—Each fellowship under this section shall
continue for a period determined by the Bureau, which,
whenever feasible, shall not be shorter than 1 year.
“\(B\) Renewal.—The Bureau may grant a renewal for a second
year, in consultation with the relevant United States embassy
or Fulbright Commission.
“\(f\) Fellowship Award.—The Bureau shall provide each
fellow under this section with an allowance equal to the
amount needed for the fellow's reasonable costs during the
fellowship period, including—
“\(1\) mandatory university fees, including tuition,
associated with his or her studies;
“\(2\) living expenses, including housing, basic food costs,
and daily transportation;
“\(3\) essential textbooks and other academic materials;
“\(4\) mandatory visa application, immigration fees, and
other essential pre-departure requirements;
“\(5\) relocation expenses, including travel by air or by
rail;
“\(6\) a research allowance, including essential travel to
field sites and laboratory work; and
“\(7\) other reasonable costs approved by the Bureau.
“\(g\) Annual Reports.—Not later than 1 year after the
completion of the Fellowship Program by the initial cohort of
fellows selected pursuant to subsection \(d\), and annually
thereafter, the Secretary of State shall submit a report to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that includes information regarding the implementation of the
Fellowship Program, including—
“\(1\) the demographics and geographical origins of the
cohort of fellows who completed a fellowship during the
reporting period;
“\(2\) a description of academic placements selected and
their relation to the development of the United States
region-specific specialties under the Fellowship Program,
including participant feedback on program implementation and
lessons learned; and
“\(3\) a plan for factoring lessons learned and acquired
skills based knowledge into future programming.”.
SEC. 1275. CRITICAL MINERAL MINING EDUCATIONAL EXCHANGE ACT
OF 2025.
The Mutual Educational and Cultural Exchange Act of 1961,
as amended by sections 3 and 4, is further amended by adding
at the end the following:
“SEC. 117. VISITING MINING SCHOLARS PROGRAM.
“\(a\) Establishment.—There is authorized to be established
the Visiting Mining Scholars Program \(referred to in this
section as the \`Visiting Scholars Program'\) within the J.
William Fulbright Educational Exchange Program.
“\(b\) Purpose.—The purpose of the Visiting Scholars
Program is to bring mining academics and professionals to the
United States—
“\(1\) to build and expand United States mining education
programs at institutions of higher education;
“\(2\) to bolster workforce development programs; and
“\(3\) to advance research and development initiatives in
the mining industry and adjacent fields.
“\(c\) Administration.—The Bureau of Educational and
Cultural Affairs of the Department of State \(referred to in
this section as the \`Bureau'\) shall administer the Visiting
Scholars Program in accordance with policy guidelines
established by the Fulbright Foreign Scholarship Board
\(referred to in this section as the \`Board'\), in consultation
with binational Fulbright Commissions, mining industry
leaders, institutions of higher education, foreign
governments, and United States embassies in eligible
countries.
“\(d\) Selection of Visiting Mining Scholars.—
“\(1\) In general.—The Board shall select qualified
individuals to participate in the Visiting Scholars Program,
who shall be foreign nationals who are currently employed—
“\(A\) outside of the United States as mining professionals,
practitioners, or operators; or
“\(B\) as academics working at institutions of higher
education in foreign countries with mining education programs
approved by a Fulbright Commission or United States embassy,
in consultation with the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives.
“\(2\) Number of fellows.—The Bureau may determine the
number of fellows selected each year, which, whenever
feasible, shall not be fewer than 10.
“\(3\) Eligibility criteria.—Each visiting mining scholar
shall be a foreign national of a country—
“\(A\) in which an existing Fulbright Foreign Student
Program operates; and
“\(B\) that has expertise, specialized knowledge, or engages
in practices that could benefit the United States mining
industry.
“\(4\) Preferred countries.—To the extent practicable, the
Bureau shall prioritize the selection of visiting mining
scholars who live or work in—
“\(A\) a Member country in the Minerals Security
Partnership; or
“\(B\) any additional country identified by the Bureau, in
consultation with the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives, as containing individuals who have academic
expertise, specialized knowledge, or engage in practices that
could benefit the United States mining industry.
“\(5\) Outreach.—To the extent practicable, the Bureau
shall conduct outreach in coordination with appropriate
United States embassies, mining industry leaders, and mining
institutions abroad that are likely to produce a range of
qualified applicants to come to the United States.
“\(e\) Structure.—
“\(1\) Work plan.—To carry out the purposes described in
subsection \(b\)—
“\(A\) each individual selected pursuant to subsection
\(d\)\(1\) who is coming to the United States as a visiting
mining scholar—
“\(i\) shall arrange placement in a United States academic
institution approved by the Bureau; and
“\(ii\) should—
“\(I\) consult with faculty members to provide technical
assistance on how to develop or expand a mining education
program at the host institution of higher education;
“\(II\) assist in the development and review of mining
education curricula, including course syllabi, laboratory
modules, and fieldwork components;
“\(III\) participate in collaborative research projects with
faculty, students, and third-party research institutions
focusing on innovative mining technologies, sustainable
mining practices, and resource management;
“\(IV\) facilitate partnerships between the host institution
and mining organizations, government agencies, and other
institutions to foster academic exchange, research
collaboration, and workforce development;
“\(V\) mentor undergraduate and graduate students interested
in mining education, offering guidance on academic projects
and career development; and
“\(VI\) contribute to the development of outreach programs
aimed at increasing awareness of the mining industry as a
career path and to increase awareness of the types of mining
professions available; and
“\(B\) the Bureau shall approve a work plan for each scholar
that identifies the target objectives for the scholar,
including specific duties and responsibilities relating to
such objectives.
“\(2\) Eligible united states institutions.—Visiting mining
scholars shall be placed in an institution of higher
education approved by the Bureau that—
“\(A\) demonstrates a commitment to developing or expanding
academic programs in the mining industry;
“\(B\) possesses existing faculty expertise or research
activity in the mining industry or related extractive fields;
“\(C\) provides institutional support and resources, such as
laboratory facilities, field sites, or equipment, relevant to
mining education and research, including in geology;
“\(D\) demonstrates a commitment to integrate the visiting
scholar into curriculum development, faculty training, or
workforce pipeline initiatives in mining;
“\(E\) demonstrates a plan for sustaining mining or critical
mineral resources programs beyond the duration of the
visiting scholar's placement;
“\(F\) shows evidence of student interest or regional
workforce demand for mining education programs or training;
and
“\(G\) agrees to provide mentoring, administrative support,
and opportunities for the visiting scholar to engage with
students, faculty, and local industry.
“\(3\) Scholarship period.—
“\(A\) In general.—Each scholarship awarded under this
section shall continue for a period determined by the Bureau,
which, whenever feasible, shall not be longer than 1 year and
not shorter than 3 months.
“\(B\) Exceptions.—Any request for an exception to the
duration of the scholarship period described in subparagraph
\(A\) shall be submitted by the visiting mining scholar and
approved by the Bureau before such exception takes effect.
“\(f\) Scholarship Award.—The Bureau shall provide each
visiting mining scholar under this section with an allowance
to cover the scholar's reasonable costs of living during the
scholarship period.
“\(g\) Annual Reports.—Not later than 1 year after the
completion of the Visiting Scholars Program by the initial
cohort of scholars selected pursuant to subsection \(d\)\(1\),
and annually thereafter, the Secretary of State shall submit
a report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that includes information on the
implementation of the Visiting Scholars Program, including—
“\(1\) the demographics and geographical origins of the
cohort of scholars who completed a Visiting Scholars Program
during the reporting period;
“\(2\) the United States universities at which visiting
scholars were placed;
“\(3\) the foreign universities or other post-graduate
institutions from which the cohort of visiting scholars were
chosen;
“\(4\) a description of academic placements selected under
the Visiting Scholars Program, including participant feedback
on program implementation and lessons learned; and
“\(5\) a plan for factoring lessons learned into future
programming.”.
SEC. 1276. TECHNICAL AND CONFORMING AMENDMENTS TO THE MUTUAL
EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961.
The Mutual Educational and Cultural Exchange Act of 1961
\(Public Law 87-256; 22 U.S.C. 2451 et seq.\) is amended—
\(1\) in section 104\(g\) \(22 U.S.C. 2454\(g\)\), by striking
paragraph \(5\);
\(2\) in section 108A\(a\) \(22 U.S.C. 2458a\(a\)\)—
\(A\) by striking “\(1\)” before Congress;
\(B\) by striking paragraph \(2\); and
\(C\) by redesignating subparagraphs \(A\), \(B\), and \(C\) as
paragraph \(1\), \(2\), and \(3\), respectively;
\(3\) in section 112 \(22 U.S.C. 2460\)—
\(A\) in subsection \(a\)—
\(i\) in paragraph \(9\), by striking “and” at the end;
\(ii\) in the first paragraph designated as paragraph \(10\),
by striking the period at the end and inserting a semicolon;
\(iii\) in the second paragraph designated as paragraph
\(10\)—
\(I\) by striking “\(10\)” and inserting “\(11\)”; and
\(II\) by striking the period at the end and inserting a
semicolon; and
\(iv\) by adding at the end the following:
“\(12\) the Critical Mineral Mining Fellowship Program
established pursuant to section 116, which provides funding
for studies, research, and international exchange for
students seeking to complete degrees from institutions of
higher education in self-arranged placements with
universities with mining education programs in foreign
countries; and
“\(13\) the Visiting Mining Scholars Program established
pursuant to section 117, which provides funding for
international mining academics, practitioners, professionals
and operators in self-arranged placements with universities
in the United States.”; and
\(B\) in subsection \(g\)—
\(i\) by striking paragraph \(2\);
\(ii\) by redesignating paragraphs \(3\) through \(11\) as
paragraphs \(2\) through \(10\), respectively; and
\(iii\) in paragraph \(10\), as redesignated, by striking
“paragraph \(6\)” and inserting “paragraph \(5\)”; and
\(4\) in section 115\(d\)\(2\) \(22 U.S.C. 2465\(d\)\(2\)\)—
\(A\) by striking subparagraph \(B\);
\(B\) in subparagraph \(A\)—
\(i\) by striking “\(A\) In general.—”; and
\(ii\) by redesignating clauses \(i\) and \(ii\) as subparagraphs
\(A\) and \(B\), and moving such clauses 2 ems to the left.
SEC. 1277. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Department of
State $10,000,000 for each of the fiscal years 2026 through
2035 for the purpose of carrying out the Critical Mineral
Mining Fellowship Program and the Visiting Mining Scholars
Program established pursuant to sections 116 and 117 of the
Mutual Educational and Cultural Exchange Act of 1961, as
added by sections 1274 and 1275.
SEC. 1278. SUNSET.
This subtitle, and the amendments made by this subtitle,
shall cease to have effect beginning on the date that is 10
years after the date of the enactment of this Act.
SA 6326. Ms. ROSEN \(for herself and Mr. Durbin\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. . UPDATE OF INTELLIGENCE COMMUNITY ASSESSMENT ON
GLOBAL WATER SECURITY.
\(a\) Update Required.—Not later than April 1, 2027, the
Director of National Intelligence, in coordination with the
Secretary of Defense and the heads of appropriate elements of
the intelligence community, shall submit to the appropriate
congressional committees an updated version of the
intelligence community assessment entitled “Global Water
Security” \(ICA 2012-08\), dated February 12, 2012 \(referred
to in this section as the “original assessment”\).
\(b\) Contents.—The updated assessment required by
subsection \(a\) shall include—
\(1\) all elements in the original assessment with updated
data and analysis;
\(2\) relevant developments since the submission of the
original assessment;
\(3\) an analysis of the efforts of foreign adversarial
governments to gain access to, exert control over, or
manipulate water resources, including rate of acquisition of
or control over groundwater or surface water beyond sovereign
territory of such governments, including transboundary
waters, and geographical reach;
\(4\) an assessment of trends related to conflict over water
or attacks on water; and
\(5\) any additional matters the Director determines
appropriate or that the congressional intelligence committees
specify.
\(c\) Form.—The assessment required by this section shall be
submitted in unclassified form, but may include a classified
annex.
\(d\) Definitions.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Armed Services, the Committee on
Foreign Relations, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
Senate; and
\(2\) the Committee on Armed Services, the Committee on
Foreign Affairs, the Select Committee on Intelligence, and
the Committee on Appropriations of the House of
Representatives.
SA 6327. Ms. ROSEN \(for herself, Mr. McCormick, Mr. Blumenthal, and Mr. Cornyn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. REPORT ON INTERNET FREEDOM IN IRAN.
\(a\) In General.—Not later than 120 days after the date of
the enactment of the Act, the Secretary of State, in
consultation with the Federal Communications Commission and
the Department of the Treasury, shall prepare and submit to
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report that updates and supplements the report required
under section 5124 of the National Defense Authorization Act
for Fiscal Year 2025 \(22 U.S.C. 8754a\).
\(b\) Additional Matters To Be Included.—Updates to the
strategy required in section 5124 of the National Defense
Authorization Act for Fiscal Year 2025 \(22 U.S.C. 8754a\),
shall also include the following:
\(1\) An assessment of the feasibility of using direct-to-
cell wireless communications technologies to expand internet
access for the people of Iran, including technical,
regulatory, and security considerations.
\(2\) An analysis of how drone-based platforms, signal
jamming technologies, and related countermeasures could
impact the feasibility, security, economics, and resilience
of such direct-to-cell wireless communications.
\(3\) A survey of terrestrial and non-terrestrial
telecommunications service providers currently active in
Iran, including—
\(A\) whether such providers are state-owned or state-
controlled;
\(B\) the extent of foreign participation or investment in
such providers; and
\(C\) the implications of such ownership and control for
communications freedom and censorship.
\(4\) Any other relevant information to assess the
opportunities and risks associated with terrestrial and non-
terrestrial communications technologies in Iran.
\(5\) An analysis of the effectiveness of low-Earth-orbit
\(LEO\) satellite internet constellation systems in providing
accessible internet to Iranians during the January 2026
Iranian protests, the needs of Iranian civil society in being
able to ensure reliable access to such systems when the
Government of Iran cuts access to the internet, existing
capabilities of LEO satellite internet constellation systems
in circumventing jamming, the per user cost of providing LEO
satellite internet constellation systems, and recommendations
for technology improvements to LEO satellite internet
constellation systems to be able to resist jamming
technologies to ensure the Iranian people's access to the
global internet. This analysis should also include an
assessment of physical and digital security vulnerabilities
for LEO satellite internet users in Iran and recommendations
for how to mitigate those concerns. The analysis and
assessment shall have a classified annex.
\(6\) An assessment of the feasibility of including readily
available commercial “off-the-shelf” technologies to be
eligible for the grant program outlined in section 5124 of
the National Defense Authorization Act for Fiscal Year 2025
\(22 U.S.C. 8754a\) that—
\(A\) could facilitate unrestricted access to the global
internet in Iran;
\(B\) could be integrated into already available commercial
technologies that civil society and the people of Iran have
access to;
\(C\) could reasonably shield the personal data of users from
the Government of Iran; and
\(D\) has some degree of resilience against countermeasures
that the Government of Iran could employ when cutting off the
global internet.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form, but may include a classified
annex.
SA 6328. Ms. ROSEN \(for herself, Mr. Curtis, and Mr. Padilla\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—American Decade of Sports
SECTION 1271. SHORT TITLE.
This subtitle may be cited as the “American Decade of
Sports Act”.
SEC. 1272. DEFINITIONS.
In this subtitle:
\(1\) American decade of sports; mega-decade of sports.—The
terms “American decade of sports” and “mega-decade of
sports” mean the major international sporting competitions
hosted in the United States between 2024 and 2034,
including—
\(A\) the 2024 Copa America;
\(B\) the 2025 Club World Cup;
\(C\) the 2026 FIFA World Cup;
\(D\) the 2028 Summer Olympics and Paralympics;
\(E\) the 2031 Men's and 2033 Women's Rugby World Cup; and
\(F\) the 2034 Winter Olympics and Paralympics.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1273. MEGA-DECADE SPORTS DIPLOMACY STRATEGY.
\(a\) Submission of Initial Strategy.—Not later than 180
days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees a 5-year sports diplomacy strategy
to strategically leverage the major sporting events being
hosted in the United States to enhance United States soft
power, diplomatic relationships, and global leadership.
\(b\) Submission of Subsequent Strategy.—Not later than 5
years after the date on which the initial strategy is
submitted pursuant to subsection \(a\), the Secretary shall
submit to the appropriate congressional committees a
subsequent 5-year strategy that is similar to the strategy
described in subsection \(a\), but also includes evaluations of
lessons learned from international sporting events held in
the United States during the previous 5-year period.
\(c\) Elements.—The strategies required under subsections
\(a\) and \(b\) shall include—
\(1\) a description of the Department of State's diplomatic
objectives and metrics of success related to the mega-decade
of sports;
\(2\) a plan to partner with local host cities, diaspora
communities, creatives, athletes, the sports industry,
private sector entities, human rights organizations, and
civil society stakeholders surrounding the competitions for
the purpose of showcasing United States national strengths
and forging new diplomatic connections;
\(3\) a plan to coordinate internally within the Department
of State to leverage sporting events to advance various
diplomatic lines of effort, including by—
\(A\) integrating sports diplomacy into regional bureaus'
bilateral engagements and efforts to pursue new areas of
cooperation with foreign partners;
\(B\) integrating sports into public diplomacy to reach new
foreign audiences that might not otherwise engage with United
States embassies abroad; and
\(C\) leveraging sports diplomacy to advance commercial
diplomacy;
\(4\) a plan to ensure an expeditious and secure visa process
for athletes and their families and support staff and
eligible international visitors planning to travel to the
United States to attend major international sporting events,
including reducing visa appointment wait times;
\(5\) a description of the financial and personnel support
needed to implement the 5-year sports diplomacy strategy; and
\(6\) any plans to deploy domestic public diplomacy
resources, such as the Cultural Unit and Foreign Press Center
established during the 1984 Summer Olympic Games, to enable
foreign visitors to engage with American culture and values.
\(d\) Public Availability.—The strategies required under
subsections \(a\) and \(b\) shall be made publicly available on
an internet website of the Department of State not later
than—
\(1\) 180 days after the date of the enactment of this Act,
with respect to the strategy required under subsection \(a\);
and
\(2\) 5 years after the date described in paragraph \(1\), with
respect to the strategy required under subsection \(b\).
\(e\) Consultation.—The Secretary of State shall—
\(1\) consult with the appropriate congressional committees
regarding the elements of the strategy required under
subsection \(a\) before submitting either strategy; and
\(2\) provide information regarding the implementation of the
most recently submitted strategy every 180 days during the
period beginning on the date of such submission and ending on
December 31, 2034.
SEC. 1274. OFFICE OF SPORTS DIPLOMACY.
\(a\) In General.—The Office of Sports Diplomacy \(referred
to in this section as the “Office”\) is established in the
Bureau of Educational and Cultural Affairs of the Department
of State.
\(b\) Functions.—The Office shall manage sports diplomacy
exchange programs and implement the strategies required under
subsections \(a\) and \(b\) of section 1273, including by
coordinating with internal Department of State and
interagency stakeholders—
\(1\) to coordinate the implementation of the strategy across
relevant bureaus, directorates, and offices of the Department
of State;
\(2\) to work with host cities and their social, political,
and economic partners to identify new avenues for engagement
with foreign entities;
\(3\) to engage local diaspora communities to deepen people-
to-people connections with foreign visitors and officials;
\(4\) to partner with the United States sports industry,
major sports leagues, and individual athletes to promote new
international sports partnerships and sports diplomacy
programs;
\(5\) to collaborate with host cities' international trade
and tourism offices to deepen economic and commercial ties
with foreign nations;
\(6\) to elevate American arts, film, and music creators to
promote cultural exchange and connection with foreign
visitors; and
\(7\) to coordinate with internal Department of State and
interagency stakeholders to ensure efficient and expeditious
processing of visas for eligible international visitors,
broadcasters, athletes, and support staff interested in
attending major international sporting events in the United
States.
\(c\) Sunset.—This section shall cease to have effect
beginning on the date that is 10 years after the date of the
enactment of this Act.
SEC. 1275. ANNUAL IMPLEMENTATION REPORTS.
Not later than 1 year after the submission of the strategy
required under section 1273\(a\), and annually thereafter until
December 31, 2034, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the progress made toward achieving the objectives of this
subtitle.
SA 6329. Ms. ROSEN \(for herself and Mr. Ricketts\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EXPANSION OF LIMITED CONSULAR APPOINTMENT
AUTHORITY.
Section 309 of the Foreign Service Act of 1980 \(22 U.S.C.
3949\) is amended—
\(1\) in subsection \(a\), by inserting “, or 8 years in
duration for personnel performing consular services,” after
“may not exceed 5 years in duration”; and
\(2\) in subsection \(b\)\(6\)—
\(A\) in subparagraph \(A\), by striking “or”;
\(B\) in subparagraph \(B\), by striking the period at the end
and inserting “; or”; and
\(C\) by adding at the end the following new subparagraph:
“\(C\) a limited noncareer appointment for a period not to
exceed 2 years, in the case of personnel performing consular
services.”.
SA 6330. Mr. FETTERMAN \(for himself and Mr. Grassley\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . RECORDS AND REPORTS ON MONETARY INSTRUMENTS
TRANSACTIONS.
\(a\) Records and Reports.—
\(1\) In general.—Section 5312 of title 31, United States
Code, is amended—
\(A\) in subsection \(a\)\(2\)—
\(i\) by redesignating subparagraphs \(Y\) and \(Z\) as
subparagraphs \(Z\) and \(AA\), respectively; and
\(ii\) by inserting after subparagraph \(X\) the following:
“\(Y\) a person engaged in the trade in works of art,
including a dealer, advisor, consultant, custodian, gallery,
auction house, museum, collector, or any other person who
engages as a business as an intermediary in the sale of works
of art, unless the person—
“\(i\) during the prior year, participated in no single
transaction valued over $10,000 that involved a work of art;
“\(ii\) has not, during the prior year, participated in
total transactions valued at $50,000 that involved a work of
art; or
“\(iii\) is a person engaged in the art market for the sole
purpose of selling works of art created by the person.”; and
\(B\) in subsection \(c\), by adding at the end the following:
“\(2\) Work of art.—The term \`work of art' means any
original painting, sculpture, watercolor, print, drawing,
photograph, installation art, or video art, not including—
“\(A\) applied art such as product design, fashion design,
architectural design, or interior design; or
“\(B\) mass-produced decorative art, including ceramics,
textiles, or carpets.”.
\(2\) Effective date.—The amendments made by paragraph \(1\)
shall take effect on the earlier of—
\(A\) the effective date of the rules issued under subsection
\(c\); and
\(B\) the date that is 360 days after the date of enactment
of this Act.
\(b\) Mandatory Update to Treasury Guidance on Art
Transactions.—
\(1\) In general.—Not later than 360 days after the date of
enactment of this Act, the Secretary of the Treasury shall
issue updated guidance to the advisory issued by the Office
of Foreign Asset Control on October 30, 2020, regarding the
risks of high-value artwork transactions involving sanctioned
persons or entities.
\(2\) Interagency coordination.—The Secretary of Treasury
shall consult and coordinate with appropriate Federal
agencies to update the guidance described in paragraph \(1\).
\(c\) Rulemaking.—Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury \(acting
through the Director of the Financial Crimes Enforcement
Network\), in consultation and coordination with appropriate
Federal agencies, shall issue proposed rules to carry out the
amendments made by subsection \(a\), including—
\(1\) determining which persons should be subject to the
rulemaking based on domestic or international geographical
location;
\(2\) the degree to which the regulations should apply based
on status as an agent or intermediary acting on behalf of a
purchaser; and
\(3\) whether certain exemptions should apply to the
regulations.
\(d\) Technical and Conforming Amendments.—
\(1\) Section 6110\(a\) of the Anti-Money Laundering Act of
2020 \(31 U.S.C. 5312 note\) is amended—
\(A\) in paragraph \(1\)—
\(i\) in subparagraph \(A\), by striking “\(Y\) and \(Z\) as
subparagraphs \(Z\) and \(AA\)” and inserting “\(Z\) and \(AA\) as
subparagraphs \(AA\) and \(BB\)”; and
\(ii\) by striking subparagraph \(B\) and inserting the
following:
“\(B\) by inserting after subparagraph \(Y\) the following:
“ \`\(Z\) a person engaged in the trade of antiquities,
including an advisor, consultant, or any other person who
engages as a business in the solicitation or the sale of
antiquities, subject to regulations prescribed by the
Secretary;'.”; and
\(B\) in paragraph \(2\), by striking “Section 5312\(a\)\(2\)\(Y\)”
and inserting “Section 5312\(a\)\(2\)\(Z\)”.
\(2\) The Comprehensive Iran Sanctions, Accountability, and
Divestment Act of 2010 \(22 U.S.C. 8501 et seq.\) is amended—
\(A\) in section 104\(i\)\(1\)\(C\) \(22 U.S.C. 8513\(i\)\(1\)\(C\)\), by
striking “\(Z\)” and inserting “\(AA\)”; and
\(B\) in section 104A\(d\)\(1\) \(22 U.S.C. 8513b\(d\)\(1\)\), by
striking “\(Z\)” and inserting “\(AA\)”.
\(3\) Section 2\(4\) of the Ukraine Freedom Support Act of 2014
\(22 U.S.C. 8921\(4\)\) is amended by striking “\(Z\)” and
inserting “\(AA\)”.
SA 6331. Mr. DURBIN \(for himself, Mr. Grassley, Mr. Bennet, Mr. Gallego, Ms. Duckworth, Ms. Klobuchar, Mr. Whitehouse, Ms. Rosen, Mr. Van Hollen, and Mr. Booker\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. BALTIC SECURITY ASSESSMENT.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) supporting and strengthening the security of Estonia,
Latvia, and Lithuania \(referred to in this section as the
“Baltic countries”\) is in the national security interests
of the United States;
\(2\) continuing to strengthen and update the security
cooperation roadmap for the United States and the Baltic
countries is critical to achieving strategic security
priorities as the Baltic countries face ongoing belligerence
and threats from the Russian Federation, including amid the
Russian Federation's illegal and unprovoked war in Ukraine
that began on February 24, 2022;
\(3\) the Baltic countries have been valued members of the
North Atlantic Treaty Organization \(NATO\) and continue to
contribute to NATO's collective security and partnership; and
\(4\) improved economic ties between the United States and
the Baltic countries, including to counter economic pressure
by the People's Republic of China, offer an opportunity to
strengthen the United States-Baltic strategic partnership.
\(b\) Report on Emerging Threats to the Baltic Countries.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate committees of Congress a report on—
\(A\) emerging military, cyber, hybrid, and political threats
to the Baltic countries;
\(B\) the roles of the Russian Federation, the Republic of
Belarus, the People's Republic of China, the Islamic Republic
of Iran, and other malign actors in advancing such threats;
\(C\) the current posture and presence of United States and
NATO forces in the Baltic region for the purpose of deterring
such threats;
\(D\) recommendations for strengthening the deterrence
posture, cybersecurity infrastructure, and democratic
resilience of the Baltic countries; and
\(E\) opportunities to enhance bilateral and multilateral
defense cooperation between the United States and the Baltic
countries, including through the Baltic Security Initiative
established under section 1247 of the National Defense
Authorization Act for Fiscal Year 2026 \(Public Law 119-60;
138 Stat. 1106; 10 U.S.C. 333 note\).
\(2\) Form.—The report required by paragraph \(1\) shall be
submitted in unclassified form but may contain a classified
annex.
\(3\) Appropriate committees of congress defined.—In this
subsection, the term “appropriate committees of Congress”
means—
\(A\) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
\(B\) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SA 6332. Mr. DURBIN \(for himself and Ms. Duckworth\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. PROHIBITION ON FUNDING FOR ACTIVITIES THAT WOULD
VIOLATE THE POSSE COMITATUS ACT OR INFRINGE ON
POWERS RESERVED TO THE STATES.
None of the funds authorized to be appropriated by this Act
for the Department of Defense may be used for, or in support
of, any activities that would violate section 1385 of title
18, United States Code \(commonly known as the “Posse
Comitatus Act”\), or infringe on powers reserved to the
States under the Constitution of the United States.
SA 6333. Mr. DURBIN \(for himself and Ms. Duckworth\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. POSSE COMITATUS LIMITATIONS ON NATIONAL GUARD
DEPLOYMENTS.
Section 502\(f\)\(2\)\(A\) of title 32, United States Code, is
amended by inserting “, subject to the limitations of
section 1385 of title 18, commonly referred to as the \`Posse
Comitatus Act' ” after “Secretary of Defense”.
SA 6334. Mr. YOUNG \(for himself, Mr. Padilla, Mr. Budd, Mr. Cotton, Mr. Coons, Mr. Fetterman, and Ms. Klobuchar\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense
### activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION F—AMERICAN BIOTECHNOLOGY COMPETITIVENESS ACT
SECTION 1. SHORT TITLE.
This division may be cited as the “American Biotechnology
Competitiveness Act”.
TITLE I—BIOSECURITY MODERNIZATION AND INNOVATION
SEC. 101. DEFINITIONS.
In this title:
\(1\) Covered provider.—
\(A\) In general.—Except as provided in subparagraph \(B\),
the term “covered provider” means a person who—
\(i\) synthesizes and sells synthetic nucleic acids to
persons in the United States or in a foreign country; or
\(ii\) produces and distributes or sells, including
resellers, equipment for synthesizing nucleic acids,
including benchtop synthesizers, to persons in the United
States.
\(B\) Exception.—The term “covered provider” does not
include a person the extent the person sells or distributes
synthetic nucleic acids within a commercial entity for the
purpose of such entity's research and development activities.
\(2\) Director.—The term “Director” means the Director of
the Office of Science and Technology Policy.
\(3\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
\(4\) Under secretary.—The term “Under Secretary” means
the Under Secretary of Commerce for Standards and Technology.
SEC. 102. SENSE OF CONGRESS.
It is the Sense of Congress that—
\(1\) the field of biotechnology is accelerating and the
United States is at risk of losing its biotechnology
leadership to foreign adversaries;
\(2\) this acceleration of the field brings the United States
into a period of both great opportunity and risk;
\(3\) policymaking for biosecurity, biosafety, and
responsible innovation needs to be flexible to keep pace with
advances in biotechnology and ensure an environment that
allows biotechnology research and industry to flourish;
\(4\) the current landscape of biosecurity and biosafety
authorities is spread among multiple agencies, contributing
to slow policymaking, which, coupled with the rapid
advancement of biotechnology, becomes outdated quickly;
\(5\) previous studies conducted by the Government
Accountability Office, the National Security Commission for
Emerging Biotechnology, and several presidential
administrations have already identified gaps in the Federal
Government's oversight of biosecurity and biosafety risks;
\(6\) the United States Government needs to streamline
biosecurity and biosafety authorities to ensure efficiency
and clarity;
\(7\) gene synthesis technology is becoming increasingly
sophisticated and accessible, along with the ability to
design novel nucleic acid sequences;
\(8\) both of these factors described in paragraph \(7\) may
increase the risk of the development and deployment of new
pathogens by bad actors; and
\(9\) gene synthesis screening of orders and customers is
immediately needed to mitigate risk in the short-term, which
will act as a stopgap while the United States Government
develops a comprehensive biosecurity and biosafety strategy
that is appropriate for the dynamic and rapidly advancing
field of biotechnology.
SEC. 103. NUCLEIC ACID SYNTHESIS SECURITY.
\(a\) Regulations Required.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, the Secretary shall, in
coordination with the Secretary of Health and Human Services
and the heads of other agencies as the Secretary considers
appropriate, establish and maintain by regulation the
following:
\(A\) A requirement for covered providers described in
section 101\(1\)\(A\)\(i\) to implement screening protocols to
detect orders for sequences of concern included in the list
established and maintained under subparagraph \(C\). Such
protocols shall—
\(i\) include the ability for privacy-preserving submission
of information regarding orders for potential sequences of
concern to a mechanism, which may be maintained by the
Secretary or an independent organization designated by the
Secretary, for facilitating effective split order detection
across covered providers, utilizing the list established and
maintained under subparagraph \(C\); and
\(ii\) prioritize the mitigation of misuse of sequences
capable of creating pathogens with pandemic potential.
\(B\) A requirement for covered providers to implement
screening protocols to verify the identity and legitimacy of
customers.
\(C\) A list of sequences of concern, which shall be
determined by the Secretary in consultation with the
Secretary of Health and Human Services and such heads of
Federal departments and agencies as the Secretary considers
appropriate.
\(D\) A system for reviewing and updating on a regular basis
the list of sequences of concern established and maintained
under subparagraph \(C\) that—
\(i\) uses a docket to allow for privacy-preserving
submissions from the public on recommendations for the list
of sequences of concern;
\(ii\) includes an expedited procedure to rapidly add
sequences of concern to the list on a provisional basis,
which may include, as far as technically feasible, automatic
procedures such as algorithmic literature scanning, industry
self-reporting, or inter-agency submissions; and
\(iii\) incorporates strong data security and confidentiality
standards.
\(E\) A conformity assessment system to verify that covered
providers are adhering to the requirements established and
maintained under subparagraphs \(A\) and \(B\), which will
include—
\(i\) an auditing process to ensure orders and customers have
been scrutinized appropriately, including procedures to
conduct adversarial testing \(sometimes referred to as “red-
teaming”\) at random intervals to ensure compliance; and
\(ii\) a process to revoke conformity status of covered
providers that fail to maintain compliance with the
requirements established and maintained under subparagraphs
\(A\) and \(B\), including the establishment of a grace period
for covered providers who have failed auditing or adversarial
testing under clause \(i\) to demonstrate compliance or
mitigation steps.
\(F\) Safeguards to ensure regulations promulgated under this
subsection avoid unnecessary burden on innovation and
industry by—
\(i\) allowing covered providers to offer an expedited review
process for institutional customers, including considering
principal investigators at institutions of higher education,
with demonstrated records of legitimacy;
\(ii\) providing exemptions from customer screening
requirements for sequences or products as determined in
clause \(iii\) that are clearly non-hazardous and pose no
credible threat to public health or national security based
on scientific literature and industry best practices for
biosecurity screening; and
\(iii\) conducting regular consultations with relevant
experts to determine exempted sequences and minimize
regulatory burden while maintaining security effectiveness.
\(2\) Provisional additions to list of sequences of
concern.—For purposes of paragraph \(1\)\(D\)\(ii\), sequences of
concern may be added to the list on a provisional basis using
a rulemaking process that involves shorter periods for notice
and comment, notwithstanding section 553 of title 5, United
States Code.
\(3\) Rule of construction.—Paragraph \(1\)\(A\) shall not be
construed to prohibit a covered provider from synthesizing a
sequence.
\(b\) Program of Technical Assistance.—
\(1\) Program required.—The Secretary shall establish a
program to provide technical assistance upon request of a
covered provider, including assistance with orders whose
screening results are ambiguous, subject to determination by
the Secretary, in consultation with the heads of such other
Federal departments and agencies as the Secretary considers
appropriate.
\(2\) Treatment of information received.—Information
received as part of the technical assistance request under
paragraph \(1\) may not be used in any enforcement against a
covered provider.
\(c\) National Institute of Standards and Technology
Requirements.—The Under Secretary shall develop best
practices, technical standards, and other tools needed to
support the administration of subsection \(a\), including the
following:
\(1\) Testing and evaluation of customer and order screening
protocols to improve accuracy, efficacy, and reliability, and
to support the conformity assessment system under subsection
\(a\)\(1\)\(E\).
\(2\) Evaluation of the sequences recommended for the list
established and updated under subparagraphs \(C\) and \(D\) of
subsection \(a\)\(1\), including by developing best practices and
guidelines for determining if a novel sequence is a sequence
of concern.
\(3\) Research and prototype sequence-to-function models to
supplement the system established and maintained under
subsection \(a\)\(1\)\(D\).
\(d\) Updates.—As frequently as the Secretary considers
appropriate to account for technological advances, but not
less frequently than once every 2 years, the Secretary shall
review and update the regulations promulgated under
subsection \(a\).
\(e\) Protection of Customer Information.—Any information
about a customer included in a submission under subparagraph
\(A\)\(i\) or \(D\)\(i\) of subsection \(a\)\(1\) shall, be kept
confidential and shall be exempt from disclosure under
section 552\(b\)\(3\) of title 5, United States Code.
\(f\) Relationship With Other Federal Guidelines and
Recommendations.—The regulations established and maintained
under subparagraphs \(A\) and \(B\) of subsection \(a\)\(1\) shall
supplant any Federal guidelines or recommendations relating
to nucleic acid synthesis screening that—
\(1\) were in effect before the date of the enactment of this
Act; and
\(2\) are voluntary.
\(g\) Civil Enforcement.—
\(1\) Civil action.—The Attorney General may bring a civil
action in a court of competent jurisdiction against any
person who violates a requirement promulgated under
subparagraph \(A\) or \(B\) of subsection \(a\)\(1\),
including through providing false or misleading information
or engaging in other deceptive practices, or does not
demonstrate compliance within the grace period set forth by
subsection \(a\)\(1\)\(E\)\(ii\).
\(2\) Powers of the court.—In an action brought under
paragraph \(1\), the court may—
\(A\) enjoin a violation described in paragraph \(1\); and
\(B\) award damages under paragraph \(3\).
\(3\) Award of damages.—A person who violates a requirement
as described in paragraph \(1\) is liable for statutory
damages—
\(A\) in the case of an individual, in the sum of not more
than $500,000, adjusted from time to time under paragraph
\(4\); and
\(B\) in the case of a person who is not an individual, in
the sum of not more than $750,000, adjusted from time to time
under paragraph \(4\).
\(4\) Adjustments for inflation.—Effective on October 1 of
each year \(beginning in the first fiscal year after the date
of the enactment of this Act\), the dollar amounts in effect
under paragraph \(3\) shall be increased by a percentage equal
to the percentage by which the Consumer Price Index for all
urban consumers \(U.S. city average\) increased during the 12-
month period ending with the last month for which Consumer
Price Index data is available. In the event that such
Consumer Price Index does not increase during such period,
the dollar amount in effect under such paragraph during the
previous fiscal year shall be maintained.
\(h\) Reports to Congress.—Not less frequently than once
each year, the Secretary shall submit to Congress a report on
the administration of this section. Each such report shall
include an overview of how many covered providers have been
verified by the conformity assessment system established and
maintained under subsection \(a\)\(1\)\(E\).
SEC. 104. ESTABLISHMENT OF BIOTECHNOLOGY GOVERNANCE SANDBOX
PROGRAM.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Under Secretary shall, in
collaboration with the heads of such Federal agencies as the
Under Secretary considers relevant and with such persons in
the private sector, academia, and civil society as the Under
Secretary considers appropriate, establish a biotechnology
governance sandbox program.
\(b\) Responsibilities.—Under the program established under
subsection \(a\), the Under Secretary shall—
\(1\) provide secure testing of innovations or tools
developed to advance the science of biosecurity, biosafety,
and responsible biotechnology innovation;
\(2\) foster participation of nongovernmental experts in the
development and testing of appropriate levels and methods of
governance, to achieve the goals of—
\(A\) ensuring the continued global competitiveness of
biotechnology innovations in the United States;
\(B\) bolstering the national security posture of the United
States; and
\(C\) strengthening the ability of the United States to
robustly analyze emerging threats, anticipate concerns, and
govern proactively in the biotechnology space;
\(3\) carry out biological measurement research to support
the development and improvement of technical standards for
biosecurity, biosafety, and responsible biotechnology
innovation; and
\(4\) report annually to the Secretary of Commerce on the
administration of paragraph \(2\) and whether any promising
governance strategies have resulted from the development and
testing.
\(c\) Access to Environments.—The Under Secretary may
contract with the private sector or coordinate with other
Federal agencies to access environments necessary to provide
testing under subsection \(b\)\(1\).
\(d\) Temporary Waivers of Requirements.—In order to test
and experiment with a screening protocol or other tool
provided under subsection \(b\)\(1\), the Under Secretary may
temporarily waive a requirement of section 103 on a case-by-
case basis for a covered provider who is participating in the
program established under subsection \(a\) if the Under
Secretary considers doing so appropriate.
SEC. 105. STREAMLINING BIOSECURITY AND BIOSAFETY AUTHORITIES
ACROSS THE FEDERAL GOVERNMENT.
\(a\) Assessment and Plan Required.—Not later than 90 days
after the date of the enactment of this Act, the Director
shall, in collaboration with the heads of such Federal
agencies as the Director considers relevant—
\(1\) assess the current state of biosecurity and biosafety
oversight by the Federal Government; and
\(2\) develop, based on the findings of the Director with
respect to the assessment conducted under paragraph \(1\), an
implementation plan to make oversight of biosecurity and
biosafety by the Federal Government more effective and
efficient.
\(b\) Elements of Assessment.—The assessment required by
subsection \(a\)\(1\) shall include the following:
\(1\) A full accounting of Federal biosecurity and biosafety
authorities and programs, including which agencies hold these
authorities, whether these authorities are exercised
effectively, and where there are overlaps or redundancies,
real or perceived, in regulatory and enforcement authorities.
\(2\) Engagement with industry stakeholders and academia to
understand where there are challenges with compliance,
communication, and information sharing.
\(3\) Identification of gaps in funding or other Government
support for the development of research, innovation, and
tools that advance the science of applied biosecurity,
biosafety, and responsible biotechnology innovation.
\(4\) Identification of gaps in current Federal biosecurity
and biosafety authorities and whether these gaps are
hindering effective and efficient governance and assessment
of emerging risks and opportunities in biotechnology.
\(5\) An evaluation of how consolidation of biosecurity and
biosafety guidelines, authorities, and regulations across
Federal agencies, including the regulations established and
maintained under section 103\(a\), should be implemented to
make oversight more effective and efficient and to address
the gaps in such guidelines, authorities, and regulations,
including those identified under paragraphs \(3\) and \(4\).
\(c\) Report to Congress.—
\(1\) In general.—Not later than 90 days after the date on
which the Director completes the assessment required by
paragraph \(1\) of subsection \(a\) and the implementation plan
required by paragraph \(2\) of such subsection, the Director
shall submit to Congress—
\(A\) a report on the findings of the Director with respect
to the assessment; and
\(B\) a copy of the implementation plan.
\(2\) Contents.—The report submitted pursuant to paragraph
\(1\)\(A\) shall include the following:
\(A\) The findings of the Director with respect to the
assessment conducted pursuant to subsection \(a\)\(1\), with an
annex for classified and business confidential information,
as needed.
\(B\) Recommendations for legislative or administrative
action to support the implementation plan developed under
subsection \(a\)\(2\), according to—
\(i\) what, if any, new biosecurity and biosafety authorities
are needed; and
\(ii\) where the Federal Government can consolidate
biosecurity and biosafety authorities, including which, if
any, should be reside under a common government entity, and
whether this necessitates establishing a new government
entity.
\(d\) Implementation.—
\(1\) In general.—Not later than 90 days after the date on
which the Director completes the implementation plan required
by subsection \(a\)\(2\), the Director shall commence
implementing the plan through administrative action in
accordance with applicable provisions of law.
\(2\) Governance strategies.—In carrying out the
implementation plan developed under subsection \(a\)\(2\), the
Director shall consider which, if any, of the governance
strategies reported under section 104\(b\)\(4\) should be
included in the plan.
\(e\) Authorization of Appropriations.—There is authorized
to be appropriated $6,000,000 for the National Institute of
Standards and Technology to carry out this section.
TITLE II—AI-READY BIO-DATA STANDARDS
SEC. 201. DEFINITIONS, STANDARDS, RESOURCES, AND FRAMEWORKS
BY THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY FOR CERTAIN BIOLOGICAL DATASETS.
Not later than 2 years after the date of the enactment of
this Act, the Director of the National Institute of Standards
and Technology \(in this section referred to as the
“Director”\), shall establish, and make publicly available,
definitions, standards, resources, and frameworks to ensure
each biological dataset generated as a result of qualified
federally funded research—
\(1\) is artificial intelligence-ready;
\(2\) enables the effective use of the dataset for training
artificial intelligence models; and
\(3\) supports advancements in research relating to
artificial intelligence and biotechnology.
TITLE III—NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK
SEC. 301. DEFINITIONS.
\(a\) Definitions.—In this title:
\(1\) Artificial intelligence.—The term “artificial
intelligence” has the meaning given that term in section
5002 of the William M. \(Mac\) Thornberry National Defense
Authorization Act for Fiscal Year 2021 \(15 U.S.C. 9401\).
\(2\) Biological data.—The term “biological data” means
the information, including associated descriptors, derived
from the structure, function, or process of a biological
system that is either measured, collected, or aggregated for
analysis.
\(3\) Director.—Unless otherwise provided, the term
“Director” means the Director of the National Science
Foundation.
\(4\) Institution of higher education.—The term
“institution of higher education” has the meaning given
that term in section 101 of the Higher Education Act of 1965
\(20 U.S.C. 1001\).
\(5\) Network.—The term “Network” means the National
Programmable Cloud Laboratories Network.
\(6\) Node.—The term “node” means a programmable cloud
laboratory designated as part of the Network.
\(7\) Non-designated laboratory.—The term “non-designated
laboratory” means any Federal, academic, nonprofit, or
private industry programmable cloud laboratory not selected
as a node under section 302.
\(8\) Programmable cloud laboratory.—The term “programmable
cloud laboratory”
means a physical laboratory that is equipped with research
instrumentation and advanced manufacturing capabilities,
including robotics and artificial intelligence, that can be
securely and remotely programmed and controlled in order to
conduct experiments and collect associated data.
SEC. 302. NATIONAL PROGRAMMABLE CLOUD LABORATORIES NETWORK.
\(a\) Purposes.—The purposes of the Network established
under this title are—
\(1\) to maintain leadership by the United States in advanced
experimentation, laboratory automation, and artificial
intelligence for scientific research, advanced manufacturing,
long-term economic competitiveness, and national security;
\(2\) to reduce the cost of federally funded research through
automation and reproducibility;
\(3\) to accelerate national competitiveness by transferring
government-funded research to private-sector commercial
applications;
\(4\) to improve collaboration among federally funded
national laboratories, institutions of higher education, and
private industry;
\(5\) to ensure that investment in programmable cloud
laboratories results in measurable cost savings,
efficiencies, and long-term fiscal sustainability;
\(6\) to incentivize private-sector cost-sharing in research
infrastructure and equipment;
\(7\) to support workforce development aligned with the
technical needs of industry in the United States;
\(8\) to provide funding for nodes;
\(9\) to advance the development of a domestic industrial
base for scientific automation tools, artificial intelligence
systems for experimentation, and robotics platforms for use
in laboratory settings; and
\(10\) to further programmable cloud laboratory research in
areas such as materials science, biotechnology, chemistry,
and other scientific or engineering disciplines where
automation and cloud-enabled experimentation can deliver
transformative results, including advanced materials
synthesis and characterization, scalable biotechnology
experimentation, and high-throughput chemical catalyst
development.
\(b\) Establishment.—
\(1\) In general.—
\(A\) Establishment.—Not later than 1 year after the date of
the enactment of this Act, the Director, in consultation with
the Director of the National Institute of Standards and
Technology, shall designate and oversee a National
Programmable Cloud Laboratories Network of not more than 6
nodes to support secure, standards-based, and cost-effective
remote experimentation and automated research.
\(B\) Awards.—The Director shall award a grant to each node,
in an amount not to exceed $5,000,000 per fiscal year for a
period of not more than 5 years, to support the Network.
\(2\) Assessment sequencing.—The assessment required under
section 304 shall be conducted only after the final
designation of nodes under paragraph \(1\).
\(3\) Nodes.—The Network shall consist of nodes that—
\(A\) enable programmable workflows and automated science;
\(B\) provide access to advanced scientific and manufacturing
instruments, including artificial intelligence-enabled tools;
\(C\) collaborate to establish and adopt common standards,
protocols, and best practices; and
\(D\) support interoperability across and between nodes.
\(c\) Application and Selection.—
\(1\) In general.—The Director shall issue a public
solicitation for eligible entities to apply for node
designation.
\(2\) Eligible entities.—Eligible entities that may apply
for designation as a node include—
\(A\) institutions of higher education;
\(B\) nonprofit research organizations;
\(C\) private-sector research entities; and
\(D\) consortia or collaborations of the entities described
in subparagraphs \(A\) through \(C\).
\(d\) Applications for Designation.—
\(1\) In general.—An eligible entity that desires to apply
for designation as a node in the Network shall submit an
application to the Director at such time and in such manner
as the Director may require.
\(2\) Matters to be included.—The application required under
paragraph \(1\) shall include—
\(A\) a technical and programmatic plan for laboratory
operations, automation capabilities, and data integration;
\(B\) a plan to achieve long-term self-sustainability,
including metrics, interim milestones, and a timeline for
reducing reliance on Federal funding; and
\(C\) evidence of non-Federal cost share, private capital, or
other third-party contributions demonstrating self-
sustainability potential.
\(e\) Evaluation of Applicants.—The Director shall ensure
that the process for selecting eligible entities for
designation in the Network is competitive, merit-based, and
transparent, through the evaluation of, with respect to each
entity—
\(1\) pre-existing laboratory infrastructure and suitability
for automated science;
\(2\) capacity to support distributed, cloud-enabled
programmable workflows for multiple users;
\(3\) likelihood of achieving long-term sustainability
without continued Federal funding;
\(4\) demonstrated ability to collaborate with other nodes,
academic partners, industry partners, or other Federal
research agencies \(as defined in section 10002 of the
Research and Development, Competition, and Innovation Act \(42
U.S.C. 18901\)\);
\(5\) protocols for research security, cybersecurity, and
responsible access; and
\(6\) demonstration of user interest and research needs.
\(f\) Designation.—In designating nodes, the Director
shall—
\(1\) give preference to applicants demonstrating meaningful
third-party cost share and pre-existing infrastructure; and
\(2\) to the extent practicable, ensure that at least 1 node
demonstrates the capability to support cloud-enabled
biotechnology research, including automated experimentation
or quality control workflows.
\(g\) Responsibilities.—Each node selected by the Director
shall—
\(1\) support the purposes described in subsection \(a\);
\(2\) facilitate collaboration among Network members to
expand and integrate automated science capabilities and best
practices;
\(3\) actively participate with the Director of National
Institute of Standards and Technology in developing network-
wide interoperability, data-sharing, cybersecurity, and
artificial intelligence-assisted experimentation standards;
\(4\) support secure sharing of experimental data, models,
and results across institutions of higher education
participating in the Network, if applicable;
\(5\) provide a secure digital infrastructure to enable
remote experimentation, artificial intelligence-assisted
analysis, and reproducible science;
\(6\) engage in public-private partnerships to streamline the
transfer of technology developed using Network
infrastructure;
\(7\) develop and maintain a financial sustainability plan to
reduce long-term reliance on Federal funds, including through
user fees, licensing, consortia membership, or other revenue-
generating models;
\(8\) establish performance metrics, including scientific
output, cost-effectiveness, academic engagement, private-
sector engagement, user satisfaction, and reproducibility of
results; and
\(9\) where practicable, leverage commercially available
hardware and software solutions to minimize cost and
accelerate deployment of automated science capabilities.
SEC. 303. INTERAGENCY COLLABORATION.
Not later than 180 days after all nodes of the Network are
designated, the Director of the National Institute of
Standards and Technology, in cooperation with the Director
and participating eligible entities \(including institutions
of higher education\), shall—
\(1\) develop and promulgate standards to ensure
interoperability across Network nodes, including laboratory
instrumentation, data infrastructure, communication
protocols, and experiment execution systems;
\(2\) establish protocols for secure, seamless, and
standardized data-sharing among all members of the Network
aligned with node-level cybersecurity and research security
protocols;
\(3\) define minimum technical requirements and operating
procedures to support remote experimentation, experiment
reproducibility, and artificial intelligence-assisted
workflows; and
\(4\) periodically update such standards in consultation with
private-sector partners and nodes of the Network to reflect
advancements in hardware, software, and automation
technology.
SEC. 304. ASSESSMENT OF NON-DESIGNATED LABORATORIES.
\(a\) Assessment Requirement.—Not later than 180 days after
the Director designates the final node of the Network under
section 302, the Director, in consultation with the Secretary
of Energy and the Director of the National Institute of
Standards and Technology, shall conduct and submit to the
appropriate committees of Congress, a comprehensive
assessment of non-designated laboratories.
\(b\) Scope.—The assessment under subsection \(a\) shall
identify, to the extent practicable—
\(1\) Federal laboratories, institutions of higher education,
nonprofit organizations, and private-sector laboratories that
possess or are developing programmable, automated, or
remotely accessible research infrastructure;
\(2\) the instrumentation, automation, and data capabilities
of such laboratories;
\(3\) cybersecurity and research security measures relevant
to interoperability;
\(4\) existing or potential pathways for such laboratories to
coordinate with Network nodes in areas such as data-sharing,
standards adoption, or pilot interoperability projects; and
\(5\) legal, contractual, or intellectual property
considerations that may affect participation in the Network.
\(c\) Confidentiality and Security.—
\(1\) In general.—In carrying out the assessment under
subsection \(a\), the Director shall ensure that proprietary
information is protected from public disclosure consistent
with applicable law.
\(2\) Publication of nonproprietary public summary.—The
Director shall publish a nonproprietary public summary of the
assessment under subsection \(a\) and may submit a
proprietary annex for that assessment to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives.
SEC. 305. REPORTING AND OVERSIGHT.
\(a\) Annual Briefings.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Director shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives on the
status of the Network.
\(b\) Contents.—Each briefing required under subsection \(a\)
shall include an assessment of—
\(1\) the alignment of supported research with national
scientific and economic priorities;
\(2\) the progress each node of the Network has made toward
achieving self-sustainability as described in section
302\(d\)\(2\)\(B\); and
\(3\) the performance metrics established in section
302\(g\)\(8\).
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
\(a\) Authorization of Appropriations.—There are authorized
to be appropriated to carry out the activities under this
title—
\(1\) $30,000,000 for fiscal year 2027;
\(2\) $30,000,000 for fiscal year 2028;
\(3\) $30,000,000 for fiscal year 2029;
\(4\) $30,000,000 for fiscal year 2030; and
\(5\) $30,000,000 for fiscal year 2031.
\(b\) Derivation of Funds.—Amounts made available to carry
out this title shall be derived from amounts appropriated or
otherwise made available to the National Science Foundation
SEC. 307. SUNSET.
The National Programmable Cloud Laboratories Network,
including all authorities, programs, and funding provided
under this title, shall terminate on September 30, 2031.
TITLE IV—BIOMANUFACTURING INNOVATION
SEC. 401. FINDINGS; SENSE OF CONGRESS.
\(a\) Findings.—Congress finds the following:
\(1\) Biotechnology is the designing and engineering of
biological systems. Biotechnology allows scientists to grow
everything from medicines to crops to materials, enabling
“biology by design”.
\(2\) Biotechnology holds the potential for the United States
to transform its military capabilities, strengthen food
security and agricultural resilience, and cure life-
threatening diseases, but it holds that same potential for
other countries. The countries that master biotechnology
first will gain the ability to shape how those technologies
are used for decades to come.
\(3\) Biotechnology unlocks the capabilities of producing
medicines via biological systems, known as biopharmaceutical
manufacturing. Biopharmaceutical manufacturing will enable
better and less invasive treatments that extend and improve
lives.
\(4\) By investing in biomanufacturing, the United States
Government would reduce dependency on foreign supply chains.
\(5\) For United States manufacturers, the biggest roadblock
to commercialization is proving that their products and
processes can scale and produce a return on investment.
Biomanufacturing requires flexible and affordable
infrastructure for development, to ensure that innovative
products can rapidly move from the lab to commercial-scale
production.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) to realize the potential of biotechnology in the
pharmaceutical sector, the United States Government should
establish and operate a biopharmaceutical manufacturing
innovation center;
\(2\) the center should facilitate and accelerate
manufacturing innovation, support good manufacturing
practices, and provide for collaboration among public,
private, and nonprofit institutions; and
\(3\) the center should also facilitate training for workers
to operate biotechnology tools and equipment and to bolster
talent throughout the biotechnology sector.
SEC. 402. ESTABLISHMENT OF NATIONAL BIOPHARMACEUTICAL
INNOVATION CENTER.
The National Institute of Standards and Technology Act \(15
U.S.C. 271 et seq.\) is amended—
\(1\) by redesignating section 36 as section 37; and
\(2\) by inserting after section 35 the following:
“SEC. 36. NATIONAL BIOPHARMACEUTICAL INNOVATION CENTER.
“\(a\) Establishment of Innovation Center.—
“\(1\) In general.—The Director shall award a grant to or
enter into an other transaction agreement with, on a
competitive basis, an eligible entity to establish and
operate the National Biopharmaceutical Manufacturing
Innovation Center \(in this section referred to as the
\`Innovation Center'\).
“\(2\) Objectives.—The objectives of the Innovation Center
include—
“\(A\) advancing the science of biopharmaceutical
manufacturing, especially with respect to products of
particular importance to the national security, health
security, or economic security of the United States,
including by—
“\(i\) developing and demonstrating flexible
biopharmaceutical manufacturing technologies and systems that
connect the United States pharmaceutical industry with the
research of the National Institute of Standards and
Technology, including propagation of measurement science and
standards related to biopharmaceutical manufacturing;
“\(ii\) improving upstream and downstream processes for
multiple biopharmaceutical manufacturing platforms or product
modalities;
“\(iii\) improving biopharmaceutical manufacturing equipment
and capabilities; and
“\(iv\) reducing supply bottlenecks and strengthening supply
chain self-sufficiency through demonstration of innovative
technologies;
“\(B\) supporting good manufacturing practices, quality by
design, and standardization of chemistry, manufacturing, and
controls to ensure effective and efficient manufacturing and
to improve the regulation of innovative methods of
manufacturing;
“\(C\) advancing workforce training and development by
working with educational and community partners to bolster
biotechnology talent;
“\(D\) developing the science of and deploying the
infrastructure for innovative biopharmaceutical manufacturing
by engaging with—
“\(i\) institutions of higher education;
“\(ii\) small, medium, and large pharmaceutical
manufacturers;
“\(iii\) Federal, State, and local government agencies and
institutes;
“\(iv\) non-profit organizations;
“\(v\) professional organizations; and
“\(vi\) any other entity the Director considers relevant;
“\(E\) aligning with and complementing existing Department
of Commerce initiatives, including the Manufacturing
Innovation Institutes, metrology research and standards
setting, and research programs;
“\(F\) ensuring small- and medium-size biopharmaceutical
manufacturers have equal access to the Innovation Center and
its resources;
“\(G\) sharing with the head of any Executive agency that
oversees the planning, management, or coordination of Federal
activities relating to biotechnology research generated by
the Innovation Center, including data regarding best
practices for biopharmaceutical manufacturing; and
“\(H\) any other objective the Director considers relevant.
“\(3\) Funding.—Subject to the availability of
appropriations, the Director shall award the Innovation
Center funding for any of the following:
“\(A\) To facilitate the construction, expansion, or
renovation of facilities necessary to accomplish the
objectives described in paragraph \(2\).
“\(B\) To conduct collaborative research on new technology
for scaling biopharmaceutical manufacturing in the United
States for commercial production, including with the National
Institute of Standards and Technology as appropriate.
“\(C\) To facilitate workforce training programs for
biopharmaceutical manufacturing.
“\(D\) To fund relevant research and programs for the
development of biopharmaceutical manufacturing and for the
practical adoption of measurement science and standards
setting in biopharmaceutical manufacturing.
“\(b\) Application; Award.—
“\(1\) In general.—Not later than 180 days after the date
of the enactment of this section, the Director shall solicit
applications from eligible entities specified in paragraph
\(2\) and award to or enter into with one such entity a grant
or other transaction agreement to establish the Innovation
Center.
“\(2\) Eligibility.—An entity is eligible to submit an
application pursuant to paragraph \(1\) if—
“\(A\) the entity is—
“\(i\) a public-private partnership;
“\(ii\) an institution of higher education; or
“\(iii\) a consortia of entities specified in clauses \(i\) or
\(ii\); and
“\(B\) the entity is not a Federal entity.
“\(3\) Content of application.—An application submitted by
an entity pursuant to paragraph \(1\) shall include—
“\(A\) examples from the entity of previous research,
development, implementation, and demonstration of innovative
practices of biopharmaceutical manufacturing;
“\(B\) a description of the manner by which the entity plans
to advance the science of biopharmaceutical manufacturing,
especially with respect to products of particular importance
to the national security, health security, or economic
security of the United States;
“\(C\) a description of the manner by which the entity plans
to incorporate good manufacturing practices, quality by
design, and standardization of chemistry, manufacturing, and
controls, and similar guidance to ensure effective and
efficient manufacturing and to make innovative methods of
manufacturing more understandable to Executive agencies that
are tasked with regulating such methods;
“\(D\) examples of trainings facilitated by the entity that
prepare workers for the biotechnology sector;
“\(E\) a description of any existing partnerships with
educational or community partners that help facilitate
workforce training for the biotechnology sector;
“\(F\) a description of any experience participating in or
leading biopharmaceutical manufacturing partnerships,
including those
with institutions of higher education, pharmaceutical
manufacturers, non-profit organizations, and governmental
agencies—
“\(i\) to organize and conduct research and development
aimed at—
“\(I\) creating and standardizing new and more effective
technology;
“\(II\) developing best practices and sharing knowledge
about such technology;
“\(III\) creating intellectual property; and
“\(IV\) maintaining technological leadership in the United
States;
“\(ii\) to support the deployment of innovative practices
and infrastructure of biopharmaceutical manufacturing in the
United States; and
“\(iii\) to support developing a skilled workforce ready to
use innovations in the biopharmaceutical manufacturing
sector; and
“\(G\) a description of how the entity intends to utilize
any funds authorized under this section to build or expand
facilities and infrastructure to achieve any of the
objectives described in subsection \(a\)\(2\).
“\(4\) Selection criteria.—In selecting an applicant for a
grant or other transaction agreement under paragraph \(1\), the
Director shall consider the following:
“\(A\) The potential of the applicant to establish a
Innovation Center that would achieve the objectives set forth
in subsection \(a\)\(2\).
“\(B\) The past performance of the applicant in
biopharmaceutical manufacturing workforce development and the
potential of the applicant to support workforce development
activities in various regions throughout the United States.
“\(C\) The extent to which the applicant proposes to
leverage the activities of other biopharmaceutical
manufacturing innovation, development, and scaling
initiatives, including Manufacturing USA institutes \(as
defined in section 34\(d\)\).
“\(D\) Whether the proposed location for the Innovation
Center is proximate to other biomanufacturing infrastructure,
training facilities, or industrial clusters.
“\(E\) The time the applicant estimates is needed for the
Innovation Center to be fully operational and to start
delivering impact.
“\(F\) The amount of co-investment committed by Federal,
State, private, and other sources to establish the Innovation
Center.
“\(G\) The alignment with the other initiatives of the
Department of Commerce and the National Institute of
Standards and Technology, including the Manufacturing
Innovation Institutes, biometrology research and standards
setting, and research programs.
“\(H\) Plans for the Innovation Center to engage in
collaborative research with the National Institute of
Standards and Technology.
“\(I\) Any additional criteria that the Director considers
relevant.
“\(c\) Annual Reports.—
“\(1\) Initial report.—Not later than one year after the
date on which the Director awards to or enters into with an
eligible entity a grant or other transaction agreement to
establish the Innovation Center under subsection \(b\)\(1\), the
Director shall submit to Congress a report describing the
progress on establishing the Innovation Center, including—
“\(A\) the construction of facilities;
“\(B\) any activities, partnerships, and collaborations by
the Innovation Center; and
“\(C\) any other information regarding the formation of the
Innovation Center that the Director considers relevant.
“\(2\) Progress report.—Not later than one year after the
date on which operations at the Innovation Center officially
begin, the Director shall submit to Congress a report
describing—
“\(A\) the activities, partnerships, collaborations, and
findings of the Innovation Center; and
“\(B\) any other information regarding the Innovation Center
that the Director considers relevant.
“\(3\) Final report.—Not later than 5 years after the date
on which operations at the Innovation Center officially
begin, the Director shall submit to Congress a report
describing—
“\(A\) the activities, partnerships, collaborations, and
findings of the Innovation Center; and
“\(B\) any other information regarding the Innovation Center
that the Director considers relevant.
“\(4\) Publication.—The Director shall make the reports
required by paragraphs \(1\), \(2\), and \(3\) available to the
public in an easily accessible electronic format on a website
of the Federal Government that includes information on
biotechnology.
“\(d\) Guidelines.—The Director shall ensure that, prior to
commencing operations, the Innovation Center, in
collaboration with similar existing institutions, such as
Manufacturing USA institutes \(as defined in section 34\(d\)\),
establishes guidelines for research conducted within or in
collaboration with the Innovation Center, including
guidelines with respect to intellectual property and any
other guideline that the Director considers relevant.
“\(e\) Authorization of Appropriations.—There is authorized
to be appropriated to the Director to carry out this
section—
“\(1\) $40,000,000 for fiscal year 2027;
“\(2\) $40,000,000 for fiscal year 2028; and
“\(3\) $40,000,000 for fiscal year 2029.
“\(f\) Definitions.—In this section:
“\(1\) Biomanufacturing.—The term \`biomanufacturing' means
the use of a biological system to produce goods and services
at commercial scale.
“\(2\) Biopharmaceutical.—The term \`biopharmaceutical'
means a pharmaceutical drug product manufactured using,
extracted from, or synthesized from living cells or
biological organisms.
“\(3\) Biotechnology.—The term \`biotechnology' means
technology that applies to or is enabled by life sciences
innovation or product development.
“\(4\) Executive agency.—The term \`Executive agency'—
“\(A\) has the meaning given that term in section 105 of
title 5, United States Code; and
“\(B\) includes the Executive Office of the President and
the Office of the Vice President.
“\(5\) Institution of higher education.—The term
\`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965 \(20
U.S.C. 1001\).”.
SA 6335. Mr. WICKER \(for himself and Mr. Reed\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 704.
In section 4701, in the table relating to Weapons
Activities, Stockpile management—
\(1\) move the item relating to “Restoration of statutorily-
directed funding” from below the item relating to “W88 ALT
370” to below the item relating to “W-80-5 Modification
Program”;
\(2\) in the item relating to “W-80-5 Modification
Program”, strike “0” in the Senate Authorized column and
insert “150,000”; and
\(3\) strike the item relating to “Realignment of improperly
applied reconciliation funds”.
In section 4701, in the table relating to Production
Modernization—
\(1\) in the item relating to “21-D-510 HE Synthesis,
Formulation, and Production, PX”—
\(A\) strike “0” in the Senate Authorized column and insert
“42,000”; and
\(B\) strike the line relating to “Project Continuation”;
and
\(2\) in the item relating to “18-D-690 Lithium Processing
Facility, Y-12”, strike the line relating to “Project
Continuation”.
In section 4701, in the table relating to “Stockpile
research, technology, and engineering”, in the line relating
to “Enhanced sustainment for Omega Laser Facility”, under
“Inertial Confinement Fusion”, strike “0” in the Senate
Authorized column and insert “\(15,000\)”.
In section 4701, in the table relating to “Savannah River
Site”, in the item relating to “Savannah River community
and regulatory support”—.
\(1\) strike “5,450” in the Senate Authorized column and
insert “10,450”;
\(2\) in the item relating to “Payment in lieu of taxes”,
strike “5,000” and insert “\(5,000\)”; and
\(3\) strike the item relating to “Program restoration”.
SA 6336. Mr. RISCH \(for himself, Ms. Cortez Masto, and Mr. Crapo\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle \_—Precious Metals Depositories
SEC. 1. FINDINGS.
Congress finds the following:
\(1\) Precious metals exchanges currently require physically
traded metals to be stored within close proximity to New York
City.
\(2\) Geographic concentration creates systemic risk
vulnerabilities, reduces available liquidity, and increases
the cost to market participants.
\(3\) Recent liquidity events in global metals markets
underscore the need to minimize regulatory barriers that
reduce the available supply of metals to the publicly traded
marketplace.
\(4\) Notwithstanding the current limited supply, the
security standards of existing vaults supporting publicly
traded exchanges are outstanding and have enhanced the
confidence of market participants.
\(5\) Market liquidity and participant confidence will be
enhanced by the addition of storage vaults of relative scale
and commercial importance in the marketplace.
\(6\) Additional supply in lower-cost markets, especially
markets that are near hubs of precious metals activity and
interstate transportation networks, would also reduce storage
costs, enhance competition in the storage marketplace, and
promote greater market access to investors.
\(7\) It is in the public interest for systemically important
financial market utilities to provide a clear and transparent
selection process for precious metals storage facilities
within their network.
SEC. 1. PRECIOUS METALS DEPOSITORIES USED IN CONNECTION
WITH FUTURES CONTRACTS.
Section 5b\(c\)\(2\) of the Commodity Exchange Act \(7 U.S.C.
7a-1\(c\)\(2\)\) is amended—
\(1\) in subparagraph \(E\)\(vii\), by inserting “, including
risks related to the geographic concentration of depositories
for the storage of gold, silver, platinum, and palladium
\(referred to in this paragraph as \`precious metals'\),” after
“clause \(vi\)”;
\(2\) in subparagraph \(F\)—
\(A\) by redesignating clause \(iii\) as clause \(iv\); and
\(B\) by inserting after clause \(ii\) the following:
“\(iii\) Approval of precious metals depositories.—
“\(I\) In general.—A derivatives clearing organization that
clears agreements, contracts, transactions, or swaps that can
result in the physical delivery of precious metals and is a
designated financial market utility \(as defined in section
803 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act \(12 U.S.C. 5462\)\) \(referred to in this
paragraph as a \`systemically important derivatives clearing
organization'\) shall—
“\(aa\) develop, publish, and employ objective and
transparent criteria in evaluating and selecting depositories
for the storage of precious metals used in connection with a
contract of sale of a commodity for future delivery; and
“\(bb\) provide a formal process for those depositories to
apply for that selection.
“\(II\) Selection factors.—In selecting depositories under
subclause \(I\), a systemically important derivatives clearing
organization shall—
“\(aa\) assess and account for, among other factors,
geographic diversity, competition, risk management, storage
costs to members and participants, and systemic risk
implications; and
“\(bb\) approve new depositories in the context of a public
interest in increased geographic diversity, increased
liquidity, market resiliency, market access, competition, and
cost efficiency, consistent with appropriate security and
quality standards.
“\(III\) Geographical requirement.—
“\(aa\) In general.—A systemically important derivatives
clearing organization shall select at least 2 depositories
described in subclause \(I\) in each time zone described in
item \(bb\).
“\(bb\) Time zone.—A time zone referred to in item \(aa\) is
each of the following:
“\(AA\) Eastern time.
“\(BB\) Central time.
“\(CC\) Mountain time.
“\(DD\) Pacific time.”;
\(3\) in subparagraph \(I\)—
\(A\) in clause \(ii\)\(II\), by striking “and” at the end;
\(B\) in clause \(iii\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(iv\) periodically assess the ease of access for market
participants with respect to the physical settlement of any
commodity, regardless of the geographic location within the
United States, to ensure system availability and
resiliency.”;
\(4\) in subparagraph \(L\)\(iii\)—
\(A\) in subclause \(IV\), by striking “and” at the end;
\(B\) by redesignating subclause \(V\) as subclause \(VI\); and
\(C\) by inserting after subclause \(IV\) the following:
“\(V\) in the case of a systemically important derivatives
clearing organization, conditions for applying to, and
receiving approval from, the systemically important
derivatives clearing organization as a metal service
provider, such as a depository for the storage of precious
metals; and”; and
\(5\) in subparagraph \(N\)\(i\), by inserting “, including with
respect to the approval of a metal service provider, such as
a depository for the storage of precious metals” after
“trade”.
SA 6337. Mr. WYDEN \(for himself and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. . SECURE AND INTEROPERABLE DEFENSE COLLABORATION
TECHNOLOGY.
\(a\) Definitions.—In this section:
\(1\) Chief information officer.—The term “Chief
Information Officer” means the Chief Information Officer of
the Department of Defense.
\(2\) Collaboration technology.—The term “collaboration
technology” means a software system or application that
offers one or more primary collaboration technology features.
\(3\) Department.—The term “Department” means the
Department of Defense.
\(4\) End-to-end encryption.—The term “end-to-end
encryption” means communications encryption in which data is
encrypted when being passed through a network such that no
party, other than the sender and each intended recipient of
the communication, can access the decrypted communication,
regardless of the transport technology used and the
intermediaries or intermediate steps along the sending path.
\(5\) Identified standards.—The term “identified
standards” means the standard, or set of standards,
identified under subsection \(b\)\(2\).
\(6\) Interoperability.—The term “interoperability” has
the meaning given the term in section 3601 of title 44,
United States Code.
\(7\) Open standard.—The term “open standard” means a
standard, or a set of standards, that—
\(A\) is available for any individual to read and implement;
\(B\) does not impose any royalty or other fee for use; and
\(C\) can be certified for low or no cost to users of the
standard or set of standards.
\(8\) Primary collaboration technology feature.—The term
“primary collaboration technology feature” means a
technology feature or function that—
\(A\) facilitates remote work or collaboration within the
Department;
\(B\) facilitates the work or collaboration described in
subparagraph \(A\) by providing functionality that is core or
essential, rather than ancillary or secondary; and
\(C\) is identified by the Chief Information Officer under
subsection \(b\)\(1\).
\(9\) Standards-compatible collaboration technology.—The
term “standards-compatible collaboration technology” means
collaboration technology—
\(A\) each primary collaboration technology feature of which
is compatible with the identified standards for such a
primary collaboration technology feature; and
\(B\) that has demonstrated compliance under subsection
\(d\)\(2\).
\(10\) Voluntary consensus standard.—The term “voluntary
consensus standard” has the meaning given such term in
Circular A-119 of the Office of Management and Budget
entitled “Federal Participation in the Development and Use
of Voluntary Consensus Standards and in Conformity Assessment
Activities”, issued in revised form on January 27, 2016.
\(11\) Third-party hosting server.—The term “third-party
hosting server” means any computer or software system which
is not directly operated and managed by the Department.
\(b\) Identifying Standards for Defense Collaboration
Technology.—
\(1\) Identification of features.—Not later than 180 days
after the date of the enactment of this Act, the Chief
Information Officer shall, in consultation with such others
as the Chief Information Officer considers relevant, identify
a list of primary collaboration technology features,
including—
\(A\) voice and video calling, including—
\(i\) calling between two individuals within the Department
\(including any agencies or departments within the
Department\); and
\(ii\) calling between not less than three individuals within
the Department \(including any agencies or departments within
the Department\);
\(B\) text-based messaging within the Department \(including
any agencies or departments within the Department\);
\(C\) file sharing within the Department \(including any
agencies or departments within the Department\);
\(D\) live document editing within the Department \(including
any agencies or departments within the Department\);
\(E\) scheduling and calendaring within the Department
\(including any agencies or departments within the
Department\); and
\(F\) any other technology feature or function that the Chief
Information Officer considers appropriate.
\(2\) Identification of standards.—Not later than two years
after the date of the enactment of this Act, the Chief
Information Officer shall identify a standard, or set of
standards, for collaboration technology used by the
Department that—
\(A\) for each primary collaboration technology feature,
specifies interoperability protocols, and any other protocol,
format, requirement, or guidance required to create
interoperable implementations of that feature, including—
\(i\) protocols for applications to specify and standardize
security, including systems for—
\(I\) identifying and authenticating the individuals who are
party to a communication or collaboration task;
\(II\) controlling the attendance and security settings of
voice and video calls; and
\(III\) controlling access and editing rights for shared
documents; and
\(ii\) protocols for any ancillary feature the Chief
Information Officer identifies to support the core primary
collaboration technology feature, including participation
features available within video meetings;
\(B\) to the extent possible, is based on open standards;
\(C\) to the extent possible, is based on standards planned,
developed, established, or coordinated using procedures
consistent with those for voluntary consensus standards;
\(D\) subject to paragraph \(3\), uses end-to-end encryption
technology;
\(E\) incorporates protocols, guidance, and requirements
based on best practices for the cybersecurity of
collaboration technology and collaboration technology
features;
\(F\) to the extent practicable, integrates cybersecurity
technology designed to protect communications from
surveillance by foreign adversaries, including technology to
protect communications metadata from traffic analysis, with
requirements developed in consultation with such others as
the Chief Information Officer considers relevant;
\(G\) to the extent practicable, is usable by, or offers
options for, users with internet connections that have low-
bandwidth or high-latency;
\(H\) subject to paragraph \(5\), with respect to the use of
primary collaboration technology features, adds requirements
to the identified standards that enables compliance with
record retention and disclosure obligations, and permit
internal lawful access for law enforcement purposes; and
\(I\) to the extent practicable, is compatible with all
relevant information management rules, regulations, and
policies, without the need for waivers or exceptions to such
requirements.
\(3\) End-to-end encryption requirements.—
\(A\) In general.—The end-to-end encryption technology
selected as part of the identified standards under paragraph
\(2\), to the extent practicable, shall ensure that
collaboration and communications content data cannot be
compromised if a third-party hosting server is compromised.
\(B\) End-to-end encryption not available.—Subject to
subparagraph \(C\), if the Chief Information Officer has
identified an ancillary feature or function for a primary
collaboration technology feature and is unable to identify a
standard, or set of standards, that uses end-to-end
encryption and that is compatible with such ancillary feature
or function, the Chief Information Officer may identify a
standard or set of standards that does not utilize end-to-end
encryption that may be used to support the ancillary feature
or function.
\(C\) End-to-end encryption by default.—
\(i\) In general.—Subject to clause \(ii\), the Chief
Information Officer shall ensure that, with respect to the
use of standards-compatible collaboration technology that
offers an ancillary technology feature or function described
in subparagraph \(B\)—
\(I\) the ancillary feature or function is disabled by
default; and
\(II\) the primary collaboration technology feature uses end-
to-end encryption.
\(ii\) Exception.—Clause \(i\) shall not apply to the use of a
primary collaboration technology feature with an ancillary
feature or function described in subparagraph \(B\) if—
\(I\) the Chief Information Officer has enabled the use of
the ancillary feature or function within the Department;
\(II\) each user of the ancillary feature or function has
been notified of the additional cybersecurity and
surveillance risks accompanying the use of the ancillary
feature or function;
\(III\) each user of the ancillary feature or function has
explicitly opted into the use of the ancillary feature or
function; and
\(IV\) the primary collaboration technology feature offers a
means for the Chief Information Officer to collect aggregate
statistics about the use of the options that are not end-to-
end encrypted.
\(D\) Encryption status transparency.—To the extent
practicable, the Chief Information Officer shall identify
protocols, guidance, or requirements to ensure that
standards-compatible collaboration technology provides users
the ability to easily see the encryption status of any
collaboration feature in use.
\(4\) Considerations.—In identifying the identified
standards, the Chief Information Officer shall consider
secure, standards-based technologies adopted by a component
or element of the Department, allies of the United States,
State and local governments, and the private sector.
\(5\) Compliance with record-keeping requirements.—The Chief
Information Officer shall ensure, to the greatest extent
practicable, that the requirements added to the identified
standards to achieve compliance with record retention and
disclosure obligations, and to permit internal lawful access
for law enforcement purposes—
\(A\) preserve the security benefits of end-to-end
encryption, including that only specifically authorized
personnel of the Department can access retained records of
collaboration;
\(B\) avoid storing information, like plaintext messages or
decryption keys, that would compromise the security of
communications content data if a third-party hosting server
were compromised;
\(C\) minimize other cybersecurity risks; and
\(D\) require that all users party to a communication be
notified that the communications content data is being saved
for archival purposes.
\(6\) Waiver to extend deadline for standards
identification.—
\(A\) In general.—If the Chief Information Officer
determines that it is infeasible to identify a standard for a
particular primary collaboration technology feature not later
than two years after the date of enactment of this Act, the
Chief Information Officer may issue a waiver to extend the
deadline for the identification of such standard for the
particular primary collaboration technology feature.
\(B\) Waiver requirements.—A waiver described in
subparagraph \(A\) shall include—
\(i\) the particular primary collaboration technology feature
for which the waiver is issued; and
\(ii\) an explanation of the reason for which it is currently
infeasible to identify a standard meeting the requirements
under paragraph \(2\).
\(C\) Waiver duration.—A waiver issued by the Chief
Information Officer under subparagraph \(A\) shall be valid for
one year.
\(D\) Waiver re-issuance.—The Chief Information Officer may
re-issue a waiver under paragraph \(1\) for a primary
collaboration technology feature not more than ten times.
\(c\) Requirement to Use Identified Standards.—
\(1\) In general.—On and after the date that is four years
after the date on which the Chief Information Officer
identifies the identified standards, the head of a component
or element of the Department may only procure collaboration
technology if the collaboration technology is standards-
compatible collaboration technology.
\(2\) Exception for particular collaboration systems.—The
following collaboration systems shall not be subject to the
requirements under paragraph \(1\):
\(A\) Email.
\(B\) Voice services, as defined in section 227\(e\) of the
Communications Act of 1934 \(47 U.S.C. 227\(e\)\).
\(C\) National security systems, as defined in section
11103\(a\) of title 40, United States Code.
\(3\) Exception for post-purchase configuration.—If a
software product or a device with a software operating system
has built-in primary collaboration technology features that
are not compatible with the identified standards, and the
Chief Information Officer cannot procure the product or
device with those primary collaboration technology features
disabled before purchase, the Chief Information Officer may
comply with this subsection by disabling the primary
collaboration technology features that are not compatible
with the identified standards before provisioning the
software product or device to an employee of the Department.
\(4\) Certification for waiver.—
\(A\) Certification.—The Chief Information Officer may issue
a certification for waiver of the prohibition under paragraph
\(1\) with respect to a particular collaboration technology.
\(B\) Requirement.—A certification under subparagraph \(A\)
shall cite not less than one specific reason, which shall not
be a generalized national security claim, for which the
Department is unable to procure standards-compatible
collaboration technology that meets the needs of the
Department.
\(C\) Submission.—The Chief Information Officer shall submit
to the congressional defense committees a copy of each
certification issued under subparagraph \(A\).
\(D\) Publishing.—
\(i\) Accessible posting.—The Chief Information Officer
shall publish a copy of each certification issued under
subparagraph \(A\) on the website of the Department.
\(ii\) National security.—The Secretary of Defense may waive
the requirement of subclause \(i\) on a case-by-case basis if
the Secretary certifies, in writing, to the congressional
defense committees that publicly posting the waiver described
in subparagraph \(A\) would harm the national security of the
United States.
\(E\) Duration; renewal.—A certification with respect to a
particular collaboration technology under this paragraph
shall result in a waiver of the prohibition for that
particular collaboration technology under paragraph \(1\)\(B\)
that—
\(i\) shall be valid for a four-year period; and
\(ii\) may be renewed by the Chief Information Officer, after
conducting a new assessment of available standards-
collaboration technology.
\(d\) Attestation of Compliance and Interoperability Test
Results.—
\(1\) Interoperability test.—Not later than one year after
the date on which the Chief Information Officer identifies
the identified standards, the Chief Information Officer shall
identify third-party online interoperability test suites,
including not less than one free test suite, or develop a
free online interoperability test suite if no suitable third-
party test suite can be identified, which shall—
\(A\) enable any entity to test whether an implementation of
a primary collaboration technology feature has
interoperability with the identified standards; and
\(B\) offer an externally-shareable version of the
interoperability test results that can be provided as part of
a demonstration of compliance under paragraph \(2\).
\(2\) Demonstration of compliance.—In order to demonstrate
that a collaboration technology is a standards-compatible
collaboration technology, the provider of the collaboration
technology shall provide to the Chief Information Officer—
\(A\) an attestation that includes an affirmation that—
\(i\) each primary collaboration technology feature of the
collaboration technology, by default—
\(I\) uses the relevant standard or standards from the
identified standards for the primary collaboration technology
feature to interoperate with other instances of standards-
compatible collaboration technology; and
\(II\) follows all guidance and requirements from the
identified standards that is applicable to the primary
collaboration technology feature; and
\(ii\) the collaboration technology enables the Chief
Information Officer to disable the
ability of users to use modes of the collaboration technology
that are not compatible with the identified standards; and
\(B\) interoperability test results described in paragraph
\(1\)\(B\) that demonstrate interoperability with the identified
standards for each primary collaboration technology feature
the collaboration technology offers.
\(3\) Publication of standards-compatible collaboration
technology vendors.—Upon a review of the materials submitted
under paragraph \(2\), the Chief Information Officer shall
publish on the website of the Department a list of each
collaboration technology that the Chief Information Officer
has determined to be a standards-compatible collaboration
technology.
\(4\) Rule of construction.—Nothing in this subsection shall
be construed to require a collaboration technology vendor to
directly test the interoperability of a primary collaboration
technology feature with the product of another collaboration
technology vendor.
\(e\) Cybersecurity Reviews of Collaboration Technology
Products.—
\(1\) In general.—Not later than four years after the date
on which the Chief Information Officer identifies the
identified standards, the Chief Information Officer shall
conduct security reviews of collaboration technology products
used within the Department, to identify any cybersecurity
vulnerability or threat relating to those collaboration
technology products.
\(2\) Selection and prioritization.—With respect to
collaboration technology products selected for security
reviews under paragraph \(1\), the Chief Information Officer
shall determine the number of products, the specific
products, and the prioritization of products for security
review, considering factors including—
\(A\) the total number of users across the Department using a
collaboration technology product; and
\(B\) an estimation of the likelihood of a collaboration
technology product being targeted for hacking.
\(3\) Report.—Not later than 30 days after the date on which
the Chief Information Officer conducts security reviews under
paragraph \(1\), the Chief Information Officer shall submit to
the congressional defense committees a report on the results
of the security reviews.
\(f\) Updates to Identified Standards.—
\(1\) Solicitation of feedback.—The Chief Information
Officer shall regularly solicit feedback from within the
Department to identify areas of improvement of the identified
standards, desired collaboration technology features, and
barriers to the adoption of standards-compatible
collaboration technology.
\(2\) Updates authorized.—The Chief Information Officer may
update the identified standards based on feedback received
under paragraph \(1\), evolutions in collaboration technology
feature offerings, cybersecurity best practices, or any other
factor the Chief Information Officer determines.
\(g\) Rule of Construction.—Nothing in this section shall be
construed—
\(1\) to limit the ability of the Department to communicate
with other entities using standards-compatible collaboration
technology;
\(2\) to limit the ability of other entities to use the
identified standards or standards-compatible collaboration
technology;
\(3\) to limit the ability of the Department to apply,
implement, and enforce other information management policies,
regulations, and requirements with respect to standards-
compatible collaboration technology;
\(4\) to affect any of the authorities of the Director of
National Intelligence or the Office of the Director of
National Intelligence; or
\(5\) to affect information technology-related procurement
for the intelligence community \(as defined in section 3 of
the National Security Act of 1947 \(50 U.S.C. 3003\)\).
SA 6338. Mr. WYDEN \(for himself and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XVI, insert the
following:
SEC. . PROHIBITIONS ON CONTRACTORS OF THE DEPARTMENT OF
DEFENSE COLLECTING OR SELLING LOCATION DATA OF
INDIVIDUALS AT IDENTIFIED UNITED STATES
GOVERNMENT RELATED LOCATIONS.
\(a\) Prohibitions.—
\(1\) In general.—A contractor or subcontractor of the
Department of Defense, as a condition on contracting or
subcontracting with the Department of Defense, may not, while
the contractor or subcontractor is engaged on a contract or
subcontract for the Department of Defense—
\(A\) collect, retain, or knowingly or recklessly facilitate
the collection or retention of location data from phones,
wearable fitness trackers, and other cellular-enabled or
cellular-connected devices located in any covered area,
regardless of whether service for such device is provided
under contract with the Department of Defense, except as
necessary for the provision of the service as specifically
contracted; or
\(B\) sell, monetize, or knowingly or recklessly facilitate
the sale of, location data described in subparagraph \(A\) to
any individual or entity that is not an officer or element of
the Federal Government.
\(2\) Continuing obligations after contract performance
engagement.—After engagement on a contract or subcontract
described in paragraph \(1\), the requirements of such
paragraph shall continue to apply to any location data
described in paragraph \(1\)\(A\) that the contractor or
subcontractor collected or retained while engaged on such
contract or subcontract for the Department of Defense.
\(3\) Subcontracts.—
\(A\) In general.—Each contractor of the Department of
Defense shall be responsible for ensuring that subcontractors
to its contract are in compliance with the requirements of
this subsection.
\(B\) Required clauses.—The Secretary of Defense may require
that the terms of a subcontract of a contract of the
Department of Defense explicitly require that the
subcontractor complies with the provisions of this
subsection.
\(b\) Covered Areas.—For purposes of subsection \(a\), a
covered area is any geofenced area included in the
Government-Related Location Data List in section 202.1401 of
title 28, Code of Federal Regulations, or successor
regulations.
\(c\) Certification.—The Secretary of Defense shall require
each contractor of the Department of Defense to, not less
than 60 days after the date of the enactment of this Act and
not less frequently than once each year thereafter, submit to
the Secretary of Defense a certification as to whether the
contractor and the subcontractors of the contractor, if any,
were in compliance with subsection \(a\) during the previous 12
months \(or previous 60 days, for the first certification\),
including compliance with any continued duties under
subsection \(a\)\(1\)\(B\) to which that contractor is subject
under other contracts.
\(d\) Treatment of Certifications.—The veracity of a
certification under subsection \(c\) shall be treated as
“material” for purposes of section 3729 of title 31, United
States Code.
SA 6339. Mr. WYDEN \(for himself and Ms. Lummis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . SUBPOENA ABUSE PREVENTION ACT.
\(a\) Short Title.—This section may be cited as the
“Subpoena Abuse Prevention Act”.
\(b\) Reforming Subpoenas.—
\(1\) Consistent protections for phone and app-based call and
texting records.—Section 2703\(c\)\(2\) of title 18, United
States Code, is amended—
\(A\) by striking subparagraph \(C\); and
\(B\) by redesignating subparagraphs \(D\), \(E\), and \(F\) as
subparagraphs \(C\), \(D\), and \(E\), respectively.
\(2\) Prohibiting the use of subpoenas for bulk collection of
certain subscriber information.—Section 2703\(c\)\(2\) of title
18, United States Code, as amended by paragraph \(1\), is
further amended in the matter following subparagraph \(E\), as
so redesignated, by inserting “, provided that for any
administrative, grand jury, or trial subpoena, the
governmental entity identifies the subscriber or customer by
name, address, temporarily assigned network address, or
account identifier \(such as a username\)” before the period
at the end.
\(3\) Prohibiting the use of subpoenas with a purpose to
investigate constitutionally protected activities.—Section
2703\(c\) of title 18, United States Code, is further amended
by adding at the end the following:
“\(4\) Protections for constitutionally protected
activities.—
“\(A\) In general.—A governmental entity may not use a
subpoena to require the disclosures described in paragraph
\(2\) if a purpose of the subpoena is to—
“\(i\) investigate, monitor, or otherwise acquire
information about activities, or any person's engagement in
activities, that are exercises of free speech, press,
religion, assembly, or petition, or are otherwise protected
by the Constitution of the United States; or
“\(ii\) retaliate against any person for their engagement in
activities that are exercises of free speech, press,
religion, assembly, or petition, or are otherwise protected
by the Constitution of the United States.
“\(B\) Required certification.—
“\(i\) In general.—A governmental entity using a subpoena
to require the disclosures described in paragraph \(2\) from a
service provider shall provide a certification under penalty
of perjury attesting that the subpoena is being made for a
legitimate and lawful purpose, and not with a purpose
described in subparagraph \(A\)—
“\(I\) to the service provider; and
“\(II\) when applying for a preclusion of notice order under
section 2705\(b\), to the court in such application.
“\(ii\) Absence of certification.—A subpoena to require the
disclosures described in paragraph \(2\) from a service
provider shall not be valid, and a preclusion of notice order
under section 2705\(b\) for such subpoena shall not issue,
unless the subpoena includes the certification described in
clause \(i\).”.
\(4\) Required disclosures.—Section 2703\(c\) of title 18,
United States Code, is further amended by adding at the end
the following:
“\(5\) Required disclosures to service provider.—
“\(A\) In general.—Except as provided in subparagraph \(B\)—
“\(i\) the service provider—
“\(I\) may notify a customer or subscriber of the receipt of
the subpoena; and
“\(II\) may consult with an attorney in order to obtain
legal advice or assistance regarding the subpoena; and
“\(ii\) the government entity shall inform the service
provider that it—
“\(I\) is not being directed to not notify any other person
of the existence of the subpoena;
“\(II\) may notify the customer or subscriber of the receipt
of the subpoena; and
“\(III\) may consult with an attorney in order to obtain
legal advice or assistance regarding the subpoena.
“\(B\) Exception for nondisclosure orders.—If a
governmental entity described in subparagraph \(A\) obtains a
preclusion of notice order under section 2705\(b\)—
“\(i\) such order may limit the right of the service
provider described in subparagraph \(A\)\(i\)\(I\); and
“\(ii\) the governmental entity shall modify the required
disclosures described in subclauses \(I\) and \(II\) of
subparagraph \(A\)\(ii\) to be consistent with the terms of the
order.”.
\(5\) Public reporting of use of administrative subpoenas.—
Section 2703\(c\) of title 18, United States Code, is further
amended by adding at the end the following:
“\(6\) Reporting of federal use of administrative
subpoenas.—Each Federal governmental entity that uses an
administrative subpoena to require the disclosure of
information under this subsection shall annually publicly
publish a report containing, for the 1-year period preceding
the date of the report—
“\(A\) the number of administrative subpoenas issued by the
governmental entity, disaggregated by the statutory authority
under which the administrative subpoenas were issued; and
“\(B\) the number of accounts for which the governmental
entity received information through an administrative
subpoena, disaggregated by the statutory authority under
which the administrative subpoenas were issued.”.
SA 6340. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF THE CHANCERY OF THE UNITED STATES
IN PRISTINA, KOSOVO, AS THE “ELIOT L. ENGEL
BUILDING”.
\(a\) Designation.—The building of the Chancery of the
United States located at Arberia, Nr.25 Rr. 4 KORRIKU in
Pristina, Kosovo, shall be designated as the “Eliot L. Engel
Building”.
\(b\) References.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
building referred to in subsection \(a\) shall be deemed to be
a reference to the “Eliot L. Engel Building”.
SA 6341. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title I, insert the following:
SEC. \_\_. LIMITATION ON AVAILABILITY OF FUNDS FOR THE
RETIREMENT OR DECOMMISSIONING OF CERTAIN
TACTICAL AND NAVAL RADAR SYSTEMS.
\(a\) Limitation.—None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2027 for the Department of Defense or the
military departments may be obligated or expended to retire,
decommission, divest, or otherwise remove from active
operational service any of the radar systems specified in
subsection \(b\).
\(b\) Radar Systems Specified.—The radar systems specified
in this subsection are the following:
\(1\) The AN/SPN-43 shipboard air traffic control and air
marshaling radar system.
\(2\) The AN/SPY-1 phased-array radar system \(Aegis Combat
System\).
\(3\) The AN/TPQ-36 and AN/TPQ-37 Firefinder counter-battery
radar systems.
\(4\) Airborne Station Keeping Equipment \(SKE\) radar systems,
including the AN/APN-243.
\(c\) Exception for Beyond-repair Systems.—The limitation in
subsection \(a\) shall not apply to individual units of the
radar systems specified in subsection \(b\) that the Secretary
of the military department concerned determines have been
damaged or degraded beyond economical repair.
SA 6342. Mr. SCHUMER \(for himself and Mrs. Gillibrand\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. LIMITATION ON USE OF FUNDS TO LIMIT COLLECTIVE
BARGAINING.
None of the funds authorized to be appropriated by this Act
for the Department of Defense for fiscal year 2027 may be
used to implement Executive Order 14251, issued on March 27,
2025, relating to Exclusions from Federal labor management
relations programs, or any following policy or guidance.
SA 6343. Mr. SCHUMER \(for himself and Mr. Cotton\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PROHIBITION ON THE PROCUREMENT AND OPERATION OF
COVERED UNMANNED GROUND VEHICLE SYSTEMS.
\(a\) Definitions.—In this section:
\(1\) Covered nation.—The term “covered nation” has the
meaning given the term in section 4872\(f\) of title 10, United
States Code.
\(2\) Covered foreign entity.—The term “covered foreign
entity” means an entity that is—
\(A\) domiciled in a covered nation;
\(B\) subject to the influence or control of the government
of a covered nation, as determined by the Secretary of
Defense; or
\(C\) a subsidiary or affiliate of an entity described in
subparagraph \(A\) or \(B\).
\(3\) Covered unmanned ground vehicle system.—The term
“covered unmanned ground vehicle system” means an unmanned
ground vehicle system manufactured or assembled by a covered
foreign entity.
\(4\) Unmanned ground vehicle system.—The term “unmanned
ground vehicle system” means a system that includes—
\(A\) a mechanical device, including a remote surveillance
vehicle, autonomous patrol technology, mobile robotics, or a
humanoid robot, that—
\(i\) is capable of locomotion, navigation, or movement on
the ground; and
\(ii\) operates at a distance from a human operator or
supervisor based on commands or in response to sensor data or
any combination thereof;
\(B\) the payload of the mechanical device described in
subparagraph \(A\); and
\(C\) any external device used to control the mechanical
device described in subparagraph \(A\).
\(b\) Prohibition on Procurement of Covered Unmanned Ground
Vehicle Systems.—Except as provided under subsection \(e\),
the Department of Defense may not procure any covered
unmanned ground vehicle system.
\(c\) Prohibition on Operation of Covered Unmanned Ground
Vehicle Systems.—
\(1\) In general.—Except as provided in subsection \(e\),
beginning on the date that is one year after the date of the
enactment of this Act, the Department of Defense may not
operate a covered unmanned ground vehicle system.
\(2\) Applicability to contracted services.—The prohibition
under paragraph \(1\) applies to any covered unmanned ground
vehicle system being used by the Department of Defense
through a contract for the services of the covered unmanned
ground vehicle system.
\(d\) Prohibition on Use of Federal Funds for Procurement or
Operation of Covered Unmanned Ground Vehicle Systems.—Except
as provided in subsection \(e\), beginning on the date that is
one year after the date of the enactment of this Act, no
Federal funds awarded through a contract, grant, or
cooperative agreement of the Department of Defense, or
otherwise made available by the Department, may be used to
procure or in connection with the operation of a covered
unmanned ground vehicle system.
\(e\) Exemption to Prohibitions.—The Department of Defense
is exempt from the prohibitions under subsections \(b\), \(c\),
and \(d\) if—
\(1\) the procurement or operation of the covered unmanned
ground vehicle system is in the national interest of the
United States; and
\(2\)\(A\) the sole purpose for the procurement or operation
is—
\(i\) research, evaluation, training, testing, or analysis
for electronic warfare, information warfare operations,
cybersecurity, or the development of unmanned ground vehicle
system or counter-unmanned ground vehicle system technology;
or
\(ii\) conducting counter-terrorism or counterintelligence
activities, protective missions, or Federal criminal or
national security investigations, including forensic
examinations; or
\(B\) the covered unmanned ground vehicle system, as procured
or as modified after procurement but before operational use—
\(i\) can no longer transfer data to, or download data from,
a covered foreign entity; and
\(ii\) poses no national security cybersecurity risk as
determined by the Secretary of Defense.
SA 6344. Mr. SCHUMER \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION \_—UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE
SEC. \_\_01. SHORT TITLE.
This division may be cited as the “Unidentified Anomalous
Phenomena Disclosure Act of 2026” or the “UAP Disclosure
Act of 2026”.
SEC. \_\_02. FINDINGS, DECLARATIONS, AND PURPOSES.
\(a\) Findings and Declarations.—Congress finds and declares
the following:
\(1\) All Federal Government records related to unidentified
anomalous phenomena should be preserved and centralized for
historical and Federal Government purposes.
\(2\) All Federal Government records concerning unidentified
anomalous phenomena should carry a presumption of immediate
disclosure and all records should be eventually disclosed to
enable the public to become fully informed about the history
of the Federal Government's knowledge and involvement
surrounding unidentified anomalous phenomena.
\(3\) Legislation is necessary to create an enforceable,
independent, and accountable process for the public
disclosure of such records.
\(4\) Legislation is necessary because credible evidence and
testimony indicates that Federal Government unidentified
anomalous phenomena records exist that have not been
declassified or subject to mandatory declassification review
as set forth in Executive Order 13526 \(50 U.S.C. 3161 note;
relating to classified national security information\) due in
part to exemptions under the Atomic Energy Act of 1954 \(42
U.S.C. 2011 et seq.\), as well as an over-broad interpretation
of “transclassified foreign nuclear information”, which is
also exempt from mandatory declassification, thereby
preventing public disclosure under existing provisions of
law.
\(5\) Legislation is necessary because section 552 of title
5, United States Code \(commonly referred to as the “Freedom
of Information Act”\), as implemented by the Executive branch
of the Federal Government, has proven inadequate in achieving
the timely public disclosure of Government unidentified
anomalous phenomena records that are subject to mandatory
declassification review.
\(6\) Legislation is necessary to restore proper oversight
over unidentified anomalous phenomena records by elected
officials in both the executive and legislative branches of
the Federal Government that has otherwise been lacking as of
the enactment of this Act.
\(7\) Legislation is necessary to afford complete and timely
access to all knowledge gained by the Federal Government
concerning unidentified anomalous phenomena in furtherance of
comprehensive open scientific and technological research and
development essential to avoiding or mitigating potential
technological surprise in furtherance of urgent national
security concerns and the public interest.
\(b\) Purposes.—The purposes of this division are—
\(1\) to provide for the creation of the unidentified
anomalous phenomena Records Collection at the National
Archives and Records Administration; and
\(2\) to require the expeditious public transmission to the
Archivist and public disclosure of such records.
SEC. \_\_03. DEFINITIONS.
In this division:
\(1\) Archivist.—The term “Archivist” means the Archivist
of the United States.
\(2\) Close observer.—The term “close observer” means
anyone who has come into close proximity to unidentified
anomalous phenomena or non-human intelligence.
\(3\) Collection.—The term “Collection” means the
Unidentified Anomalous Phenomena Records Collection
established under section \_\_04.
\(4\) Controlled disclosure campaign plan.—The term
“Controlled Disclosure Campaign Plan” means the Controlled
Disclosure Campaign Plan required by section \_\_09\(c\)\(3\).
\(5\) Controlling authority.—The term “controlling
authority” means any Federal, State, or local government
department, office, agency, committee, commission, commercial
company, academic institution, or private sector entity in
physical possession of technologies of unknown origin or
biological evidence of non-human intelligence.
\(6\) Director.—The term “Director” means the Director of
the Office of Government Ethics.
\(7\) Executive agency.—The term “Executive agency” means
an Executive agency, as defined in subsection 552\(f\) of title
5, United States Code.
\(8\) Government office.—The term “Government office”
means any department, office, agency, committee, or
commission of the Federal Government and any independent
office or agency without exception that has possession or
control, including via contract or other agreement, of
unidentified anomalous phenomena records.
\(9\) Identification aid.—The term “identification aid”
means the written description prepared for each record, as
required in section \_\_04.
\(10\) Leadership of congress.—The term “leadership of
Congress” means—
\(A\) the majority leader of the Senate;
\(B\) the minority leader of the Senate;
\(C\) the Speaker of the House of Representatives; and
\(D\) the minority leader of the House of Representatives.
\(11\) Legacy program.—The term “legacy program” means all
Federal, State, and local government, commercial industry,
academic, and private sector endeavors to collect, exploit,
or reverse engineer technologies of unknown origin or examine
biological evidence of living or deceased non-human
intelligence that pre-dates the date of the enactment of this
Act.
\(12\) National archives.—The term “National Archives”
means the National Archives and Records Administration and
all components thereof, including presidential archival
depositories established under section 2112 of title 44,
United States Code.
\(13\) Non-human intelligence.—The term “non-human
intelligence” means any sentient intelligent non-human
lifeform regardless of nature or ultimate origin that may be
presumed responsible for unidentified anomalous phenomena or
of which the Federal Government has become aware.
\(14\) Originating body.—The term “originating body” means
the Executive agency, Federal Government commission,
committee of Congress, or other Governmental entity that
created a record or particular information within a record.
\(15\) Prosaic attribution.—The term “prosaic attribution”
means having a human \(either foreign or domestic\) origin and
operating according to current, proven, and generally
understood scientific and engineering principles and
established laws-of-nature and not attributable to non-human
intelligence.
\(16\) Public interest.—The term “public interest” means
the compelling interest in the prompt public disclosure of
unidentified anomalous phenomena records for historical and
Governmental purposes and for the purpose of fully informing
the people of the United States about the history of the
Federal Government's knowledge and involvement surrounding
unidentified anomalous phenomena.
\(17\) Record.—The term “record” includes a book, paper,
report, memorandum, directive, email, text, or other form of
communication, or map, photograph, sound or video recording,
machine-readable material, computerized, digitized, or
electronic information, including intelligence, surveillance,
reconnaissance, and target acquisition sensor data,
regardless of the medium on which it is stored, or other
documentary material, regardless of its physical form or
characteristics.
\(18\) Review board.—The term “Review Board” means the
Unidentified Anomalous Phenomena Records Review Board
established by section \_\_07.
\(19\) Technologies of unknown origin.—The term
“technologies of unknown origin” means any materials or
meta-materials, ejecta, crash debris, mechanisms, machinery,
equipment, assemblies or sub-assemblies, engineering models
or processes, damaged or intact aerospace vehicles, and
damaged or intact ocean-surface and undersea craft associated
with unidentified anomalous phenomena or incorporating
science and technology that lacks prosaic attribution or
known means of human manufacture.
\(20\) Temporarily non-attributed objects.—
\(A\) In general.—The term “temporarily non-attributed
objects” means the class of objects that temporarily resist
prosaic attribution by the initial observer as a result of
environmental or system limitations associated with the
observation process that nevertheless ultimately have an
accepted human origin or known physical cause. Although some
unidentified anomalous phenomena may at first be interpreted
as temporarily non-attributed objects, they are not
temporarily non-attributed objects, and the two categories
are mutually exclusive.
\(B\) Inclusion.—The term “temporarily non-attributed
objects” includes—
\(i\) natural celestial, meteorological, and undersea weather
phenomena;
\(ii\) mundane human-made airborne objects, clutter, and
marine debris;
\(iii\) Federal, State, and local government, commercial
industry, academic, and private sector aerospace platforms;
\(iv\) Federal, State, and local government, commercial
industry, academic, and private sector ocean-surface and
undersea vehicles; and
\(v\) known foreign systems.
\(21\) Third agency.—The term “third agency” means a
Government agency that originated a unidentified anomalous
phenomena record that is in the possession of another
Government agency.
\(22\) Unidentified anomalous phenomena.—
\(A\) In general.—The term “unidentified anomalous
phenomena” means any object operating or judged capable of
operating in outer-space, the atmosphere, ocean surfaces, or
undersea lacking prosaic attribution due to performance
characteristics and properties not previously known to be
achievable based upon commonly accepted physical principles.
Unidentified anomalous phenomena are differentiated from both
attributed and temporarily non-attributed objects by one or
more of the following observables:
\(i\) Instantaneous acceleration absent apparent inertia.
\(ii\) Hypersonic velocity absent a thermal signature and
sonic shockwave.
\(iii\) Transmedium \(such as space-to-ground and air-to-
undersea\) travel.
\(iv\) Positive lift contrary to known aerodynamic
principles.
\(v\) Multispectral signature control.
\(vi\) Physical or invasive biological effects to close
observers and the environment.
\(B\) Inclusions.—The term “unidentified anomalous
phenomena” includes what were previously described as—
\(i\) flying discs;
\(ii\) flying saucers;
\(iii\) unidentified aerial phenomena;
\(iv\) unidentified flying objects \(UFOs\); and
\(v\) unidentified submerged objects \(USOs\).
\(23\) Unidentified anomalous phenomena record.—The term
“unidentified anomalous phenomena record” means a record
that is related to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence
\(and all equivalent subjects by any other name with the
specific and sole exclusion of temporarily non-attributed
objects\) that was created or made available for use by,
obtained by, or otherwise came into the possession of—
\(A\) the Executive Office of the President;
\(B\) the Department of Defense and its progenitors, the
Department of War and the Department of the Navy;
\(C\) the Department of the Army;
\(D\) the Department of the Navy;
\(E\) the Department of the Air Force, specifically the Air
Force Office of Special Investigations;
\(F\) the Department of Energy and its progenitors, the
Manhattan Project, the Atomic Energy Commission, and the
Energy Research and Development Administration;
\(G\) the Office of the Director of National Intelligence;
\(H\) the Central Intelligence Agency and its progenitor, the
Office of Strategic Services;
\(I\) the National Reconnaissance Office;
\(J\) the Defense Intelligence Agency;
\(K\) the National Security Agency;
\(L\) the National Geospatial-Intelligence Agency;
\(M\) the National Aeronautics and Space Administration:
\(N\) the Federal Bureau of Investigation;
\(O\) the Federal Aviation Administration;
\(P\) the National Oceanic and Atmospheric Administration;
\(Q\) the Library of Congress;
\(R\) the National Archives and Records Administration;
\(S\) any Presidential library;
\(T\) any Executive agency;
\(U\) any independent office or agency;
\(V\) any other department, office, agency, committee, or
commission of the Federal Government;
\(W\) any State or local government department, office,
agency, committee, or commission that provided support or
assistance or performed work, in connection with a Federal
inquiry into unidentified anomalous phenomena, technologies
of unknown origin, or non-human intelligence; and
\(X\) any private sector person or entity formerly or
currently under contract or some other agreement with the
Federal Government.
SEC. \_\_04. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS
COLLECTION AT THE NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION.
\(a\) Establishment.—
\(1\) In general.—\(A\) Not later than 60 days after the date
of the enactment of this Act, the Archivist shall commence
establishment of a collection of records in the National
Archives to be known as the “Unidentified Anomalous
Phenomena Records Collection”.
\(B\) In carrying out subparagraph \(A\), the Archivist shall
ensure the physical integrity and original provenance \(or if
indeterminate, the earliest historical owner\) of all records
in the Collection.
\(C\) The Collection shall consist of record copies of all
Government, Government-provided, or Government-funded records
relating to unidentified anomalous phenomena, technologies of
unknown origin, and non-human intelligence \(or equivalent
subjects by any other name with the specific and sole
exclusion of temporarily non-attributed objects\), which shall
be transmitted to the National Archives in accordance with
section 2107 of title 44, United States Code.
\(D\) The Archivist shall prepare and publish a subject
guidebook and index to the Collection.
\(2\) Contents.—The Collection shall include the following:
\(A\) All unidentified anomalous phenomena records,
regardless of age or date of creation—
\(i\) that have been transmitted to the National Archives or
disclosed to the public in an unredacted form prior to the
date of the enactment of this Act;
\(ii\) that are required to be transmitted to the National
Archives; and
\(iii\) that the disclosure of which is postponed under this
Act.
\(B\) A central directory comprised of identification aids
created for each record transmitted to the Archivist under
section \_\_05.
\(C\) All Review Board records as required by this Act.
\(b\) Disclosure of Records.—All unidentified anomalous
phenomena records transmitted to the National Archives for
disclosure to the public shall—
\(1\) be included in the Collection; and
\(2\) be available to the public—
\(A\) for inspection and copying at the National Archives
within 30 days after their transmission to the National
Archives; and
\(B\) digitally via the National Archives online database
within a reasonable amount of time not to exceed 180 days
thereafter.
\(c\) Fees for Copying.—
\(1\) In general.—The Archivist shall—
\(A\) charge fees for copying unidentified anomalous
phenomena records; and
\(B\) grant waivers of such fees pursuant to the standards
established by section 552\(a\)\(4\) of title 5, United States
Code.
\(2\) Amount of fees.—The amount of a fee charged by the
Archivist pursuant to paragraph \(1\)\(A\) for the copying of an
unidentified anomalous phenomena record shall be such amount
as the Archivist determines appropriate to cover the costs
incurred by the National Archives in making and providing
such copy, except that in no case may the amount of the fee
charged exceed the actual expenses incurred by the National
Archives in making and providing such copy.
\(d\) Additional Requirements.—
\(1\) Use of funds.—The Collection shall be preserved,
protected, archived, digitized, and made available to the
public at the National Archives and via the official National
Archives online database using appropriations authorized,
specified, and restricted for use under the terms of this
Act.
\(2\) Security of records.—The National Security Program
Office at the National Archives, in consultation with the
National Archives Information Security Oversight Office,
shall establish a program to ensure the security of the
postponed unidentified anomalous phenomena records in the
protected, and yet-to-be disclosed or classified portion of
the Collection.
\(e\) Oversight.—
\(1\) Senate.—The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the Collection.
\(2\) House of representatives.—The Committee on Oversight
and Accountability of the House of Representatives shall have
continuing legislative oversight jurisdiction in the House of
Representatives with respect to the Collection.
SEC. \_\_05. REVIEW, IDENTIFICATION, TRANSMISSION TO THE
NATIONAL ARCHIVES, AND PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS BY
GOVERNMENT OFFICES.
\(a\) Identification, Organization, and Preparation for
Transmission.—
\(1\) In general.—As soon as practicable after the date of
the enactment of this Act, each head of a Government office
shall—
\(A\) identify and organize records in the possession of the
Government office or under the control of the Government
office relating to unidentified anomalous phenomena; and
\(B\) prepare such records for transmission to the Archivist
for inclusion in the Collection.
\(2\) Prohibitions.—\(A\) No unidentified anomalous phenomena
record shall be destroyed, altered, or mutilated in any way.
\(B\) No unidentified anomalous phenomena record made
available or disclosed to the public prior to the date of the
enactment of this Act may be withheld, redacted, postponed
for public disclosure, or reclassified.
\(C\) No unidentified anomalous phenomena record created by a
person or entity outside the Federal Government \(excluding
names or identities consistent with the requirements of
section \_\_06\) shall be withheld, redacted, postponed for
public disclosure, or reclassified.
\(b\) Custody of Unidentified Anomalous Phenomena Records
Pending Review.—During the review by the heads of Government
offices under subsection \(c\) and pending review activity by
the Review Board, each head of a Government office shall
retain custody of the unidentified anomalous phenomena
records of the office for purposes of preservation, security,
and efficiency, unless—
\(1\) the Review Board requires the physical transfer of the
records for purposes of conducting an independent and
impartial review;
\(2\) transfer is necessary for an administrative hearing or
other Review Board function; or
\(3\) it is a third agency record described in subsection
\(c\)\(2\)\(C\).
\(c\) Review by Heads of Government Offices.—
\(1\) In general.—Not later than 300 days after the date of
the enactment of this Act, each head of a Government office
shall review, identify, and organize each unidentified
anomalous phenomena record in the custody or possession of
the office for—
\(A\) disclosure to the public;
\(B\) review by the Review Board; and
\(C\) transmission to the Archivist.
\(2\) Requirements.—In carrying out paragraph \(1\), the head
of a Government office shall—
\(A\) determine which of the records of the office are
unidentified anomalous phenomena records;
\(B\) determine which of the unidentified anomalous phenomena
records of the office have been officially disclosed or made
publicly available in a complete and unredacted form;
\(C\)\(i\) determine which of the unidentified anomalous
phenomena records of the office, or particular information
contained in such a record, was created by a third agency or
by another Government office; and
\(ii\) transmit to a third agency or other Government office
those records, or particular information contained in those
records, or complete and accurate copies thereof;
\(D\)\(i\) determine whether the unidentified anomalous
phenomena records of the office or particular information in
unidentified anomalous phenomena records of the office are
covered by the standards for postponement of public
disclosure under this division; and
\(ii\) specify on the identification aid required by
subsection \(d\) the applicable postponement provision
contained in section \_\_06;
\(E\) organize and make available to the Review Board all
unidentified anomalous phenomena records identified under
subparagraph \(D\) the public disclosure of, which in-whole or
in-part, may be postponed under this division;
\(F\) organize and make available to the Review Board any
record concerning which the office has any uncertainty as to
whether the record is an unidentified anomalous phenomena
record governed by this division;
\(G\) give precedence of work to—
\(i\) the identification, review, and transmission of
unidentified anomalous phenomena records not already publicly
available or disclosed as of the date of the enactment of
this Act;
\(ii\) the identification, review, and transmission of all
records that most unambiguously and definitively pertain to
unidentified anomalous phenomena, technologies of unknown
origin, and non-human intelligence;
\(iii\) the identification, review, and transmission of
unidentified anomalous phenomena records that on the date of
the enactment of this Act are the subject of litigation under
section 552 of title 5, United States Code; and
\(iv\) the identification, review, and transmission of
unidentified anomalous phenomena records with earliest
provenance when not inconsistent with clauses \(i\) through
\(iii\) and otherwise feasible; and
\(H\) make available to the Review Board any additional
information and records that the Review Board has reason to
believe the Review Board requires for conducting a review
under this division.
\(3\) Priority of expedited review for directors of certain
archival depositories.—The Director of each archival
depository established under section 2112 of title 44, United
States Code, shall have as a priority the expedited review
for public disclosure of unidentified anomalous phenomena
records in the possession and custody of the depository, and
shall make such records available to the Review Board as
required by this division.
\(d\) Identification Aids.—
\(1\) In general.—\(A\) Not later than 45 days after the date
of the enactment of this Act, the Archivist, in consultation
with the heads of such Government offices as the Archivist
considers appropriate, shall prepare and make available to
all Government offices a standard form of identification, or
finding aid, for use with each unidentified anomalous
phenomena record subject to review under this division
whether in hardcopy \(physical\), softcopy \(electronic\), or
digitized data format as may be appropriate.
\(B\) The Archivist shall ensure that the identification aid
program is established in such a manner as to result in the
creation of a uniform system for cataloging and finding every
unidentified anomalous phenomena record subject to review
under this division where ever and how ever stored in
hardcopy \(physical\), softcopy \(electronic\), or digitized data
format.
\(2\) Requirements for government offices.—Upon completion
of an identification aid using the standard form of
identification prepared and made available under subparagraph
\(A\) of paragraph \(1\) for the program established pursuant to
subparagraph \(B\) of such paragraph, the head of a Government
office shall—
\(A\) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record, the identification aid describes;
\(B\) transmit to the Review Board a printed copy for each
physical unidentified anomalous phenomena record and an
electronic copy for each softcopy or digitized data
unidentified anomalous phenomena record the identification
aid describes; and
\(C\) attach a printed copy to each physical unidentified
anomalous phenomena record, and an electronic copy to each
softcopy or digitized data unidentified anomalous phenomena
record the identification aid describes, when transmitted to
the Archivist.
\(3\) Records of the national archives that are publicly
available.—Unidentified anomalous phenomena records which
are in the possession of the National Archives on the date of
the enactment of this Act, and which have been publicly
available in their entirety without redaction, shall be made
available in the Collection without any additional review by
the Review Board or another authorized office under this
division, and shall not be required to have such an
identification aid unless required by the Archivist.
\(e\) Transmission to the National Archives.—Each head of a
Government office shall—
\(1\) transmit to the Archivist, and make immediately
available to the public, all unidentified anomalous phenomena
records of the Government office that can be publicly
disclosed, including those that are publicly available on the
date of the enactment of this Act, without any redaction,
adjustment, or withholding under the standards of this
division; and
\(2\) transmit to the Archivist upon approval for
postponement by the Review Board or upon completion of other
action authorized by this division, all unidentified
anomalous phenomena records of the Government office the
public disclosure of which has been postponed, in whole or in
part, under the standards of this division, to become part of
the protected, yet-to-be disclosed, or classified portion of
the Collection.
\(f\) Custody of Postponed Unidentified Anomalous Phenomena
Records.—An unidentified anomalous phenomena record the
public disclosure of which has been postponed shall, pending
transmission to the Archivist, be held for reasons of
security and preservation by the originating body until such
time as the information security program has been established
at the National Archives as required in section \_\_04\(d\)\(2\).
\(g\) Periodic Review of Postponed Unidentified Anomalous
Phenomena Records.—
\(1\) In general.—All postponed or redacted records shall be
reviewed periodically by the originating agency and the
Archivist consistent with the recommendations of the Review
Board in the Controlled Disclosure Campaign Plan under
section \_\_09\(c\)\(3\)\(B\).
\(2\) Requirements.—\(A\) A periodic review under paragraph
\(1\) shall address the public disclosure of additional
unidentified anomalous phenomena records in the Collection
under the standards of this division.
\(B\) All postponed unidentified anomalous phenomena records
determined to require continued postponement shall require an
unclassified written description of the reason for such
continued postponement relevant to these specific records.
Such description shall be provided to the Archivist and
published in the Federal Register upon determination.
\(C\) The time and release requirements specified in the
Controlled Disclosure Campaign Plan shall be revised or
amended only if the Review Board is still in session and
concurs with the rationale for postponement, subject to the
limitations in section \_\_09\(d\)\(1\).
\(D\) The periodic review of postponed unidentified anomalous
phenomena records shall serve to downgrade and declassify
security classified information.
\(E\) Each unidentified anomalous phenomena record shall be
publicly disclosed in full, and available in the Collection,
not later than the date that is 25 years after the date of
the first creation of the record by the originating body,
unless the President certifies, as required by this division,
that—
\(i\) continued postponement is made necessary by an
identifiable harm to the military defense, intelligence
operations, law enforcement, or conduct of foreign relations;
and
\(ii\) the identifiable harm is of such gravity that it
outweighs the public interest in disclosure.
\(h\) Requirements for Executive Agencies.—
\(1\) In general.—Executive agencies shall—
\(A\) transmit digital records electronically in accordance
with section 2107 of title 44, United States Code;
\(B\) charge fees for copying unidentified anomalous
phenomena records; and
\(C\) grant waivers of such fees pursuant to the standards
established by section 552\(a\)\(4\) of title 5, United States
Code.
\(2\) Amount of fees.—The amount of a fee charged by the
head of an Executive agency pursuant to paragraph \(1\)\(B\) for
the copying of an unidentified anomalous phenomena record
shall be such amount as the head determines appropriate to
cover the costs incurred by the Executive agency in making
and providing such copy, except that in no
case may the amount of the fee charged exceed the actual
expenses incurred by the Executive agency in making and
providing such copy.
SEC. \_\_06. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF
UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS.
Disclosure of unidentified anomalous phenomena records or
particular information in unidentified anomalous phenomena
records to the public may be postponed subject to the
limitations of this division if there is clear and convincing
evidence that—
\(1\) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States posed by the public disclosure of the unidentified
anomalous phenomena record is of such gravity that it
outweighs the public interest in disclosure, and such public
disclosure would reveal—
\(A\) an intelligence agent whose identity currently requires
protection;
\(B\) an intelligence source or method which is currently
utilized, or reasonably expected to be utilized, by the
Federal Government and which has not been officially
disclosed, the disclosure of which would interfere with the
conduct of intelligence activities; or
\(C\) any other matter currently relating to the military
defense, intelligence operations, or conduct of foreign
relations of the United States, the disclosure of which would
demonstrably and substantially impair the national security
of the United States;
\(2\) the public disclosure of the unidentified anomalous
phenomena record would reveal the name or identity of a
living person who provided confidential information to the
Federal Government and would pose a substantial risk of harm
to that person;
\(3\) the public disclosure of the unidentified anomalous
phenomena record could reasonably be expected to constitute
an unwarranted invasion of personal privacy, and that
invasion of privacy is so substantial that it outweighs the
public interest; or
\(4\) the public disclosure of the unidentified anomalous
phenomena record would compromise the existence of an
understanding of confidentiality currently requiring
protection between a Federal Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
SEC. \_\_07. ESTABLISHMENT AND POWERS OF THE UNIDENTIFIED
ANOMALOUS PHENOMENA RECORDS REVIEW BOARD.
\(a\) Establishment.—There is established as an independent
agency a board to be known as the “Unidentified Anomalous
Phenomena Records Review Board”.
\(b\) Appointment.—
\(1\) In general.—The President, by and with the advice and
consent of the Senate, shall appoint, without regard to
political affiliation, 9 citizens of the United States to
serve as members of the Review Board to ensure and facilitate
the review, transmission to the Archivist, and public
disclosure of government records relating to unidentified
anomalous phenomena.
\(2\) Period for nominations.—\(A\) The President shall make
nominations to the Review Board not later than 90 calendar
days after the date of the enactment of this Act.
\(B\) If the Senate votes not to confirm a nomination to the
Review Board, the President shall make an additional
nomination not later than 30 days thereafter.
\(3\) Consideration of recommendations.—\(A\) The President
shall make nominations to the Review Board after considering
persons recommended by the following:
\(i\) The majority leader of the Senate.
\(ii\) The minority leader of the Senate.
\(iii\) The Speaker of the House of Representatives.
\(iv\) The minority leader of the House of Representatives.
\(v\) The Secretary of Defense.
\(vi\) The National Academy of Sciences.
\(vii\) Established nonprofit research organizations relating
to unidentified anomalous phenomena.
\(viii\) The American Historical Association.
\(ix\) Such other persons and organizations as the President
considers appropriate.
\(B\) If an individual or organization described in
subparagraph \(A\) does not recommend at least 2 nominees
meeting the qualifications stated in paragraph \(5\) by the
date that is 45 days after the date of the enactment of this
Act, the President shall consider for nomination the persons
recommended by the other individuals and organizations
described in such subparagraph.
\(C\) The President may request an individual or organization
described in subparagraph \(A\) to submit additional
nominations.
\(4\) Qualifications.—Persons nominated to the Review
Board—
\(A\) shall be impartial citizens, none of whom shall have
had any previous or current involvement with any legacy
program or controlling authority relating to the collection,
exploitation, or reverse engineering of technologies of
unknown origin or the examination of biological evidence of
living or deceased non-human intelligence;
\(B\) shall be distinguished persons of high national
professional reputation in their respective fields who are
capable of exercising the independent and objective judgment
necessary to the fulfillment of their role in ensuring and
facilitating the review, transmission to the public, and
public disclosure of records related to the government's
understanding of, and activities associated with unidentified
anomalous phenomena, technologies of unknown origin, and non-
human intelligence and who possess an appreciation of the
value of such material to the public, scholars, and
government; and
\(C\) shall include at least—
\(i\) 1 current or former national security official;
\(ii\) 1 current or former foreign service official;
\(iii\) 1 scientist or engineer;
\(iv\) 1 economist;
\(v\) 1 professional historian; and
\(vi\) 1 sociologist.
\(5\) Mandatory conflicts of interest review.—
\(A\) In general.—The Director shall conduct a review of
each individual nominated and appointed to the position of
member of the Review Board to ensure the member does not have
any conflict of interest during the term of the service of
the member.
\(B\) Reports.—During the course of the review under
subparagraph \(A\), if the Director becomes aware that the
member being reviewed possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
\(c\) Security Clearances.—
\(1\) In general.—All Review Board nominees shall be granted
the necessary security clearances and accesses, including any
and all relevant Presidential, departmental, and agency
special access programs, in an accelerated manner subject to
the standard procedures for granting such clearances.
\(2\) Qualification for nominees.—All nominees for
appointment to the Review Board under subsection \(b\) shall
qualify for the necessary security clearances and accesses
prior to being considered for confirmation by the Committee
on Homeland Security and Governmental Affairs of the Senate.
\(d\) Consideration by the Senate.—Nominations for
appointment under subsection \(b\) shall be referred to the
Committee on Homeland Security and Governmental Affairs of
the Senate for consideration.
\(e\) Vacancy.—A vacancy on the Review Board shall be filled
in the same manner as specified for original appointment
within 30 days of the occurrence of the vacancy.
\(f\) Removal of Review Board Member.—
\(1\) In general.—No member of the Review Board shall be
removed from office, other than—
\(A\) by impeachment and conviction; or
\(B\) by the action of the President for inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the member's duties.
\(2\) Notice of removal.—\(A\) If a member of the Review Board
is removed from office, and that removal is by the President,
not later than 10 days after the removal, the President shall
submit to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Reform of the House of
Representatives a report specifying the facts found and the
grounds for the removal.
\(B\) The President shall publish in the Federal Register a
report submitted under subparagraph \(A\), except that the
President may, if necessary to protect the rights of a person
named in the report or to prevent undue interference with any
pending prosecution, postpone or refrain from publishing any
or all of the report until the completion of such pending
cases or pursuant to privacy protection requirements in law.
\(3\) Judicial review.—\(A\) A member of the Review Board
removed from office may obtain judicial review of the removal
in a civil action commenced in the United States District
Court for the District of Columbia.
\(B\) The member may be reinstated or granted other
appropriate relief by order of the court.
\(g\) Compensation of Members.—
\(1\) In general.—A member of the Review Board, other than
the Executive Director under section \_\_08\(c\)\(1\), shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day \(including travel time\) during
which the member is engaged in the performance of the duties
of the Review Board.
\(2\) Travel expenses.—A member of the Review Board shall be
allowed reasonable travel expenses, including per diem in
lieu of subsistence, at rates for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular place of
business in the performance of services for the Review Board.
\(h\) Duties of the Review Board.—
\(1\) In general.—The Review Board shall consider and render
decisions on a determination by a Government office to seek
to postpone the disclosure of unidentified anomalous
phenomena records.
\(2\) Considerations and rendering of decisions.—In carrying
out paragraph \(1\), the Review Board shall consider and render
decisions—
\(A\) whether a record constitutes a unidentified anomalous
phenomena record; and
\(B\) whether a unidentified anomalous phenomena record or
particular information in a record qualifies for postponement
of disclosure under this division.
\(i\) Powers.—
\(1\) In general.—The Review Board shall have the authority
to act in a manner prescribed under this division, including
authority—
\(A\) to direct Government offices to complete identification
aids and organize unidentified anomalous phenomena records;
\(B\) to direct Government offices to transmit to the
Archivist unidentified anomalous phenomena records as
required under this division, including segregable portions
of unidentified anomalous phenomena records and substitutes
and summaries of unidentified anomalous phenomena records
that can be publicly disclosed to the fullest extent;
\(C\)\(i\) to obtain access to unidentified anomalous phenomena
records that have been identified and organized by a
Government office;
\(ii\) to direct a Government office to make available to the
Review Board, and if necessary investigate the facts
surrounding, additional information, records, or testimony
from individuals which the Review Board has reason to believe
are required to fulfill its functions and responsibilities
under this division; and
\(iii\) request the Attorney General to subpoena private
persons to compel testimony, records, and other information
relevant to its responsibilities under this division;
\(D\) require any Government office to account in writing for
the destruction of any records relating to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence;
\(E\) receive information from the public regarding the
identification and public disclosure of unidentified
anomalous phenomena records;
\(F\) hold hearings, administer oaths, and subpoena witnesses
and documents;
\(G\) use the Federal Acquisition Service in the same manner
and under the same conditions as other Executive agencies;
and
\(H\) use the United States mails in the same manner and
under the same conditions as other Executive agencies.
\(2\) Enforcement of subpoena.—A subpoena issued under
paragraph \(1\)\(C\)\(iii\) may be enforced by any appropriate
Federal court acting pursuant to a lawful request of the
Review Board.
\(j\) Witness Immunity.—The Review Board shall be considered
to be an agency of the United States for purposes of section
6001 of title 18, United States Code. Witnesses, close
observers, and whistleblowers providing information directly
to the Review Board shall also be afforded the protections
provided to such persons specified under section 1673\(b\) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 \(50 U.S.C. 3373b\(b\)\).
\(k\) Oversight.—
\(1\) Senate.—The Committee on Homeland Security and
Governmental Affairs of the Senate shall have continuing
legislative oversight jurisdiction in the Senate with respect
to the official conduct of the Review Board and the
disposition of postponed records after termination of the
Review Board, and shall have access to any records held or
created by the Review Board.
\(2\) House of representatives.—Unless otherwise determined
appropriate by the House of Representatives, the Committee on
Oversight and Accountability of the House of Representatives
shall have continuing legislative oversight jurisdiction in
the House of Representatives with respect to the official
conduct of the Review Board and the disposition of postponed
records after termination of the Review Board, and shall have
access to any records held or created by the Review Board.
\(3\) Duty to cooperate.—The Review Board shall have the
duty to cooperate with the exercise of oversight jurisdiction
described in this subsection.
\(4\) Security clearances.—The Chairmen and Ranking Members
of the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Oversight and
Accountability of the House of Representatives, and staff of
such committees designated by such Chairmen and Ranking
Members, shall be granted all security clearances and
accesses held by the Review Board, including to relevant
Presidential and department or agency special access and
compartmented access programs.
\(l\) Support Services.—The Administrator of the General
Services Administration shall provide administrative services
for the Review Board on a reimbursable basis.
\(m\) Interpretive Regulations.—The Review Board may issue
interpretive regulations.
\(n\) Termination and Winding Down.—
\(1\) In general.—The Review Board and the terms of its
members shall terminate not later than September 30, 2030,
unless extended by Congress.
\(2\) Reports.—Upon its termination, the Review Board shall
submit to the President and Congress reports, including a
complete and accurate accounting of expenditures during its
existence and shall complete all other reporting requirements
under this division.
\(3\) Transfer of records.—Upon termination and winding
down, the Review Board shall transfer all of its records to
the Archivist for inclusion in the Collection, and no record
of the Review Board shall be destroyed.
SEC. \_\_08. UNIDENTIFIED ANOMALOUS PHENOMENA RECORDS REVIEW
BOARD PERSONNEL.
\(a\) Executive Director.—
\(1\) Appointment.—Not later than 45 days after the date of
the enactment of this Act, the President shall appoint 1
citizen of the United States, without regard to political
affiliation, to the position of Executive Director of the
Review Board. This position counts as 1 of the 9 Review Board
members under section \_\_07\(b\)\(1\).
\(2\) Qualifications.—The person appointed as Executive
Director shall be a private citizen of integrity and
impartiality who—
\(A\) is a distinguished professional; and
\(B\) is not a present employee of the Federal Government;
and
\(C\) has had no previous or current involvement with any
legacy program or controlling authority relating to the
collection, exploitation, or reverse engineering of
technologies of unknown origin or the examination of
biological evidence of living or deceased non-human
intelligence.
\(3\) Mandatory conflicts of interest review.—
\(A\) In general.—The Director shall conduct a review of
each individual appointed to the position of Executive
Director to ensure the Executive Director does not have any
conflict of interest during the term of the service of the
Executive Director.
\(B\) Reports.—During the course of the review under
subparagraph \(A\), if the Director becomes aware that the
Executive Director possesses a conflict of interest to the
mission of the Review Board, the Director shall, not later
than 30 days after the date on which the Director became
aware of the conflict of interest, submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Oversight and Accountability of the House of
Representatives a report on the conflict of interest.
\(4\) Security clearances.—\(A\) A candidate for Executive
Director shall be granted all the necessary security
clearances and accesses, including to relevant Presidential
and department or agency special access and compartmented
access programs in an accelerated manner subject to the
standard procedures for granting such clearances.
\(B\) A candidate shall qualify for the necessary security
clearances and accesses prior to being appointed by the
President.
\(5\) Functions.—The Executive Director shall—
\(A\) serve as principal liaison to the Executive Office of
the President and Congress;
\(B\) serve as Chairperson of the Review Board;
\(C\) be responsible for the administration and coordination
of the Review Board's review of records;
\(D\) be responsible for the administration of all official
activities conducted by the Review Board;
\(E\) exercise tie-breaking Review Board authority to decide
or determine whether any record should be disclosed to the
public or postponed for disclosure; and
\(F\) retain right-of-appeal directly to the President for
decisions pertaining to executive branch unidentified
anomalous phenomena records for which the Executive Director
and Review Board members may disagree.
\(6\) Removal.—The Executive Director shall not be removed
for reasons other for cause on the grounds of inefficiency,
neglect of duty, malfeasance in office, physical disability,
mental incapacity, or any other condition that substantially
impairs the performance of the responsibilities of the
Executive Director or the staff of the Review Board.
\(b\) Staff.—
\(1\) In general.—The Review Board, without regard to the
civil service laws, may appoint and terminate additional
personnel as are necessary to enable the Review Board and its
Executive Director to perform the duties of the Review Board.
\(2\) Qualifications.—
\(A\) In general.—Except as provided in subparagraph \(B\), a
person appointed to the staff of the Review Board shall be a
citizen of integrity and impartiality who has had no previous
or current involvement with any legacy program or controlling
authority relating to the collection, exploitation, or
reverse engineering of technologies of unknown origin or the
examination of biological evidence of living or deceased non-
human intelligence.
\(B\) Consultation with director of the office of government
ethics.—In their consideration of persons to be appointed as
staff of the Review Board under paragraph \(1\), the Review
Board shall consult with the Director—
\(i\) to determine criteria for possible conflicts of
interest of staff of the Review Board, consistent with ethics
laws, statutes, and regulations for employees of the
executive branch of the Federal Government; and
\(ii\) ensure that no person selected for such position of
staff of the Review Board possesses a conflict of interests
in accordance with the criteria determined pursuant to clause
\(i\).
\(3\) Security clearances.—\(A\) A candidate for staff shall
be granted the necessary security clearances \(including all
necessary special access program clearances\) in an
accelerated manner subject to the standard procedures for
granting such clearances.
\(B\)\(i\) The Review Board may offer conditional employment to
a candidate for a staff
position pending the completion of security clearance
background investigations. During the pendency of such
investigations, the Review Board shall ensure that any such
employee does not have access to, or responsibility
involving, classified or otherwise restricted unidentified
anomalous phenomena record materials.
\(ii\) If a person hired on a conditional basis under clause
\(i\) is denied or otherwise does not qualify for all security
clearances necessary to carry out the responsibilities of the
position for which conditional employment has been offered,
the Review Board shall immediately terminate the person's
employment.
\(4\) Support from national declassification center.—The
Archivist shall assign one representative in full-time
equivalent status from the National Declassification Center
to advise and support the Review Board disclosure
postponement review process in a non-voting staff capacity.
\(c\) Compensation.—Subject to such rules as may be adopted
by the Review Board, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates—
\(1\) the Executive Director shall be compensated at a rate
not to exceed the rate of basic pay for level II of the
Executive Schedule and shall serve the entire tenure as one
full-time equivalent; and
\(2\) the Executive Director shall appoint and fix
compensation of such other personnel as may be necessary to
carry out this division.
\(d\) Advisory Committees.—
\(1\) Authority.—The Review Board may create advisory
committees to assist in fulfilling the responsibilities of
the Review Board under this division.
\(2\) FACA.—Any advisory committee created by the Review
Board shall be subject to chapter 10 of title 5, United
States Code.
\(e\) Security Clearance Required.—An individual employed in
any position by the Review Board \(including an individual
appointed as Executive Director\) shall be required to qualify
for any necessary security clearance prior to taking office
in that position, but may be employed conditionally in
accordance with subsection \(b\)\(3\)\(B\) before qualifying for
that clearance.
SEC. \_\_09. REVIEW OF RECORDS BY THE UNIDENTIFIED ANOMALOUS
PHENOMENA RECORDS REVIEW BOARD.
\(a\) Custody of Records Reviewed by Review Board.—Pending
the outcome of a review of activity by the Review Board, a
Government office shall retain custody of its unidentified
anomalous phenomena records for purposes of preservation,
security, and efficiency, unless—
\(1\) the Review Board requires the physical transfer of
records for reasons of conducting an independent and
impartial review; or
\(2\) such transfer is necessary for an administrative
hearing or other official Review Board function.
\(b\) Startup Requirements.—The Review Board shall—
\(1\) not later than 90 days after the date of its
appointment, publish a schedule in the Federal Register for
review of all unidentified anomalous phenomena records;
\(2\) not later than 180 days after the date of the enactment
of this Act, begin its review of unidentified anomalous
phenomena records under this division; and
\(3\) periodically thereafter as warranted, but not less
frequently than semiannually, publish a revised schedule in
the Federal Register addressing the review and inclusion of
any unidentified anomalous phenomena records subsequently
discovered.
\(c\) Determinations of the Review Board.—
\(1\) In general.—The Review Board shall direct that all
unidentified anomalous phenomena records be transmitted to
the Archivist and disclosed to the public in the Collection
in the absence of clear and convincing evidence that—
\(A\) a Government record is not an unidentified anomalous
phenomena record; or
\(B\) a Government record, or particular information within
an unidentified anomalous phenomena record, qualifies for
postponement of public disclosure under this division.
\(2\) Requirements.—In approving postponement of public
disclosure of a unidentified anomalous phenomena record, the
Review Board shall seek to—
\(A\) provide for the disclosure of segregable parts,
substitutes, or summaries of such a record; and
\(B\) determine, in consultation with the originating body
and consistent with the standards for postponement under this
division, which of the following alternative forms of
disclosure shall be made by the originating body:
\(i\) Any reasonably segregable particular information in a
unidentified anomalous phenomena record.
\(ii\) A substitute record for that information which is
postponed.
\(iii\) A summary of a unidentified anomalous phenomena
record.
\(3\) Controlled disclosure campaign plan.—With respect to
unidentified anomalous phenomena records, particular
information in unidentified anomalous phenomena records,
recovered technologies of unknown origin, and biological
evidence for non-human intelligence the public disclosure of
which is postponed pursuant to section \_\_06, or for which
only substitutions or summaries have been disclosed to the
public, the Review Board shall create and transmit to the
President, the Archivist, the Committee on Homeland Security
and Governmental Affairs of the Senate, and the Committee on
Oversight and Accountability of the House of Representatives
a Controlled Disclosure Campaign Plan, with classified
appendix, containing—
\(A\) a description of actions by the Review Board, the
originating body, the President, or any Government office
\(including a justification of any such action to postpone
disclosure of any record or part of any record\) and of any
official proceedings conducted by the Review Board with
regard to specific unidentified anomalous phenomena records;
and
\(B\) a benchmark-driven plan, based upon a review of the
proceedings and in conformity with the decisions reflected
therein, recommending precise requirements for periodic
review, downgrading, and declassification as well as the
exact time or specified occurrence following which each
postponed item may be appropriately disclosed to the public
under this division.
\(4\) Notice following review and determination.—\(A\)
Following its review and a determination that a unidentified
anomalous phenomena record shall be publicly disclosed in the
Collection or postponed for disclosure and held in the
protected Collection, the Review Board shall notify the head
of the originating body of the determination of the Review
Board and publish a copy of the determination in the Federal
Register within 14 days after the determination is made.
\(B\) Contemporaneous notice shall be made to the President
for Review Board determinations regarding unidentified
anomalous phenomena records of the executive branch of the
Federal Government, and to the oversight committees
designated in this division in the case of records of the
legislative branch of the Federal Government. Such notice
shall contain a written unclassified justification for public
disclosure or postponement of disclosure, including an
explanation of the application of any standards contained in
section \_\_06.
\(d\) Presidential Authority Over Review Board
Determination.—
\(1\) Public disclosure or postponement of disclosure.—After
the Review Board has made a formal determination concerning
the public disclosure or postponement of disclosure of an
unidentified anomalous phenomena record of the executive
branch of the Federal Government or information within such a
record, or of any information contained in a unidentified
anomalous phenomena record, obtained or developed solely
within the executive branch of the Federal Government, the
President shall—
\(A\) have the sole and nondelegable authority to require the
disclosure or postponement of such record or information
under the standards set forth in section \_\_06; and
\(B\) provide the Review Board with both an unclassified and
classified written certification specifying the President's
decision within 30 days after the Review Board's
determination and notice to the executive branch agency as
required under this division, stating the justification for
the President's decision, including the applicable grounds
for postponement under section \_\_06, accompanied by a copy of
the identification aid required under section \_\_04.
\(2\) Periodic review.—\(A\) Any unidentified anomalous
phenomena record postponed by the President shall henceforth
be subject to the requirements of periodic review,
downgrading, declassification, and public disclosure in
accordance with the recommended timeline and associated
requirements specified in the Controlled Disclosure Campaign
Plan unless these conflict with the standards set forth in
section \_\_06.
\(B\) This paragraph supersedes all prior declassification
review standards that may previously have been deemed
applicable to unidentified anomalous phenomena records.
\(3\) Record of presidential postponement.—The Review Board
shall, upon its receipt—
\(A\) publish in the Federal Register a copy of any
unclassified written certification, statement, and other
materials transmitted by or on behalf of the President with
regard to postponement of unidentified anomalous phenomena
records; and
\(B\) revise or amend recommendations in the Controlled
Disclosure Campaign Plan accordingly.
\(e\) Notice to Public.—Every 30 calendar days, beginning on
the date that is 60 calendar days after the date on which the
Review Board first approves the postponement of disclosure of
a unidentified anomalous phenomena record, the Review Board
shall publish in the Federal Register a notice that
summarizes the postponements approved by the Review Board or
initiated by the President, the Senate, or the House of
Representatives, including a description of the subject,
originating agency, length or other physical description, and
each ground for postponement that is relied upon to the
maximum extent classification restrictions permitting.
\(f\) Reports by the Review Board.—
\(1\) In general.—The Review Board shall report its
activities to the leadership of Congress, the Committee on
Homeland Security and Governmental Affairs of the Senate, the
Committee on Oversight and Reform of the House of
Representatives, the President, the Archivist, and the head
of any Government office whose records have been the subject
of Review Board activity.
\(2\) First report.—The first report shall be issued on the
date that is 1 year after the date of enactment of this Act,
and subsequent reports every 1 year thereafter until
termination of the Review Board.
\(3\) Contents.—A report under paragraph \(1\) shall include
the following information:
\(A\) A financial report of the expenses for all official
activities and requirements of the Review Board and its
personnel.
\(B\) The progress made on review, transmission to the
Archivist, and public disclosure of unidentified anomalous
phenomena records.
\(C\) The estimated time and volume of unidentified anomalous
phenomena records involved in the completion of the Review
Board's performance under this division.
\(D\) Any special problems, including requests and the level
of cooperation of Government offices, with regard to the
ability of the Review Board to operate as required by this
division.
\(E\) A record of review activities, including a record of
postponement decisions by the Review Board or other related
actions authorized by this division, and a record of the
volume of records reviewed and postponed.
\(F\) Suggestions and requests to Congress for additional
legislative authority needs.
\(4\) Copies and briefs.—Coincident with the reporting
requirements in paragraph \(2\), or more frequently as
warranted by new information, the Review Board shall provide
copies to, and fully brief, at a minimum the President, the
Archivist, leadership of Congress, the Chairmen and Ranking
Members of the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Accountability of the House of Representatives,
and the Chairs and Chairmen, as the case may be, and Ranking
Members and Vice Chairmen, as the case may be, of such other
committees as leadership of Congress determines appropriate
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures, specifically
addressing—
\(A\) recommendations for periodic review, downgrading, and
declassification as well as the exact time or specified
occurrence following which specific unidentified anomalous
phenomena records and material may be appropriately
disclosed;
\(B\) the rationale behind each postponement determination
and the recommended means to achieve disclosure of each
postponed item;
\(C\) any other findings that the Review Board chooses to
offer; and
\(D\) an addendum containing copies of reports of postponed
records to the Archivist required under subsection \(c\)\(3\)
made since the date of the preceding report under this
subsection.
\(5\) Notice.—At least 90 calendar days before completing
its work, the Review Board shall provide written notice to
the President and Congress of its intention to terminate its
operations at a specified date.
\(6\) Briefing the all-domain anomaly resolution office.—
Coincident with the provision in paragraph \(5\), if not
accomplished earlier under paragraph \(4\), the Review Board
shall brief the All-domain Anomaly Resolution Office
established pursuant to section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 \(50 U.S.C. 3373\), or
its successor, as subsequently designated by Act of Congress,
on the Controlled Disclosure Campaign Plan, classified
appendix, and postponed disclosures.
SEC. \_\_10. DISCLOSURE OF RECOVERED TECHNOLOGIES OF UNKNOWN
ORIGIN AND BIOLOGICAL EVIDENCE OF NON-HUMAN
INTELLIGENCE.
\(a\) Exercise of Eminent Domain.—The Federal Government
shall exercise eminent domain over any and all recovered
technologies of unknown origin and biological evidence of
non-human intelligence that may be controlled by private
persons or entities in the interests of the public good.
\(b\) Availability to Review Board.—Any and all such
material, should it exist, shall be made available to the
Review Board for personal examination and subsequent
disclosure determination at a location suitable to the
controlling authority of said material and in a timely manner
conducive to the objectives of the Review Board in accordance
with the requirements of this division.
\(c\) Actions of Review Board.—In carrying out subsection
\(b\), the Review Board shall consider and render decisions—
\(1\) whether the material examined constitutes technologies
of unknown origin or biological evidence of non-human
intelligence beyond a reasonable doubt;
\(2\) whether recovered technologies of unknown origin,
biological evidence of non-human intelligence, or a
particular subset of material qualifies for postponement of
disclosure under this division; and
\(3\) what changes, if any, to the current disposition of
said material should the Federal Government make to
facilitate full disclosure.
\(d\) Review Board Access to Testimony and Witnesses.—The
Review Board shall have access to all testimony from
unidentified anomalous phenomena witnesses, close observers
and legacy program personnel and whistleblowers within the
Federal Government's possession as of and after the date of
the enactment of this Act in furtherance of Review Board
disclosure determination responsibilities in section \_\_07\(h\)
and subsection \(c\) of this section.
\(e\) Solicitation of Additional Witnesses.—The Review Board
shall solicit additional unidentified anomalous phenomena
witness and whistleblower testimony and afford protections
under section 1673\(b\) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 \(50 U.S.C. 3373b\(b\)\)
if deemed beneficial in fulfilling Review Board
responsibilities under this division.
SEC. \_\_11. DISCLOSURE OF OTHER MATERIALS AND ADDITIONAL
STUDY.
\(a\) Materials Under Seal of Court.—
\(1\) Information held under seal of a court.—The Review
Board may request the Attorney General to petition any court
in the United States or abroad to release any information
relevant to unidentified anomalous phenomena, technologies of
unknown origin, or non-human intelligence that is held under
seal of the court.
\(2\) Information held under injunction of secretary of grand
jury.—\(A\) The Review Board may request the Attorney General
to petition any court in the United States to release any
information relevant to unidentified anomalous phenomena,
technologies of unknown origin, or non-human intelligence
that is held under the injunction of secrecy of a grand jury.
\(B\) A request for disclosure of unidentified anomalous
phenomena, technologies of unknown origin, and non-human
intelligence materials under this division shall be deemed to
constitute a showing of particularized need under rule 6 of
the Federal Rules of Criminal Procedure.
\(b\) Sense of Congress.—It is the sense of the Congress
that—
\(1\) the Attorney General should assist the Review Board in
good faith to unseal any records that the Review Board
determines to be relevant and held under seal by a court or
under the injunction of secrecy of a grand jury;
\(2\) the Secretary of State should contact any foreign
government that may hold material relevant to unidentified
anomalous phenomena, technologies of unknown origin, or non-
human intelligence and seek disclosure of such material; and
\(3\) all heads of Executive agencies should cooperate in
full with the Review Board to seek the disclosure of all
material relevant to unidentified anomalous phenomena,
technologies of unknown origin, and non-human intelligence
consistent with the public interest.
SEC. \_\_12. RULES OF CONSTRUCTION.
\(a\) Precedence Over Other Law.—When this division requires
transmission of a record to the Archivist or public
disclosure, it shall take precedence over any other provision
of law \(except section 6103 of the Internal Revenue Code of
1986 specifying confidentiality and disclosure of tax returns
and tax return information\), judicial decision construing
such provision of law, or common law doctrine that would
otherwise prohibit such transmission or disclosure, with the
exception of deeds governing access to or transfer or release
of gifts and donations of records to the United States
Government.
\(b\) Freedom of Information Act.—Nothing in this division
shall be construed to eliminate or limit any right to file
requests with any executive agency or seek judicial review of
the decisions pursuant to section 552 of title 5, United
States Code.
\(c\) Judicial Review.—Nothing in this division shall be
construed to preclude judicial review, under chapter 7 of
title 5, United States Code, of final actions taken or
required to be taken under this division.
\(d\) Existing Authority.—Nothing in this division revokes
or limits the existing authority of the President, any
executive agency, the Senate, or the House of
Representatives, or any other entity of the Federal
Government to publicly disclose records in its possession.
\(e\) Rules of the Senate and House of Representatives.—To
the extent that any provision of this division establishes a
procedure to be followed in the Senate or the House of
Representatives, such provision is adopted—
\(1\) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to
be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed
in that House, and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
\(2\) with full recognition of the constitutional right of
either House to change the rules \(so far as they relate to
the procedure of that House\) at any time, in the same manner,
and to the same extent as in the case of any other rule of
that House.
\(f\) SAP and CAP Access.—Nothing in this division shall be
construed to create any new access to a special access
program or a controlled access program.
SEC. \_\_13. TERMINATION OF EFFECT OF DIVISION.
\(a\) Provisions Pertaining to the Review Board.—The
provisions of this division that pertain to the appointment
and operation of the Review Board shall cease to be effective
when the Review Board and the terms of its members have
terminated pursuant to section \_\_07\(n\).
\(b\) Other Provisions.—\(1\) The remaining provisions of this
division shall continue in effect until such time as the
Archivist certifies to the President and Congress that all
unidentified anomalous phenomena records have been made
available to the public in accordance with this division.
\(2\) In facilitation of the provision in paragraph \(1\), the
All-domain Anomaly Resolution Office established pursuant to
section
1683 of the National Defense Authorization Act for Fiscal
Year 2022 \(50 U.S.C. 3373\), or its successor as subsequently
designated by Act of Congress, shall develop standardized
unidentified anomalous phenomena declassification guidance
applicable to any and all unidentified anomalous phenomena
records generated by originating bodies subsequent to
termination of the Review Board consistent with the
requirements and intent of the Controlled Disclosure Campaign
Plan with respect to unidentified anomalous phenomena records
originated prior to Review Board termination.
SEC. \_\_14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out the
provisions of this division $20,000,000 for fiscal year 2025.
SEC. \_\_15. CONFORMING REPEAL.
\(a\) Repeal.—Subtitle C of title XVIII of the National
Defense Authorization Act for Fiscal Year 2024 \(Public Law
118-31\) is hereby repealed.
\(b\) Clerical Amendment.—The table of contents in section 2
of such Act is amended by striking the items relating to
subtitle C of title XVIII.
SEC. \_\_16. SEVERABILITY.
If any provision of this division or the application
thereof to any person or circumstance is held invalid, the
remainder of this division and the application of that
provision to other persons not similarly situated or to other
circumstances shall not be affected by the invalidation.
SA 6345. Mr. SCHUMER \(for himself and Mr. Cotton\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 885. PROHIBITION ON ACQUISITION OF CERTAIN SILICON
CARBIDE-BASED SEMICONDUCTORS MANUFACTURED IN
CHINA.
\(a\) Restrictions on Silicon Carbide Wafer Sourcing.—The
Secretary of Defense shall revise section 252.225 of the
Department of Defense Supplement to the Federal Acquisition
Regulation to prohibit the procurement of semiconductors,
other than commercially available off-the-shelf items \(as
defined in section 104 of title 41, United States Code\), that
are manufactured on silicon carbide wafers that are
manufactured in the Peoples Republic of China. Such revision
may provide the authority for the Secretary to issue a waiver
on a case-by-case basis.
\(b\) Briefing on Financial Instruments.—Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense and the Deputy Secretary of Defense
shall conduct a review, and provide to the congressional
defense committees a briefing on the results of such a
review, of domestic manufacturers of silicon carbide wafers
that are critical to the Department of Defense and that are
facing challenges due to Chinese exports of such wafers.
\(c\) Briefing on Establishment of Common Foundries.—Not
later than 180 days after the date of the enactment of this
section, the Secretary of Defense provide to the
congressional defense committees a briefing that evaluates
the merits of encouraging major prime contractors in the
defense industrial base to consolidate silicon carbide
semiconductor design and fabrication operations in common
commercial foundries to encourage economies of scale and
quality improvements.
\(d\) Consultation With the Chips Program Office.—The
Secretary shall provide information to the Secretary of
Commerce and other appropriate Federal agency heads on the
use of Research and Development amounts to develop silicon
carbide-related manufacturing technology for manufacturing
high-purity single crystal silicon carbide boules, ingots,
and wafers at 300mm scale for purposes of—
\(1\) developing next-generation high-voltage technology; and
\(2\) advancing state-of-the-art packaging power modules.
\(e\) Policy on Interagency Deliberations.—Not later than 90
days after the date of the enactment of this section, the
Secretary of Defense shall issue a policy for recommendations
for interagency consideration in deliberations on encouraging
allied and partner countries to ensure the silicon carbide
substrate supply chains of such countries for national
security systems and critical infrastructure do not include
Chinese-manufactured silicon carbide wafers.
SA 6346. Ms. ROSEN \(for herself, Mr. Sullivan, and Mr. Van Hollen\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. MODIFICATION OF MANDATORY RETIREMENT AGE.
Section 812\(a\)\(1\) of the Foreign Service Act of 1980 \(22
U.S.C. 4052\(a\)\(1\)\) is amended by striking “age 65” and
inserting “age 67 or the applicable retirement age \(as
defined in section 216\(l\) of the Social Security Act \(42
U.S.C. 416\(l\)\)\), whichever is greater,”.
SA 6347. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. NATIONAL FAB LAB NETWORK.
\(a\) Findings.—Congress finds the following:
\(1\) Scientific discoveries and technical innovations are
critical to the economic and national security of the United
States.
\(2\) Maintaining the leadership of the United States in
science, technology, engineering, and mathematics will
require a diverse population with the skills, interest, and
access to tools required to advance these fields.
\(3\) Just as earlier digital revolutions in communications
and computation provided individuals with the internet and
personal computers, a digital revolution in fabrication will
allow anyone to make almost anything, anywhere.
\(4\) These creations include elements of a typical household
basket of goods \(furnishings, apparel, food production
equipment, shelter, transportation, education and
communication, recreation, and other goods and services\),
personal technology, means for personal expression, the
production of digital fabrication machinery, community
design, and manufacturing capability.
\(5\) The Center for Bits and Atoms of the Massachusetts
Institute of Technology has contributed significantly to the
advancement of these goals through its work in creating and
advancing digital fabrication facilities, or “fab labs” in
the United States and abroad.
\(6\) Such digital fabrication facilities may include
MakerSpaces, Hackerspaces, and other creative spaces that use
digital fabrication as a platform for education, innovation,
entrepreneurship, personal expression, public access, and
social impact.
\(7\) Such digital fabrication facilities provide a model for
a new kind of national laboratory that operates as a network,
linking local facilities for advanced manufacturing,
providing universal access, cultivating new literacies, and
empowering communities.
\(8\) The nonprofit Fab Foundation was established to support
the growth of the international network of digital
fabrication facilities, to amplify the educational,
entrepreneurial, and social impacts of digital fabrication
facilities, and to support the development of regional
capacity building organizations to broaden impact as well as
address local, regional, and global challenges through the
use of digital fabrication technologies.
\(9\) A coordinated array of national public-private
partnerships will be the most effective way to accelerate the
provision of universal access to this infrastructure for
workforce development, science, technology, engineering, and
mathematics education, developing inventions, creating
businesses, producing personalized products, and mitigating
risks.
\(b\) Establishment.—There is hereby established a nonprofit
corporation to be known as the “National Fab Lab Network”
\(in this section referred to as the “corporation”\), which
shall not be an agency or establishment of the United States
Government. The corporation shall be subject to the
provisions of this section, and, to the extent consistent
with this section, to the District of Columbia Nonprofit
Corporation Act \(D.C. Code, section 29-501 et seq.\).
\(c\) Goals and Activities.—
\(1\) Goals.—The goals of the corporation are as follows:
\(A\) To provide universal access to digital fabrication.
\(B\) To foster current and future fab labs.
\(C\) To create a national network of connected local fab
labs to empower individuals and communities in the United
States.
\(D\) To foster the use of distributed digital fabrication
tools—
\(i\) to promote science, technology, engineering and math
skills;
\(ii\) to increase invention and innovation;
\(iii\) to create businesses and jobs;
\(iv\) to fulfill personal, professional, and community
needs;
\(v\) to create value and mitigate harm;
\(vi\) to increase self-sufficiency for individuals,
households, and communities; and
\(vii\) to align workforce development with new and emerging
jobs.
\(E\) To provide a platform for education and research, to
catalyze new methods in
science, technology, engineering, and mathematics education,
and to introduce digital fabrication as an essential new
literacy.
\(F\) To create new ways of educating the workforce that will
enable workers to compete in a 21st century global
marketplace.
\(2\) Activities.—To attain the goals described in paragraph
\(1\), the corporation shall carry out activities, including
the following:
\(A\) Seek to establish a minimum of one fab lab in each
congressional district, prioritizing underserved communities.
\(B\) Seek to establish additional fab labs within the
network created under paragraph \(1\)\(C\), in response to local
demand, and provide guidelines for their sustainable
operation.
\(C\) Link fab labs into a national network and promote
further expansion of fab labs across the United States.
\(D\) Serve as a resource to assist diverse public and
private stakeholders with the effective operation of fab labs
and the training of fab lab leaders and mentors.
\(E\) Maintain a national registry of fab labs.
\(F\) Provide standards and protocols for connecting fab labs
regionally, nationally, and globally.
\(G\) Assist existing fab labs in producing additional fab
labs.
\(d\) Membership and Organization.—Except as provided in
this section, eligibility for membership in the corporation
and the rights and privileges of members shall be in
accordance with the laws governing tax exempt organizations
in the District of Columbia.
\(e\) Governing Body.—
\(1\) In general.—Except as provided in paragraph \(2\),
directors, officers, and other staff of the corporation, and
their powers and duties, shall be in accordance with the laws
governing tax exempt organizations in the District of
Columbia.
\(2\) Board membership.—
\(A\) Composition.—The board of the corporation shall be
composed of not fewer than 7 members and not more than 15
members.
\(B\) Representation.—
\(i\) In general.—The membership of the board of the
corporation shall collectively represent the diversity of fab
labs.
\(ii\) Requirement.—At a minimum, the board of the
corporation shall be composed of members from geographic
regions across the United States, Tribal communities,
educational and research institutions, libraries, nonprofit
and commercial organizations, diverse demographic groups, and
the Fab Foundation.
\(iii\) Individual representation.—An individual member of
the board of the corporation may represent more than one
board role and additional roles may be added to reflect the
diversity of the fab lab ecosystem.
\(C\) Selection.—The initial board of the corporation shall
be chosen, in consultation with representatives from the Fab
Foundation and in accordance with subparagraph \(B\)\(i\), as
follows:
\(i\) Two shall be appointed by the majority leader of the
Senate.
\(ii\) Two shall be appointed by the minority leader of the
Senate.
\(iii\) Two shall be appointed by the Speaker of the House of
Representatives.
\(iv\) Two shall be appointed by the minority leader of the
House of Representatives.
\(f\) Powers.—The corporation may—
\(1\) coordinate the creation of a national network of local
fab labs in the United States;
\(2\) issue guidelines for the sustainable operation of fab
labs;
\(3\) issue standards and guidelines for fab labs;
\(4\) serve as a resource for organizations and communities
seeking to create fab labs by providing information,
assessing suitability, advising on the lab lifecycle, and
maintaining descriptions of prospective and operating sites;
\(5\) accept funds from private individuals, organizations,
government agencies, or other organizations;
\(6\) distribute funds to other organizations to establish
and operate fab labs as members of the corporation;
\(7\) facilitate communication between other organizations
seeking to join the corporation with operational entities
that can source and install fab labs, provide training,
assist with operations, account for spending, and assess
impact;
\(8\) communicate the benefits available through membership
in the corporation to communities and the public;
\(9\) facilitate and participate in synergistic programs,
including workforce training, job creation, researching the
enabling technology and broader impacts of such programs, and
the production of civic infrastructure;
\(10\) develop processes and methods to mitigate risks
associated with digital fabrication;
\(11\) develop and amend a constitution and bylaws for the
management of its property and the regulation of its affairs;
\(12\) choose directors, officers, trustees, managers,
employees, and agents as the activities of the corporation
require;
\(13\) make contracts;
\(14\) acquire, own, lease, encumber, and transfer property
as necessary or convenient to carry out the purposes of the
corporation;
\(15\) borrow money, issue instruments of indebtedness, and
secure its obligations by granting security interests in its
property;
\(16\) charge and collect membership dues and subscription
fees; and
\(17\) sue and be sued.
\(g\) Exclusive Right to Name, Term, Seals, Emblems, and
Badges.—The corporation and its participating digital
fabrication labs have the exclusive right to use—
\(1\) the name “National Fab Lab Network”; and
\(2\) any seals, emblems, and badges the corporation adopts.
\(h\) Restrictions.—
\(1\) Stock and dividends.—The corporation may not issue
securities of any kind or declare or pay a dividend.
\(2\) Distribution of income or assets.—The income or assets
of the corporation may not inure to the benefit of, or be
distributed to, a director, officer, or member during the
life of the corporation under this section. This paragraph
does not prevent the payment of reasonable compensation to an
officer or reimbursement for actual necessary expenses in
amounts approved by the board of the corporation.
\(3\) Loans.—The corporation may not make a loan to a
director, officer, or employee.
\(4\) Claim of governmental approval or authority.—The
corporation may not claim congressional approval or the
authority of the United States Government for any of its
activities, but may recognize establishment of the
corporation pursuant to subsection \(b\) of this section.
\(i\) Records and Inspection.—
\(1\) Records.—The corporation shall keep—
\(A\) correct and complete records of account;
\(B\) minutes of the proceedings of its members, the board of
the corporation, and committees having any of the authority
of the board; and
\(C\) at its principal office, a record of the names and
addresses of its members entitled to vote.
\(2\) Inspections.—A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the
corporation for any proper purpose, at any reasonable time.
\(j\) Annual Report.—Not later than one year after the date
of the enactment of this Act, and not less frequently than
annually thereafter, the corporation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of
the House of Representatives a report on the activities of
the corporation during the prior fiscal year.
\(k\) Definition.—In this section, the term “fab lab”
means a facility that—
\(1\) contains the range of capabilities required to create
form and function from digital designs, including—
\(A\) computer-controlled machines for additive and
subtractive fabrication processes;
\(B\) tools and components for manufacturing and programming
electronic circuits;
\(C\) materials and methods for short-run production; and
\(D\) workflows for three-dimensional design and
digitization; and
\(2\) is committed to supporting education, innovation,
entrepreneurship, personal expression, self-sufficiency, and
social impact for its community through digital fabrication.
SA 6348. Ms. ROSEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.
Section 414\(h\) of title 39, United States Code, is amended
by striking “2027” and inserting “2037”.
SA 6349. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 549F. BEYOND THE YELLOW RIBBON PROGRAM.
Section 582\(k\)\(2\) of the National Defense Authorization Act
for Fiscal Year 2008 \(Public Law 110-181; 10 U.S.C. 10101\) is
amended by striking “For fiscal year 2026, $20,000,000” and
inserting “For fiscal year 2027, $25,000,000”.
SA 6350. Mr. SANDERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 549F. BEYOND THE YELLOW RIBBON PROGRAM.
Section 582\(k\)\(2\) of the National Defense Authorization Act
for Fiscal Year 2008 \(Public Law 110-181; 10 U.S.C. 10101\) is
amended by striking “For fiscal year 2026, $20,000,000 are
authorized to be appropriated” and inserting “For fiscal
year 2027, $25,000,000 are authorized to be appropriated, and
are appropriated,”.
SA 6351. Mr. FETTERMAN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title III, add the following:
SEC. 320C. PILOT PROGRAM TO PROVIDE INTEGRATED CONNECTIVITY
SERVICE.
\(a\) Establishment.—The Secretary of Defense, acting
through the Assistant Secretary of Defense for Energy,
Installations, and Environment, shall establish and carry out
a pilot program \(in this section referred to as the “pilot
program”\) to provide integrated connectivity service to a
covered population—
\(1\) stationed at five covered military installations, as
determined by the Secretary; and
\(2\) at no cost to such covered population.
\(b\) Program Requirements.—
\(1\) Service provisioning and ensuring.—To carry out the
pilot program, the Assistant Secretary shall enter into a
contract with an American contracted entity to act as
telecommunications operator for the covered military
installation—
\(A\) to provide the integrated connectivity service with a
private network management system or a hybrid-capable network
management system;
\(B\) to ensure the integrated connectivity service can
support multiple tenant commands, or activity present on such
covered military installations with individualized
commitments, such as separate network slices and security
policies that can be tailored to the tenant command
requirements; and
\(C\) to provide and ensure operation of the integrated
connectivity service.
\(2\) Integrated connectivity service requirement.—The
integrated connectivity service provided under the pilot
program shall—
\(A\) provide broadband internet access service as the
baseline service and meet or exceed any speed benchmarks
established by the Chairman of the Federal Communications
Commission for broadband internet access services,
including—
\(i\) a minimum download speed of 100-Mbps; and
\(ii\) a minimum upload speed of 20-Mbps; and
\(B\) support the integration of P5G data services with
broadband internet access service over a common integrated
connectivity service, where such mobile services are
identified as required by the tenant command of the covered
military installation.
\(3\) Goods procured under contract.—Any goods procured
under the contract described under paragraph \(1\) shall be the
property of the Department of Defense.
\(4\) Standard.—Infrastructure setup and operation of the
integrated connectivity service shall—
\(A\) be based on National Institute of Standards and
Technology standards specified in Special Publication 800-171
Revision 3, or successor standards, including any future
revisions, updates, or successor publications to ensure the
availability and security of such integrated connectivity
service; and
\(B\) exclude hybrid-capable network management systems with
availability and security risks, such as pure public cloud
only network management systems.
\(5\) Cost.—In carrying out the pilot program, the Assistant
Secretary shall account for the full lifecycle costs of such
pilot program, including—
\(A\) the initial build and setup;
\(B\) a refresh, every five years during the period the
authority to carry out the pilot program is effective, of the
integrated connectivity service, including a refresh of the
underlying infrastructure of the entire integrated
connectivity service, to ensure long-term—
\(i\) availability;
\(ii\) security; and
\(iii\) usability; and
\(C\) monthly recurring costs, including services provided
by—
\(i\) the host nation carrier for bandwidth; and
\(ii\) the telecommunications operator.
\(6\) Methodology.—When carrying out the pilot program, the
Assistant Secretary shall use industry standard lifecycle
methodologies and broadly adopted practices, including the
National Institute of Standards and Technology Cybersecurity
Framework, Special Publication 800-53, Information Technology
infrastructure library and the Plan, Prepare, Design,
Implement, Operate, Optimize methodology to deliver a cost-
effective, secure, sustainable, right-sized network
infrastructure.
\(7\) Equipment procurement.—Notwithstanding section
8302\(a\)\(2\)\(A\) of title 41, United States Code, for the
purpose of providing integrated connectivity service, as
described under paragraph \(1\), the American contracted entity
shall procure any necessary articles, materials, or supplies
in the United States pursuant to section 8302 of title 41,
United States Code.
\(c\) Report.—Not later than five years after the date of
the enactment of this section, and annually thereafter, the
Assistant Secretary shall submit to Congress a report on the
pilot program, including—
\(1\) an analysis of the cost; and
\(2\) a determination of which additional military
installations located outside the contiguous United States
should be provided with integrated connectivity service.
\(d\) Authorization of Appropriations.—There are authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 2027 through 2032.
\(e\) Definitions.—In this section:
\(1\) The term “5G” means fifth generation mobile network
technology, including higher-speed and lower latency device
connectivity over mobile radio networks.
\(2\) The term “Assistant Secretary” means the Assistant
Secretary of Defense for Energy, Installations, and
Environment.
\(3\) The term “American contracted entity” means an
entity—
\(A\) organized in the United States and with its principal
place of business located within the United States;
\(B\) majority-owned and controlled by a United States
citizen, a lawful permanent resident, or publicly traded on a
United States stock exchange and subject to United States
laws and jurisdiction;
\(C\) that employs primarily personnel based in the United
States to perform management, engineering, operations, and
customer support functions, including staffing key
operational and decision-making roles within the United
States;
\(D\) that procures equipment and technology through a supply
chain compliant with sections 889 and 1260H of the William M.
\(Mac\) Thornberry National Defense Authorization Act for
Fiscal Year 2021 \(Public Law 116-283\), including the
avoidance of prohibited or restricted telecommunications and
video surveillance equipment and services; and
\(E\) that complies with section 8302 of title 41, United
States Code, whenever practicable, prioritizing United States
manufactured products, United States sourced components, and
United States based subcontractors and suppliers wherever and
whenever possible, consistent with project requirements,
availability, and cost reasonableness.
\(4\) The term “broadband internet access service” has the
meaning given such term in section 8.1\(b\), title 47, Code of
Federal Regulations, or any successor regulation.
\(5\) The term “cloud only deployment model” means a
deployment model in which the network management system is
delivered solely as a vendor-managed software-as-a-service
offering, with no option for self-hosted, on-premises, or
private cloud deployment.
\(6\) The term “covered military installation” means a
military installation as defined in section 2801 of title 10,
United States Code, under the jurisdiction of the Secretary
of the Army, the Secretary of the Air Force, or the Secretary
of the Navy and located in the Middle East.
\(7\) The term “covered population” means active duty
members of the Armed Forces, as defined in section 101\(d\)\(1\)
of title 10, United States Code, but may be expanded to
include employees of a Defense Agency as defined in section
101\(a\)\(11\) of title 10, United States Code, by the tenant
command of a covered military installation through the
telecommunications officer of the covered military
installation.
\(8\) The term “host nation carrier” means a
telecommunications provider that is—
\(A\) licensed or authorized to operate in the foreign nation
in which the covered military installation is located; and
\(B\) provides broadband internet access, data, or mobile
communication services within the foreign nation.
\(9\) The term “hybrid-capable network management system”
means a common architectural framework that supports both
broadband internet access service and private or hybrid
public and P5G mobile connectivity services, as required and
is not limited to a public only deployment model or a cloud
only deployment model.
\(10\) The term “integrated connectivity service” means a
fixed, high-speed broadband internet access service, and may
include private or hybrid mobile connectivity, including P5G,
as required by the Secretary of Defense to meet operational
requirements.
\(11\) The term “Mbps” means one million bits per second.
\(12\) The term “P5G” means a private mobile network
service using 5G mobile network technology and available only
to members of the Armed Forces stationed on covered military
installations participating in the pilot program.
\(13\) The term “private network management system” means a
network management system that is—
\(A\) compliant with the requirements for a cyber security
maturity model certification; and
\(B\) not cloud-based.
\(14\) The term “public only deployment model” means a
deployment model in which the network management system is
hosted exclusively in a third-party public cloud environment,
including AWS, Azure, and Google Cloud, and cannot be
deployed or operated on customer-owned or on-premises
infrastructure.
\(15\) The term “pure public cloud only network management
system” means a network management platform hosted and
operated exclusively within a third-party public cloud
environment and delivered solely as a cloud-based service,
with no capability for deployment, operation, or control
within on-premises or private cloud infrastructure.
\(16\) The term “telecommunications operator” means an
American contracted entity responsible for the design,
installation, and ongoing operations and maintenance of the
broadband internet access service and P5G mobile network
access to be provided on a covered military installation.
SA 6352. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PROHIBITION ON TRANSFER OF PLUTONIUM TO PRIVATE
ENTITIES FOR COMMERCIAL USE.
Section 57 of the Atomic Energy Act of 1954 \(42 U.S.C.
2077\) is amended by adding at the end the following:
“f. Prohibition on Transfer of Plutonium to Private
Entities for Commercial Use.—
“\(1\) Definitions.—In this subsection:
“\(A\) Commercial activity.—The term \`commercial activity'
means an activity carried out for profit, including the
generation of electricity for sale.
“\(B\) Nuclear explosive device.—The term \`nuclear
explosive device' means any device that uses source material
or special nuclear material that is designed to or capable of
producing a nuclear explosion, including a nuclear weapon,
weapon prototype, or a weapon test device, regardless of
whether the device is intended for use as a weapon.
“\(C\) Private entity.—The term \`private entity' means a
person other than a department, agency, or instrumentality of
the United States.
“\(D\) Separated plutonium.—The term \`separated plutonium'
means plutonium with respect to which separation of plutonium
has occurred.
“\(E\) Separation of plutonium.—The term \`separation of
plutonium' means any chemical, physical, or other process
applied to spent nuclear fuel or other material containing
plutonium that produces a product in which plutonium—
“\(i\) is isolated from other transuranic elements,
including neptunium, americium, and curium, to a degree such
that the product could be used in the manufacture of a
nuclear explosive device without further separation of the
plutonium from those other transuranic elements; or
“\(ii\) is otherwise rendered usable, or usable with minimal
further processing, in the manufacture of a nuclear explosive
device.
“\(2\) Prohibition on transfer and possession of
plutonium.—Notwithstanding subsection \(a\) or section 53, the
United States, including the Department of Energy and the
Nuclear Regulatory Commission, may not transfer title to, or
possession of, any plutonium to a private entity for use by
that private entity in commercial activity unless an
exception described in paragraph \(6\) applies.
“\(3\) Retrieval of previously transferred plutonium.—
“\(A\) In general.—Not later than 90 days after the date of
enactment of this subsection, the Secretary of Energy shall
retrieve any plutonium that, as of that date of enactment, is
in the possession of a private entity as a result of a
transfer of the plutonium for use in a commercial activity,
unless an exception described in paragraph \(6\) applies.
“\(B\) Effect of failure to retrieve.—Any plutonium that
the Secretary of Energy is required to retrieve under
subparagraph \(A\) that remains in the possession of a private
entity at the end of the 90-day period described in that
subparagraph shall be considered to be a possession in
violation of paragraph \(2\).
“\(4\) Prohibition on importation of separated plutonium by
private entities.—Notwithstanding subsection \(a\) or any
license issued under that subsection, no private entity may
import into the United States any separated plutonium for use
in a commercial activity, unless an exception described in
paragraph \(6\) applies.
“\(5\) Prohibition on commercial separation of plutonium.—
No person operating, pursuant to a license issued under
section 103 or 104, a facility that reprocesses spent nuclear
fuel or other source material or special nuclear material may
use, in that operation, any process that results in the
separation of plutonium.
“\(6\) Exceptions described.—An exception referred to in
this subsection is—
“\(A\) the possession or transfer of plutonium composed of
80 percent or more by weight of the isotope plutonium-238;
“\(B\) the possession of plutonium by or transfer of
plutonium to a contractor or subcontractor operating a
facility for the account of the Department of Energy, where
title to the plutonium remains with the United States; or
“\(C\) the possession or transfer of plutonium for purposes
of the disposal, disposition, downblending, or vitrification
of plutonium under a program of the Department of Energy
relating to nuclear proliferation or radioactive waste
management, subject to the condition that any plutonium
derived from a possession or transfer under this subparagraph
shall not be used in a commercial activity.”.
SA 6353. Mr. HEINRICH \(for himself, Mr. Schumer, Mrs. Gillibrand, and Mr. Hickenlooper\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DEFENSE NUCLEAR WASTE REAUTHORIZATIONS.
\(a\) Economic Assistance and Miscellaneous Payments for the
Waste Isolation Pilot Plant.—Section 15\(a\) of the Waste
Isolation Pilot Plant Land Withdrawal Act \(Public Law 102-
579; 106 Stat. 4791; 110 Stat. 2854\) is amended—
\(1\) in the subsection heading, by striking “14-year
Authorization” and inserting “In General”; and
\(2\) in the first sentence—
\(A\) by striking “each of the 14 fiscal years beginning
with”; and
\(B\) by inserting “and each fiscal year thereafter through
the fiscal year during which transuranic waste shipments to
or from WIPP have been terminated” before the period at the
end.
\(b\) Extension of Authorization of Cheney Disposal Cell.—
Section 112\(a\)\(1\)\(B\) of the Uranium Mill Tailings Radiation
Control Act of 1978 \(42 U.S.C. 7922\(a\)\(1\)\(B\)\) is amended by
striking “, or September 30, 2031, whichever comes first”.
\(c\) West Valley Demonstration Project.—Section 3\(a\) of the
West Valley Demonstration Project Act \(Public Law 96-368; 42
U.S.C. 2021a note\) is amended by striking “$75,000,000 for
each of fiscal years 2020 through 2026” and inserting
“$150,000,000 for each of fiscal years 2027 through 2037”.
SA 6354. Ms. HIRONO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 539F. PROTECTED SPEECH; PROHIBITION OF RETALIATORY OR
ADVERSE ACTIONS AGAINST RETIRED MEMBERS OF THE
ARMED FORCES.
\(a\) Prohibition.—
\(1\) In general.—The Secretary of Defense and the
Secretaries of any military department may not take any
adverse personnel action against a retired member of the
Armed Forces based in whole or in part on the member's speech
on matters of public concern or political activity.
\(2\) Exception.—The prohibition under paragraph \(1\) shall
not apply to a member who is wearing a military uniform.
\(b\) Adverse Personnel Action.—For purposes of this
section, the term “adverse personnel action” includes—
\(1\) issuance of a letter of censure, reprimand, or
admonishment;
\(2\) initiation or conduct of an officer grade
determination;
\(3\) reduction in retired grade or retired pay; and
\(4\) any other administrative action intended to penalize or
diminish the retired status, grade, or benefits of the
retired member.
SA 6355. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. EXEMPTION OF DACA RECIPIENTS FROM CIVIL
IMMIGRATION ENFORCEMENT.
Notwithstanding any other provision of law, civil
immigration enforcement actions, including arrest, detention,
placement in removal proceedings, and issuance of an order of
removal from the United States may not be carried out
against—
\(1\) any person who is a recipient of Deferred Action for
Childhood Arrivals pursuant to subpart C of part 236 of title
8, Code of Federal Regulations, unless the Department of
Homeland Security has made a final determination that such
person no longer meets the requirements of such program; or
\(2\) any applicant seeking to renew a grant of Deferred
Action for Childhood Arrivals pursuant to subpart C of part
236 of title 8, Code of Federal Regulations, who appears
prima facie eligible for such renewal until a final decision
has been made on the renewal application pursuant to such
subpart.
SA 6356. Mr. WHITEHOUSE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—REPO for Ukrainians Implementation Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “REPO for Ukrainians
Implementation Act of 2026” or the “REPO Implementation Act
of 2026”.
SEC. 1282. RECOGNITION OF PORTO DECLARATION OF ORGANIZATION
FOR SECURITY AND CO-OPERATION IN EUROPE.
Section 101\(a\) of the Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act \(division F of Public Law 118-
50; 22 U.S.C. 9521 note\) is amended by adding at the end the
following:
“\(10\) Every member of the European Union, including
Belgium, and all but one member of the G7, are also
participating states of the Organization for Security and
Cooperation in Europe.
“\(11\) On July 3, 2025, the Parliamentary Assembly of the
Organization for Security and Cooperation in Europe adopted
unanimously in plenary session the Porto Declaration, which
\`\[c\]alls on OSCE participating States to unlock the full
value of an estimated U.S. $300 billion in Russian sovereign
assets frozen across the region by repurposing the underlying
principal, in sizeable increments and on a regular and timely
schedule, for Ukraine until the Russian Federation ends its
aggression and agrees to compensate Ukraine for damages
directly resulting from the war'.”.
SEC. 1283. TRANSFER OF ASSETS TO UKRAINE SUPPORT FUND.
Section 104\(b\)\(2\) of the Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act \(division F of Public Law 118-
50; 22 U.S.C. 9521 note\) is amended—
\(1\) in the heading, by striking “Vesting” and inserting
“Status of assets”;
\(2\) by striking “For funds confiscated” and inserting the
following:
“\(A\) Vesting of confiscated funds.—For funds
confiscated”; and
\(3\) by adding at the end the following:
“\(B\) Transfer of funds not confiscated.—For the purpose
of placing Russian aggressor state sovereign assets into an
interest-bearing account, the President may transfer such
funds into the Ukraine Support Fund without confiscating such
funds.”.
SEC. 1284. INVESTMENT OF AMOUNTS IN UKRAINE SUPPORT FUND.
\(a\) In General.—Section 104\(d\) of the Rebuilding Economic
Prosperity and Opportunity for Ukrainians Act \(division F of
Public Law 118-50; 22 U.S.C. 9521 note\) is amended—
\(1\) in paragraph \(1\)—
\(A\) by striking “of any funds” and inserting the
following: “of—
“\(A\) any funds”;
\(B\) by striking the period at the end and inserting “;
and”; and
\(C\) by adding at the end the following:
“\(B\) any amounts that may be credited to the account under
paragraph \(3\).”; and
\(2\) by adding at the end the following:
“\(3\) Investment of amounts.—
“\(A\) Investment of amounts.—The Secretary of the Treasury
shall invest such portion of the account established under
paragraph \(1\) as is not required to meet current withdrawals
in interest-bearing obligations of the United States or in
obligations guaranteed as to both principal and interest by
the United States.
“\(B\) Interest and proceeds.—The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the account established under paragraph \(1\) shall be
credited to and form a part of the account.”.
\(b\) Implementation.—The President shall ensure that funds
in the Ukraine Support Fund established under section 104\(d\)
of the Rebuilding Economic Prosperity and Opportunity for
Ukrainians Act are invested as required by paragraph \(3\) of
that section, as added by subsection \(a\), by not later than
the date that is 45 days after the date of the enactment of
this Act.
SEC. 1285. QUARTERLY OBLIGATION OF FUNDS IN UKRAINE SUPPORT
FUND TO BENEFIT UKRAINE.
\(a\) In General.—Section 104\(f\) of the Rebuilding Economic
Prosperity and Opportunity for Ukrainians Act \(division F of
Public Law 118-50; 22 U.S.C. 9521 note\) is amended by adding
at the end the following:
“\(4\) Quarterly obligations.—
“\(A\) In general.—Not less frequently than every 90 days
while funds remain in the Ukraine Support Fund, the Secretary
of State may obligate and expend, from the Fund, an amount
that is not less than $250,000,000 \(except as provided by
subparagraph \(B\)\) for the purpose of providing assistance to
Ukraine under this subsection.
“\(B\) Final amounts in fund.—When less than $250,000,000
remains in the Fund, the Secretary of State may obligate and
expend the remaining amount for the purpose of providing
assistance to Ukraine under this subsection.”.
\(b\) Implementation.—It is the sense of Congress that the
President should ensure that the first obligation of amounts
pursuant to paragraph \(4\) of section 104\(f\) of the Rebuilding
Economic Prosperity and Opportunity for Ukrainians Act, as
added by subsection \(a\), occurs not later than the date that
is 60 days after the date on which Russian sovereign assets
are deposited in the Ukraine Support Fund.
SEC. 1286. ENGAGEMENT WITH CERTAIN FOREIGN COUNTRIES.
\(a\) In General.—Title II of the Rebuilding Economic
Prosperity and Opportunity for Ukrainians Act \(division F of
Public Law 118-50; 22 U.S.C. 9521 note\) is amended by adding
at the end the following:
“SEC. 109. ENGAGEMENT WITH FOREIGN COUNTRIES.
“\(a\) Reports Required.—
“\(1\) Covered country report.—Not later than 90 days after
the date of the enactment of the REPO for Ukrainians
Implementation Act of 2026, the President shall submit to the
appropriate congressional committees a report specifying—
“\(A\) the covered countries in which Russian sovereign
assets are located;
“\(B\) the amount of such assets in each such country; and
“\(C\) a description of such assets, including—
“\(i\) whether or not such assets are frozen, blocked, or
immobilized; and
“\(ii\) whether or not such assets are accruing interest.
“\(2\) Report on non-covered countries.—Not later than 270
days after the date of the enactment of the REPO for
Ukrainians Implementation Act of 2026, the President shall
submit to the appropriate congressional committees a report
specifying—
“\(A\) the foreign countries that are not covered countries
in which Russian sovereign assets are located;
“\(B\) the amount of such assets in each such country; and
“\(C\) a description of such assets, including—
“\(i\) whether or not such assets are frozen, blocked, or
immobilized; and
“\(ii\) whether or not such assets are accruing interest.
“\(3\) Form.—The reports required by paragraphs \(1\) and \(2\)
shall be submitted in unclassified form but may include a
classified annex.
“\(b\) Sense of Congress on Engagement.—Not later than 30
days after the date of the enactment of the REPO for
Ukrainians Implementation Act of 2026, the Secretary of
State, in coordination with the Secretary of the Treasury,
should commence a robust, sustained, diplomatic effort to
persuade the government of each covered country to begin
repurposing, on a quarterly basis, an amount that is not less
than 5 percent of the Russian sovereign assets located in
that country for the benefit of Ukraine.
“\(c\) Covered Country Defined.—In this section, the term
\`covered country' means Australia and any country that is a
member of the G7 or the European Union, other than the United
States.”.
\(b\) Clerical Amendment.—The table of contents in section 1
of the Rebuilding Economic Prosperity and Opportunity for
Ukrainians Act \(division F of Public Law 118-50; 22 U.S.C.
9521 note\) is amended by inserting after the item relating to
section 108 the following:
“Sec. 109. Engagement with foreign countries.”.
SEC. 1287. MODIFICATION OF JUDICIAL REVIEW PROVISION.
Section 104\(k\) of the Rebuilding Economic Prosperity and
Opportunity for Ukrainians Act \(division F of Public Law 118-
50; 22 U.S.C. 9521 note\) is amended by striking “this
section” each place it appears and inserting “this
division”.
SEC. 1288. TECHNICAL CORRECTIONS.
The Rebuilding Economic Prosperity and Opportunity for
Ukrainians Act \(division F of Public Law 118-50; 22 U.S.C.
9521 note\) is amended—
\(1\) in section 2\(2\), by striking “paragraph \(7\)” and
inserting “paragraph \(6\)”;
\(2\) in section 101\(a\)—
\(A\) in paragraph \(4\), by striking “deplore\[d\]” and
inserting “\[d\]eplore\[d\]”; and
\(B\) in paragraph \(6\), in the matter preceding subparagraph
\(A\), by striking “a resolution” and inserting “Resolution
ES-11/5”;
\(3\) in section 102\(6\), by striking the period at the end
and inserting a semicolon;
\(4\) in section 103\(a\), in the matter preceding paragraph
\(1\), by striking “section 104\(j\)” and inserting “section
104\(l\)”;
\(5\) in section 104—
\(A\) in subsection \(a\), by striking “section
501.603\(b\)\(ii\)” and inserting “section 501.603\(b\)\(1\)\(ii\)”;
\(B\) in subsection \(d\)\(2\), by striking “accounts” and
inserting “account”; and
\(C\) in subsection \(f\)\(1\), by striking “Funds” and
inserting “funds”; and
\(6\) in section 105—
\(A\) in subsection \(a\), in the matter preceding paragraph
\(1\), by striking “section 104\(c\)” and inserting “section
104\(d\)”;
\(B\) in subsection \(b\), by striking “section 104\(f\)” and
inserting “section 104\(g\)”; and
\(C\) in subsection \(f\), by striking “subsection \(c\)\(2\)”
and inserting “subsection \(c\)”.
SA 6357. Mr. BOOKER \(for himself and Mr. McCormick\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12. EASTERN MEDITERRANEAN GATEWAY ACT.
\(a\) Short Title.—This section may be cited as the
“Eastern Mediterranean Gateway Act”.
\(b\) Purpose.—The purpose of this section is to support the
role of Eastern Mediterranean countries as a strategic
gateway in the India-Middle East-Europe Economic Corridor
\(IMEC\).
\(c\) Findings.—Congress finds the following:
\(1\) The India-Middle East-Europe Economic Corridor \(IMEC\),
launched at the G20 Summit in 2023 with G7 backing, enhances
connectivity between Asia, the Middle East, and Europe while
serving as a strategic alternative to Chinese infrastructure
investments.
\(2\) The Eastern Mediterranean region is of strategic
importance to the United States and its allies, as
demonstrated by the United States founding role in the 3+1
framework with Greece, Israel, and Cyprus.
\(3\) Energy projects such as the Great Sea Interconnector,
the Gregy Interconnection Project, the Greece-Bulgaria
Interconnector, and the LNG terminals in the Eastern
Mediterranean play a key role in European energy security and
provide critical infrastructure that can serve as the
backbone for linking India, the Gulf, and Europe through the
Eastern Mediterranean and improve opportunities for United
States energy security.
\(4\) Cyprus, Greece, Egypt, and Israel are key United States
partners in promoting stability, security, and economic
development in the region.
\(5\) Enhanced defense and security cooperation, as well as
educational and cultural exchanges, strengthen bilateral and
multilateral ties.
\(6\) According to Presidential Determination 2025-03, “the
furnishing of defense articles and defense services to the
Republic of Cyprus will strengthen the security of the United
States and promote world peace”.
\(7\) The statement of policy in the Israel Relations
Normalization Act of 2022 \(22 U.S.C. 8601 note\), notably that
it is the policy of the United States “to expand and
strengthen the Abraham Accords to encourage other nations to
normalize relations with Israel”, should guide the Secretary
of State and other United States actors in their work to
promote integration between India, the Middle East and
southeast Europe.
\(8\) India has strengthened strategic ties with Greece,
Israel, and Cyprus, fostering economic, maritime, and
security cooperation that aligns with United States regional
priorities.
\(9\) The success of the India-Middle East-Europe Economic
Corridor depends on infrastructure, security, and innovation
partnerships rooted in the Eastern Mediterranean region,
which serves as the primary connective hub linking the Gulf
and Indian subcontinent to Europe.
\(d\) Sense of Congress.—It is the sense of Congress that—
\(1\) the significance of diplomatic initiatives such as the
Greece-Cyprus-Israel-US “3+1” format, the East
Mediterranean Gas Forum and the Abraham Accords should be
recognized and the United States should maintain its
leadership role in these diplomatic initiatives;
\(2\) the United States should continue to actively
participate in the initiatives of the East Mediterranean Gas
Forum;
\(3\) the Eastern Mediterranean region is a key gateway that
can link three continents and the United States should
support energy and transportation infrastructure,
connectivity initiatives, defense cooperation, and other
forms of integration in and around the region;
\(4\) the United States recognizes the unique role of Eastern
Mediterranean countries as both a distinct subregion and a
central connector within the broader IMEC corridor;
\(5\) the “3+1” diplomatic initiative should resume with a
meeting of the Secretary of State with the Foreign Ministers
of Israel, Greece, and Cyprus; and
\(6\) the statement of policy in section 203 of the Eastern
Mediterranean Security and Energy Partnership Act of 2019 \(22
U.S.C. 2373 note\) should guide the Secretary of State in
promoting connectivity between India, the Middle East and
Europe, including participation in the trilateral dialogue on
energy, maritime security, cybersecurity and protection of
critical infrastructure conducted among Israel, Greece, and
Cyprus.
\(e\) Diplomacy in Eastern Mediterranean Region.—
\(1\) Strategic dialogues.—The Secretary of State may
institutionalize multilateral strategic dialogues between the
United States and IMEC countries, including dedicated formats
with Eastern Mediterranean countries, with which the United
States has a bilateral strategic dialogue.
\(2\) Prioritization of the eastern mediterranean.—The
Secretary of State shall prioritize the Eastern Mediterranean
region in United States foreign policy, focusing on energy
security and defense cooperation with countries in such
region.
\(f\) Reports and Studies.—
\(1\) Report on implementation.—
\(A\) In general.—Not later than one year after the date of
the enactment of this Act and annually thereafter for 5 years
and every 2 years thereafter for 10 years, the Secretary of
State shall submit to the appropriate congressional
committees a report describing the implementation and effect
of this Act, including an update on energy projects and
defense cooperation that are being carried out pursuant to
the authorities of this Act and the amendments made by this
Act.
\(B\) Contents.—The report required by subparagraph \(A\)
shall include an assessment detailing how IMEC is helping to
boost connections and trade between relevant United States
partners with the aim of countering the influence of the
People's Republic of China.
\(2\) Report on multilateral initiatives.—Not later than one
year after the date of the enactment of this Act, the
Secretary of State shall provide to the appropriate
congressional committees a briefing on each multilateral
initiative between the United States and IMEC countries.
\(3\) Analysis of cyprus centre for land, open seas, and port
security.—Not later than one year after the date of the
enactment of this Act, the Secretary of State shall analyze
insights gained from the operation of the Cyprus Centre for
Land, Open Seas, and Port Security as a potential model for
broad-based multilateral cooperation.
\(4\) Study of program creation and expansion.—Not later
than one year after the date of the enactment of this Act,
the Secretary of State, in consultation with the Secretary of
Energy, shall submit to the appropriate congressional
committees a report describing the cost of, steps to, and
feasibility of—
\(A\) creating bilateral programs with Eastern Mediterranean
countries modeled on bilateral programs between the United
States and Israel, including—
\(i\) the Binational Agriculture Research and Development
Fund;
\(ii\) the United States-Israel Binational Industrial
Research and Development Foundation \(including projects
relating to homeland security and cybersecurity\);
\(iii\) the United States-Israel Binational Science
Foundation; and
\(iv\) the United States-Israel Science and Technology
Foundation; and
\(B\) expanding bilateral programs between the United States
and Israel, including the programs listed in subparagraph
\(A\), to include other Eastern Mediterranean countries and
IMEC countries.
\(g\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(2\) Eastern mediterranean country.—The term “Eastern
Mediterranean country” refers to the following countries:
\(A\) The Arab Republic of Egypt.
\(B\) The Hellenic Republic.
\(C\) The Republic of Cyprus.
\(D\) The State of Israel.
\(3\) IMEC country.—The term “IMEC country” means any of
the following countries:
\(A\) The European Union.
\(B\) The Federal Republic of Germany.
\(C\) The French Republic.
\(D\) The Italian Republic.
\(E\) The Kingdom of Saudi Arabia.
\(F\) The Republic of India.
\(G\) The United Arab Emirates.
\(H\) The United States.
\(I\) Any other country that the Secretary of State
designates as an IMEC country for purposes of this section.
SA 6358. Mr. BOOKER \(for himself and Mr. Moran\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. MODIFICATION TO WAIVERS OF LIMITATIONS ON TRANSFER
OF ARTICLES ON UNITED STATES MUNITIONS LIST TO
THE REPUBLIC OF CYPRUS.
\(a\) Eastern Mediterranean Security and Energy Partnership
Act of 2019.—Section 205\(d\)\(2\) of the Eastern Mediterranean
Security and Energy Partnership Act of 2019 \(22 U.S.C. 2373
note; title II of division J of Public Law 116-94\) is amended
by striking “one fiscal year” and inserting “five fiscal
years”.
\(b\) National Defense Authorization Act for Fiscal Year
2020.—Section 1250A\(d\)\(2\) of the National Defense
Authorization Act for Fiscal Year 2020 \(22 U.S.C. 2373 note;
Public Law 116-92\) is amended by striking “one fiscal year”
and inserting “five fiscal years”.
SA 6359. Mr. BOOKER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VII add the following:
SEC. 771. STRATEGIC PLAN TO ADDRESS MENTAL HEALTH OF MEMBERS
OF THE ARMED FORCES.
\(a\) Plan.—The Secretary of Defense, in coordination with
the Secretary of each military department and the Director of
the Defense Health Agency, shall develop a strategic plan to
address suicide by members of the Armed Forces and the mental
health services provided to such members.
\(b\) Elements.—The plan under subsection \(a\) shall include
the following:
\(1\) Developing and enforcing uniform protocols with respect
to—
\(A\) the regulations prescribed for the self-initiated
referral process under section 1090b\(e\) of title 10, United
States Code, for members of the Armed Forces seeking mental
health evaluations; and
\(B\) the provision of information, including through
workplace posters, flyers, and advertisements, to ensure
members of the Armed Forces are aware of such referral
process.
\(2\) Standardized mental health training for members of the
Armed Forces, including—
\(A\) specialized training for commanders, senior enlisted
leaders, and medical personnel on identifying and addressing
mental health concerns;
\(B\) the development of a certification process based on
completion of training with documented proof of compliance;
\(C\) training on how to respond when a member of the Armed
Forces initiates the referral process under section 1090b\(e\)
of title 10, United States Code; and
\(D\) training on how to recognize signs indicating mental
health distress.
SA 6360. Mr. BOOKER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. \_\_. ASSESSMENT OF CIVILIAN WORKFORCE REDUCTIONS.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
carry out and submit to the Committees on Armed Services of
the Senate and the House of Representatives a comprehensive
assessment of the impacts of reductions in the civilian
workforce of the Department of Defense carried out since
January 1, 2025, including resulting experience and skills
gaps where losses were not offset by entry- or mid-level
hiring.
\(b\) Elements.—The assessment required by subsection \(a\)
shall include the following:
\(1\) An evaluation of—
\(A\) the effects of the reductions described in such
subsection on mission execution, technical expertise, and
institutional knowledge across critical functional areas; and
\(B\) risks to readiness, acquisition, and sustainment.
\(2\) An identification of mitigation strategies, including
workforce planning, targeted hiring, training, and retention
efforts, to address identified gaps.
SA 6361. Mr. BOOKER \(for himself and Mr. Schatz\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title V, add the following:
SEC. 508. CONTEMPORANEOUS DOCUMENTATION OF DECISIONS TO DELAY
OR WITHHOLD PROMOTIONS.
The Secretary of Defense shall document any decision to
delay or withhold a military officer promotion selected by a
promotion board in a written memorandum justification that
shall include the specific basis for such action at the time
the action is taken.
SA 6362. Mr. BOOKER \(for himself and Mr. Schatz\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title V, add the following:
SEC. 508. ANONYMIZED AGGREGATE REPORTING TO CONGRESS.
\(a\) Reporting Requirement.—The Secretary of Defense to
submit quarterly anonymized aggregate reports to Congress to
support oversight of the integrity of the military promotion
process and to identify systemic patterns.
\(b\) Elements.—The reports required under subsection \(a\)
shall include the following information:
\(1\) The total number of promotion actions delayed,
withheld, returned, or otherwise paused at any stage
following selection by a promotion board.
\(1\) Aggregate demographic breakdowns of affected service
members, including gender, sex, race, and ethnicity.
\(1\) The average duration of such delays.
\(1\) The percentage of delayed promotions that are
subsequently approved, denied, or not executed.
SA 6363. Mr. RICKETTS \(for himself and Mr. Kaine\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title XII, insert
the following:
SEC. \_\_. MODIFICATION OF LIMITATION RELATING TO EXPORTS AND
TRANSFERS OF DEFENSE ARTICLES AND SERVICES
UNDER THE AUKUS PARTNERSHIP.
Section 38\(l\)\(4\)\(B\) of the Arms Export Control Act \(22
U.S.C. 2778\(l\)\(4\)\(B\)\) is amended by inserting “, excluding
subclauses \(I\), \(II\), and \(III\)” after “subsection
\(j\)\(1\)\(C\)\(ii\)”.
SA 6364. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. IMPROVEMENT OF SUBMISSION OF MEDICAL DOCUMENTATION
TO THE SECRETARY OF VETERANS AFFAIRS BY
COMMUNITY CARE PROVIDERS.
\(a\) In General.—The Secretary of Veterans Affairs shall
ensure that each contract, agreement, or other arrangement
through which the Secretary furnishes hospital care, medical
services, or extended care services to eligible veterans
through non-Department of Veterans Affairs entities or
providers includes clear requirements, including requirements
regarding timeliness, regarding the submission of medical
documentation to the Secretary after a veteran receives such
care or services from the non-Department entity or provider.
\(b\) Internal Measures.—The Secretary shall establish such
goals and related performance measures for medical centers of
the Department as the Secretary determines appropriate in
obtaining medical documentation from non-Department entities
or providers under subsection \(a\).
\(c\) Training.—The Secretary may establish goals and
related performance measures for the completion by non-
Department entities or providers of core training related to
the submission to the Secretary of medical documentation
under subsection \(a\) and may monitor the completion of such
training.
\(d\) Outreach.—The Secretary shall ensure that
communications by the Secretary with non-Department entities
or providers contain clear and accurate information regarding
requirements for submitting medical documentation under
subsection \(a\) and completing the core training described in
subsection \(c\).
\(e\) Submission of Goals, Measures, and Materials.—Not
later than one year after the date of the enactment of this
Act, and not less frequently than annually thereafter
for the following five years, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives copies of any goals, performance measures,
training materials, or outreach materials pertaining to the
submission of medical documentation under this section.
SA 6365. Mr. RICKETTS \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle \_\_—The PORCUPINE Act
SEC. 12\_1. SHORT TITLE.
This subtitle may be cited as the “Providing Our Regional
Companions Upgraded Protection in Nefarious Environments
Act” or “PORCUPINE Act”.
SEC. 12\_2. MODIFICATION OF CERTIFICATION AND REPORTING
REQUIREMENTS UNDER THE ARMS EXPORT CONTROL ACT.
\(a\) In General.—The Arms Export Control Act \(22 U.S.C.
2751 et seq.\) is amended—
\(1\) in section 3 \(22 U.S.C. 2753\)—
\(A\) in subsection \(b\)\(2\), by inserting “Taiwan,” before
“or the”; and
\(B\) in subsection \(d\)—
\(i\) in paragraph \(2\)\(B\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”;
\(ii\) in paragraph \(3\)\(A\)\(i\), by striking “or New Zealand”
and inserting “New Zealand, or Taiwan”; and
\(iii\) in paragraph \(5\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”;
\(2\) in section 21 \(22 U.S.C. 2761\)—
\(A\) in subsection \(e\)\(2\)\(A\), by striking “or New Zealand”
and inserting “New Zealand, or Taiwan”; and
\(B\) in subsection \(h\)—
\(i\) in paragraph \(1\)\(A\), by striking “or Israel” and
inserting “Israel, or Taiwan”; and
\(ii\) in paragraph \(2\), by striking “or Israel” and
inserting “Israel, or Taiwan”;
\(3\) in section 36 \(22 U.S.C. 2776\)—
\(A\) in subsection \(b\)—
\(i\) in paragraph \(1\), in the undesignated matter following
subparagraph \(P\), in the second sentence, by striking “or
New Zealand” and inserting “New Zealand, or Taiwan”;
\(ii\) in paragraph \(2\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”; and
\(iii\) in paragraph \(6\), in the matter preceding
subparagraph \(A\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”;
\(B\) in subsection \(c\)—
\(i\) in paragraph \(2\)\(A\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”; and
\(ii\) in paragraph \(5\), by striking “or New Zealand” and
inserting “New Zealand, or Taiwan”; and
\(C\) in subsection \(d\)\(2\)\(A\), by striking “or New Zealand”
and inserting “New Zealand, or Taiwan”;
\(4\) in section 62\(c\)\(1\) \(22 U.S.C. 2796a\(c\)\(1\)\), by
striking “or New Zealand” and inserting “New Zealand, or
Taiwan”; and
\(5\) in section 63\(a\)\(2\) \(22 U.S.C. 2796b\(a\)\(2\)\), in the
matter preceding subparagraph \(A\), by striking “or New
Zealand” and inserting “New Zealand, or Taiwan”.
\(b\) Report.—Not later than two years after the date of the
enactment of this Act, and every two years thereafter, the
Secretary of State shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report on the
implementation and effectiveness of the amendments made by
this section.
SEC. 12\_\_3. FEASIBILITY ASSESSMENT OF EXPEDITED LICENSING FOR
ALLIES TRANSFERRING MILITARY EQUIPMENT TO
TAIWAN.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
conduct an assessment of the feasibility of establishing an
expedited decision-making process for third party transfers
of defense articles and services from North Atlantic Treaty
Organization member countries, Japan, Australia, the Republic
of Korea, New Zealand, or Israel to Taiwan, including
transfers and re-transfers of United States-origin grant,
Foreign Military Sales, and Direct Commercial Sales end-items
not covered by an exemption under the International Traffic
in Arms Regulations under subchapter M of chapter I of title
22, Code of Federal Regulations.
\(b\) Elements.—The assessment required by subsection \(a\)
shall include an assessment of the following:
\(1\) The availability of such an expedited decision-making
process for classified and unclassified items.
\(2\) The feasibility of requiring—
\(A\) the approval, return, or denial of any licensing
application to export defense articles and services that is
related to a government-to-government agreement within 15
days after the submission of such application; and
\(B\) the completion of the review of all other licensing
requests not later than 30 days after the submission of such
application.
\(c\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
provide the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives with a briefing on the outcome of the
assessment required by subsection \(a\).
SEC. 12\_4. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to alter the
policy of the United States toward Taiwan as specified in the
Taiwan Relations Act \(22 U.S.C. 3301 et seq.\).
SEC. 12\_5. SUNSET.
This subtitle shall cease to have effect on the date that
is seven years after the date of the enactment of this Act.
SA 6366. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Taiwan Energy Security
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Taiwan Energy Security
and Anti-Embargo Act of 2026”.
SEC. 1272. PROMOTION OF UNITED STATES ENERGY EXPORTS AND
ENERGY INFRASTRUCTURE RESILIENCE FOR TAIWAN.
The Taiwan Enhanced Resilience Act \(22 U.S.C. 3351 et seq.\)
is amended by adding at the end the following:
“PART 8—PROMOTION OF UNITED STATES ENERGY EXPORTS AND ENERGY
INFRASTRUCTURE RESILIENCE FOR TAIWAN
“SEC. 5540A. DEFINITIONS.
“In this part:
“\(1\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means—
“\(A\) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, the Committee on
Energy and Natural Resources, and the Committee on Armed
Services of the Senate; and
“\(B\) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, the Committee on Natural Resources, and
the Committee on Armed Services of the House of
Representatives.
“\(2\) Asymmetric threat.—The term \`asymmetric threat'
means a threat posed by unconventional means, including a
cyberattack, sabotage, or economic coercion, designed to
undermine or disrupt the operation of critical
infrastructure.
“SEC. 5540B. PROMOTION OF UNITED STATES ENERGY EXPORTS TO
TAIWAN.
“\(a\) In General.—The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Energy,
may prioritize efforts to support and facilitate—
“\(1\) United States energy exports to Taiwan; and
“\(2\) the development of energy projects that diversify
Taiwan's energy sources.
“\(b\) Activities.—In carrying out subsection \(a\), the
Secretaries may—
“\(1\) engage with United States liquefied natural gas
producers, exporters, and infrastructure entities to identify
and address barriers to liquefied natural gas exports and
storage projects intended for the market of Taiwan;
“\(2\) facilitate coordination between United States private
sector entities, relevant governing authorities, and private
sector stakeholders in Taiwan, including to promote
investment in energy projects in Taiwan and the export of
United States technologies to Taiwan;
“\(3\) provide diplomatic and technical support for exports
of United States energy resources, technologies, and
equipment, and storage and related infrastructure for any
relevant energy projects linked to Taiwan; and
“\(4\) coordinate interagency efforts to ensure cohesive and
sustained United States support for Taiwan's energy security.
“SEC. 5540C. ENERGY INFRASTRUCTURE RESILIENCE CAPACITY
BUILDING.
“\(a\) Requirement.—Not later than 180 days after the date
of the enactment of the Taiwan Energy Security and Anti-
Embargo Act of 2026, the Secretary of State, in coordination
with the Secretary of Defense and the Secretary of Energy,
may seek to engage with appropriate officials of Taiwan for
the purpose of cooperating with the Ministry of Foreign
Affairs, the Ministry of the Interior, the Ministry of
Defense, and the head of any other applicable ministry of
Taiwan for capacity building to enhance energy infrastructure
resilience, including defensive military cybersecurity
activities.
“\(b\) Identification of Activities.—In carrying out
subsection \(a\), the Secretary of State may identify
cooperative activities—
“\(1\) to enhance cybersecurity programs to protect grid
operating systems, liquefied
natural gas and other energy storage terminals, and
supervisory control and data acquisition systems;
“\(2\) to support physical security improvements,
operational redundancy, and continuity-of-operations
planning;
“\(3\) to engage in joint training exercises and scenario-
based planning with relevant agencies in Taiwan; and
“\(4\) to support workforce development, emergency response
planning, and institutional modernization of energy sector
operators.
“\(c\) United States-Taiwan Energy Security Center.—The
Secretary of State, in coordination with the Secretary of
Energy, may establish a joint United States-Taiwan Energy
Security Center in the United States, leveraging the
expertise of institutions of higher education and private
sector entities to foster dialogue and collaboration for
academic cooperation in energy security and resilience.
“\(d\) Authorization of Assistance.—The Secretary of State,
in coordination with the Secretary of Defense and the
Secretary of Energy, may provide technical assistance to
support the activities described in subsection \(b\) or the
center described in subsection \(c\).
“\(e\) Implementation.—
“\(1\) In general.—Assistance under this section shall be
provided through the American Institute in Taiwan and in
consultation with relevant authorities in Taiwan, consistent
with the Taiwan Relations Act \(22 U.S.C. 3301 et seq.\).
“\(2\) Notification.—Any assistance provided by the
Department of State pursuant this section shall be subject to
the regular notification requirements of section 634A of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2394-1\).
“\(f\) Briefings.—Not later than 180 days after the date of
the enactment of the Taiwan Energy Security and Anti-Embargo
Act of 2026, the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Energy, shall
provide to the appropriate congressional committees a
briefing on the implementation of this section.
“SEC. 5540D. ANNUAL REPORT.
“\(a\) In General.—Not later than 180 days after the date
of the enactment of the Taiwan Energy Security and Anti-
Embargo Act of 2026, and annually thereafter for 3 years, the
Secretary of State, in coordination with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that—
“\(1\) describes actions taken under this part;
“\(2\) identifies barriers to—
“\(A\) increased United States energy resource, technology,
and equipment exports to Taiwan;
“\(B\) increased investment in Taiwan's energy sector that
would strengthen Taiwan's energy resilience;
“\(C\) energy infrastructure security cooperation; and
“\(D\) enhancing the resilience of Taiwan's energy supply
against economic coercion and supply chain disruptions, with
due consideration for national security implications;
“\(3\) evaluates the effectiveness of capacity building and
technical assistance activities carried out under section
5540C; and
“\(4\) provides recommendations to expand and diversify
Taiwan's energy sources and improve future bilateral energy
cooperation between the United States and Taiwan.
“\(b\) Form.—Each report required by subsection \(a\) shall
be submitted in unclassified form but may include a
classified annex.”.
SEC. 1273. TRAINING TO IMPROVE TAIWAN'S CRITICAL ENERGY
INFRASTRUCTURE PROTECTION.
Section 5504\(a\)\(3\) of the Taiwan Enhanced Resilience Act
\(22 U.S.C. 3353\(a\)\(3\)\) is amended by inserting after
“capabilities” the following: “and critical energy
infrastructure protection”.
SEC. 1274. SENSE OF CONGRESS REGARDING TAIWAN'S USE OF
NUCLEAR ENERGY.
It is the sense of Congress that—
\(1\) it is in the interests of both the United States and
Taiwan for Taiwan—
\(A\) to maintain nuclear power as an energy source; and
\(B\) to utilize new nuclear technologies, including Gen III+
nuclear reactors and small modular reactor technology; and
\(2\) the United States should prioritize assistance and
cooperation with Taiwan on nuclear energy to improve
technology exports and job creation in the United States and
energy security and resilience in Taiwan.
SEC. 1275. RULE OF CONSTRUCTION REGARDING CONTINUED UNITED
STATES POLICY TOWARD TAIWAN AND THE GOVERNMENT
OF THE PEOPLE'S REPUBLIC OF CHINA.
Nothing in this subtitle may be construed as a change to
the One China Policy of the United States, which is guided by
the Taiwan Relations Act \(22 U.S.C. 3301 et seq.\), the three
United States-People's Republic of China Joint Communiques,
and the Six Assurances.
SA 6367. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7\_\_. IMPROVEMENT OF MENTAL HEALTH SCREENING CONDUCTED
UNDER SEPARATION HEALTH ASSESSMENTS FOR MEMBERS
OF THE ARMED FORCES.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) in order to address the mental health challenges
following separation of members of the Armed Forces from
military service, transitioning members must receive
effective mental health screening prior to separation;
\(2\) all screens conducted for mental health for members of
the Armed Forces under the separation health assessment must
be validated screens;
\(3\) it is essential that the Department of Defense fully
implement the separation health assessment with validated
screening; and
\(4\) screening for substance use should be considered a
necessary mental health screen and included in the separation
health assessment.
\(b\) Validated Mental Health Screens.—The Joint Executive
Committee shall ensure the post-traumatic stress disorder
\(PTSD\) mental health screen, the alcohol use mental health
screen, and the violence risk mental health screen under the
separation health assessment are each modified to be a
validated tool, which may include taking steps to validate an
existing screen or replacing an existing screen with an
already validated screen.
\(c\) Inclusion of Substance Use in Mental Health Screens.—
\(1\) In general.—The Joint Executive Committee shall
incorporate screening for substance use as a mental health
screen and shall assess whether to include such screening in
the separation health assessment, including by taking such
action as the Joint Executive Committee considers
appropriate, which may include taking steps to incorporate a
validated screen.
\(2\) Report.—Not later than 120 days after the date of the
enactment of this Act, the Joint Executive Committee shall
submit to the appropriate congressional committees a report
on the justification of the Joint Executive Committee to
include or not include a substance use screen under paragraph
\(1\).
\(d\) Implementation of Separation Health Assessment.—Not
later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, under the guidance of the
Under Secretary of Defense for Personnel and Readiness, shall
fully implement the separation health assessment.
\(e\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
\(B\) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
\(2\) Joint executive committee.—The term “Joint Executive
Committee” means the Department of Veterans Affairs-
Department of Defense Joint Executive Committee established
under section 320 of title 38, United States Code.
\(3\) Separation health assessment.—The term “separation
health assessment” means the health assessment for members
of the Armed Forces separating from military service
established by the Joint Executive Committee.
SA 6368. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. TRANSFER OF CERTAIN LAND NEAR DAYTON NATIONAL
CEMETERY TO DEPARTMENT OF VETERANS AFFAIRS.
\(a\) Transfer.—Not later than 30 days after the date on
which the Montgomery County Land Bank makes an offer to
transfer to the Department of Veterans Affairs the parcel of
land described in subsection \(b\), the Secretary of Veterans
Affairs shall begin the process of entering into an agreement
with the Land Bank to carry out such transfer. Under any such
agreement—
\(1\) the Land Bank shall agree to transfer to the Department
all right, title, and interest in such parcel at no cost of
the land to the Department and for no consideration; and
\(2\) the Secretary shall agree to accept such transfer—
\(A\) in order to use such parcel as a national cemetery; and
\(B\) not later than three years after the date on which the
Land Bank offers to transfer the parcel.
\(b\) Parcel Described.—The parcel of land described in this
subsection is the approximately 58 acres of land located in
Dayton, Ohio, across from Dayton National Cemetery, bound by
the intersection of McCall
Street and South Gettysburg Avenue, the intersection of
McCall Street and Resaca Avenue, the intersection of South
Gettysburg Avenue and U.S. Route 35 of the Interstate Highway
System, and depicted on the map titled “Dayton National
Cemetery Proposed Land Transfer” and dated January 26, 2024,
and labeled on the map as “Expansion Area”.
\(c\) Rules of Construction.—Nothing in this section shall
be construed to—
\(1\) require or encourage the Secretary to acquire any
parcel other than the parcel described in subsection \(b\); or
\(2\) require or encourage the Secretary to enter into any
special agreement with an entity other than the Montgomery
County Land Bank.
\(d\) Montgomery County Land Bank Defined.—In this section,
the term “Montgomery County Land Bank” means the land bank
located at 130 W. Second Street, Suite 1425, Dayton, Ohio
45402.
SA 6369. Mr. CORNYN \(for himself and Ms. Baldwin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PROHIBITIONS RELATING TO CERTAIN VEHICLES.
\(a\) Prohibitions Relating to Certain Vehicles Produced or
Provided by Entities Based in Certain Countries.—Section
5323\(u\) of title 49, United States Code, is amended—
\(1\) by striking paragraphs \(1\) and \(2\) and inserting the
following:
“\(1\) Definitions.—In this subsection:
“\(A\) Covered entity.—The term \`covered entity'—
“\(i\) means an entity \(including a corporation,
partnership, association, organization, or other entity\)—
“\(I\) the principal place of business of which is in a
covered nation;
“\(II\) that is headquartered in, incorporated in, or
otherwise organized under the laws of a covered nation;
“\(III\) that, regardless of where the entity is organized
or doing business, is owned or controlled by a covered nation
or covered individual, including circumstances in which a
covered individual possesses the power to determine, direct,
or decide matters affecting the entity—
“\(aa\) through—
“\(AA\) the ownership of a majority of the total outstanding
voting interest in the entity;
“\(BB\) board representation;
“\(CC\) proxy voting;
“\(DD\) a special share;
“\(EE\) contractual arrangements;
“\(FF\) formal or informal arrangements to act in concert;
or
“\(GG\) other means; and
“\(bb\) regardless of whether that power is—
“\(AA\) direct; or
“\(BB\) exercised or unexercised;
“\(IV\) that is owned or controlled by a subsidiary or
affiliate of an entity described in subclause \(I\), \(II\), or
\(III\), or that is the majority owner of a joint venture with
an entity described in subclause \(I\), \(II\), or \(III\);
“\(V\) that is a manufacturer from which the procurement of
rolling stock was ever prohibited under this subsection; or
“\(VI\) that is an owner of, successor of, subsidiary of, or
affiliate of a manufacturer described in subclause \(V\), or is
the majority owner of a joint venture with such a
manufacturer; and
“\(ii\) does not include any publicly traded United States
entity or a subsidiary thereof, unless the United States
Trade Representative determines that the entity is otherwise
owned by, controlled by, or subject to the jurisdiction,
direction, or effective control of a covered nation.
“\(B\) Covered funding.—The term \`covered funding' means
any financial assistance made available under this chapter.
“\(C\) Covered individual.—The term \`covered individual'
means any individual, wherever located—
“\(i\) whose activities are directly or supervised,
directed, controlled, financed, or subsidized, in whole or in
majority part, by a covered nation;
“\(ii\) who acts as an agent, representative, or employee of
a covered nation or an individual described in clause \(i\);
“\(iii\) who acts in any other capacity at the order of, at
the request of, or under the direction or control of a
covered nation or an individual described in clause \(i\); or
“\(iv\) who—
“\(I\) is a citizen or resident of a covered nation or a
country controlled by a covered nation; and
“\(II\) is not a citizen or permanent resident of the United
States.
“\(D\) Covered nation.—The term \`covered nation' has the
meaning given the term in section 4872\(d\) of title 10.
“\(E\) Covered vehicle.—The term \`covered vehicle' means
rolling stock that—
“\(i\) is produced or provided by a covered entity included
on the list developed under paragraph \(2\)\(B\); or
“\(ii\) incorporates an electric power train produced or
provided by a covered entity included on the list developed
under paragraph \(2\)\(B\).
“\(F\) Electric power train.—The term \`electric power
train' has the meaning given the term in section 571.305 of
title 49, Code of Federal Regulations \(as in effect on the
date of enactment of this subparagraph\).
“\(G\) Publicly traded united states entity.—The term
\`publicly traded United States entity' means any entity
that—
“\(i\) is organized or incorporated under the laws of the
United States or any State thereof; and
“\(ii\) has a class of securities listed for trading on a
national securities exchange registered under section 6 of
the Securities Exchange Act of 1934 \(15 U.S.C. 78f\) or
otherwise traded on a market regulated or recognized by the
Securities and Exchange Commission.
“\(2\) Prohibition.—
“\(A\) In general.—Subject to subparagraph \(C\), on and
after the date of enactment of this subparagraph, the
Secretary may not award or obligate covered funding—
“\(i\) for a contract or subcontract for the procurement of
a covered vehicle; or
“\(ii\) for the construction, installation, or maintenance
of infrastructure to fuel or charge a covered vehicle that is
a bus, if the applicable covered vehicle is procured under a
contract or subcontract executed on or after the date of
enactment of this subparagraph.
“\(B\) List of covered entities.—
“\(i\) In general.—Not later than 30 days after the date of
enactment of this subparagraph, the United States Trade
Representative, in consultation with the Attorney General and
the Secretary, shall make publicly available, including on a
publicly accessible website, a list of covered entities that
produce or provide—
“\(I\) rolling stock to which the prohibition under
subparagraph \(A\) applies; or
“\(II\) electric power trains the incorporation of which
into rolling stock would render the rolling stock subject to
the prohibition under subparagraph \(A\).
“\(ii\) Updates.—The United States Trade Representative
shall update the list required under clause \(i\)—
“\(I\) based on information provided to the United States
Trade Representative by the Attorney General and the
Secretary; and
“\(II\) not less frequently than—
“\(aa\) once every 90 days during the 180-day period
beginning on the date of initial publication of the list
under that clause; and
“\(bb\) annually thereafter.
“\(C\) Exception.—Notwithstanding subparagraph \(A\), the
Secretary may procure a covered vehicle or construct,
install, or maintain infrastructure to fuel or charge a
covered vehicle for purposes of—
“\(i\) the inspection or investigation of a motor vehicle or
equipment; or
“\(ii\) motor vehicle safety research, development, or
testing.”;
\(2\) in paragraph \(4\), by striking “paragraph \(1\)” each
place that term appears and inserting “paragraph \(2\)”;
\(3\) in paragraph \(5\)—
\(A\) in subparagraph \(A\)—
\(i\) by striking “This subsection, including the” and
inserting “The”;
\(ii\) by striking the comma after “\(4\)”;
\(iii\) by inserting “that does not utilize covered funds”
after “subcontract”;
\(iv\) by striking “rail rolling stock manufacturer
described in paragraph \(1\)” and inserting “covered
entity”;
\(v\) by striking “the manufacturer” and inserting “the
covered entity”; and
\(vi\) by striking “date of enactment of this subsection”
and inserting “date of enactment of this subparagraph”;
\(B\) by striking subparagraph \(B\) and inserting the
following:
“\(B\) Contract completion.—Notwithstanding paragraph \(2\),
covered funds may be obligated for a contract or subcontract
that was eligible for assistance under this chapter under the
provisions of this subsection prior to the date of enactment
of this subparagraph until the delivery of rolling stock is
complete under such contract.”; and
\(C\) by striking subparagraph \(C\); and
\(4\) by adding at the end the following:
“\(6\) Severability.—If any provision of this subsection,
or the application of this subsection to any person or
circumstance, is held to be unconstitutional or otherwise
invalid, the remainder of this subsection, and the
application of the provision to any other person or
circumstance, shall not be affected.”.
\(b\) Prohibitions Relating to Additional Vehicles Produced
or Provided by Entities Based in Certain Countries.—
\(1\) Definitions.—In this subsection:
\(A\) Covered entity; covered individual; covered nation;
covered vehicle; electric power train.—The terms “covered
entity”; “covered individual”, “covered nation”,
“covered vehicle”, and “electric power train” have the
meanings given those terms in section 5323\(u\)\(1\) of title 49,
United States Code, as added by subsection \(a\).
\(B\) Covered funding.—The term “covered funding” means
any appropriations made available to the Department, other
than funds made available under chapter 53 of title 49,
United States Code.
\(C\) Department.—The term “Department” means the
Department of Transportation.
\(D\) Secretary.—The term “Secretary” means the Secretary
of Transportation.
\(2\) Prohibition.—
\(A\) In general.—Subject to subparagraph \(C\), the
Department may not award, obligate, allocate, or expend
covered funding—
\(i\) for the procurement of a covered vehicle by the
Department or any other agency or person; or
\(ii\) for the construction, installation, or maintenance of
infrastructure to fuel or charge a covered vehicle that is a
bus, if the applicable covered vehicle is procured under a
contract or subcontract executed on or after the date of
enactment of this Act.
\(B\) List of covered entities.—
\(i\) In general.—Not later than 30 days after the date of
enactment of this Act, the United States Trade
Representative, in consultation with the Attorney General and
the Secretary, shall make publicly available, including on a
publicly accessible website, a list of covered entities that
produce or provide—
\(I\) covered vehicles to which the prohibition under
subparagraph \(A\) applies; or
\(II\) electric power trains the incorporation of which into
a covered vehicle would render the covered vehicle subject to
the prohibition under that paragraph.
\(ii\) Updates.—The United States Trade Representative shall
update the list required under clause \(i\)—
\(I\) based on information provided to the United States
Trade Representative by the Attorney General and the
Secretary; and
\(II\) not less frequently than—
\(aa\) once every 90 days during the 180-day period beginning
on the date of initial publication of the list under that
subparagraph; and
\(bb\) annually thereafter.
\(C\) Exception.—Notwithstanding subparagraph \(A\), the
Department may procure a covered vehicle or construct,
install, or maintain infrastructure to fuel or charge a
covered vehicle for purposes of—
\(i\) the inspection or investigation of a motor vehicle or
equipment; or
\(ii\) motor vehicle safety research, development, or
testing.
\(3\) Severability.—If any provision of this subsection, or
the application of this subsection to any person or
circumstance, is held to be unconstitutional or otherwise
invalid, the remainder of this subsection, and the
application of the provision to any other person or
circumstance, shall not be affected.
SA 6370. Mr. CORNYN \(for himself, Mr. Warner, and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. REPORT ON CRITICAL MINERAL AND RARE EARTH ELEMENT
RESOURCES.
\(a\) Definitions.—In this section:
\(1\) Covered nation.—The term “covered nation” has the
meaning given the term in section 4872\(f\) of title 10, United
States Code.
\(2\) Critical mineral.—The term “critical mineral” has
the meaning given the term in section 7002\(a\) of the Energy
Act of 2020 \(30 U.S.C. 1606\(a\)\).
\(3\) Foreign entity of concern.—The term “foreign entity
of concern” has the meaning given the term in section
40207\(a\) of the Infrastructure Investment and Jobs Act \(42
U.S.C. 18741\(a\)\).
\(4\) Rare earth elements.—The term “rare earth elements”
means cerium, dysprosium, erbium, europium, gadolinium,
holmium, lanthanum, lutetium, neodymium, praseodymium,
promethium, samarium, scandium, terbium, thulium, ytterbium,
and yttrium.
\(5\) Secretary.—The term “Secretary” means the Secretary
of the Interior
\(6\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
\(b\) Report on Critical Mineral and Rare Earth Element
Resources.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Energy and the heads of other relevant
Federal agencies, shall submit to Congress a report on all
critical mineral and rare earth element resources \(including
recyclable or recycled materials containing those resources\)
around the world that includes—
\(A\) an assessment of—
\(i\) which of those resources are under the control of a
foreign entity of concern, including through ownership,
contract, or economic or political influence;
\(ii\) which of those resources are owned by, controlled by,
or subject to the jurisdiction or direction of the United
States or a country that is an ally or partner of the United
States;
\(iii\) which of those resources are not owned by, controlled
by, or subject to the jurisdiction or direction of a foreign
entity of concern or a country described in clause \(ii\); and
\(iv\) in the case of those resources not undergoing
commercial mining, the reasons for the lack of commercial
mining;
\(B\) for each mine from which significant quantities of
critical minerals or rare earth elements are being extracted,
as of the date that is 1 year before the date of the report—
\(i\) an estimate of the annual volume of output of the mine
as of that date;
\(ii\) an estimate of the total volume of mineral or elements
that remain in the mine as of that date;
\(iii\)\(I\) an identification of the country and entity
operating the mine; or
\(II\) if the mine is operated by more than 1 country or
entity, an estimate of the output of each mineral or element
from the mine to which each such country or entity has
access; and
\(iv\) an identification of the ultimate beneficial owners of
the mine and the percentage of ownership held by each such
owner;
\(C\) for each mine not described in subparagraph \(B\), to the
extent practicable—
\(i\) an estimate of the aggregate annual volume of output of
the mines as of the date that is 1 year before the date of
the report;
\(ii\) an estimate of the aggregate total volume of mineral
or elements that remain in the mines as of that date; and
\(iii\) an estimate of the aggregate total output of each
mineral or element from the mine to which a foreign entity of
concern has access;
\(D\)\(i\) a list of key foreign entities of concern involved
in mining critical minerals and rare earth elements;
\(ii\) a list of key entities in the United States and
countries that are allies or partners of the United States
involved in mining critical minerals and rare earth elements;
and
\(iii\) an assessment of the technical feasibility of
entities listed under clauses \(i\) and \(ii\) mining and
processing resources identified under subparagraph \(A\)\(iii\)
using existing advanced technology;
\(E\) an assessment, prepared in consultation with the
Secretary of State, of ways to collaborate with countries in
which mines, mineral processing operations, or recycling
operations \(or any combination thereof\) are located that are
operated by other countries, or are operated by entities from
other countries, to ensure ongoing access by the United
States and countries that are allies and partners of the
United States to those mines and processing or recycling
operations;
\(F\) a list, prepared in consultation with the Secretary of
Commerce, identifying, to the maximum extent practicable,
based on publicly available and government-sourced
information, strategically significant cases in which
entities were forced to divest stock in mining, processing,
or recycling operations \(or any combination thereof\) for
critical minerals and rare earth elements based on—
\(i\) regulatory rulings of the government of a covered
nation;
\(ii\) joint regulatory rulings of the government of a
covered nation and the government of another country; or
\(iii\) rulings of a relevant tribunal or other entity
authorized to render binding decisions on divestiture;
\(G\) a list of strategically significant cases in which the
government of a covered nation purchased an entity that was
forced to divest stock as described in subparagraph \(F\);
\(H\) a list of strategically significant cases in which
mining, processing, or recycling operations \(or any
combination thereof\) for critical minerals and rare earth
elements that were not subject to a ruling described in
subparagraph \(F\) were taken over by—
\(i\) the government of a covered nation; or
\(ii\) an entity located in, or influenced or controlled by,
the government of a covered nation; and
\(I\) an assessment of any significant data gaps or
uncertainties in the information required under subparagraphs
\(F\) through \(H\).
\(2\) Form of report.—The report required by paragraph \(1\)
shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SA 6371. Mr. CORNYN \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Scam Compound Accountability and Mobilization
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Scam Compound
Accountability and Mobilization Act”.
SEC. 1272. FINDINGS.
Congress finds the following:
\(1\) Transnational cyber-enabled fraud, particularly such
fraud that is perpetrated from scam compounds in Southeast
Asia, is a growing threat to citizens of the United States,
national security, and global economic interests.
\(2\) The Federal Bureau of Investigation reported
$17,697,074,980 in losses in the United States due to cyber-
enabled fraud during
2025, including schemes commonly perpetrated by significant
transnational criminal organizations that are operating scam
compounds.
\(3\) Annual global losses due to cyber-enabled fraud are
estimated at between $40,000,000,000 and $65,000,000,000, but
the actual amount is likely higher since many instances are
not reported.
\(4\) Significant transnational criminal organizations
responsible for a large proportion of these scam compounds—
\(A\) are affiliated with the People's Republic of China;
\(B\) are actively spreading propaganda on behalf of the
People's Republic of China;
\(C\) are promoting unification with Taiwan; and
\(D\) have brokered projects for the Belt and Road
Initiative.
\(5\) Significant transnational criminal organizations have
lured hundreds of thousands of human trafficking victims from
an estimated 80 countries to scam compounds, which are
located primarily in Burma, Cambodia, and Laos, for purposes
of forced criminality.
\(6\) Significant transnational criminal organizations are
expanding scam compounds internationally, including in
Africa, the Middle East, South Asia, and the Pacific Islands.
\(7\) Money laundering, human trafficking, and recruitment
fraud related to such scam compounds have occurred in
Southeast Asia, Europe, North America, and South America.
SEC. 1273. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) the United States should redouble efforts to hold the
perpetrators and enablers of scam compound operations
accountable, including those involved in related money
laundering, human trafficking, and recruitment fraud, by
employing effective tools, such as targeted financial
sanctions, visa restrictions, asset seizures, and forfeiture;
\(2\) to enhance effective international cooperation and
responses against cyber-enabled fraud originating from scam
compounds internationally, the United States Government
should work with partner governments, multilateral
institutions, civil society experts, and private sector
stakeholders to improve information sharing, strengthen
preventative measures, raise public awareness, and increase
coordination on law enforcement investigations and regulatory
actions; and
\(3\) victims and survivors of human trafficking, including
for the purpose of forced criminality, require victim-
centered and trauma-informed protection and support to ensure
they are not inappropriately prosecuted, penalized, or
otherwise punished solely for unlawful acts committed as a
direct result of being trafficked, consistent with section
102\(b\)\(19\) of the Trafficking Victims Protection Act of 2000
\(22 U.S.C. 7101\(b\)\(19\)\).
SEC. 1274. STATEMENT OF POLICY.
It shall be the policy of the United States—
\(1\) to comprehensively combat the significant transnational
criminal organizations operating scam compounds and
exploiting workers, including through human trafficking and
forced criminality, to perpetrate large-scale online scams
against the people of the United States; and
\(2\) to bolster international law enforcement cooperation
with nations in Southeast Asia and in other regions where
scam compounds and associated financial and operational
infrastructures are located to combat transnational crime,
including scam compounds, human trafficking, narcotics
trafficking, and money laundering.
SEC. 1275. DEFINITIONS.
\(a\) In General.—In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on the Judiciary of the Senate;
\(C\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(D\) the Select Committee on Intelligence of the Senate;
\(E\) the Committee on Foreign Affairs of the House of
Representatives;
\(F\) the Committee on the Judiciary of the House of
Representatives;
\(G\) the Committee on Financial Services of the House of
Representatives; and
\(H\) the Permanent Select Committee on Intelligence of the
House of Representatives.
\(2\) Cyber-enabled fraud.—The term “cyber-enabled fraud”
means the use of the internet or other technology to commit
fraudulent activity, including illicitly obtaining money,
property, data, identification documents, or authentication
features, or creating counterfeit goods or services.
\(3\) Enabling country.—The term “enabling country” means
a country where—
\(A\) government authorities actively or implicitly permit,
enable, or perpetuate scam compound operations; or
\(B\) ineffective law enforcement or a failure to enact
legislation intended to prevent facilitating services from
reaching scam compounds or significant transnational criminal
organizations enables scam compound operators to obtain
facilitating services.
\(4\) Forced criminality.—The term “forced criminality”
means a form of forced labor for the purpose of causing the
victim to engage in criminal activity, which may include
cyber-enabled fraud.
\(5\) Forced labor.—The term “forced labor” has the
meaning given the term severe forms of trafficking in persons
in section 103\(11\)\(B\) of the Trafficking Victims Protection
Act of 2000 \(22 U.S.C. 7102\(11\)\(B\)\).
\(6\) Relevant foreign assistance programs and diplomatic
efforts.—The term “relevant foreign assistance programs and
diplomatic efforts”—
\(A\) means unclassified voluntary support programs funded
directly by the United States Government that provide
assistance to one or more foreign countries for the purpose
of combating scam compound operations and related significant
transnational criminal organizations; and
\(B\) excludes intelligence activities, including activities
authorized by the President and reported to Congress in
accordance with section 503 of the National Security Act of
1947 \(50 U.S.C. 3093\).
\(7\) Human trafficking.—The term “human trafficking” has
the meaning given the term severe forms of trafficking in
persons in section 103\(11\) of the Trafficking Victims
Protection Act of 2000 \(22 U.S.C. 7102\(11\)\).
\(8\) Human trafficking victim.—The terms “human
trafficking victim” and “victim of human trafficking” mean
a person subject to an act or practice described in section
103\(11\) of the Trafficking Victims Protection Act of 2000 \(22
U.S.C. 7102\(11\)\).
\(9\) Impacted country.—The term “impacted country” means
a country that is a significant—
\(A\) transit location for victims of human trafficking to
scam compounds;
\(B\) source location for victims of human trafficking for
scam compounds; or
\(C\) target of cyber-enabled fraud originating from scam
compounds internationally.
\(10\) Scam compound.—The term “scam compound” means a
physical installation where a significant transnational
criminal organization carries out cyber-enabled fraud
operations, often using victims of human trafficking and
forced criminality.
\(11\) Significant transnational criminal organization.—The
term “significant transnational criminal organization”
means a group of persons that—
\(A\) includes one or more foreign person;
\(B\) engages in or facilitates an ongoing pattern of serious
criminal activity involving the jurisdictions of at least two
foreign states or one foreign state and the United States;
and
\(C\) threatens the national security, foreign policy, or
economy of the United States.
\(12\) Strategy.—The term “Strategy” means the strategy to
counter scam compounds and hold significant transnational
criminal organizations and human traffickers accountable
described in section 1276.
\(b\) Rule of Construction.—The definitions under this
section are exclusive to this subtitle and may not be
construed to affect any other provision of United States law.
SEC. 1276. STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
SIGNIFICANT TRANSNATIONAL CRIMINAL
ORGANIZATIONS AND HUMAN TRAFFICKERS
ACCOUNTABLE.
\(a\) In General.—Not later than 180 days after the date of
enactment of this Act, the Secretary of State, in
consultation with the Attorney General, the Secretary of the
Treasury, and the heads of other Federal departments and
agencies as appropriate, shall submit to the appropriate
congressional committees a comprehensive strategy, with a
classified annex if necessary, that—
\(1\) is designed—
\(A\) to shut down scam compounds and prevent their further
proliferation;
\(B\) to disrupt and dismantle—
\(i\) significant transnational criminal organizations and
human traffickers involved in operating scam compounds; and
\(ii\) the financial, operational, and technological
infrastructure that enables such criminal enterprises to
execute their scams and crimes; and
\(C\) to hold accountable corrupt officials and non-state
actors enabling scam compounds;
\(2\) is global in scope; and
\(3\) may prioritize efforts focused on Southeast Asian
countries where scam compound operations are most prevalent.
\(b\) Objectives.—The Strategy shall provide for and
incorporate the following objectives:
\(1\) Reducing the ability of significant transnational
criminal organizations to operate scam compounds in Southeast
Asia and wherever else they may propagate.
\(2\) Building the capacity, including that of digital
forensics, anti-money laundering, anti-corruption, and border
patrol, of trusted foreign law enforcement partners to
degrade, disrupt, and shut down scam compounds and prevent
their proliferation.
\(3\) Supporting survivors of human trafficking and forced
criminality under the direction of the Ambassador-at-Large to
Monitor and Combat Trafficking in Persons.
\(4\) Preventing recruitment fraud and human trafficking in
scam compounds, including by—
\(A\) engaging private sector entities operating internet
platforms or other services that could be abused or exploited
to perpetrate recruitment fraud, human trafficking or cyber-
enabled fraud;
\(B\) raising awareness among at-risk populations to identify
common recruitment fraud strategies and improve due diligence
and self-protection measures;
\(C\) urging governments to monitor and enforce laws against
fraudulent and unlawful recruitment practices; and
\(D\) sharing information and building capacity among foreign
counterparts, including law enforcement and border officials,
to identify potential human trafficking victims.
\(5\) Advocating for the thorough review of countries
implicated in scam compound operations at the Financial
Action Task Force \(FATF\) or FATF-style regional bodies.
\(6\) Examining existing authorities and procedures of the
United States Government for assisting defrauded United
States persons in recovering and returning their stolen
assets.
\(7\) Using sanctions, visa restrictions, and other
accountability measures, in coordination with allies and
partners to the greatest extent possible, against enabling
countries, significant transnational criminal organizations,
human traffickers, and related third-party facilitators of
scam compound operations.
\(8\) Investigating and highlighting the People's Republic of
China's involvement in the origin and perpetuation of scam
compounds, including through links between Chinese Communist
Party officials and criminal organizations, deepening
regional security influence, and selective crackdowns that
incentivize the targeting of Americans.
\(9\) Investigating the Burmese military's involvement in
allowing, neglecting, and profiting from scam compounds in
Burma, and the importance of resolving the instability and
violence in Burma to stop the unfettered operation of scam
compounds in Burma.
\(10\) Harnessing offensive cyber capabilities to degrade
scam compound operations.
\(11\) Integrating data collection, analysis, and response
mechanisms across Federal, State, and local agencies,
including by assessing if any existing relevant Fusion
Centers could be leveraged to combat the operations of scam
compounds.
\(12\) Convening like-minded foreign allies and partners to
combat scam compounds, including by establishing similar task
forces or working groups, compiling and sharing data, and
collaborating regarding the indictment of key actors and
enablers.
\(c\) Contents.—The Strategy shall—
\(1\) include a comprehensive problem statement identifying
the structural vulnerabilities exploited by significant
transnational criminal organizations operating scam
compounds;
\(2\) develop a comprehensive list of enabling countries and
impacted countries;
\(3\) identify all active executive branch relevant foreign
assistance programs and diplomatic efforts underway to
address scam compounds, significant transnational criminal
organizations connected to scam compounds, and related money
laundering, human trafficking and forced criminality,
including efforts with enabling countries and impacted
countries;
\(4\) identify relevant foreign assistance resources needed
to fully implement the Strategy and any obstacles to the
response of the Federal Government to scam compounds,
including coordination with partner governments, to address
the human trafficking, including forced criminality, and
money laundering that facilitates and sustains scam compound
operations; and
\(5\) include indicators that measure the success of the
Strategy, including achieving the objectives described in
subsection \(b\), which may include the number of persons
sanctioned, the number of arrest warrants or indictments
issued, the number of arrests made, the amount of United
States losses mitigated, the number of victims of trafficking
in persons identified and protected, and the reduction in the
number of active scam compounds, in comparison to the
previous year.
\(d\) Limitation.—Nothing in the Strategy may affect, apply
to, or create obligations related to past, present, or future
criminal or civil law enforcement or intelligence activities
of the United States or the law enforcement activities of any
State or subdivision of a State.
SEC. 1277. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
\(a\) In General.—Not later than 90 days after submitting
the Strategy pursuant to section 1276\(a\), the Secretary of
State, in consultation with the Attorney General, the
Secretary of the Treasury, and the heads of other Federal
departments and agencies, shall establish or designate an
interagency task force \(referred to in this section as the
“Task Force”\)—
\(1\) to coordinate the implementation of the Strategy;
\(2\) to conduct regular monitoring and analysis of scam
compound operations internationally; and
\(3\) to track and evaluate progress toward the objectives,
activities, and performance indicators of the Strategy.
\(b\) Information Sharing.—To ensure proper coordination and
effective interagency action, each Federal department or
agency represented on the Task Force shall fully share—
\(1\) all relevant data with the Task Force; and
\(2\) all information regarding the department's or agency's
plans, before and after final agency decisions are made, on
all matters relating to actions regarding combating scam
compounds.
\(c\) Consultation.—The Task Force, or representatives of
the Task Force, should—
\(1\) consult with State and local law enforcement entities
and stakeholder organizations in the United States that have
firsthand expertise in reporting and combating cyber-enabled
fraud and recovering stolen assets;
\(2\) consult regularly with nongovernmental organizations in
the United States with expertise in countering trafficking in
persons or anti-corruption, as appropriate;
\(3\) develop partnerships with relevant private sector
actors for the purpose of better disrupting the enabling
infrastructure of scam compounds, operations, and syndicates;
and
\(4\) engage civil society organizations to better understand
the complexity of the scam compound problem in each country
and the broader economic, political, and governance
challenges that are exacerbating the problem.
\(d\) Congressional Consultation.—The Task Force shall
consult regularly with the appropriate congressional
committees on its efforts to implement the Strategy,
including potential updates to the strategy.
\(e\) Annual Reviews and Reports.—Not later than 1 year
after the establishment of the Task Force, and not less
frequently than annually thereafter, the Task Force shall—
\(1\) conduct a status review of the Strategy and the overall
state of scam compounds operated by significant transnational
criminal organizations that includes—
\(A\) a list of enabling countries and impacted countries;
\(B\) an estimate of the amount of money that has been stolen
from United States nationals through scams emanating from
scam compounds;
\(C\) an estimate of the amount of the stolen money described
in subparagraph \(B\) that was intercepted, seized, or returned
as a result of United States Government action;
\(D\) an analysis of the role that human trafficking plays in
scam compounds around the world;
\(E\) a list of known scam compounds operating across
Southeast Asia; and
\(F\) a description of if, where, and how scam compounds and
operations have proliferated outside of Southeast Asia across
other regions of the world; and
\(2\) submit the results of such review in a public report to
the appropriate congressional committees, which may contain a
classified annex.
\(f\) Task Force Termination.—The Task Force shall terminate
on the date that is 6 years after the date on which the Task
Force is established.
SEC. 1278. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD SIGNIFICANT TRANSNATIONAL CRIMINAL
ORGANIZATIONS ACCOUNTABLE.
\(a\) Imposition of Sanctions With Respect to Significant
Actors in Scam Compound Operations.—Beginning on the date
that is 180 days after the date of the enactment of this Act,
the President may impose the sanctions described in
subsection \(b\) with respect to any foreign person the
President determines—
\(1\) has materially assisted in, or provided significant
financial or technological support to, or provided
significant goods or services in support of, the activities
of international scam compounds or enabling services,
including recruitment fraud, human trafficking \(including
forced criminality\), cyber-enabled fraud, or money-
laundering; or
\(2\) owned, controlled, directed, or acted for, or on behalf
of, a significant scam compound operation or enabling
service, including recruitment fraud, human trafficking
\(including forced criminality\), cyber-enabled fraud, or
money-laundering.
\(b\) Sanctions Described.—
\(1\) Asset blocking.—The President may exercise all powers
granted to the President under the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection \(a\), including, to the extent
appropriate, the vessel of which the person is the beneficial
owner, if such property or interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
\(2\) Visas, admission, or parole.—
\(A\) In general.—An alien described in subsection \(a\) is—
\(i\) inadmissible to the United States;
\(ii\) ineligible for a visa or other documentation to enter
the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—An alien described in subsection \(a\) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
\(c\) Exceptions.—
\(1\) Exception to comply with international obligations.—
Sanctions described in subsection \(b\)\(2\) shall not apply with
respect to the admission of an alien if admitting or paroling
such alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
\(2\) Exceptions for human trafficking victims.—Sanctions
described in subsection \(b\) shall not apply with respect to a
person determined by the President to be a victim of
trafficking in persons within a scam compound, consistent
with section 102\(b\)\(19\) of the Trafficking Victims Protection
Act of 2000 \(22 U.S.C. 7101\(b\)\(19\)\).
\(d\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—The penalties set forth in subsections \(b\)
and \(c\) of section 206 of the International Emergency
Economic Powers Act \(50 U.S.C. 1705\) shall apply to any
person who violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206\(a\) of such Act \(50 U.S.C. 1705\(a\)\).
\(e\) Intelligence and Law Enforcement Activities.—Sanctions
authorized under this section shall not apply with respect
to—
\(1\) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 \(50 U.S.C.
3091 et seq.\); or
\(2\) any authorized intelligence or law enforcement
activities of the United States.
\(f\) Semiannual Report.—Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter for 7 years, the President shall submit a report
to the appropriate congressional committees that identifies—
\(1\) all foreign persons the President has sanctioned
pursuant to this section; and
\(2\) the dates on which such sanctions were imposed.
\(g\) Form.—The report required under subsection \(f\) shall
be submitted in an unclassified form, but may include a
classified annex.
\(h\) Exception Relating to Importation of Goods.—
\(1\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property
pursuant to subsection \(b\) shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
\(2\) Defined term.—In this subsection, the term “good”
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
\(i\) Waiver.—
\(1\) In general.—The President may waive the application of
sanctions under this section with respect to a foreign person
or a foreign financial institution if the President
determines that such waiver is in the national interest of
the United States.
\(2\) Report.—Not later than 15 days before granting a
waiver pursuant to paragraph \(1\), the President shall submit
a report to the appropriate congressional committees that
includes—
\(A\) the name of the individual or institution that is
benefitting from such waiver; and
\(B\) if the beneficiary is an individual, a detailed
justification explaining how the waiver serves the national
security interests of the United States.
\(3\) Form.—The report required under paragraph \(2\) shall be
submitted in an unclassified form, but may include a
classified annex.
SEC. 1279. REDRESS TO VICTIMS OF INTERNATIONAL SCAM COMPOUND
OPERATIONS.
\(a\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretary of State, the Secretary of the Treasury,
and the heads of other appropriate Federal departments and
agencies, shall submit to the appropriate congressional
committees a report containing an assessment of existing
forfeiture law that—
\(1\) outlines challenges or limitations to providing
financial redress to victims of international scam compound
operations;
\(2\) offers recommendations to amend existing forfeiture law
to enable the Department of Justice to use assets forfeited
as a result of law enforcement activities targeting
international scam compound operations to provide financial
redress to United States citizen victims of scam operations;
and
\(3\) offers recommendations for the administration of such a
redress mechanism.
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in an unclassified form.
SEC. 1280. SATELLITE IMAGERY ACCESS TO MONITOR HUMAN RIGHTS
ABUSES RELATED TO SCAM COMPOUNDS TO DISCOVER
THE PRESENCE OF HUMAN TRAFFICKING.
\(a\) Access to Satellite Imagery.—The Secretary of State is
authorized to provide nongovernmental organizations,
nonprofit organizations, and intergovernmental entities
access to current and archival high-resolution satellite
imagery to help advance efforts to combat scam compounds,
forced criminality, and human trafficking, including
monitoring and documenting observable activities at scam
compounds in Southeast Asia, which may be associated with
human trafficking, such as forced labor or forced
criminality.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees that
includes—
\(1\) any terms and conditions applicable with respect to the
access authorized under subsection \(a\); and
\(2\) a list of each organization or entity that has been
provided access pursuant to subsection \(a\).
\(c\) Form.—The report required under subsection \(b\) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 1280A. SUNSET.
This subtitle shall cease to be effective beginning on the
date that is 7 years after the date of the enactment of this
Act.
SA 6372. Mr. CORNYN \(for himself, Mr. Coons, and Ms. Cortez Masto\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. CONDITIONAL TERMINATION OF THE UNITED STATES-
PEOPLE'S REPUBLIC OF CHINA INCOME TAX
CONVENTION.
\(a\) In General.—The Secretary of the Treasury shall
provide written notice to the People's Republic of China
through diplomatic channels of the United States' intent to
terminate the United States-The People's Republic of China
Income Tax Convention, done at Beijing April 30, 1984, and
entered into force January 1, 1987, as provided by Article 28
of the Convention, not later than 30 days after the President
notifies the Secretary of the Treasury that the People's
Liberation Army has initiated an armed attack against the
Republic of China \(commonly known as “Taiwan”\).
\(b\) Congressional Notification.—The President shall submit
written notification of a termination described in subsection
\(a\) to—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Finance of the Senate.
SA 6373. Mr. COTTON \(for himself and Mr. Warner\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION \_\_—INTELLIGENCE AUTHORIZATION
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
\(a\) Short Title.—This division may be cited as the
“Intelligence Authorization Act for Fiscal Year 2027”.
\(b\) Table of Contents.—The table of contents for this
division is as follows:
DIVISION \_\_—INTELLIGENCE AUTHORIZATION
- Sec. 1. Short title; table of contents.
- Sec. 2. Definitions.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—MATTERS RELATING TO THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
Sec. 301. Appointment of Deputy Director of National Intelligence and
Assistant Directors of National Intelligence. Sec. 302. Repeal of National Intelligence Management Council. Sec. 303. Repeal of various positions, units, centers, councils, and
offices. Sec. 304. Transfer of National Intelligence University. Sec. 305. Limitation on domestic activities at the National
Counterterrorism Center. Sec. 306. Timely provision of security direction to intelligence
community whistleblowers. Sec. 307. No police, subpoena, or law enforcement powers or internal
security functions for Director of National Intelligence.
TITLE IV—MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
Sec. 401. Extension of Central Intelligence Agency authority regarding
unmanned aircraft systems. Sec. 402. Modification relating to security personnel at certain
installations.
TITLE V—MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Sec. 501. Authority of National Security Agency to correlate, evaluate,
and disseminate certain intelligence. Sec. 502. Prohibition on availability of funds for relocation of Office
of Intelligence and Analysis to certain facilities. Sec. 503. Funds for foreign intelligence activities conducted with and
by the National Reconnaissance Office. Sec. 504. Modification of annual report on Federal Bureau of
Investigation case data. Sec. 505. Establishment of Office of Counterintelligence. Sec. 506. Role of National Security Agency in collection and analysis
of signals intelligence.
TITLE VI—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 601. Amendments to presidential appointments for intelligence
community positions. Sec. 602. Analytic standards for all-source intelligence products. Sec. 603. Ben Sasse Intelligence Community Technology Fellowship
Program. Sec. 604. Countering hostile foreign cyber actors as a national
intelligence priority. Sec. 605. Notification of criminal referrals regarding current or
former intelligence community employees. Sec. 606. Modification of definitions in National Security Act of 1947
and scope of intelligence sharing responsibilities of
Director of National Intelligence. Sec. 607. Prohibition on intelligence community use of adversary
unmanned ground vehicles. Sec. 608. China-Taiwan Strategic Warning Task Force. Sec. 609. Limitations relating to Chinese products and services. Sec. 610. Limitation on intelligence community support for offensive
cyber operations conducted by nongovernmental entities. Sec. 611. Biological intelligence activities of the intelligence
community. Sec. 612. Prohibition on participation in prediction markets. Sec. 613. Repeal of certain report and briefing requirements. Sec. 614. Intelligence community personnel travel, allowances, and
related expenses regulations. Sec. 615. Prohibition on sending and receiving objects using entities
owned or controlled by persons or governments of certain
countries. Sec. 616. Enhancing intelligence cooperation in the Indo-Pacific
region. Sec. 617. Intelligence activities related to Ukraine. Sec. 618. Requirements relating to intelligence sharing with countries
- of significant concern to the United States.
- Sec. 619. United States-Israel intelligence sharing enhancement.
TITLE VII—ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE
COMMUNITY
Sec. 701. Artificial intelligence exploitation guard and intelligence
sharing. Sec. 702. Director of National Intelligence review of intelligence
community use of artificial intelligence to support
targeting. Sec. 703. Improvements for artificial intelligence policies, standards,
and guidance for intelligence community. Sec. 704. Additional functions and requirements of Artificial
Intelligence Security Center. Sec. 705. Reports on novel uses of artificial intelligence technology. Sec. 706. Clear labeling of artificial intelligence outputs for
targeting workflows. Sec. 707. Research on use of artificial intelligence relating to
inadvertent escalation. Sec. 708. Research on interaction of adversarial artificial
intelligence systems with intelligence community systems. Sec. 709. Proliferation assessments regarding artificial intelligence
technology. Sec. 710. Review of artificial intelligence security vulnerabilities
under Vulnerabilities Equities Process. Sec. 711. Prohibition on certain artificial intelligence models on
intelligence community systems.
TITLE VIII—OTHER MATTERS
Sec. 801. Modification to notification requirements for authorized and
ordered departures. Sec. 802. Identification of reallocable frequencies. Sec. 803. Intelligence support to the U.S. International Development
Finance Corporation. Sec. 804. Establishing processes and procedures for protecting Federal
Reserve information. Sec. 805. Offenses involving espionage. Sec. 806. Parental bereavement leave. Sec. 807. Definition of foreign instrumentality for purposes of
- economic espionage prohibition.
- Sec. 808. Protection of trade secrets.
- Sec. 809. Technical amendments.
SEC. 2. DEFINITIONS.
In this division:
\(1\) Congressional intelligence committees.—The term
“congressional intelligence committees” has the meaning
given such term in section 3 of the National Security Act of
1947 \(50 U.S.C. 3003\).
\(2\) Intelligence community.—The term “intelligence
community” has the meaning given such term in such section.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2027 for the conduct of the intelligence and
intelligence-related activities of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
\(a\) Specifications of Amounts.—The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the Federal Government are those
specified in the classified Schedule of Authorizations
prepared to accompany this division.
\(b\) Availability of Classified Schedule of
Authorizations.—
\(1\) Availability.—The classified Schedule of
Authorizations referred to in subsection \(a\) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
\(2\) Distribution by the president.—Subject to paragraph
\(3\), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection \(a\), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
\(3\) Limits on disclosure.—The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except—
\(A\) as provided in section 601\(a\) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 \(50 U.S.C.
3306\(a\)\);
\(B\) to the extent necessary to implement the budget; or
\(C\) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
\(a\) Authorization of Appropriations.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2027 the sum of $568,000,000.
\(b\) Classified Authorization of Appropriations.—In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection \(a\),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2027 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102\(a\).
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2027.
TITLE III—MATTERS RELATING TO THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
SEC. 301. APPOINTMENT OF DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE AND ASSISTANT DIRECTORS OF
NATIONAL INTELLIGENCE.
\(a\) Redesignation of Principal Deputy Director of National
Intelligence as Deputy Director of National Intelligence.—
\(1\) In general.—Subsection \(a\) of section 103A of the
National Security Act of 1947 \(50 U.S.C. 3026\) is amended—
\(A\) in the subsection heading, by striking “Principal”;
and
\(B\) by striking “Principal” each place it appears.
\(2\) Conforming amendments.—Subsection \(c\) of such section
is amended—
\(A\) in the subsection heading, by striking “Principal”;
and
\(B\) in paragraph \(2\)\(B\), by striking “Principal”.
\(3\) Additional conforming amendment.—
\(A\) National security act of 1947.—Such Act is further
amended—
\(i\) in section 103\(c\)\(2\) \(50 U.S.C. 3025\(c\)\(2\)\), by
striking “Principal”;
\(ii\) in section 103I\(b\)\(1\) \(50 U.S.C. 3034\(b\)\(1\)\), by
striking “Principal”;
\(iii\) in section 106\(a\)\(2\)\(A\) \(50 U.S.C. 3041\(a\)\(2\)\(A\)\), by
striking “Principal”; and
\(iv\) in section 116\(b\) \(50 U.S.C. 3053\(b\)\), by striking
“Principal”.
\(B\) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.—Section 6310 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 \(50 U.S.C. 3351b\) is amended by striking
“Principal” each place it appears.
\(C\) National defense authorization act for fiscal year
2022.—Section 1683\(b\)\(3\) of the National Defense
Authorization Act for Fiscal Year 2022 \(50 U.S.C. 3373\(b\)\(3\)\)
is amended by striking “Principal” both places it appears.
\(b\) Elimination of Deputy Directors of National
Intelligence and Establishment of Assistant Directors of
National Intelligence.—
\(1\) In general.—Section 103A\(b\) of the National Security
Act of 1947 \(50 U.S.C. 3026\(b\)\) is amended—
\(A\) in the subsection heading, by striking “Deputy” and
inserting “Assistant”;
\(B\) in paragraph \(1\), by striking “may” and all that
follows through the period at the end and inserting the
following: “is an Assistant Director of National
Intelligence for Mission Integration and an Assistant
Director of National Intelligence for Policy and
Capabilities, who shall be appointed by the Director of
National Intelligence.”; and
\(C\) in paragraph \(2\), by striking “Deputy” and inserting
“Assistant”.
\(2\) Conforming amendments.—The National Security Act of
1947 \(50 U.S.C. 3001 et seq.\) is amended—
\(A\) in section 102A\(l\)\(4\)\(F\) \(50 U.S.C. 3024\(l\)\(4\)\(F\)\), as
redesignated by section 402\(g\)\(1\)\(B\), by striking “a
Deputy” and inserting “an Assistant”; and
\(B\) in section 103\(c\) \(50 U.S.C. 3025\(c\)\), by striking
paragraph \(3\).
\(c\) References to Principal Deputy Director of National
Intelligence in Law.—Any reference in law to the Principal
Deputy Director of National Intelligence shall be treated as
a reference to the Deputy Director of National Intelligence.
\(d\) Clerical Amendments.—
\(1\) Section heading.—Section 103A of such Act \(50 U.S.C.
3026\) is further amended, in the section heading, by striking
“deputy directors of national intelligence” and inserting
“deputy director of national intelligence and assistant
directors of national intelligence”.
\(2\) Table of contents.—The table of contents for such Act,
in the matter preceding section 2 of such Act, is amended by
striking the item relating to section 103A and inserting the
following:
“Sec. 103A. Deputy Director of National Intelligence and Assistant
Directors of National Intelligence.”.
SEC. 302. REPEAL OF NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.
\(a\) In General.—Section 103M of the National Security Act
of 1947 \(50 U.S.C. 3034d\) is repealed.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by striking the item relating to section 103M.
SEC. 303. REPEAL OF VARIOUS POSITIONS, UNITS, CENTERS,
COUNCILS, AND OFFICES.
\(a\) Intelligence Community Chief Data Officer.—
\(1\) Repeal.—Title I of the National Security Act of 1947
\(50 U.S.C. 3021 et seq.\) is amended by striking section 103K
\(50 U.S.C. 3034b\).
\(2\) Conforming amendment.—Section 103G of such Act \(50
U.S.C. 3032\) is amended by striking subsection \(d\).
\(3\) Clerical amendment.—The table of contents for such Act
in the matter preceding section 2 of such Act is amended by
striking the item relating to section 103K.
\(b\) Intelligence Community Innovation Unit.—
\(1\) Termination.—The Director of National Intelligence
shall take such actions as may be necessary to terminate and
wind down the operations of the Intelligence Community
Innovation Unit before the date specified in paragraph \(3\).
\(2\) Repeal.—
\(A\) In general.—Title I of the National Security Act of
1947 \(50 U.S.C. 3021 et seq.\) is further amended by striking
section 103L \(50 U.S.C. 3034c\).
\(B\) Clerical amendment.—The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
103L.
\(3\) Effective date.—The amendments made by this subsection
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
\(c\) Technical Amendment Regarding Expired Climate Security
Advisory Council.—
\(1\) Repeal.—Title I of the National Security Act of 1947
\(50 U.S.C. 3021 et seq.\) is further amended by striking
section 120 \(50 U.S.C. 3060\).
\(2\) Conforming amendment.—Section 331 of the National
Defense Authorization Act for Fiscal Year 2022 \(Public Law
117-81; 10 U.S.C. 113 note\) is amended by striking paragraph
\(2\) and inserting the following:
“\(2\) The term \`climate security' means the effects of
climate change on the following:
“\(A\) The national security of the United States, including
national security infrastructure.
“\(B\) Subnational, national, and regional political
stability.
“\(C\) The security of allies and partners of the United
States.
“\(D\) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.”.
\(3\) Clerical amendment.—The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section 120.
\(d\) Framework for Cross-Disciplinary Education and
Training.—
\(1\) Repeal.—Subtitle A of title X of the National Security
Act of 1947 \(50 U.S.C. 3191 et seq.\) is amended by striking
section 1002 \(50 U.S.C. 3192\).
\(2\) Clerical amendment.—The table of contents for such
Act, in the matter preceding section 2 of such Act, is
further amended by striking the item relating to section
1002.
\(e\) Joint Intelligence Community Council.—
\(1\) Termination.—The Joint Intelligence Community Council
is terminated.
\(2\) Conforming amendment.—Title I of the National Security
Act of 1947 \(50 U.S.C. 3021 et seq.\) is amended by striking
section 101A \(50 U.S.C. 3022\).
\(3\) Repeal of requirement to consult with joint
intelligence community council for national intelligence
program budget.—Section 102A\(c\)\(1\)\(B\) of the National
Security Act of 1947 \(50 U.S.C. 3024\(c\)\(1\)\(B\)\) is amended by
striking “, as appropriate, after obtaining the advice of
the Joint Intelligence Community Council,”.
\(4\) Clerical amendment.—The table of contents for such Act
in the matter preceding section 2 of such Act is amended by
striking the item relating to section 101A.
SEC. 304. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY.
\(a\) Transfer.—The Director of National Intelligence shall
transfer the functions of the National Intelligence
University to the National Defense University described in
section 2165 of title 10, United States Code.
\(b\) Repeal.—Title X of the National Security Act of 1947
\(50 U.S.C. 3191 et seq.\) is amended by striking subtitle D
\(50 U.S.C. 3227 et seq.\).
\(c\) Conforming Amendments.—
\(1\) Title 10.—Section 2151\(b\) of title 10, United States
Code, is amended by striking paragraph \(3\).
\(2\) Title 17.—Section 105\(d\)\(2\) of title 17, United States
Code, is amended—
\(A\) by striking subparagraph \(M\); and
\(B\) by redesignating subparagraph \(N\) as subparagraph \(M\).
\(3\) Damon paul nelson and matthew young pollard
intelligence authorization act for fiscal years 2018, 2019,
and 2020.—The Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 \(division E of Public Law 116-92\) is amended by
striking section 5324 \(50 U.S.C. 3334a\).
\(d\) Clerical Amendment.—The table of contents for the
National Security Act of 1947 \(50 U.S.C. 3002 et seq.\) is
amended, in the matter preceding section 2 of such Act, by
striking the items relating to subtitle D of title X.
SEC. 305. LIMITATION ON DOMESTIC ACTIVITIES AT THE NATIONAL
COUNTERTERRORISM CENTER.
\(a\) Domestic Counterterrorism Intelligence.—Subsection \(e\)
of section 119 of the National Security Act of 1947 \(50
U.S.C. 3056\) is amended to read as follows:
“\(e\) Limitation on Domestic Activities.—The Center may,
consistent with applicable law, the direction of the
President, and the guidelines referred to in section 102A\(b\),
receive and retain intelligence pertaining to domestic
terrorism \(as defined in section 2331 of title 18, United
States Code\) only as necessary to enable the Center to
collect, retain, and disseminate intelligence pertaining to
international terrorism \(as defined in section 2331 of title
18, United States Code\).”.
SEC. 306. TIMELY PROVISION OF SECURITY DIRECTION TO
INTELLIGENCE COMMUNITY WHISTLEBLOWERS.
\(a\) Intelligence Community Employees.—Section
103H\(k\)\(5\)\(D\)\(ii\)\(II\) of the National Security Act of 1947
\(50 U.S.C. 3033\(k\)\(5\)\(D\)\(ii\)\(II\)\) is amended by inserting “,
unless the Director does not provide such direction not later
than 7 calendar days after the date on which the employee
furnishes the statement required by subclause \(I\)” after
“practices”.
\(b\) Central Intelligence Agency Employees.—Section
17\(d\)\(5\)\(D\)\(ii\)\(II\) of the Central Intelligence Agency Act of
1949 \(50 U.S.C. 3517\(d\)\(5\)\(D\)\(ii\)\(II\)\) is amended by
inserting “, unless the Director does not provide such
direction not later than 7 calendar days after the date on
which the employee furnishes the statement required by
subclause \(I\)” after “practices”.
SEC. 307. NO POLICE, SUBPOENA, OR LAW ENFORCEMENT POWERS OR
INTERNAL SECURITY FUNCTIONS FOR DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 102A of the National Security Act of 1947 \(50
U.S.C. 3024\) is amended by adding at the end the following:
“\(z\) No Police, Subpoena, or Law Enforcement Powers or
Internal Security Functions.—The Director of National
Intelligence shall have no police, subpoena, or law
enforcement powers or internal security functions.”.
TITLE IV—MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY
SEC. 401. EXTENSION OF CENTRAL INTELLIGENCE AGENCY AUTHORITY
REGARDING UNMANNED AIRCRAFT SYSTEMS.
Section 15A\(m\) of the Central Intelligence Agency Act of
1949 \(50 U.S.C. 3515a\(m\)\) is amended by striking “December
31, 2027” and inserting “the date set forth in section
210G\(j\)\(1\) of the Homeland Security Act of 2002 \(6 U.S.C.
124n\(j\)\(1\)\)”.
SEC. 402. MODIFICATION RELATING TO SECURITY PERSONNEL AT
CERTAIN INSTALLATIONS.
Section 15\(a\)\(1\)\(D\) of the Central Intelligence Agency Act
of 1949 \(50 U.S.C. 3515\(a\)\(1\)\(D\)\) is amended by inserting
“or the National Reconnaissance Office” after “Office of
the Director of National Intelligence”.
TITLE V—MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE
COMMUNITY
SEC. 501. AUTHORITY OF NATIONAL SECURITY AGENCY TO CORRELATE,
EVALUATE, AND DISSEMINATE CERTAIN INTELLIGENCE.
The National Security Agency Act of 1959 \(50 U.S.C. 3601 et
seq.\) is amended by adding at the end the following:
“SEC. 23. AUTHORITY TO CORRELATE, EVALUATE, AND DISSEMINATE
CERTAIN INTELLIGENCE.
“The Director of the National Security Agency may—
“\(1\) correlate and evaluate intelligence related to
national security; and
“\(2\) disseminate such intelligence to legislative and
executive branch customers as the Director considers
appropriate.”.
SEC. 502. PROHIBITION ON AVAILABILITY OF FUNDS FOR RELOCATION
OF OFFICE OF INTELLIGENCE AND ANALYSIS TO
CERTAIN FACILITIES.
None of the funds authorized to be appropriated by this
division for fiscal year 2027 for the National Intelligence
Program \(as defined in section 3 of the National Security Act
of 1947 \(50 U.S.C. 3003\)\), may be obligated or expended to
move or relocate the Office of Intelligence and Analysis of
the Department of Homeland Security to any facility other
than a facility owned by the Department of Homeland Security.
SEC. 503. FUNDS FOR FOREIGN INTELLIGENCE ACTIVITIES CONDUCTED
WITH AND BY THE NATIONAL RECONNAISSANCE OFFICE.
\(a\) In General.—Subchapter I of chapter 21 of title 10,
United States Code, is amended by inserting after section 421
the following:
“Sec. 421a. Funds for foreign intelligence activities
conducted with and by the National Reconnaissance Office
“\(a\) Use of Appropriated Funds.—The Director of the
National Reconnaissance Office may use appropriated funds
available to the National Reconnaissance Office for
intelligence and communications purposes to pay for the
expenses of arrangements with foreign countries for
intelligence activities conducted with and by the National
Reconnaissance Office.
“\(b\) Use of Funds Other Than Appropriated Funds.—The
Director of the National Reconnaissance Office may use funds
other than appropriated funds to pay for the expenses of
arrangements with foreign countries for intelligence
activities conducted with and by the National Reconnaissance
Office, except that—
“\(1\) no such funds may be expended, in whole or in part,
by or for the benefit of the Department of Defense for a
purpose for which Congress had previously denied funds;
“\(2\) proceeds from the sale of items or services may be
used only to purchase replacement items similar to the items
that are sold; and
“\(3\) the authority provided by this subsection may not be
used to acquire items or services for the principal benefit
of the United States.
“\(c\) Reports.—
“\(1\) Use of appropriated funds.—Any funds expended under
the authority of subsection \(a\) shall be reported, pursuant
to the provisions of title V of the National Security Act of
1947 \(50 U.S.C. 3091 et seq.\), to—
“\(A\) the Select Committee on Intelligence, the Committee
on Armed Services, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
“\(B\) the Permanent Select Committee on Intelligence, the
Committee on Armed Services, and the Subcommittee on Defense
of the Committee on Appropriations of the House of
Representatives.
“\(2\) Use of funds other than appropriated funds.—Funds
expended under the authority of subsection \(b\) shall be
reported to the committees described in paragraph \(1\)
pursuant to procedures jointly agreed upon by such committees
and the Director of the National Reconnaissance Office.”.
\(b\) Clerical Amendment.—The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 421 the following:
“421a. Funds for foreign intelligence activities conducted with and by
the National Reconnaissance Office.”.
SEC. 504. MODIFICATION OF ANNUAL REPORT ON FEDERAL BUREAU OF
INVESTIGATION CASE DATA.
Section 512A\(b\)\(6\) of the National Security Act of 1947 \(50
U.S.C. 3111a\(b\)\(6\)\) is amended by striking “country
affiliation” and inserting “terrorist organization”.
SEC. 505. ESTABLISHMENT OF OFFICE OF COUNTERINTELLIGENCE.
Section 311 of title 31, United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(2\), by striking “; and” and inserting a
semicolon;
\(B\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(C\) by inserting after paragraph \(2\), the following new
paragraph \(3\):
“\(3\) identify and mitigate counterintelligence threats to
the Department of the Treasury; and”; and
\(2\) by adding at the end the following new subsection:
“\(c\) Office of Counterintelligence.—There is established,
within the Office of Intelligence and Analysis, the Office of
Counterintelligence, which shall be responsible for
implementing the policies and procedures across the bureaus
of the Department of the Treasury required to carry out the
counterintelligence responsibilities described in subsection
\(a\).”.
SEC. 506. ROLE OF NATIONAL SECURITY AGENCY IN COLLECTION AND
ANALYSIS OF SIGNALS INTELLIGENCE.
The National Security Agency Act of 1959 \(50 U.S.C. 3601 et
seq.\) is amended by adding at the end the following:
“SEC. 23. SIGNALS INTELLIGENCE.
“The Director of the National Security Agency shall—
“\(1\) provide overall direction for and coordination of the
collection and analysis of signals intelligence by elements
of the intelligence community authorized to undertake such
collection and analysis; and
“\(2\) in coordination with other departments, agencies, and
elements of the United States Government that are authorized
to undertake such collection, ensure that—
“\(A\) the most effective use is made of resources; and
“\(B\) appropriate account is taken of the risks to the
United States and those involved in such collection.”.
TITLE VI—GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 601. AMENDMENTS TO PRESIDENTIAL APPOINTMENTS FOR
INTELLIGENCE COMMUNITY POSITIONS.
\(a\) Appointment of Deputy Director of the Central
Intelligence Agency.—Section 104B\(a\) of the National
Security Act of 1947 \(50 U.S.C. 3037\(a\)\) is amended by
inserting “, by and with the advice and consent of the
Senate” after “President”.
\(b\) Appointment of Deputy Director of the National Security
Agency.—Section 2 of the National Security Agency Act of
1959 \(50 U.S.C. 3602\) is amended by adding at the end the
following:
“\(c\) There is a Deputy Director of the National Security
Agency, who shall be appointed by the President, by and with
the advice and consent of the Senate.”.
\(c\) Appointment of Director of the National
Counterterrorism Center.—Section 119\(b\)\(1\) of the National
Security Act of 1947 \(50 U.S.C. 3056\(b\)\(1\)\) is amended by
striking “President, by and with the advice and consent of
the Senate” and inserting “Director of National
Intelligence”.
\(d\) Appointment of Director the National
Counterintelligence and Security Center.—Section 902\(a\) of
the Intelligence Authorization Act for Fiscal Year 2003 \(50
U.S.C. 3382\(a\)\) is amended by striking “President, by and
with the advice and consent of the Senate” and inserting
“Director of National Intelligence”.
\(e\) Appointment of General Counsel of the Office of the
Director of National Intelligence.—Section 103C\(a\) of the
National Security Act of 1947 \(50 U.S.C. 3028\(a\)\) is amended
by striking “by the President, by and with the advice and
consent of the Senate” and inserting “by the Director of
National Intelligence”.
\(f\) Appointment of General Counsel of the Central
Intelligence Agency.—Section 20\(a\) of the Central
Intelligence Agency Act of 1949 \(50 U.S.C. 3520\(a\)\) is
amended by striking “by the President, by and with the
advice and consent of the Senate” and inserting “by the
Director of the Central Intelligence Agency”.
SEC. 602. ANALYTIC STANDARDS FOR ALL-SOURCE INTELLIGENCE
PRODUCTS.
\(a\) In General.—The National Security Act of 1947 \(50
U.S.C. 3001 et seq.\) is amended by adding at the end the
following:
“SEC. 1115. ANALYTIC STANDARDS FOR ALL-SOURCE INTELLIGENCE
PRODUCTS.
“\(a\) Definitions.—In this section:
“\(1\) All-source intelligence product.—The term \`all-
source intelligence product'—
“\(A\) means any intelligence product published by an
element of the intelligence community using multiple types of
intelligence for purposes of providing an analytic assessment
or situational update; and
“\(B\) does not include a product containing purely law
enforcement information.
“\(2\) Assumption.—The term \`assumption' means a
supposition used to frame or support an argument.
“\(3\) Judgment.—The term \`judgment' means a conclusion
based on underlying intelligence information, analysis, and
assumptions.
“\(b\) Establishment.—
“\(1\) In general.—The production of any all-source
intelligence product shall adhere to—
“\(A\) the analytic standards described in subsection \(c\);
and
“\(B\) any guidance or policy issued under paragraph \(2\).
“\(2\) Guidance and policy.—The Director of National
Intelligence or any other head of an
element of the intelligence community may issue guidance or
policy that expands upon the standards described in
subsection \(c\) as such head considers appropriate, except
that any such guidance or policy shall not contradict or
otherwise circumvent such standards.
“\(c\) Analytic Standards.—The standards described in this
subsection are the following:
“\(1\) Objectivity.—In producing any all-source
intelligence product, an analyst—
“\(A\) shall—
“\(i\) perform the analyst's functions with objectivity and
with awareness of their own assumptions and reasoning;
“\(ii\) employ reasoning techniques and practical mechanisms
that reveal and mitigate bias;
“\(iii\) be alert to influence by existing analytic
positions or judgments; and
“\(iv\) consider alternative perspectives and contrary
information; and
“\(B\) shall not be unduly constrained by previous judgments
when new developments indicate a modification is necessary.
“\(2\) Independent of political consideration.—Any all-
source intelligence product shall not be—
“\(A\) distorted by, or shaped for, advocacy of a particular
audience, agenda, or policy viewpoint; or
“\(B\) influenced by the force of preference for a
particular policy.
“\(3\) Timely.—Any all-source intelligence product shall be
disseminated in time for the product to be actionable by
customers.
“\(4\) Based on all relevant information available.—Any
all-source intelligence product shall be informed by all
relevant information available.
“\(5\) Analytic tradecraft standards.—Any all-source
intelligence product shall adhere to the following analytic
tradecraft standards:
“\(A\) Sourcing.—Any all-source intelligence product
shall—
“\(i\) identify and properly describe the quality and
credibility of underlying sources, data, and methodologies
upon which judgments are based; and
“\(ii\) use source descriptors in accordance with sourcing
guidance prescribed by the Director of National Intelligence.
“\(B\) Uncertainty.—Any all-source intelligence product
shall—
“\(i\) indicate and explain the basis for the uncertainties
associated with major analytic judgments, specifically the
likelihood of occurrence of an event or development, and the
analyst's confidence in the basis for the judgment;
“\(ii\) note causes of uncertainty, including assumptions
and gaps, and explain how uncertainties affect analysis; and
“\(iii\) for expressions of likelihood or probability, use
one of the sets of terms defined in Intelligence Community
Directive 203.
“\(C\) Distinguishing.—Any all-source intelligence product
shall—
“\(i\) clearly distinguish statements that convey underlying
intelligence information used in analysis from statements
that convey assumptions or judgments;
“\(ii\) state an assumption explicitly when the assumption
serves as the linchpin of an argument or when the assumption
bridges key information gaps;
“\(iii\) explain the implications for judgments if
assumptions prove to be incorrect; and
“\(iv\) as appropriate, identify indicators that, if
detected, would alter judgments.
“\(D\) Incorporate analysis of alternatives.—Any all-source
intelligence product shall—
“\(i\) identify and assess plausible alternative hypotheses;
“\(ii\) in discussing alternatives, address factors such as
associated assumptions, likelihood, or implications related
to United States interests; and
“\(iii\) identify indicators that, if detected, would affect
the likelihood of identified alternatives.
“\(E\) Relevance.—Any all-source intelligence product shall
provide information and insight on United States national
security issues.
“\(F\) Argumentation.—Any all-source intelligence product
shall—
“\(i\) present a clear main analytic message up front;
“\(ii\) in the case of a product containing multiple
judgments, have a main analytic message that is drawn
collectively from those judgments; and
“\(iii\) be effectively supported by relevant intelligence
information and coherent reasoning.
“\(G\) Analytic line.—Any all-source intelligence product
shall—
“\(i\) state how its major judgments on a topic are
consistent with or represent a change from major judgments in
previously published analysis, or that it represent initial
coverage of a topic; and
“\(ii\) fully consider and bring to the attention of
customers significant differences in analytic judgment, such
as between two analytic elements of the intelligence
community.
“\(H\) Accuracy.—Any all-source intelligence product
shall—
“\(i\) apply expertise and logic to make the most accurate
judgments and assessments possible, based on the information
available and known information gaps; and
“\(ii\) express judgments as clearly and precisely as
possible, reducing ambiguity by addressing the likelihood,
timing, and nature of the outcome or development.
“\(I\) Visuals.—Any all-source intelligence product shall
incorporate effective visual information as appropriate. Any
content of any all-source intelligence product depicted
visually shall adhere to the analytic standards described in
this subsection.
“\(d\) Required Information.—
“\(1\) In general.—Except as provided in paragraph \(2\), any
all-source intelligence product shall include a section
dedicated to explaining the tradecraft related to the
analytic tradecraft standards described in subparagraphs \(A\),
\(B\), \(C\), \(D\), and \(G\) of subsection \(c\)\(5\).
“\(2\) Exceptions.—The requirement of paragraph \(1\) shall
not apply to—
“\(A\) any all source-intelligence product less than 300
words; or
“\(B\) any all-source intelligence product produced for the
President's Daily Brief.
“\(e\) Tracking Adherence to Analytic Standards.—The
Director of National Intelligence and each other head of an
element of the intelligence community shall—
“\(1\) develop metrics for evaluating the performance of
their respective element in adhering to the analytic
standards described in subsection \(c\); and
“\(2\) use such metrics to evaluate individual performance,
develop analytic workforce training, and inform Congress on
matters related to analytic performance.”.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by adding at the end the following:
“Sec. 1115. Analytic standards for all-source intelligence
products.”.
SEC. 603. BEN SASSE INTELLIGENCE COMMUNITY TECHNOLOGY
FELLOWSHIP PROGRAM.
\(a\) In General.—Title X of the National Security Act of
1947 \(50 U.S.C. 3191 et seq.\) is amended by inserting after
section 1002 the following:
“SEC. 1003. BEN SASSE INTELLIGENCE COMMUNITY TECHNOLOGY
FELLOWSHIP PROGRAM.
“\(a\) In General.—There is established a program \(in this
section referred to as the \`Program'\) under which selected
employees of the intelligence community may train at certain
nongovernmental entities as technology fellows.
“\(b\) Designation.—The program shall be known as the \`Ben
Sasse Intelligence Community Technology Fellowship Program'.
“\(c\) Agreements.—
“\(1\) Nongovernmental entities.—Each head of an element of
the intelligence community described in paragraph \(3\) shall
seek to enter into agreements with nongovernmental entities
with experience in cutting-edge technology under which such
entities may host technology fellows under the Program.
“\(2\) Selected employees.—For each employee of an element
of the intelligence community selected for participation in
the Program in accordance with subsection \(e\), the head of
the element of the intelligence community that selected the
employee shall provide for a written agreement among that
element of the intelligence community, the nongovernmental
entity concerned, and the employee. The agreement shall—
“\(A\) require that the employee of the element of the
intelligence community, upon completion of the fellowship,
serve in that element, or elsewhere in the intelligence
community if approved by the head of the element that
selected the employee, for a period equal to twice the length
of the fellowship;
“\(B\) provide that if the employee of the element of the
intelligence community fails to carry out the agreement, the
employee shall be liable to the United States for payment of
all expenses of the fellowship, unless that failure was for
good and sufficient reason, as determined by the head of the
element that selected the employee; and
“\(C\) contain language ensuring that the employee of the
element of the intelligence community does not improperly use
information that the employee knows relates to an acquisition
or procurement of the element of the intelligence community
for the benefit or advantage of the nongovernmental entity.
“\(3\) Elements described.—The elements of the intelligence
community described in this paragraph are the following:
“\(A\) The Central Intelligence Agency.
“\(B\) The National Security Agency.
“\(C\) The National Geospatial-Intelligence Agency.
“\(D\) The National Reconnaissance Office.
“\(E\) The Defense Intelligence Agency.
“\(d\) Board.—
“\(1\) In general.—There is established a board for the
Program \(in this section referred to as the \`Board'\).
“\(2\) Membership.—The Board shall be composed of the
directors of science and technology, or equivalents, of the
elements of the intelligence community described in
subsection \(c\)\(3\).
“\(3\) Co-chairs.—The members of the Board shall serve as
co-chairs of the Board.
“\(4\) Selection criteria.—The Board shall establish
selection criteria for the participation of employees in the
Program.
“\(e\) Selection.—Each year, each head of an element of the
intelligence community described in subsection \(c\)\(3\) shall
select two employees of such element to participate in the
Program.
“\(f\) Term.—An employee selected for participation in the
Program may serve for one year as a technology fellow at a
nongovermental entity that has entered into an agreement
under subsection \(c\)\(1\) with
the head of the element of the intelligence community
concerned.”.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by inserting after the item relating to section
1002 the following:
“Sec. 1003. Ben Sasse Intelligence Community Technology Fellowship
Program.”.
SEC. 604. COUNTERING HOSTILE FOREIGN CYBER ACTORS AS A
NATIONAL INTELLIGENCE PRIORITY.
\(a\) Findings.—Congress finds the following:
\(1\) In 2025, foreign malicious cybercriminal organizations,
such as foreign scam centers that engage in sophisticated
investment fraud, cyber-enabled extortion activity, and
impersonation-based fraud, stole at least $7,566,000,000 from
Americans according to the Federal Bureau of Investigation's
Internet Crime Complaint Center, which has emphasized that
these estimates are conservative and only includes losses
reported to the Federal Bureau of Investigation.
\(2\) According to the Consumer Federation of America,
Americans are losing an estimated $119,000,000,000 each year
to online scams.
\(3\) Investigative reporting, Federal indictments, and
sanctions designations issued by the Department of the
Treasury have revealed the extent to which foreign malicious
cybercriminal organizations collaborate with foreign
governments, illicit finance actors, and foreign militia
groups whose activities present a threat to the economic and
national security of the United States.
\(4\) Foreign malicious cybercriminal organizations rely
extensively on communications and financial services of
United States companies, enabling the organizations'
targeting of vulnerable Americans.
\(5\) Targeted efforts against the United States intelligence
community by foreign malicious cybercriminal organizations to
defraud or extort by using deepfakes, voice-cloning, or other
sophisticated technological advancements presents a
counterintelligence threat.
\(b\) Sense of Congress.—
\(1\) In general.—It is the sense of Congress that—
\(A\) foreign malicious cybercriminal organizations, and
foreign affiliates associated with those organizations,
constitute hostile foreign cyber actors and are valid targets
for intelligence operations under existing intelligence
authorities; and
\(B\) the Director of National Intelligence should treat
collection, analysis, and disruption toward hostile foreign
cyber actors as a national intelligence priority as part of
the National Intelligence Priorities Framework.
\(2\) Hostile foreign cyber actors.—The hostile foreign
cyber actors described in paragraph \(1\) include, at a
minimum, the following:
\(A\) Prince Group.
\(B\) Huione Group.
\(C\) L.Y.P. Group.
\(D\) Jin Bei Group.
\(E\) Funnull Technology Inc.
\(F\) TransAsia International holding Group Thailand Company
Limited.
\(G\) The Democratic Karen Benevolent Army.
\(H\) HH Bank Cambodia PLC.
\(c\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Director of the
Federal Bureau of Investigation, shall submit to Congress a
report on hostile foreign cyber actors, such as foreign scam
centers.
\(2\) Contents.—The report required by paragraph \(1\) shall
include the following:
\(A\) An identification of the individuals and entities
operating as hostile foreign cyber actors, including foreign
scam centers, that pose the most significant threat.
\(B\) An identification of the locations from which the
individuals and entities identified under subparagraph \(A\)
operate.
\(C\) A description of the infrastructure, tactics, and
techniques hostile foreign cyber actors, including foreign
scam centers, commonly use, including reliance on any
products or services subject to the jurisdiction of the
United States.
\(D\) A description of any relationships between the
individuals and entities that operate as hostile foreign
cyber actors, including foreign scam centers, and their
governments or countries of origin that could impede the
ability to counter threats from such centers.
\(E\) An identification of communications and financial
services providers subject to the jurisdiction of the United
States that provide enabling services to individuals and
entities identified under subparagraph \(A\).
\(F\) A description of any relationships that the individuals
and entities identified under subparagraph \(A\) have with
transnational organized crime groups.
\(3\) Form; public availability.—The report required by
paragraph \(1\) shall be submitted in unclassified form, but
may include a classified annex. The unclassified form of the
report shall be made available to the public.
SEC. 605. NOTIFICATION OF CRIMINAL REFERRALS REGARDING
CURRENT OR FORMER INTELLIGENCE COMMUNITY
EMPLOYEES.
\(a\) In General.—Title V of the National Security Act of
1947 \( 50 U.S.C. 3091 et seq.\) is amended by adding at the
end the following:
“SEC. 519. NOTIFICATION OF CRIMINAL REFERRALS REGARDING
CURRENT OR FORMER INTELLIGENCE COMMUNITY
EMPLOYEES.
“\(a\) Definition of Appropriate Committees of Congress.—In
this section, the term \`appropriate committees of Congress'
means the following:
“\(1\) The congressional intelligence committees.
“\(2\) The Committee on the Judiciary of the Senate.
“\(3\) The Committee on the Judiciary of the House of
Representatives.
“\(b\) Notice Requirement.—If an element of the
intelligence community makes a criminal referral to the
Department of Justice regarding a current or former employee
of any element of the intelligence community, the general
counsel of the element of the intelligence community that
made the referral shall notify the appropriate committees of
Congress of the referral on the date such referral is made
and provide to the appropriate committees of Congress a
summary of the referral.”.
\(b\) Clerical Amendment.—The table of contents of the
National Security Act of 1947 \(50 U.S.C. 3001 et seq.\) is
amended by inserting after the item relating to section 518
the following:
“Sec. 519. Notification of criminal referrals regarding current or
former intelligence community employees.”.
SEC. 606. MODIFICATION OF DEFINITIONS IN NATIONAL SECURITY
ACT OF 1947 AND SCOPE OF INTELLIGENCE SHARING
RESPONSIBILITIES OF DIRECTOR OF NATIONAL
INTELLIGENCE.
\(a\) Definitions.—Section 3 of the National Security Act of
1947 \(50 U.S.C. 3003\) is amended—
\(1\) in paragraph \(1\), by striking “includes” and
inserting “means”; and
\(2\) in paragraph \(5\)—
\(A\) in the matter before subparagraph \(A\), by striking
“refer to all” and inserting “means”;
\(B\) by amended subparagraph \(B\) to read as follows:
“\(B\) involves foreign threats to the United States, its
people, property, or interests.”.
\(b\) Scope of Intelligence Sharing Responsibilities.—
Section 102A\(f\)\(1\) of such Act \(50 U.S.C. 3024\(f\)\(1\)\) is
amended, in the first sentence, by inserting “, and other
Federal agencies as the Director considers appropriate,”
after “community”.
SEC. 607. PROHIBITION ON INTELLIGENCE COMMUNITY USE OF
ADVERSARY UNMANNED GROUND VEHICLES.
\(a\) Definitions.—In this section:
\(1\) Covered foreign country.—The term “covered foreign
country” means any of the following:
\(A\) The People's Republic of China.
\(B\) The Russian Federation.
\(C\) The Islamic Republic of Iran.
\(D\) The Democratic People's Republic of Korea.
\(2\) Covered foreign entity.—The term “covered foreign
entity” means an entity that is domiciled in a covered
foreign country, or subject to influence or control by the
government of a covered foreign country as determined by the
Secretary of Homeland Security or the Secretary of Defense,
and any subsidiary or affiliate of such an entity.
\(3\) Covered unmanned ground vehicle system.—The term
“covered unmanned ground vehicle system”—
\(A\) means a mechanical device that—
\(i\) is capable of locomotion, navigation, or movement on
the ground; and
\(ii\) operates at a distance from one or more operators or
supervisors based on commands or in response to sensor data,
or through any combination thereof; and
\(B\) includes—
\(i\) remote surveillance vehicles, autonomous patrol
technologies, mobile robotics, and humanoid robots; and
\(ii\) the vehicle, its payload, and any external device used
to control the vehicle.
\(b\) Prohibition on Procurement of Covered Unmanned Ground
Vehicle Systems From Covered Foreign Entities.—
\(1\) In general.—Except as provided under paragraph \(2\),
the head of an element of the intelligence community may not
procure any covered unmanned ground vehicle system that is
manufactured or assembled by a covered foreign entity.
\(2\) Exemption.—The heads of elements of the intelligence
community are exempt from the restriction under paragraph \(1\)
if the procurement is required in the national interest of
the United States and—
\(A\) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned ground vehicle system or counter-unmanned ground
vehicle system technology;
\(B\) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned ground vehicle system or counter-unmanned
ground vehicle technology; or
\(C\) is an unmanned ground vehicle system that, as procured
or as modified after procurement but before operational use,
can no longer transfer to, or download data from, a covered
foreign entity and otherwise poses no national security
cybersecurity risks as determined by the exempting official.
\(c\) Prohibition on Operation of Covered Unmanned Ground
Vehicle Systems From Covered Foreign Entities.—
\(1\) Prohibition.—
\(A\) In general.—Beginning on the date that is one year
after the date of the enactment of this Act and except as
provided in paragraph \(2\), no element of the intelligence
community may operate a covered unmanned ground vehicle
system manufactured or assembled by a covered foreign entity.
\(B\) Applicability to contracted services.—The prohibition
under subparagraph \(A\) applies to any covered unmanned ground
vehicle systems that are being used by any element of the
intelligence community through the method of contracting for
the services of covered unmanned ground vehicle systems.
\(2\) Exemption.—The heads of the elements of the
intelligence community are exempt from the restriction under
paragraph \(1\) if the operation is required in the national
interest of the United States and—
\(A\) is for the sole purposes of research, evaluation,
training, testing, or analysis for electronic warfare,
information warfare operations, cybersecurity, or development
of unmanned ground vehicle system or counter-unmanned ground
vehicle system technology;
\(B\) is for the sole purposes of conducting counterterrorism
or counterintelligence activities, protective missions, or
Federal criminal or national security investigations,
including forensic examinations, or for electronic warfare,
information warfare operations, cybersecurity, or development
of an unmanned ground vehicle system or counter-unmanned
ground vehicle system technology; or
\(C\) is an unmanned ground vehicle system that, as procured
or as modified after procurement but before operational use,
can no longer transfer to, or download data from, a covered
foreign entity and otherwise poses no national security
cybersecurity risks as determined by the exempting official.
SEC. 608. CHINA-TAIWAN STRATEGIC WARNING TASK FORCE.
\(a\) Establishment.—Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence and the Undersecretary of Defense for
Intelligence and Security shall establish a task force to be
known as the China-Taiwan Strategic Warning Task Force
\(referred to in this section as the “Task Force”\) to lead
the efforts of the intelligence community with respect to
providing indications and warning of any military aggression
by the People's Republic of China against Taiwan.
\(b\) Objectives.—The objectives of the Task Force are the
following:
\(1\) The synchronization of all intelligence community
efforts related to China-Taiwan indications and warning,
including the generation of indicators and development of
collection requirements related to such indicators.
\(2\) The coordination of analysis related to China-Taiwan
indications and warning and the development of analytic
methodologies for use across the intelligence community in
conducting analysis related to China-Taiwan indications and
warning.
\(3\) The development and implementation of information
technology solutions to synchronize the access of the
intelligence community to information relating to indications
and warning.
\(c\) Membership.—The Task Force shall be composed of the
following members \(or their designees\):
\(1\) The Director of National Intelligence.
\(2\) The Undersecretary of Defense for Intelligence and
Security.
\(3\) The Director of the Defense Intelligence Agency.
\(4\) The Director of the Central Intelligence Agency.
\(5\) The Director for Intelligence for the United States
Indo-Pacific Command.
\(6\) The Director of the National-Geospatial Intelligence
Agency.
\(7\) The Director of the National Security Agency.
\(8\) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
\(9\) The Assistant Secretary of State for Intelligence and
Research.
\(10\) Such other heads of the elements of the intelligence
community that the Director of National Intelligence and the
Undersecretary of Defense for Intelligence and Security
determine appropriate.
\(d\) Leadership; Organization; Meetings.—
\(1\) Co-chairs.—The Director of National Intelligence \(or a
designee of the Director\) and the Undersecretary of Defense
for Intelligence and Security \(or a designee of the
Undersecretary\) shall be co-chairs of the Task Force.
\(2\) Working groups.—The Task Force may create subordinate
working groups as determined by the co-chairs.
\(3\) Meeting frequency.—The Task Force shall meet regularly
but not less than quarterly.
\(e\) Staffing.—
\(1\) In general.—The Task Force may hire staff and create
joint duty assignments assigned to the Task Force. The Task
Force may not exceed 25 full-time equivalent staff in total.
\(2\) Agency liaison.—Each member listed in subsection \(b\)
shall appoint a senior intelligence officer from the agency
concerned to serve as a liaison to the Task Force. Such
liaison shall be responsible for coordinating the
participation and support of the agency concerned to the Task
Force.
\(f\) Initial Reports.—. Not later than 180 days after the
date of the enactment of this Act, the Task Force shall
submit to the congressional intelligence committees and the
congressional defense committees a report on the status of
the Task Force, including—
\(1\) a summary of the efforts of the intelligence community
with respect to China-Taiwan indications and warning;
\(2\) a summary of efforts by the Task Force to develop a
common set of indicators and organize collection efforts by
the intelligence community against such indicators;
\(3\) a description of the resources provided by each Task
Force member towards efforts with respect to China-Taiwan
indications and warning, disaggregated by—
\(A\) dollars spent or planned to be spent during fiscal year
2027 ; and
\(B\) total full-time equivalent personnel; and
\(4\) recommendations to improve the collection and analysis
of the intelligence community with respect to China-Taiwan
indications and warning.
\(g\) Sunset.—The provisions of this section shall terminate
on the date that is 5 years after the date of the enactment
of this Act.
SEC. 609. LIMITATIONS RELATING TO CHINESE PRODUCTS AND
SERVICES.
\(a\) Prohibition on Use by Intelligence Community.—
\(1\) In general.—Paragraph \(1\) of subsection \(e\) of section
6604 of the Intelligence Authorization Act for Fiscal Year
2026 \(50 U.S.C. 3334m note; division F of Public Law 119-60\)
is amended to read as follows:
“\(1\) Covered application.—The term \`covered application'
means—
“\(A\) the DeepSeek application or any successor application
or service; or
“\(B\) any product or service from any entity of the
People's Republic of China that is included on—
“\(i\) the Entity List maintained by the Bureau of Industry
and Security of the Department of Commerce;
“\(ii\) the list \(sometimes known as the \`Non-SDN Chinese
Military-Industrial Complex Companies List'\) maintained by
the Office of Foreign Assets Control of the Department of the
Treasury under Executive Order 13959, as amended by Executive
Order 14032 \(50 U.S.C. 1701 note; relating to addressing the
threat from securities investments that finance certain
companies of the People's Republic of China\), or any
successor order; or
“\(iii\) the list of Chinese military companies required
under section 1260H of the William M. \(Mac\) Thornberry
National Defense Authorization Act for Fiscal Year 2021 \(10
U.S.C. 113 note; Public Law 116-283\) and maintained by the
Department of Defense.”.
\(2\) Conforming amendment.—The heading for such section is
amended by striking “deepseek” and inserting “products and
services from people's republic of china”.
\(b\) Limitation on Procurement by Intelligence Community.—
Section 414 of the Intelligence Authorization Act for Fiscal
Year 2022 \(28 U.S.C. 532 note; division X of Public Law 117-
103\) is amended—
\(1\) in the section heading, by striking “by federal bureau
of investigation”;
\(2\) in subsection \(a\)—
\(A\) in the matter before paragraph \(1\), by striking
“Director of the Federal Bureau of Investigation” and
inserting “head of an element of the intelligence
community”;
\(B\) in paragraph \(1\), by striking “Federal Bureau of
Investigation” and inserting “element”; and
\(C\) in paragraph \(3\), by striking “Director \(or a designee
of the Director\)” and inserting “head”;
\(3\) in subsection \(b\), by striking “the Director \(or a
designee of the Director, as applicable\) approves a
recommendation pursuant to subsection \(a\)\(3\), the Director
shall” and inserting “the head of an element of the
intelligence community approves a recommendation pursuant to
subsection \(a\)\(3\), the head shall”;
\(4\) in subsection \(c\), by amending paragraph \(2\) to read as
follows:
“\(2\) People's republic of china product or service.—The
term \`People's Republic of China product or service' means—
“\(A\) an information or communication technology product
manufactured in China, Hong Kong, or Macau and designed,
developed, or maintained by a firm that is domiciled in
China, Hong Kong, or Macau; or
“\(B\) an information or communication technology product or
service provided or manufactured by—
“\(i\) an entity that is fully or partially owned or
controlled by, or otherwise connected to, the government of
China; or
“\(ii\) an entity included on the list submitted by the
Director of National Intelligence under section 6706\(c\) of
the Intelligence Authorization Act for Fiscal Year 2026
\(division F of Public Law 119-60; 139 Stat. 1648\).”.
SEC. 610. LIMITATION ON INTELLIGENCE COMMUNITY SUPPORT FOR
OFFENSIVE CYBER OPERATIONS CONDUCTED BY
NONGOVERNMENTAL ENTITIES.
\(a\) In General.—The National Security Act of 1947 \(50
U.S.C. 3001 et seq.\) is amended by adding at the end the
following:
“SEC. 1115. LIMITATION ON INTELLIGENCE COMMUNITY SUPPORT FOR
OFFENSIVE CYBER OPERATIONS CONDUCTED BY
NONGOVERNMENTAL ENTITIES.
“\(a\) In General.—An element of the intelligence community
may not provide intelligence or support for an offensive
cyber operation conducted by a nongovernmental entity, unless
such an entity—
“\(1\) is conducting the offensive cyber operation on behalf
of such element and is operating under the authorities and
supervision of such element; or
“\(2\) is otherwise authorized by the President of the
United States to conduct the offensive cyber operation.
“\(b\) Definitions.—In this section:
“\(1\) Nongovernmental entity.—The term \`nongovernmental
entity' means any entity that is not an entity of the United
States Government.
“\(2\) Offensive cyber operation.—The term \`offensive cyber
operation' means any activity carried out in cyberspace, or
any associated preparatory action, that affects an
information system, network, or any other computer
infrastructure that is not owned or lawfully operated by the
entity carrying out the activity or action.”.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by adding at the end the following:
“Sec. 1115. Limitation on intelligence community support for offensive
cyber operations conducted by nongovernmental
entities.”.
SEC. 611. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
\(a\) In General.—Title I of the National Security Act of
1947 \(50 U.S.C. 3021 et seq.\) is amended by adding at the end
the following:
“SEC. 124. BIOLOGICAL INTELLIGENCE ACTIVITIES OF THE
INTELLIGENCE COMMUNITY.
“\(a\) Definitions.—In this section:
“\(1\) Biological data.—The term \`biological data' means
multiomic information and other relevant information,
including associated descriptors, derived from the structure,
function, or process of a biological system, that is
measured, collected, or aggregated for analysis, including
information from humans, animals, plants, or microbes.
“\(2\) Biological intelligence.—The term \`biological
intelligence' includes the information collected or
disseminated by the intelligence community concerning
biological threats through genomic surveillance,
immunological monitoring, environmental sampling, multiomic
analysis, and other scientific methodologies.
“\(3\) Biological threat.—The term \`biological threat'
includes any naturally occurring infectious disease,
engineered pathogen, toxin, or other biological agent that
poses a risk to human, animal, or plant health or to the
national security of the United States.
“\(b\) Determination; Dissemination.—The Director of
National Intelligence, in such coordination with the
Secretary of Defense as the Director considers appropriate,
shall, consistent with applicable Federal law and Executive
Order 12333 \(50 U.S.C. 3001 note; relating to United States
intelligence activities\)—
“\(1\) determine which United States agencies would benefit
from receiving anonymized biological data and biological
intelligence in support of detection, characterization, and
attribution of foreign biological threats; and
“\(2\) disseminate such anonymized biological data and
biological intelligence to agencies identified under
paragraph \(1\).
“\(c\) Standards; Databases.—Not later than 1 year after
the date of the enactment of this section, the Director of
National Intelligence, in such coordination with the
Secretary of Defense as the Director considers appropriate,
shall—
“\(1\) ensure standards for the collection and data formats
of anonymized biological data and biological intelligence
are, to the extent possible, consistent with standards used
by other United States agencies, including by—
“\(A\) providing for standardized data categorization and
tagging of biological data;
“\(B\) considering standardized scientific and laboratory
equipment and data collection methodologies; and
“\(C\) minimizing collection of any biological data that is
likely to contain biological or genomic information specific
to any United States person, including any derived data that
is specific to any United States person; and
“\(2\) facilitate the establishment and maintenance of
streamlined and unified accesses to databases of biological
intelligence collected by the intelligence community or the
Department of Defense.
“\(d\) Priority.—In carrying out subsections \(b\) and \(c\),
the Director of National Intelligence shall prioritize
supporting capabilities, including the development of
technical tools, that enable the early detection,
characterization, and attribution of naturally occurring,
novel, or engineered pathogens that could threaten the United
States.
“\(e\) Rule of Construction.—Unless otherwise authorized by
any other provision of law, nothing in this section shall be
construed to allow the sharing or dissemination of anonymized
biological data derived from law enforcement actions, or to
allow such law enforcement data to be maintained or shared
through databases covered in paragraph \(c\)\(2\), unless such
biological data solely relates to a biological threat as
defined by \(a\)\(3\).”.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by inserting after the item relating to section
123 the following:
“Sec. 124. Biological intelligence activities of the intelligence
community.”.
SEC. 612. PROHIBITION ON PARTICIPATION IN PREDICTION MARKETS.
\(a\) In General.—Title III of the National Security Act of
1947 \(50 U.S.C. 3071 et seq.\) is amended by inserting after
section 304 the following:
“SEC. 304A. PROHIBITION ON PARTICIPATION IN PREDICTION
MARKETS.
“\(a\) In General.—Except as may be necessary to conduct
authorized intelligence activities, a covered individual may
not participate in a prediction market on any topic relating
to nonpublic information to which the covered individual has
access by virtue of being a covered individual, during—
“\(1\) the period during which the covered individual is
employed or contracted by an element of the intelligence
community; or
“\(2\) the two-year period beginning on the date on which
the covered individual ceases to be employed or contracted by
such an element.
“\(b\) Policy.—Not later than 45 days after the date of the
enactment of this section, the Director of National
Intelligence shall issue a policy implementing the
prohibition in subsection \(a\), including—
“\(1\) establishing appropriate penalties for violating the
prohibition; and
“\(2\) providing notice to all covered individuals.
“\(c\) Definitions.—In this section:
“\(1\) Covered individual.—The term \`covered individual'
means an employee or contractor, or a former employee or
contractor, of an element of the intelligence community who
holds a security clearance.
“\(2\) Prediction market.—The term \`prediction market'
means a platform, company, or service that allows agreements,
contracts, transactions, or swaps between users over the
outcome of non-financial future events, such as sports,
military actions, and elections.”.
\(b\) Clerical Amendment.—The table of contents of such Act
is amended by inserting after the item relating to section
304 the following:
“Sec. 304A. Prohibition on participation in prediction markets.”.
SEC. 613. REPEAL OF CERTAIN REPORT AND BRIEFING REQUIREMENTS.
\(a\) Oversight of Foreign Influence in Academia.—Section
5713 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 \(50 U.S.C. 3369b\) is repealed.
\(b\) Report on Efforts to Illicitly Acquire Satellites and
Related Items.—Section 1261 of the National Defense
Authorization Act for Fiscal Year 2013 \(22 U.S.C. 2778 note;
Public Law 112-239\) is amended by striking subsection \(e\).
\(c\) Monitoring Mineral Investments Under Belt and Road
Initiative of the People's Republic of China.—Section 7003
of the Energy Act of 2020 \(50 U.S.C. 3372\) is amended by
striking subsection \(d\).
\(d\) Briefing on Protocols for Certain Intelligence
Community Employees and Dependents.—Section 605\(g\) of the
Intelligence Authorization Act for Fiscal Year 2022 \(50
U.S.C. 3334k\(g\)\) is amended by striking paragraph \(3\).
\(e\) Periodic Report on Positions in the Intelligence
Community That Can Be Conducted Without Access to Classified
Information, Networks, or Facilities.—Section 6610 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 \(50
U.S.C. 3352e\) is repealed.
\(f\) Review of Shared Information Technology Services for
Personnel Vetting.—Section 7701 of the Intelligence
Authorization Act for Fiscal Year 2024 \(division G of Public
Law 118-31; 137 Stat. 1100\) is repealed.
\(g\) Supply Chain and Counterintelligence Risk Management
Task Force.—Section 6306 of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 \(50 U.S.C. 3370\) is amended
by striking subsection \(e\).
\(h\) Report on Best Practices to Protect Privacy, Civil
Liberties, and Civil Rights of Chinese Americans.—Section
620 of the Intelligence Authorization Act for Fiscal Year
2021 \(50 U.S.C. 3240\) is repealed.
\(i\) Enforcement of Cybersecurity Requirements for National
Security Systems; Report on Exemptions.—Section 6309\(f\) of
the Intelligence Authorization Act for Fiscal Year 2023 \(44
U.S.C. 3557 note; division F of Public Law 117-263\) is
amended by striking paragraph \(3\).
\(j\) Report on Collaboration Between Intelligence Community
and Department of Commerce to Counter Foreign Commercial
Threats.—Section 6514\(b\) of the Intelligence Authorization
Act for Fiscal Year 2023 \(50 U.S.C. 3370b\(b\)\) is amended by
striking paragraph \(6\).
\(k\) Timeliness Standard for Rendering Determinations of
Trust for Personnel Vetting; Reviews.—Section 7702\(a\) of the
Intelligence Authorization Act for Fiscal Year 2024 \(50
U.S.C. 3352h\(a\)\) is amended by striking paragraph \(2\).
\(l\) Briefings on Status of Intelligence Community
Innovation Unit.—Subsections \(c\) and \(d\) of section 7502 of
the Intelligence Authorization Act for Fiscal Year 2024
\(Public Law 118-31; 137 Stat. 1082\) are repealed.
\(m\) Annual Training Requirement and Report Regarding
Analytic Standards.—Section 6312 of the Intelligence
Authorization Act for Fiscal Year 2023 \(50 U.S.C. 3364 note;
Public Law 117-263\) is amended—
\(1\) by striking subsections \(c\) and \(d\); and
\(2\) by redesignating subsections \(e\) and \(f\) as subsections
\(c\) and \(d\), respectively.
\(n\) Annual Reports Regarding Intelligence Community Public-
private Talent Exchanges.—Section 6506 of the Intelligence
Authorization Act for Fiscal Year 2025 \(Public Law 118-159;
138 Stat. 2497\) is amended by striking subsection \(e\).
\(o\) Software Licensing.—Section 109 of the National
Security Act of 1947 \(50 U.S.C. 3044\) is amended—
\(1\) by striking subsection \(c\); and
\(2\) by redesignating subsection \(d\) as subsection \(c\).
\(p\) Review and Update of Position Designation Guidance.—
Section 7 of the SECRET Act of 2018 \(Public Law 115-173; 132
Stat. 1294\) is amended—
\(1\) by striking subsection \(c\); and
\(2\) by redesignating subsection \(d\) as subsection \(c\).
\(q\) Report on Independent Study on Economic Impact of
Military Invasion of Taiwan by People's Republic of China.—
Section 7407 of the Intelligence Authorization Act for Fiscal
year 2024 \(Public Law 118-31; 137 Stat. 1075\) is amended—
\(1\) by striking subsection \(c\); and
\(2\) by redesignating subsection \(d\) as subsection \(c\).
SEC. 614. INTELLIGENCE COMMUNITY PERSONNEL TRAVEL,
ALLOWANCES, AND RELATED EXPENSES REGULATIONS.
\(a\) Central Intelligence Agency.—Section 4 of the Central
Intelligence Act of 1949 \(50 U.S.C. 3505\) is amended by
adding at the end the following new subsection:
“\(c\) Biennial Reviews and Reports.—Not later than
September 30, 2027, and not less frequently than once every 2
years thereafter, the Director shall—
“\(1\) review the regulations covered by this section; and
“\(2\) not later than 10 days after completing a review
under paragraph \(1\), submit to the congressional intelligence
committees the findings of the Director with respect to the
review, including identification of any changes to the
regulations or personnel coverage thereof that the Director
determines to be necessary for the performance of
intelligence functions.”.
\(b\) Office of Director of National Intelligence.—Section
102A of the National Security Act of 1947 \(50 U.S.C. 3024\) is
amended by adding at the end the following new subsection:
“\(z\) Biennial Reviews and Reports Regarding Intelligence
Community Personnel Travel, Allowances, and Related Expenses
Regulations.—Not later than September 30, 2027, and not less
frequently than once every 2 years thereafter, in order to
reflect the requirements of the Office of the Director of
National Intelligence not taken into account in the
formulation of Government-wide travel procedures covered by
this section, the Director shall—
“\(1\) review such requirements; and
“\(2\) not later than 10 days after completing a review
under paragraph \(1\), submit to the congressional intelligence
committees the findings of the Director with respect to the
review, including any regulations that the Director
determines to be necessary for the performance of
intelligence functions.”.
SEC. 615. PROHIBITION ON SENDING AND RECEIVING OBJECTS USING
ENTITIES OWNED OR CONTROLLED BY PERSONS OR
GOVERNMENTS OF CERTAIN COUNTRIES.
\(a\) Definition of Covered Nation.—In this section, the
term “covered nation” has the meaning given such term in
section 4872\(f\) of title 10, United States Code.
\(b\) In General.—
\(1\) List required.—Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency, shall develop a list of
products, intellectual property, technology, and any other
objects that the Directors determine—
\(A\) affect the national security of the United States; and
\(B\) if acquired by a covered nation, would pose a threat to
the national security of the United States.
\(2\) Form.—The list required by paragraph \(1\) may be in
classified form.
\(c\) Prohibition.—Except as provided in subsection \(d\), no
element of the intelligence community may send or receive any
product, intellectual property, technology, or other object
as identified pursuant to subsection \(b\) within the United
States using an entity, including any shipping company, that
is owned or substantially controlled by a person or a
governmental entity domiciled in a covered nation.
\(d\) Waiver.—The head of an element of the intelligence
community—
\(1\) may waive the prohibition in subsection \(c\) for the
element on a case by case basis if the head determines that
in the particular case, sending or receiving any product,
intellectual property, technology, or other object by an
entity identified pursuant to subsection \(b\) is necessary for
the national security of the United States; and
\(2\) not later than 3 days after issuing such waiver, shall
notify the Director of National Intelligence of the waiver.
\(e\) Notification.—Not later than 30 days after the head of
an element of the intelligence community issues a waiver
described in subsection \(d\), such head shall submit to the
congressional intelligence committees a written notice of the
waiver, which shall include—
\(1\) a justification for the waiver, including the product,
intellectual property, technology, or other object subject to
the waiver; and
\(2\) a description of the national security threat
mitigation measures implemented for permitting the activity
that otherwise would be prohibited under subsection \(c\).
SEC. 616. ENHANCING INTELLIGENCE COOPERATION IN THE INDO-
PACIFIC REGION.
\(a\) Definition of Intelligence Cooperation.—In this
section, the term “intelligence cooperation” means
activities authorized under the provisions of law
administered by the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and imagery.
\(b\) Statement of Policy.—It is the policy of the United
States to consider intelligence cooperation with allies and
partners of the United States in the Indo-Pacific region a
priority national security investment that will help deter
aggression, reinforce regional stability, and reduce the risk
of miscalculation, all of which will advance the national
security and economic prosperity of the United States by
helping to ensure a free and open Indo-Pacific region.
\(c\) Requirements.—
\(1\) In general.—The Director of National Intelligence
shall, acting in close coordination with such heads of
elements of the intelligence community as the Director
considers relevant and the members of the Five Eyes
intelligence-sharing alliance, undertake efforts to bolster
and improve—
\(A\) the intelligence foundations of alliances between the
United States and Australia, Japan, New Zealand, the
Philippines, the Republic of Korea, and Thailand; and
\(B\) intelligence cooperation between the United States and
other regional partners, such as India and Vietnam.
\(2\) Priority areas for enhanced cooperation.—Efforts
undertaken pursuant to paragraph \(1\) shall include efforts—
\(A\) to address the speed and complexity of potential
strategic and operational contingencies in the Indo-Pacific
region, including any scenarios involving adversarial efforts
to limit the freedom of navigation through critical maritime
chokepoints threaten supply chain security;
\(B\) relatedly, to ensure shared situational awareness
across the full spectrum of potential contingencies,
including military indications and warnings;
\(C\) to enhance maritime, air, and space domain awareness,
with the goal of providing decision advantage;
\(D\) to inform collective defense planning and response by
further integrating intelligence cooperation into joint and
combined operational planning activities, exercises, and
wargames focused on regional contingencies, including the Rim
of the Pacific;
\(E\) to encourage intelligence cooperation with Taiwan,
consistent with United States law and policy; and
\(F\) to promote multilateral intelligence sharing and
collaboration among allies and partners of the United States,
such as through the United States-Japan-Republic of Korea
trilateral mechanism and the United States-Japan-Philippines
trilateral mechanism.
SEC. 617. INTELLIGENCE ACTIVITIES RELATED TO UKRAINE.
\(a\) Statement of Policy.—
\(1\) In general.—Section 3 of the Support for the
Sovereignty, Integrity, Democracy, and Economic Stability of
Ukraine Act of 2014 \(22 U.S.C. 8902\) is amended—
\(A\) in paragraph \(16\), by striking “; and” and inserting
a semicolon;
\(B\) in paragraph \(17\), by striking the period at the end
and inserting “; and”; and
\(C\) by adding at the end the following:
“\(18\) to assist Ukraine in maintaining a credible defense
and deterrence capability, including through the provision of
intelligence support, as a means of advancing the national
security of the United States, regional stability, and the
protection of United States interests in Europe.”.
\(2\) Definition.—Section 2 of such Act \(22 U.S.C. 8901\) is
amended—
\(A\) by redesignating paragraphs \(3\) and \(4\) as paragraphs
\(5\) and \(6\), respectively; and
\(B\) by inserting after paragraph \(2\) the following:
“\(3\) Credible defense and deterrence capability.—The term
\`credible defense and deterrence capability' means the
ability to defend against and deter any credible conventional
military threat from the Russian Federation acting
unilaterally or in concert with partners, through the use of
conventional military means, possessed in sufficient
quantity, including weapons platforms and munitions, and
command, control, communication, intelligence, surveillance,
and reconnaissance capabilities.
“\(4\) Intelligence support.—The term \`intelligence
support' means activities authorized under the provisions of
law governing the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and
imagery.”.
\(b\) Requirement Relating to Intelligence Support Absent an
Armistice or Comprehensive Political Settlement.—Until
Ukraine and the Russian Federation voluntarily and freely
enter into an armistice or comprehensive political settlement
of the conflict, the Director of National Intelligence, in
coordination with the Director
of the Central Intelligence Agency, the Director of the
Defense Intelligence Agency, and the heads of any other
relevant element of the intelligence community, shall
continue to ensure the provision of intelligence support to
the Government of Ukraine for purposes of advancing United
States policy goals in Ukraine.
\(c\) Pauses in Intelligence Support.—
\(1\) In general.—Intelligence support to Ukraine required
under this section shall not be suspended or limited unless
the Director of National Intelligence, in coordination with
the Director of the Central Intelligence Agency and the
Director of the Defense Intelligence Agency, identifies a
specific and identifiable national security concern.
\(2\) Notification.—Not later than 15 days after making the
decision to pause, terminate, restrict, or otherwise
materially downgrade intelligence support to Ukraine, the
Director of National Intelligence, in coordination with the
heads of the elements of the intelligence community, shall
submit to the congressional intelligence committees a
notification that includes—
\(A\) a detailed description of the reason for the pause,
termination, restriction, or material downgrade of
intelligence support;
\(B\) the expected duration of the pause, termination,
restriction, or material downgrade; and
\(C\) the anticipated impact of such decision on the ability
of Ukraine to conduct effective military operations.
\(3\) Form.—A notification submitted under paragraph \(2\)
shall be in unclassified form, but may include an classified
annex.
\(d\) Requirement Relating to Intelligence Support in the
Event of Armistice or Comprehensive Political Settlement.—
\(1\) In general.—If Ukraine and the Russian Federation
voluntarily and freely enter into an armistice or a
comprehensive political settlement, the Director of National
Intelligence, in coordination with the heads of the other
relevant elements of the intelligence community, shall adjust
the intelligence support to Ukraine to support implementation
of the armistice or the comprehensive political settlement
and, consistent with the national security interests of the
United States, support building and sustaining the capacity
of Ukraine to detect, deter, and repel any future Russian
attack against the territory of Ukraine.
\(2\) Report on modifications to united states intelligence
support.—Not later than 30 days after an armistice or a
comprehensive political settlement is entered into force, the
Director of the Central Intelligence Agency, in coordination
with the heads of the other relevant elements of the
intelligence community, including the Director of the Defense
Intelligence Agency, the Director of the National Security
Agency, and the Director of the National Geospatial-
Intelligence Agency, shall submit to the congressional
intelligence committees a report that includes—
\(A\) a description of the details of the armistice or the
comprehensive political settlement of the conflict in
Ukraine, including a description of the role of the
intelligence community in monitoring the adherence by the
parties to specific elements of the agreement;
\(B\) an assessment of the vulnerabilities that Ukraine will
face under the terms of the agreement and potential measures
that the intelligence community or other parties could take
to help mitigate such vulnerabilities;
\(C\) a description of the modifications to ongoing
intelligence support the Director of the Central Intelligence
Agency has authorized in light of the changed situation on
the ground in Ukraine in order to help build and sustain the
capacity of Ukraine to detect, deter, and repel any future
Russian attack against the territory of Ukraine;
\(D\) an assessment of the implications of the armistice or
comprehensive political settlement for the national security
interests of the United States in Europe, including the
capacity of the United States and the North Atlantic Treaty
Organization to deter future aggression by the Russian
Federation; and
\(E\) a description and assessment of any cooperative
arrangements that Ukraine has with other countries, including
member countries of the North Atlantic Treaty Organization,
that the intelligence community assesses would contribute to
deterring a future attack or act of aggression by the Russian
Federation aimed at occupying or seizing the territory of
Ukraine.
\(3\) Form.—The report required by paragraph \(2\) shall be
submitted in unclassified form, but may include a classified
annex.
\(4\) Early warning.—The Director of National Intelligence,
in coordination with the heads of any other relevant elements
of the intelligence community, shall provide to Ukraine and
member countries of the North Atlantic Treaty Organization
intelligence and early warning to allow for an appropriate
and timely response with respect to any potential attack or
act of aggression against Ukraine by the Russian Federation.
\(5\) Notification.—
\(A\) In general.—The Director of National Intelligence
shall promptly notify each Member of the congressional
intelligence committees not later than 5 days after any
intelligence element provides Ukraine any intelligence
pursuant to paragraph \(4\).
\(B\) Contents.—A notification submitted pursuant to
subparagraph \(A\) shall include—
\(i\) a description of the specific threatened attack or act
of aggression shared with Ukraine;
\(ii\) the date on which the intelligence was provided to
Ukraine;
\(iii\) details of the channel through which the intelligence
was shared, including the names and titles of the relevant
intelligence community officers and Ukrainian government
officials;
\(iv\) the response of the Government of Ukraine upon
receiving the intelligence;
\(v\) an assessment produced by the Defense Intelligence
Agency, in coordination with other relevant elements of
intelligence community, as to what support Ukraine might
require in order to deter or repel the threatened attack or
act of aggression; and
\(vi\) a summary of subsequent actions that the Director of
National Intelligence, in coordination with the Director of
the Central Intelligence Agency, the Director of the Defense
Intelligence Agency, and other heads of relevant elements of
the intelligence community, directed be taken to support
Ukraine in defending against or otherwise responding to the
threatened attack or act of aggression.
\(C\) Form.—A notification submitted pursuant to
subparagraph \(A\) shall be in unclassified form, but may
include a classified annex.
\(e\) Requirement Relating to Intelligence Support in the
Event of an Armed Attack on Ukraine in Violation of an
Armistice or Comprehensive Political Settlement.—
\(1\) In general.—In the event of an armed attack by the
Russian Federation on Ukraine that violates an armistice or a
comprehensive political settlement, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency, the Director of the Defense
Intelligence Agency, and the heads of other relevant elements
of the intelligence community, shall immediately resume the
provision of intelligence support to the Government of
Ukraine at a level the Directors deem necessary to support
military operations of the Government of Ukraine that are
intended, or reasonably expected, to help the Armed Forces of
Ukraine defend or liberate the territory of Ukraine and
prevent such territory of Ukraine from being occupied or
attacked by the Russian Federation.
\(2\) Notification.—
\(A\) In general.—The Director of National Intelligence
shall promptly notify the congressional intelligence
committees not later than 5 days after resuming intelligence
support pursuant to paragraph \(1\).
\(B\) Contents.—A notification submitted pursuant to
subparagraph \(A\) shall include—
\(i\) a description of the specific attack or act of
aggression against Ukraine;
\(ii\) a description of any intelligence support that Ukraine
requested from the United States;
\(iii\) an assessment of the support that Ukraine might
require in order to deter or repel the attack or act of
aggression;
\(iv\) a description of any intelligence support that the
Director has authorized to be provided to Ukraine; and
\(v\) a description of the response of the Government of
Ukraine upon receiving the intelligence support.
\(C\) Form.—A notification submitted pursuant to
subparagraph \(A\) shall be in unclassified form, but may
include a classified annex.
\(3\) Sunset.—
\(A\) In general.—The provision of intelligence support for
Ukraine under this subsection shall cease on the date that is
120 days after the date on which the Government of Ukraine
and the Government of the Russian Federation agree to
reinstate the armistice or comprehensive political settlement
that was violated or a new armistice or comprehensive
political settlement is entered into force.
\(B\) Recommencement.—Upon the cessation of the provision of
intelligence support under subparagraph \(A\), the Director of
the Central Intelligence Agency, in coordination with the
heads of any other relevant elements of the intelligence
community, shall resume the provision of intelligence support
to Ukraine pursuant to subsection \(d\).
\(f\) Definitions.—In this section:
\(1\) Armistice; comprehensive political settlement.—The
terms “armistice” and “comprehensive political
settlement” mean a formal written agreement between the
Government of Ukraine and the Government of the Russian
Federation that has the effect of permanently ending the
armed conflict between both nations.
\(2\) Intelligence support.—The term “intelligence
support” means activities authorized under the provisions of
law governing the heads of the elements of the intelligence
community, including the collection, analysis, production,
and dissemination of information, intelligence, and imagery.
\(3\) Specific and identifiable national security concern.—
The term “specific and identifiable national security
concern” includes the following:
\(A\) Credible intelligence that an element of the Government
of Ukraine has been compromised by the Russian Federation or
another foreign adversary.
\(B\) Protection of sources and methods.
\(C\) A voluntary request from the Government of Ukraine to
pause intelligence support.
\(D\) Credible intelligence that an element of the Government
of Ukraine receiving United States intelligence support
engaged in a pattern of human rights violations, atrocities,
or violations of the law of armed conflict.
\(4\) Territory of ukraine.—The term “territory of
Ukraine” means all territory internationally recognized to
be the sovereign territory of Ukraine on February 19, 2014,
including Crimea and the territory that the Russian
Federation claims to have annexed in Kherson and Zaporizhzia.
SEC. 618. REQUIREMENTS RELATING TO INTELLIGENCE SHARING WITH
COUNTRIES OF SIGNIFICANT CONCERN TO THE UNITED
STATES.
Section 102A\(j\) of the National Security Act of 1947 \(50
U.S.C. 3024\(j\)\) is amended—
\(1\) by striking “Under the direction” and inserting the
following:
“\(1\) In general.—Under the direction”; and
\(2\) by adding at the end the following:
“\(2\) Notification required.—
“\(A\) In general.—Not later than 48 hours after a decision
to pause, terminate, or otherwise restrict or materially
downgrade intelligence support or intelligence activities \(as
defined in section 501\(f\)\), including information,
intelligence, and imagery collection authorized under
Executive Order 12333 \(50 U.S.C. 3001 note; relating to
United States intelligence activities\), to the government of
a country of significant concern to the United States, the
Director of National Intelligence shall submit to the
congressional intelligence committees a notification of such
decision.
“\(B\) Elements.—The notification required in subsection
\(a\) shall include—
“\(i\) a detailed description of the reason for the pause,
termination, restriction, or material downgrade of
intelligence support;
“\(ii\) a description of the change in intelligence sharing;
“\(iii\) the categories of information affected;
“\(iv\) the expected duration of the pause, termination,
restriction, or material downgrade; and
“\(v\) the anticipated impact of such decision on regional
security and the national security objectives of the United
States.
“\(C\) Country of significant concern to the united states
defined.—In this subsection, the term \`country of
significant concern to the United States' means—
“\(i\) Israel;
“\(ii\) Ukraine;
“\(iii\) Taiwan; and
“\(iv\) any other country designated as such by the
President.”.
SEC. 619. UNITED STATES-ISRAEL INTELLIGENCE SHARING
ENHANCEMENT.
\(a\) Statement of Policy.—It is the policy of the United
States—
\(1\) to maintain and strengthen the strategic security
partnership with Israel as a means of advancing the national
defense of the United States, regional stability, and the
protection of United States personnel and interests in the
Middle East;
\(2\) to enhance intelligence collaboration through robust
intelligence sharing and analytic partnership with Israel to
counter terrorism, proliferation networks, cyber threats,
state and nonstate aggressors, terror financing, sanctions
evasion, and other transnational security challenges that
threaten both Israel and the United States;
\(3\) to deter and counter destabilizing activities by the
Government of Iran and Iran-aligned state and nonstate actors
that threaten Israel, United States forces, and regional
partners;
\(4\) to ensure that security assistance and defense
cooperation are structured to help Israel maintain its
qualitative military edge, consistent with United States law
and broader regional security considerations;
\(5\) to encourage and support the expansion of regional
security architectures that include Israel and willing
regional partners, with a focus on integrated air and missile
defense, maritime security, early warning systems, and
intelligence-sharing frameworks; and
\(6\) to leverage security coordination with Israel to
enhance force protection, early warning, and crisis response
capabilities for United States military and diplomatic
personnel in the region.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) Israel remains a critical United States security
partner whose defense and intelligence capabilities provide a
strategic advantage that contributes to enhanced operational
effectiveness and technological superiority;
\(2\) timely and actionable intelligence sharing between the
United States and Israel has saved United States personnel
and property in the region and should remain a central pillar
of the bilateral security relationship;
\(3\) the evolving threat environment in the Middle East—
including missile proliferation, unmanned systems, cyber
operations, terror financing, and proxy warfare—requires
sustained and adaptive cooperation between the United States
and Israel;
\(4\) the United States-Israel security partnership has
historically benefitted from bipartisan support, which
strengthens the partnership's credibility, durability, and
deterrent value; and
\(5\) expanding normalization and practical security
cooperation between Israel and regional states can serve as a
force multiplier for collective deterrence and integrated
defense.
\(c\) Requirements Relating to Intelligence Sharing.—
\(1\) In general.—Title XI of the National Security Act of
1947 \(50 U.S.C. 3231 et seq.\) is amended by adding at the end
the following:
“SEC. 1115. REQUIREMENTS RELATING TO INTELLIGENCE SHARING.
“\(a\) Intelligence Sharing With Israel.—
“\(1\) In general.—The President, acting through the
Director of National Intelligence and, as necessary, the
Secretary of Defense, shall, subject to applicable law and
the protection of intelligence sources and methods, expand
and enhance intelligence sharing with the Government of
Israel.
“\(2\) Scope of intelligence sharing.—Intelligence sharing
carried out under this subsection shall include the sharing
of information relating to cybersecurity threats, terrorism,
sanctions evasion, plans and intentions of state and nonstate
actors, adversarial technology proliferation, missile
threats, unmanned aerial systems, cruise missiles, ballistic
missiles, air and space domain awareness, and other aerial
threats relevant to the defense of Israel, United States
forces and interests in the region, and regional security
partners.
“\(3\) Limitations on reduction of intelligence sharing.—
“\(A\) In general.—Intelligence sharing and related
security information exchanges with the Government of Israel
shall not be suspended, reduced, or otherwise materially
limited except on the basis of a specific and identifiable
national security concern determined by the President, such
as the protection of intelligence sources and methods,
counterintelligence risk, or another significant security
consideration.
“\(B\) Documentation requirement.—The President shall
document any determination to suspend, reduce, or otherwise
materially limit intelligence sharing or related security
information exchanges with the Government of Israel,
including a description of the national security rationale
supporting the change.
“\(4\) Congressional notification.—
“\(A\) In general.—Not later than 15 days after the date of
any decision to materially increase, suspend, reduce, or
otherwise alter intelligence sharing or related security
information exchanges with the Government of Israel, the
President shall notify the congressional intelligence
committees of such decision.
“\(B\) Elements.—Each notification required by subparagraph
\(A\) shall include the following:
“\(i\) A description of the change in intelligence sharing
or security information exchange.
“\(ii\) The categories of information affected.
“\(iii\) The national security objectives served by the
change.
“\(iv\) In the case of a suspension or reduction, the
specific national security concern supporting the change.
“\(v\) An assessment of the anticipated impact on regional
security, United States forces, and integrated air and
missile defense cooperation.
“\(b\) Intelligence Sharing and Analytic Cooperation With
Abraham Accords Countries.—
“\(1\) In general.—The President, acting through the
Director of National Intelligence and, as necessary, the
Secretary of Defense, shall, consistent with applicable law
and security agreements, expand and enhance intelligence
sharing and analytic cooperation with countries that have
normalized relations with Israel pursuant to the Abraham
Accords \(as defined in section 64\(k\) of the State Department
Basic Authorities Act of 1956 \(22 U.S.C. 2735a\(k\)\) in order
to strengthen regional security integration.
“\(2\) Priority areas.—In carrying out paragraph \(1\), the
President shall prioritize the sharing of appropriate
intelligence and information relating to—
“\(A\) counterterrorism threats and networks, including
state and nonstate aggressors, and terror financing;
“\(B\) cybersecurity threats, vulnerabilities, and defensive
best practices;
“\(C\) air and missile defense early warning and threat
tracking;
“\(D\) geospatial, overhead, and other imaging intelligence
relevant to shared security concerns; and
“\(E\) maritime security threats, including threats to
freedom of navigation, commercial shipping, sanctions
evasion, and regional maritime stability.
“\(3\) Safeguards.—
“\(A\) Adoption of guidelines.—The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall adopt guidelines for intelligence sharing and analytic
cooperation carried out under this subsection that ensure
appropriate safeguards—
“\(i\) to protect intelligence sources and methods; and
“\(ii\) to ensure that recipients maintain adequate security
protections consistent with United States requirements.
“\(B\) Restrictions on access.—If the Director of National
Intelligence determines that a recipient of intelligence
sharing or analytic cooperation carried out under this
subsection has any intelligence, defense, or technological
information sharing relationship with an adversarial nation,
the Director shall restrict all access of such recipient to
such intelligence sharing and analytic cooperation.
“\(c\) Report Required.—
“\(1\) In general.—Not later than 180 days after the date
of the enactment of this section, and annually thereafter for
5 years, the President shall submit to the appropriate
congressional committees a report on the status of United
States intelligence sharing
with the Government Israel and, as appropriate, regional
partners.
“\(2\) Matters to be included.—Each report required by
paragraph \(1\) shall include, to the extent consistent with
the protection of intelligence sources and methods, the
following:
“\(A\) A description of the categories of intelligence and
security information shared by the United States Government
with the Government of Israel.
“\(B\) An assessment of progress toward seamlessly
integrating Israel into regional air and missile defense and
early warning architectures with partner countries, including
those that have normalized relations with Israel pursuant to
the Abraham Accords.
“\(C\) A description of how such intelligence sharing has
contributed, if at all, to—
“\(i\) improved detection, tracking, warning, interception,
or deterrence of aerial threats, including missiles and
unmanned systems, for Israel, United States forces, or
regional partners; and
“\(ii\) the overall stability and coordination of security
in the region.
“\(D\) An assessment of progress in improving
interoperability among technology networks of the United
States, Israel, and partner countries.
“\(E\) A description of efforts to secure technology
networks and data from cyber threats and unauthorized access.
“\(F\) An identification of any legal, policy, technical,
counterintelligence, or security barriers limiting deeper
intelligence integration, including risks to intelligence
sources and methods.
“\(G\) A summary of any significant increases or reductions
in intelligence sharing during the reporting period and the
national security rationale for such changes.
“\(3\) Form.—Each report required by paragraph \(1\) report
shall be submitted in unclassified form but may include a
classified annex.
“\(4\) Appropriate congressional committees defined.—In
this subsection, the term \`appropriate congressional
committees' means—
“\(A\) the congressional intelligence committees; and
“\(B\) to the extent Department of Defense information is
implicated, the congressional defense committees \(as defined
in section 101\(a\) of title 10, United States Code\).”.
\(2\) Clerical amendment.—The table of contents for such Act
is amended by adding at the end the following:
“Sec. 1115. Requirements relating to intelligence sharing.”.
TITLE VII—ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE
COMMUNITY
SEC. 701. ARTIFICIAL INTELLIGENCE EXPLOITATION GUARD AND
INTELLIGENCE SHARING.
\(a\) Definitions.—In this section:
\(1\) Artificial intelligence model.—The term “artificial
intelligence model” means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
\(2\) Center.—The term “Center” means the Artificial
Intelligence Security Center of the National Security Agency.
\(3\) Classified information.—The term “classified
information” has the meaning given such term in section 805
of the National Security Act of 1947 \( 50 U.S.C. 3164\).
\(4\) Cleared industry personnel.—The term “cleared
industry personnel” means employees or representatives of a
covered person who hold an appropriate security clearance and
have a demonstrated need to know.
\(5\) Congressional intelligence committees.—The term
“congressional intelligence committees” has the meaning
given such term in section 3 of the National Security Act of
1947 \( 50 U.S.C. 3003\).
\(6\) Covered person.—The term “covered person” means a
non-Federal person who—
\(A\) is a United States citizen;
\(B\) develops, deploys, or operates artificial intelligence
models or critical enabling infrastructure; and
\(C\) provides the services described in subparagraph \(B\) to
an element of the intelligence community or Department of
Defense.
\(7\) Director.—The term “Director” means the Director of
the National Security Agency.
\(8\) Intelligence.—The term “intelligence” has the
meaning given such term in section 3 of the National Security
Act of 1947 \( 50 U.S.C. 3003\).
\(9\) Intelligence community.—The term “intelligence
community” has the meaning given such term in section 3 of
the National Security Act of 1947 \( 50 U.S.C. 3003\).
\(10\) Security clearance.—The term “security clearance”
means an authorization to access classified information.
\(11\) Threat information.—The term “threat information”
means information on—
\(A\) efforts by foreign adversary countries to use products
or research of covered persons or other entities or
individuals to generate synthetic media for foreign-directed
influence campaigns, develop and manage computer network
exploitation campaigns, design or develop weapons systems, or
enhance surveillance capabilities in ways that undermine the
privacy or threaten the security of citizens of the United
States;
\(B\) threats posed by foreign adversary countries, including
indications of compromise to networks associated with covered
persons and other entities and individuals, or other
technical indicators, indicating a compromise to the
confidentiality, integrity, or availability of an artificial
intelligence system, or to the supply chain of an artificial
intelligence system, including training or test data,
frameworks or software libraries, training or inference
computing environments, or other components necessary for the
training, management, or maintenance of an artificial
intelligence system;
\(C\) activity of foreign entities of concern to
clandestinely, fraudulently, or otherwise maliciously access
the systems of covered persons for purposes of illicit
technology transfer or otherwise gaining unfair economic
advantage, including through techniques to extract a model's
technical capabilities to replicate, develop, or improve a
foreign artificial intelligence model without authorization
by the covered person;
\(D\) activity of foreign entities of concern to sabotage or
otherwise clandestinely degrade artificial intelligence
systems or the supply chain of an artificial intelligence
system, including training or test data, frameworks or
software libraries, training or inference computing
environments, or other components necessary for the training,
management, or maintenance of an artificial intelligence
system; and
\(E\) observations, emerging concerns, or other inputs from
vendors or researchers regarding relevant malicious or
clandestine activity of foreign entities of concern toward an
artificial intelligence system, its supply chain, or other
necessary components.
\(b\) Establishment of Pilot Program on Sharing of
Intelligence and Threat Information With Covered Persons.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Director shall, acting through
the Center, establish a pilot program to assess the
feasibility and advisability of facilitating the secure
sharing with covered persons of intelligence and threat
information germane to the exploitation of access to United
States artificial intelligence systems and enabling
infrastructure to engage in intelligence collection,
intellectual property theft, and other malicious activities.
\(2\) Participation.—The Director may not select covered
persons to participate in the pilot in a manner that provides
a competitive advantage or procurement preference to any
covered person, to the detriment of another covered person.
\(3\) Duration.—The Director shall carry out the pilot
program established pursuant to paragraph \(1\) during the 3-
year period beginning on the date of the establishment of the
pilot program.
\(c\) Participation Requirements.—
\(1\) Criteria.—The Director shall establish criteria
governing engagement with covered persons under the pilot
program required by subsection \(b\), which may include
criteria relating to the following:
\(A\) Relevance to national security.
\(B\) The ability to protect classified or sensitive
intelligence information.
\(C\) Cybersecurity and information security maturity.
\(D\) Agreement to comply with intelligence handling, use,
and nondisclosure requirements.
\(E\) The availability of cleared personnel of covered
persons or willingness of covered persons to increase the
number of cleared personnel.
\(2\) Nature of participation.—Participation in the pilot
program shall not be construed as a certification,
endorsement, or regulatory approval by the United States
Government of any artificial intelligence system or
commercial activity and the Director may not exclude a
covered person from participating on the basis of political
or ideological viewpoints of the covered person or its
employees.
\(d\) Intelligence Sharing Structure.—
\(1\) Authorized modes.—Under the pilot program required by
subsection \(b\), the Director may, acting through the Center,
authorize the sharing of intelligence and threat information
as described in paragraph \(1\) of such subsection through—
\(A\) bilateral exchanges between elements of the
intelligence community and a covered person;
\(B\) multilateral exchanges among covered persons, as
determined appropriate by the Director; or
\(C\) another designated intelligence-sharing mechanism
operated or overseen by the Director.
\(2\) Limitation.—Any mechanism established under this
section shall be limited to the dissemination of intelligence
and threat information and shall not establish standards,
requirements, or best practices governing artificial
intelligence development or deployment.
\(e\) Tailoring, Handling, and Protection of Intelligence.—
\(1\) Procedures required.—The Director shall, acting
through the Center, codify procedures to tailor, sanitize, or
downgrade the classification level of intelligence shared
under the pilot program required by subsection \(b\) to ensure
usability while protecting intelligence sources and methods.
\(2\) Examples of procedures.—The procedures developed under
paragraph \(1\) may include the following:
\(A\) The use of tear lines and segregable summaries.
\(B\) The preparation of classified annexes where necessary.
\(C\) Criteria governing the classification level of shared
intelligence.
\(D\) The appropriate use of cleared industry personnel.
\(3\) Handling requirements.—The Director shall, acting
through the Center, codify policies governing the handling,
storage, and dissemination of intelligence shared under the
pilot program required by subsection \(b\), including audit and
compliance mechanisms.
\(f\) Permissible Use and Nondisclosure.—
\(1\) Permissible use.—Intelligence shared under the pilot
program required by subsection \(b\) may be used solely for
detecting, preventing, or mitigating malicious foreign
activity exploiting access to United States artificial
intelligence systems and enabling infrastructure to engage in
intelligence collection, intellectual property theft, and
other malicious activities.
\(2\) Nondisclosure.—A covered person may not disclose to
any person who is not a covered person or an element of the
intelligence community any intelligence shared with the
covered person under the pilot program required by subsection
\(b\), except as expressly authorized by the Director acting
through the Center.
\(g\) Privacy and Civil Liberties.—In planning and
coordinating the pilot program required by subsection \(b\),
the Director shall, acting through the Center, consult with
the Civil Liberties Protection Officer of the Office of the
Director of National Intelligence.
\(h\) Evaluation and Reporting.—
\(1\) Evaluation.—The Director shall, acting through the
Center, continuously evaluate the effectiveness and risks of
the pilot program established under subsection \(b\).
\(2\) Report.—
\(A\) In general.—Not later than 90 days before the date on
which the pilot program required by paragraph \(1\) of
subsection \(b\) terminates pursuant to paragraph \(2\) of such
subsection, the Director shall, acting through the Center,
submit to the congressional intelligence committees a report
assessing—
\(i\) the effectiveness of intelligence sharing under the
pilot program;
\(ii\) the adequacy of safeguards for sources, methods, and
privacy;
\(iii\) the scope of participation; and
\(iv\) whether the program should be modified, extended, or
terminated.
\(B\) Form.—The report submitted pursuant to subparagraph
\(A\) shall be submitted in unclassified form, but may include
a classified annex.
\(i\) Rule of Construction.—Nothing in this section shall be
construed—
\(1\) to authorize the collection of intelligence on United
States persons not authorized by another provision of law;
\(2\) to require the disclosure of classified information to
unauthorized persons; or
\(3\) to establish commercial, competition, or technology
policy outside the purview of the intelligence community.
\(j\) Exemption From Disclosure; Protection.—Any information
shared by a covered person or other entity or individual with
the United States Government pursuant to this section—
\(1\) shall be exempt from disclosure and withheld, without
discretion, from the public, pursuant to section 552\(b\)\(3\)\(B\)
of title 5, United States Code, and any other provision of
United States law or law of any State, political subdivision
or agency thereof, or Tribe requiring disclosure of
information or records; and
\(2\) shall not be deemed a waiver of any applicable
privilege or protection, including trade secret protection.
SEC. 702. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF
INTELLIGENCE COMMUNITY USE OF ARTIFICIAL
INTELLIGENCE TO SUPPORT TARGETING.
\(a\) Definitions.—In this subsection:
\(1\) Director.—The term “Director” means the Director of
National Intelligence.
\(2\) Intelligence.—The term “Intelligence” has the
meaning given the term in section 3 of the National Security
Act of 1947 \(50 U.S.C. 3003\).
\(b\) Reviews Related to Intelligence Community Use of
Artificial Intelligence to Support Targeting.—
\(1\) Policy and procedure reviews.—
\(A\) In general.—Not later than 60 days after the date of
the enactment of this Act, the Director shall review and
assess the policies and procedures that govern the use by the
intelligence community of artificial intelligence
technologies in the production, or review, of intelligence
used by the United States to inform targeting decisions with
lethal effects.
\(B\) Elements.—In carrying out the review and assessment
required by subparagraph \(A\), the Director shall—
\(i\) assess whether policies and procedures of the
intelligence community that were in effect on the day before
the date of the enactment of this Act adequately address
risks posed by the use of artificial intelligence
technologies in the targeting analysis and development and
civilian harm mitigation processes; and
\(ii\) ensure the review covers all policies of the
intelligence community that regard the production or review
of intelligence, regardless of which element first produced
the intelligence.
\(2\) Workflow reviews.—Not later than 90 days after the
date of the enactment of this Act, the Director shall review
and assess all workflows of the intelligence community that
incorporate artificial intelligence used by the United States
to inform targeting decisions with lethal effects.
\(c\) Artificial Intelligence Errors Exploratory Analysis.—
In carrying out the reviews required by subsection \(b\), the
Director shall direct the National Intelligence Council to
conduct a structured, exploratory analysis that—
\(1\) assess ways in which frontier artificial intelligence
models could exhibit bias or cause errors that undermine
intelligence or other information provided by the
intelligence community that informs targeting accuracy;
\(2\) identify the specific point and cause of error; and
\(3\) provide proposed process mitigations to catch and
correct such mistakes.
\(d\) Consultation.—In carrying out the review and
assessments required by subsection \(b\), the Director shall
consult with the heads of the elements of the intelligence
community whose intelligence is commonly consulted to inform
targeting decisions with lethal effects, such as the National
Geospatial-Intelligence Agency, the Defense Intelligence
Agency, the National Security Agency, and the Central
Intelligence Agency, to solicit input on potential negative
consequences resulting from artificial intelligence supported
analysis, and possible ways to mitigate such consequences.
\(e\) Policies and Directives.—The Director shall issue or
adjust such policies and directives to the intelligence
community as the Director considers appropriate to improve
risk mitigation in light of the review carried out under
subsection \(b\).
\(f\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the reviews
and assessments carried out under subsection \(b\) as well as a
summary of any new policies and directives issued pursuant to
subsection \(e\).
\(2\) Contents.—The report required by paragraph \(1\) shall
include the following:
\(A\) A description of contributions of the intelligence
community to targeting workflows, such as identification of
points of interest, pattern of life analysis, review of
proposed targets, target selection, and civilian impact
reviews, as well as the understanding of the intelligence
community of the delineation of roles and responsibilities
with the Armed Forces where applicable.
\(B\) Identification of any artificial intelligence tools
utilized and for what tasks or purposes they are used.
\(C\) The level of autonomy afforded to the tools, and
whether human review of artificial intelligence system
outputs is required to be conducted prior to dissemination of
materials.
\(D\) The scope of individuals expected to have access to the
materials described in subparagraph \(C\).
\(E\) An explanation of whether and how the capability
limitations of artificial intelligence tools available to
personnel of the intelligence community are communicated to
users, including the cutoff date for the tool's training
data, databases to which it does or does not have access
rights, and the tasks the model has been trained for or
approved for use.
\(3\) Form.—The report submitted pursuant to paragraph \(1\)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 703. IMPROVEMENTS FOR ARTIFICIAL INTELLIGENCE POLICIES,
STANDARDS, AND GUIDANCE FOR INTELLIGENCE
COMMUNITY.
\(a\) In General.—Section 6702 of the Intelligence
Authorization Act for Fiscal Year 2023 \(50 U.S.C. 3334m\) is
amended—
\(1\) in subsection \(b\)—
\(A\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(B\) by inserting after paragraph \(2\) the following:
“\(3\) Study for tracking data generated or modified by an
artificial intelligence system.—The Chief Artificial
Intelligence Officer of the Intelligence Community, in
coordination with the Chief Artificial Intelligence Officer
of each element of the intelligence community, shall examine
whether the intelligence community should identify
intelligence information generated or materially modified by
an artificial intelligence system, including determining what
methods are necessary to preserve such information throughout
the intelligence lifecycle.”;
\(2\) in subsection \(d\), by adding at the end the following:
“\(3\) Process for review of artificial intelligence testing
methodologies and benchmarks.—Consistent with applicable
classification and access policies, the Chief Artificial
Intelligence Officer of the Intelligence Community, in
coordination with the Chief Artificial Intelligence Officer
of each element of the intelligence community, shall—
“\(A\) establish a process to review artificial intelligence
testing methodologies and benchmarks employed within each
element; and
“\(B\) ensure such methodologies and benchmarks remain
commensurate with the capabilities and impacts of systems
being evaluated.”; and
\(3\) by adding at the end the following:
“\(f\) Process to Systematically Track and Evaluate
Incidents.—Not later than 180 days after the date of the
enactment of this
subsection, the Chief Artificial Intelligence Officer of the
Intelligence Community, in coordination with the National
Manager for National Security Systems, shall establish a
process to systematically track and evaluate incidents
associated with compromises to the confidentiality,
integrity, or availability of artificial intelligence systems
within each element of the intelligence community.
“\(g\) Policies for Agentic Artificial Intelligence Systems
and Processes.—
“\(1\) Definition of agentic artificial intelligence system
or process.—In this subsection, the term \`agentic artificial
intelligence system or process'—
“\(A\) means an artificial intelligence system or process
that, given an objective or instruction—
“\(i\) determines the action or sequence of actions to be
taken to accomplish that objective; and
“\(ii\) is capable of executing such actions directly on
information systems, data, or external services; and
“\(B\) does not include a system or process that solely
generates informational or advisory output for a human
operator to act upon.
“\(2\) Review of the adequacy of existing identity,
credential, and access management systems for information
within the intelligence community.—
“\(A\) In general.—Consistent with authority under section
102A\(g\) of the National Security Act of 1947 \(50 U.S.C.
3024\(g\)\), the Director of National Intelligence, in
coordination with the National Manager for National Security
Systems, shall—
“\(i\) not later than 1 year after the date of the enactment
of this paragraph, complete a review of the adequacy of
existing identity, credential, and access management systems
for information within the intelligence community used by
agentic artificial intelligence systems and processes; and
“\(ii\) not permit access to any information within the
intelligence community by an external department or agency
for use in an agentic artificial intelligence system or
process until the review required by clause \(i\) is completed.
“\(B\) Evaluation of effectiveness of mechanisms for agentic
artificial intelligence systems and processes to authenticate
as non-human actors.—The review required by subparagraph
\(A\)\(i\) shall include an evaluation of the effectiveness of
mechanisms for agentic artificial intelligence systems and
processes to authenticate as non-human actors, including the
appropriate delegation of clearance entitlements and the
traceability of any action taken by an agentic artificial
intelligence system or process to a cleared individual on
whose behalf the agentic artificial intelligence system or
process is acting.
“\(3\) Policy guidance.—Upon completion of the review
required by paragraph \(2\), the Director of National
Intelligence, in coordination with the Director of the
National Security Agency, the Director of the National
Reconnaissance Office, and the Director of the National
Geospatial-Intelligence Agency, shall issue appropriate
policy guidance on—
“\(A\) the use of agentic artificial intelligence systems
and processes within the intelligence community; and
“\(B\) the access of agentic artificial intelligence systems
and processes to information within the intelligence
community.
“\(4\) Specific issues relating to agentic artificial
intelligence systems and processes.—In carrying out
paragraph \(3\), the Director of National Intelligence, at a
minimum and to the extent such requirements are not already
replicated in existing processes or policies, consider—
“\(A\) establishing a taxonomy of autonomy and security
risks associated with agentic artificial intelligence systems
and processes that operate on, or have the possibility of
accessing, information within the intelligence community; and
“\(B\) establishing technical controls, processes, and other
mitigation measures to address the risks identified under
subparagraph \(A\), including, at a minimum—
“\(i\) requirements that any element of the intelligence
community or external department or agency incorporating
information from an intelligence community element as part of
an agentic artificial intelligence system or process provide
the relevant element of the intelligence community
controlling such information with documentation of—
“\(I\) the properties of the agentic artificial intelligence
system or process, including the range of additional systems
or data sources it may access \(whether as a system or process
input or as an agent action\), the permissions and
classification entitlements associated with such access, as
well as any relevant model or system documentation, such as
model and system cards;
“\(II\) anticipated mission use cases for any access to
information within the intelligence community in the context
of an agentic artificial intelligence system or process,
including whether any use case constitutes a high-impact
artificial intelligence use as those terms are defined under
existing Federal policies;
“\(III\) procedures to notify relevant intelligence
community elements controlling such information of any
changes to the properties of the agentic artificial
intelligence system or process, to permissions and
classification entitlements, or to anticipated use cases of
such system or process, that might significantly limit the
utility, confidentiality, integrity, or availability of such
information; and
“\(IV\) procedures for intelligence community elements to
promptly notify external intelligence community elements or
departments or agencies of any material changes to upstream
classified data or systems that might significantly limit or
impair the utility, confidentiality, integrity, or
availability of any downstream agentic artificial
intelligence system or process maintained by that external
intelligence community element or department or agency;
“\(ii\) policies and procedures to log any actions, as well
as associated inputs, taken by an agentic artificial
intelligence system or process to information within the
intelligence community, including mechanisms to reverse or
negate unauthorized actions or actions that pose a risk to
the user intent or confidentiality, integrity, or
availability of such information;
“\(iii\) policies and procedures for safeguards, continuous
monitoring, and the detection of security incidents or other
unexpected behavior of an agentic artificial intelligence
system or process, or failures of associated safeguards, that
may pose a threat to the confidentiality, availability, or
integrity of information within the intelligence community;
“\(iv\) policies and procedures for system-level controls of
agentic artificial intelligence systems and processes,
tailored to address each system or process component; and
“\(v\) criteria for the selection of interoperability
standards for agentic artificial intelligence systems and
processes, with preference, to the extent practicable, for
standards that are openly specified, governed in a vendor-
neutral manner, supported by multiple model providers,
extensible to future requirements, and subject to ongoing
independent security review.”.
SEC. 704. ADDITIONAL FUNCTIONS AND REQUIREMENTS OF ARTIFICIAL
INTELLIGENCE SECURITY CENTER.
Section 6504 of the Intelligence Authorization Act for
Fiscal Year 2025 \(division F of Public Law 118-159\) is
amended—
\(1\) in subsection \(c\)—
\(A\) by redesignating paragraph \(3\) as paragraph \(4\); and
\(B\) by inserting after paragraph \(2\) the following new
paragraph \(3\):
“\(3\) Making available a research test-bed to private
sector and academic researchers, on a subsidized basis, to
engage in artificial intelligence security research,
including through the secure provision of access in a secure
environment for pre-deployment testing of to proprietary
third-party models with the consent of the vendors of the
models.”;
\(2\) by redesignating subsection \(d\) as subsection \(f\); and
\(3\) by inserting after subsection \(c\) the following:
“\(d\) Test-bed Requirements.—
“\(1\) Access and terms of usage.—
“\(A\) Researcher access.—The Director shall establish
terms of usage governing researcher access to the test-bed
made available under subsection \(c\)\(3\), with limitations on
researcher publication only to the extent necessary to
protect classified information or proprietary information
concerning third-party models provided through the consent of
model vendors.
“\(B\) Availability to federal agencies.—The Director shall
ensure that the test-bed made available under subsection
\(c\)\(3\) is also made available to other Federal agencies on a
cost-recovery basis.
“\(2\) Use of certain infrastructure and other resources.—
In carrying out subsection \(c\)\(3\), the Director shall
leverage, to the greatest extent practicable, infrastructure
and other resources provided under section 5.2 of Executive
Order 14110 \(88 Fed. Reg. 75191; relating to safe, secure,
and trustworthy development and use of artificial
intelligence\).
“\(3\) Voluntary security guidance.—In order to incentivize
participation by vendors of leading commercial models and to
promote the national security of the United States, the
Director shall share relevant guidance, informed by pre-
deployment testing in the secure test-bed environment
identified in subsection \(c\), to inform voluntary vendor
actions to mitigate against potential security threats to
such models, or the ability of foreign actors to utilize such
models for computer network exploitation campaigns, the
design or development of weapons systems, or to further
foreign surveillance capabilities.”.
SEC. 705. REPORTS ON NOVEL USES OF ARTIFICIAL INTELLIGENCE
TECHNOLOGY.
\(a\) Definition.—In this section, the term “novel use of
artificial intelligence technology” means—
\(1\) an artificial intelligence capability or series of
capabilities combined that has not previously been included
in an intelligence community element's inventory of
artificial intelligence use cases consistent with guidance
issued pursuant to section 6702\(b\) of the Intelligence
Authorization Act for Fiscal Year 2023 \(50 U.S.C. 3334m\(b\)\);
\(2\) a use of an artificial intelligence capability that
contravenes a restriction on the use of artificial
intelligence contained in such an inventory; or
\(3\) a use of an artificial intelligence capability that
constitutes a high-impact artificial intelligence use as that
term is defined under policies of the executive branch.
\(b\) In General.—Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Director of National Intelligence, in coordination with
the heads of the other elements of the intelligence
community, shall submit to the congressional intelligence
committees a consolidated report detailing any novel use of
artificial intelligence technology that any element of the
intelligence community is considering employing within the
one-year period following submission of such report.
\(c\) Contents.—Each report submitted pursuant to subsection
\(b\) shall describe the proposed novel use of artificial
intelligence technology, including—
\(1\) hardware and software requirements;
\(2\) the proposed application of the technology;
\(3\) the risks and advantages assessed with respect to the
proposed novel use;
\(4\) any specific risk mitigation measures contemplated,
including measures specific to the proposed novel use;
\(5\) any test and evaluation activities conducted in
conjunction with the proposed novel use;
\(6\) any additional test and evaluation activity that is
still needed, and whether the intelligence community has
resources to conduct and fund such activity; and
\(7\) any estimated cost increases anticipated in connection
with the proposed novel use.
\(d\) Form.—Each report submitted pursuant to subsection \(b\)
shall be submitted in classified form.
\(e\) Sunset.—This section shall expire on October 1, 2032.
SEC. 706. CLEAR LABELING OF ARTIFICIAL INTELLIGENCE OUTPUTS
FOR TARGETING WORKFLOWS.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in
coordination with the Chief Artificial Intelligence Officers
of the elements of the intelligence community, establish a
policy that applies to elements of the intelligence
community, which generate intelligence that could reasonably
be judged useful to develop or inform targeting with lethal
effects, and that requires—
\(1\) labeling of outputs from any artificial intelligence
system used in the development of such intelligence are
clearly marked to indicate—
\(A\) that artificial intelligence was used;
\(B\) the artificial intelligence system or model used;
\(C\) the manner in which, or task for which, the artificial
intelligence was used; and
\(D\) a point of contact such as the relevant Chief
Artificial Intelligence Officer, who can address questions
about data inputs, system access, or artificial intelligence
system performance; and
\(2\) the label or indicator that is used pursuant to
paragraph \(1\) is attached to the resulting data or work
product in a manner that remains prominent and visible to any
person who subsequently interacts with that data on a system
of the intelligence community, regardless of organizational
affiliation of the person or the role of the person in
developing the data.
SEC. 707. RESEARCH ON USE OF ARTIFICIAL INTELLIGENCE RELATING
TO INADVERTENT ESCALATION.
\(a\) Requirement.—Not later than 90 days after the date of
the enactment of this Act and subject to the availability of
appropriations, the Director of the Intelligence Advanced
Research Projects Activity, in coordination with the Chief
Artificial Intelligence Officer of the Intelligence
Community, shall commence a research campaign to deepen the
understanding of the intelligence community with respect to
specific ways in which the use of artificial intelligence
systems by the intelligence community could contribute to
inadvertent escalation with foreign nations or actors.
\(b\) Elements.—The research campaign required by subsection
\(a\) shall include—
\(1\) the identification of scenarios in which artificial
intelligence capabilities could contribute to inadvertent
escalation with foreign nations or actors, including—
\(A\) analytic judgments that fail to properly consider or
weigh alternative explanations;
\(B\) automation of imagery classification or signals
intelligence;
\(C\) distinguishing between civilians and authorized
targets;
\(D\) operational uses of artificial intelligence, such as
time-constrained uses that do not allow for independent
verification; and
\(E\) such other scenarios as identified by the Director or
participating subject matter experts;
\(2\) a simulation of select scenarios to discern where
miscommunication or miscalculations have a higher likelihood
of occurrence; and
\(3\)\(A\) an identification of potential mitigations for
vulnerabilities discovered; or
\(B\) if no mitigation could be identified, an identification
of vulnerabilities that require follow-up action by the
intelligence community.
\(c\) Briefings.—
\(1\) Congress.—Not later than 180 days after the date of
the enactment of this Act, or 30 days after the date of
completion of the research campaign required by subsection
\(a\), whichever occurs first, the Director of the Intelligence
Advanced Research Projects Activity, in coordination with the
Chief Artificial Intelligence Officer of the Intelligence
Community, shall brief the congressional intelligence
committees on the findings and recommendations of the
research campaign.
\(2\) Intelligence community.—The Director of the
Intelligence Advanced Research Projects Activity, in
coordination with the Chief Artificial Intelligence Officer
of the Intelligence Community, shall brief the heads and
Chief Artificial Intelligence Officers of the elements of the
intelligence community on the findings and recommendations of
the research campaign required by subsection \(a\), as
appropriate.
SEC. 708. RESEARCH ON INTERACTION OF ADVERSARIAL ARTIFICIAL
INTELLIGENCE SYSTEMS WITH INTELLIGENCE
COMMUNITY SYSTEMS.
\(a\) Requirement.—Not later than 90 days after the date of
the enactment of this Act and subject to the availability of
appropriations, the Director of the Intelligence Advanced
Research Projects Activity, in coordination with the Chief
Artificial Intelligence Officer of the Intelligence
Community, shall commence a research campaign to deepen the
understanding of the intelligence community with respect to
novel dynamics and vulnerabilities that may arise when an
adversarial artificial intelligence system interacts directly
with systems of, or contracted by, the intelligence community
that include artificial intelligence components.
\(b\) Elements.—The research campaign required by subsection
\(a\) shall—
\(1\) pursue sandbox demonstrations with frontier artificial
intelligence models or leverage other tactics necessary to
uncover vulnerabilities to intelligence community systems,
infrastructure, or personnel that may result from—
\(A\) the accelerated development of artificial intelligence
capabilities by foreign nations;
\(B\) the increasing access that non-state and criminal
actors have to commercial artificial intelligence tools that
can identify vulnerabilities and propose or orchestrate
attacks; and
\(C\) the potential for artificial intelligence systems to
interact directly with each other during an attack; and
\(2\) pursue findings, including—
\(A\) an identification of potential mitigations for unique
vulnerabilities discovered; or
\(B\) if no mitigation could be identified, an identification
of vulnerabilities that require follow-up action by the
intelligence community.
\(c\) Briefings.—
\(1\) Congress.—Not later than 180 days after the date of
the enactment of this Act, or 30 days after the date of
completion of the research campaign required by subsection
\(a\), whichever occurs first, the Director of the Intelligence
Advanced Research Projects Activity, in coordination with the
Chief Artificial Intelligence Officer of the Intelligence
Community, shall brief the congressional intelligence
committees on the findings and recommendations of the
research campaign.
\(2\) Intelligence community.—The Director of the
Intelligence Advanced Research Projects Activity, in
coordination with the Chief Artificial Intelligence Officer
of the Intelligence Community, shall brief the heads and
Chief Artificial Intelligence Officers of the elements of the
intelligence community on the findings and recommendations of
the research campaign required by subsection \(a\), as
appropriate.
SEC. 709. PROLIFERATION ASSESSMENTS REGARDING ARTIFICIAL
INTELLIGENCE TECHNOLOGY.
\(a\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the congressional intelligence committees; and
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
\(2\) Controlled artificial intelligence technology.—The
term “controlled artificial intelligence technology”
means—
\(A\) any United States-origin model weights, semiconductors,
and semiconductor manufacturing equipment as classified under
Export Control Classification Number 3A090, 4A090, 4E091,
3B001, 3B002, or 3B994 of the Commerce Control List or
corresponding entries in the Export Administration
Regulation, as in effect on the day before the date of the
enactment of this Act, or any subsequent revisions to the
Commerce Control List as may be amended by the Bureau of
Industry and Security; or
\(B\) any other related technology that the Director of
National Intelligence, in coordination with the Director of
the National Security Agency and the Director of the Central
Intelligence Agency, determines could pose a potential risk
to the national security of the United States if proliferated
to adversaries of the United States.
\(3\) Export control terms.—The terms “export”, “Export
Administration Regulations”, “in-country transfer”,
“reexport”, and “United States person” have the meanings
given those terms in section 1742 of the Export Control
Reform Act of 2018 \(50 U.S.C. 4801\).
\(b\) Statement of Policy.—It shall be the policy of the
intelligence community to prioritize collection and analysis
on the proliferation risks associated with controlled
artificial intelligence technology acquisitions that could be
exploited by adversaries of the United States.
\(c\) Requirement.—Not more than 90 days after the date of
the enactment of this Act, not less frequently than once
every 180 days thereafter, and not later than 30 days after
any supplemental request by the congressional intelligence
committees, the Director
of National Intelligence shall, acting through the National
Intelligence Council and in coordination with the Director of
the Central Intelligence Agency, the Assistant Secretary of
State for Intelligence and Research, the Director of the
National Security Agency, and the such heads of other
elements of the intelligence community as the Director of
National Intelligence considers appropriate, submit to the
appropriate congressional committees a written assessment
regarding the risks associated with the proliferation of
controlled artificial intelligence technology to countries of
proliferation concern.
\(d\) Substance.—Each report submitted under subsection \(c\)
shall include the assessment of the intelligence community of
the proliferation consequences for United States national
security, including an assessment of—
\(1\) the acquiring country's export control system with
respect to controlled artificial intelligence technology,
including integrated circuits, integrated circuit design
software, tools, and manufacturing equipment;
\(2\) information on any past, present, or expected
interactions, including commercial ties and cooperation,
between commercial entities or government entities in the
acquiring country and other countries of proliferation
concern, including the People's Republic of China and the
Russian Federation;
\(3\) actual or suspected transfers of controlled artificial
intelligence technology to such countries, including the
People's Republic of China and the Russian Federation;
\(4\) the consequences that onward proliferation of United
States controlled artificial intelligence technology from the
acquiring country would have for United States efforts to
both deny adversaries access to controlled artificial
intelligence technology and maintain a significant
competitive advantage in frontier artificial intelligence
development, integrated design, and integrated manufacturing,
especially relative to the progress of the People's Republic
of China and the Russian Federation;
\(5\) the capacity of the intelligence community and United
States commercial entities to have near real-time awareness
of the any potential technology leakage or export violations
by the acquiring country;
\(6\) potential measures that the intelligence community
assesses could reasonably be taken by the acquiring country
to mitigate both the proliferation concerns identified by the
intelligence community and the consequences of any potential
onward proliferation as detailed in paragraph \(4\);
\(7\) whether acquisition of controlled artificial
intelligence technology would reinforce United States
artificial intelligence dominance;
\(8\) the intended and likely end-uses, including military,
intelligence, and domestic surveillance applications, and
whether such uses are consistent with United States national
security interests; and
\(9\) current and planned agreements and arrangements between
the United States and the government of the acquiring
country.
\(e\) Form.—Each report submitted under subsection \(c\) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 710. REVIEW OF ARTIFICIAL INTELLIGENCE SECURITY
VULNERABILITIES UNDER VULNERABILITIES EQUITIES
PROCESS.
\(a\) Definitions.—In this section:
\(1\) Artificial intelligence security vulnerability.—The
term “artificial intelligence security vulnerability” means
a weakness in an artificial intelligence system that could be
exploited by a third party to subvert, without authorization,
the privacy, integrity, or availability of an artificial
intelligence system, including through techniques such as—
\(A\) evasion attacks;
\(B\) poisoning attacks;
\(C\) privacy-based attacks;
\(D\) model theft or extraction attacks; and
\(E\) attacks designed to circumvent or degrade the safety,
alignment, or access control mechanisms of an artificial
intelligence system.
\(2\) Artificial intelligence system.—The term “artificial
intelligence system” means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
\(3\) Vulnerabilities equities policy and process document.—
The term “Vulnerabilities Equities Policy and Process
document” means the executive branch document entitled
“Vulnerabilities Equities Policy and Process for the United
States Government” dated November 15, 2017.
\(4\) Vulnerabilities equities process.—The term
“Vulnerabilities Equities Process” means the interagency
review of vulnerabilities carried out pursuant to the
Vulnerabilities Equities Policy and Process document or any
successor document.
\(b\) Evaluation; Report.—Not later than 90 days after the
date of the enactment of this Act, the Director of the
National Security Agency shall—
\(1\) evaluate whether the existing Vulnerabilities Equities
Process sufficiently accommodates the submission and review
of artificial intelligence security vulnerabilities; and
\(2\) submit to the congressional intelligence committees a
report describing the applicability of the Vulnerabilities
Equities Process to such vulnerabilities, including whether
the submission and review of such vulnerabilities under the
Vulnerabilities Equities Process would result in an unduly
large volume of notifications to affected vendors and, if so,
an assessment of mechanisms to manage the volume of such
notifications.
\(c\) Process.—In carrying out subsection \(b\), if the
Director of the National Security Agency determines that the
existing Vulnerabilities Equities Process does not
sufficiently accommodate the submission and review of
artificial intelligence security vulnerabilities identified
by elements of the intelligence community, and that such
vulnerabilities present public interest considerations
meriting review under the Vulnerabilities Equities Process,
the Director shall establish a process for the submission and
review of such vulnerabilities under the Vulnerabilities
Equities Process not later than 30 days after the date of
such determination.
\(d\) Briefing on Vulnerabilities Identified by Artificial
Intelligence Systems.—Not later than 90 days after the date
of the enactment of this Act, the Director of the National
Security Agency shall provide the congressional intelligence
committees with a briefing on—
\(1\) the volume of vulnerabilities of information systems
identified by artificial intelligence systems;
\(2\) the impact of any change in such volume on the
functioning of the Vulnerabilities Equities Process; and
\(3\) whether the increasingly rapid discovery and
exploitation of such vulnerabilities by external cyber actors
using artificial intelligence systems materially alters the
equity of disclosure.
\(e\) Consultation Required.—The Director of the National
Security Agency shall carry out subsections \(b\), \(c\), and \(d\)
in consultation with—
\(1\) the Director of the Central Intelligence Agency;
\(2\) the Director of the Federal Bureau of Investigation;
and
\(3\) other entities as the Director of the National Security
Agency considers appropriate.
SEC. 711. PROHIBITION ON CERTAIN ARTIFICIAL INTELLIGENCE
MODELS ON INTELLIGENCE COMMUNITY SYSTEMS.
\(a\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means the following:
\(A\) The congressional intelligence committees.
\(B\) The Committee on Appropriations of the Senate.
\(C\) The Committee on Appropriations of the House of
Representatives.
\(2\) Artificial intelligence model.—The term “artificial
intelligence model” means a capability or series of
capabilities combined that can, for a given set of
objectives, generate outputs such as predictions,
recommendations, or decisions without human intervention or
input.
\(3\) Child pornography.—The term “child pornography” has
the meaning given that term in section 2256 of title 18,
United States Code.
\(4\) Covered application.—The term “covered application”
means any specific artificial intelligence model that has
been confirmed by a head of an element of the intelligence
community, or their designee, as—
\(A\) failing to comply with the National Institute of
Standard and Technology Artificial Intelligence Risk
Management Framework: Generative Artificial Intelligence
Profile with respect to “obscene, degrading, and/or abusive
content”, or a successor standard or framework, to the
extent the framework applies to synthetic child sexual abuse
material or non-consensual intimate images of adults;
\(B\) subject to a Federal court determination that such
artificial intelligence model has generated content depicting
child pornography; or
\(C\) subject to a Federal court determination that such
artificial intelligence model has generated non-consensual
intimate visual depictions of an identifiable adult or a
minor.
\(5\) Intimate visual depiction.—The term “intimate visual
depiction” has the meaning given that term in section 1309
of the Violence Against Women Act Reauthorization Act of 2022
\(15 U.S.C. 6851\).
\(b\) Prohibition.—
\(1\) In general.—The acquisition or use of any covered
application on national security systems operated by an
element of the intelligence community or by a contractor of
such element is prohibited unless the appropriate safeguards
described in subsection \(c\) can be implemented.
\(2\) Implementation.—
\(A\) Initial removal.—Not later than 180 days after the
date of the enactment of this Act, any covered application
shall be required to be removed from national security
systems operated by an element of the intelligence community
or a contractor of such element.
\(B\) Subsequent removals.—Beginning after the 180-day
period described in subparagraph \(A\), any artificial
intelligence model that becomes a covered application shall
be required to be removed from national security systems
operated by an element of the intelligence community or a
contractor of such element not later than 180 days after the
date that the model is confirmed by the
head of an element of the intelligence community, or their
designee, to be a covered application.
\(c\) Safeguards.—
\(1\) In general.—The head of an element of the intelligence
community may implement additional safeguards that prohibit
the generation of child pornography or non-consensual
intimate visual depictions of an identifiable adult or a
minor.
\(2\) Certification required.—The head of an element of the
intelligence community shall certify to the Director of
National Intelligence that safeguards implemented under
paragraph \(1\) are sufficient to prevent misuse of covered
applications to generate child pornography or intimate visual
depictions of a minor.
\(3\) Congressional notification.—The head of an element of
the intelligence community that issues a certification
pursuant to paragraph \(2\) shall notify the appropriate
committees of Congress of such certification not later than 7
days after issuing such certification. Such a notification
shall identify the safeguards implemented pursuant to
paragraph \(1\).
\(d\) National Security and Research Waiver.—
\(1\) In general.—The head of an element of the intelligence
community may issue a waiver for any artificial intelligence
model that would otherwise be subject to the prohibition
under subsection \(b\) if the head identifies a national
security or research justification for such artificial
intelligence model that benefits the intelligence community.
\(2\) Congressional notification.—Not later than 7 days
after issuing a waiver pursuant to paragraph \(1\), the head of
the element of the intelligence community that issues such
waiver shall submit to the appropriate committees of Congress
a notification that includes—
\(A\) an identification of the national security or research
justification for such usage;
\(B\) an estimate of the approximate cost of such usage; and
\(C\) a plan to implement a safeguard in such a way as to
allow for continued usage consistent with the general
prohibition described in subsections \(b\)\(1\) and \(c\)\(1\).
\(e\) Cure.—If a covered application is identified for
removal or is disqualified from use or acquisition pursuant
to this section, the head of an element of the intelligence
community may offer the provider of the covered application
an opportunity to cure performance to avoid removal pursuant
to subsection \(b\)\(2\).
TITLE VIII—OTHER MATTERS
SEC. 801. MODIFICATION TO NOTIFICATION REQUIREMENTS FOR
AUTHORIZED AND ORDERED DEPARTURES.
Section 5173\(e\) of the Department of State Authorization
Act for Fiscal Year 2026 \(22 U.S.C. 4865 note; division E of
Public Law 119-60\) is amended—
\(1\) in paragraph \(1\), by inserting “, the Permanent Select
Committee on Intelligence, the Committee on Armed Services,”
after “Foreign Affairs”; and
\(2\) in paragraph \(2\), by inserting “, the Select Committee
on Intelligence, the Committee on Armed Services,” after
“Foreign Relations”.
SEC. 802. IDENTIFICATION OF REALLOCABLE FREQUENCIES.
Section 113 of the National Telecommunications and
Information Administration Organization Act \(47 U.S.C. 923\)
is amended—
\(1\) in subsection \(h\)\(7\)\(A\)—
\(A\) in clause \(i\), by redesignating subclauses \(I\) and \(II\)
as items \(aa\) and \(bb\), respectively, and adjusting the
margins accordingly;
\(B\) by redesignating clauses \(i\) and \(ii\) as subclauses \(I\)
and \(II\), respectively, and adjusting the margins
accordingly;
\(C\) by striking “If any of the information” and inserting
the following:
“\(i\) In general.—If a portion of the information”; and
\(D\) by adding at the end the following:
“\(ii\) Full classification.—
“\(I\) In general.—Notwithstanding paragraphs \(5\) and \(6\),
if the classification of information required to be included
in the transition plan of a Federal entity prohibits even the
public release of a redacted transition plan, as determined
by the head of the Federal entity, the Federal entity shall—
“\(aa\) notify the NTIA that the entire transition plan must
be classified and that even a redacted version cannot be made
public; and
“\(bb\) classify the transition plan in accordance with the
levels of materials contained in the transition plan.
“\(II\) Rule of construction.—Nothing in subclause \(I\) may
be construed as relieving a Federal entity from the
requirement under paragraph \(1\) to submit to the NTIA and to
the Technical Panel established by paragraph \(3\) a transition
plan for the implementation by such entity of the applicable
relocation or sharing arrangement.”; and
\(2\) in subsection \(l\)—
\(A\) by striking “For purposes of” and inserting the
following:
“\(1\) In general.—For purposes of”; and
\(B\) by adding at the end the following:
“\(2\) Elements of the intelligence community.—
Notwithstanding paragraph \(1\) or any other provision of this
part, each element of the intelligence community \(as defined
in section 3 of the National Security Act of 1947 \(50 U.S.C.
3003\)\) shall be considered a Federal entity and shall be
eligible to receive payment from the Spectrum Relocation Fund
for any auction-related relocation or sharing costs incurred
by the element regardless of the existence of a Government
station license.”.
SEC. 803. INTELLIGENCE SUPPORT TO THE U.S. INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION.
The Director of National Intelligence, in coordination with
the heads of the other elements of the intelligence
community, shall provide intelligence and analytic support to
the U.S. International Development Finance Corporation to
ensure all projects of the Corporation are appropriately
informed and strategically executed in accordance with the
purpose of the Corporation as described in section 1412\(b\) of
the BUILD Act of 2018 \(22 U.S.C. 9612\(b\)\).
SEC. 804. ESTABLISHING PROCESSES AND PROCEDURES FOR
PROTECTING FEDERAL RESERVE INFORMATION.
\(a\) In General.—The Director of National Intelligence, in
coordination with the Director of the Federal Bureau of
Investigation, and in consultation with the relevant heads of
the elements of the intelligence community, as determined by
the Directors, shall—
\(1\) brief the Board of Governors of the Federal Reserve
System on foreign threats to the Federal Reserve System; and
\(2\) work with the Chair of the Board of Governors of the
Federal Reserve System to create and implement standardized
security and classification measures for protecting
information collected, generated, and stored by the Federal
Reserve System.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
the Director of the Federal Bureau of Investigation, and the
Chair of the Board of Governors of the Federal Reserve System
shall jointly submit to the appropriate congressional
committees a report detailing the status of implementing the
security measures described in subsection \(a\).
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the congressional intelligence committees;
\(2\) the Committee on the Judiciary and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
\(3\) the Committee on the Judiciary and the Committee on
Financial Services of the House of Representatives.
SEC. 805. OFFENSES INVOLVING ESPIONAGE.
\(a\) In General.—Chapter 213 of title 18, United States
Code, is amended by adding at the end the following:
“Sec. 3302. Espionage offenses
“Notwithstanding any other provision of law, an indictment
may be found or an information may be instituted at any time
without limitation for a violation of section 794 or a
conspiracy to violate such section.”.
\(b\) Clerical Amendment.—The table of sections for chapter
213 of title 18, United States Code, is amended by adding at
the end the following:
“3302. Espionage offenses.”.
\(c\) Applicability.—The amendment made by subsection \(a\)—
\(1\) subject to paragraph \(2\) of this subsection, shall
apply to an offense committed before, on, or after the date
of enactment of this Act; and
\(2\) shall not authorize the prosecution of any offense for
which the applicable statute of limitations expired before
the date of enactment of this Act.
\(d\) Conforming Amendment.—Section 19 of the Internal
Security Act of 1950 \(18 U.S.C. 792 note; 64 Stat. 1005\) is
amended by striking “, 793, or 794” and inserting “or
793”.
SEC. 806. PARENTAL BEREAVEMENT LEAVE.
Section 6329d\(b\)\(1\) of title 5, United States Code, is
amended by inserting “, including any instance of the
natural or spontaneous loss of an unborn child \(as defined in
section 1841\(d\) of title 18\), such as through miscarriage,
stillbirth, or a loss that occurs due to a medical
intervention for a pregnancy emergency, such as the treatment
of an ectopic pregnancy” after “of the employee”.
SEC. 807. DEFINITION OF FOREIGN INSTRUMENTALITY FOR PURPOSES
OF ECONOMIC ESPIONAGE PROHIBITION.
Section 1839\(1\) of title 18, United States Code, is
amended—
\(1\) by striking “that is substantially owned” and
inserting the following: “that is—
“\(A\) substantially owned”; and
\(2\) by adding at the end the following: “or
“\(B\) domiciled in a covered nation, as defined in section
4872 of title 10;”.
SEC. 808. PROTECTION OF TRADE SECRETS.
\(a\) Requiring Advantage to Foreign Entity or Injury to
United States Under Economic Espionage Statute.—Section
1831\(a\) of title 18, United States Code, is amended, in the
matter preceding paragraph \(1\), by striking “benefit any
foreign government, foreign instrumentality, or foreign
agent” and inserting “provide any advantage to a foreign
government, foreign instrumentality, or foreign agent, or
injure or disadvantage in any way the United States, an
instrumentality of the United States, or an agent of the
United States”.
\(b\) Extending Jurisdiction Over Economic Espionage and
Trade Secret Offenses.—Section 1837 of title 18, United
States Code, is amended—
\(1\) in paragraph \(1\), by striking “or” at the end;
\(2\) in paragraph \(2\), by striking the period at the end and
inserting a semicolon; and
\(3\) by adding at the end the following:
“\(3\) the victim is—
“\(A\) a natural person who is a citizen or permanent
resident alien of the United States; or
“\(B\) a person, including an organization, headquartered or
incorporated in the United States; or
“\(4\) an act committed in furtherance of the offense used
or took place through—
“\(A\) communications in interstate or foreign commerce; or
“\(B\) financial infrastructure in the United States.”.
\(c\) Criminalizing Unauthorized Transmission of Trade
Secrets Outside the United States.—Section 1832 of title 18,
United States Code, is amended by adding at the end the
following:
“\(c\) Transmission of Trade Secrets Outside the United
States.—
“\(1\) Offense.—It shall be unlawful for a person, knowing
that prior authorization is required, without such
authorization to knowingly—
“\(A\) transmit a trade secret outside the United States;
“\(B\) attempt to commit an offense described in
subparagraph \(A\); or
“\(C\) conspire with one or more other persons to commit an
offense described in subparagraph \(A\).
“\(2\) Penalties.—
“\(A\) In general.—Except as provided in subparagraph \(B\),
any person who violates paragraph \(1\) shall be fined not more
than $5,000,000, imprisoned not more than 5 years, or both.
“\(B\) Organizations.—Any organization that commits an
offense described in paragraph \(1\) shall be fined not less
than 3 times the value of the stolen trade secret to the
victim, including expenses for research and design and other
costs of reproducing the trade secret that the organization
has thus avoided.”.
\(d\) Criminalizing Inciting Economic Espionage and Theft of
Trade Secrets.—Chapter 90 of title 18, United States Code,
is amended—
\(1\) in section 1831, by adding at the end the following:
“\(c\) Incitement or Solicitation of Economic Espionage.—
“\(1\) In general.—It shall be unlawful for a person to
solicit, command, induce, or otherwise endeavor to persuade
another person to engage in an offense described in
subsection \(a\).
“\(2\) Penalties.—Any person who violates paragraph \(1\)
shall be fined under this title or imprisoned not more than
10 years, or both.
“\(d\) Rule of Construction.—Nothing in this section shall
be construed to limit or abridge—
“\(1\) any right protected under the Constitution of the
United States; or
“\(2\) any whistleblowing procedure under any Federal
statute.”; and
\(2\) in section 1832, as amended by subsection \(c\), by
adding at the end the following:
“\(d\) Incitement or Solicitation of Theft of Trade
Secrets.—
“\(1\) In general.—It shall be unlawful for a person to
knowingly solicit, command, induce, or otherwise endeavor to
persuade another person to engage in an offense described in
subsection \(a\) or \(c\).
“\(2\) Penalties.—Any person who violates paragraph \(1\)
shall be fined under this title or imprisoned not more than
10 years, or both.
“\(e\) Rule of Construction.—Nothing in this section shall
be construed to limit or abridge—
“\(1\) any right protected under the Constitution of the
United States; or
“\(2\) any whistleblowing procedure under any Federal
statute.”.
\(e\) Definition of Foreign Instrumentality for Purposes of
Economic Espionage Prohibition.—Section 1839\(1\) of title 18,
United States Code, is amended—
\(1\) by striking “that is substantially owned” and
inserting the following: “that is—
“\(A\) substantially owned”; and
\(2\) by adding at the end the following: “or
“\(B\) domiciled in a covered nation, as defined in section
4872 of title 10, provided that, for purposes of this
subparagraph, an organization, corporation, firm, or entity—
“\(i\) is domiciled in a covered nation only if it is
organized under the laws of that nation or maintains its
principal place of business in that nation; and
“\(ii\) shall not be considered domiciled in a covered
nation solely because it conducts business operations,
maintains offices or facilities, owns property, or has
employees, subsidiaries, or affiliates in that nation, unless
such subsidiaries or affiliates are substantially owned or
controlled by that nation;”.
SEC. 809. TECHNICAL AMENDMENTS.
\(a\) Definition of Armed Forces in National Security Act of
1947.—Section 605\(8\) of the National Security Act of 1947
\(50 U.S.C. 3126\(8\)\) is amended by inserting “Space Force,”
after “Marine Corps,”.
\(b\) National Intelligence University.—Section 6801\(a\)\(4\)
of the Intelligence Authorization Act for Fiscal Year 2026
\(Public Law 119-60\) is amended in the matter preceding
subparagraph \(A\) by striking “3327” and inserting “3227”.
SA 6374. Mr. KELLY \(for himself, Mr. Warnock, and Ms. Warren\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. NOTIFICATIONS TO CONGRESS OF ARRESTS OF MEMBERS OF
THE ARMED FORCES BY DEPARTMENT OF HOMELAND
SECURITY.
Not later than 24 hours after learning that a member of the
Armed Forces, or a family member of such a member, has been
detained by a component of the Department of Homeland
Security, the Secretary of Defense shall notify the
Committees on Armed Services of the Senate and the House of
Representatives of the detention.
SA 6375. Mr. KELLY \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PURCHASES OF SEMICONDUCTOR MANUFACTURING EQUIPMENT.
\(a\) Short Title.—This section may be cited as the “Chip
Equipment Quality, Usefulness, and Integrity Protection Act
of 2026” or the “Chip EQUIP Act”.
\(b\) Definitions.—Section 9901 of the William M. \(Mac\)
Thornberry National Defense Authorization Act for Fiscal Year
2021 \(15 U.S.C. 4651\) is amended by adding at the end the
following:
“\(14\) The term \`completed, fully assembled', with respect
to semiconductor manufacturing equipment, means the state in
which all \(or substantially all\) necessary parts, chambers,
subsystems, and subcomponents have been put together,
resulting in such equipment that is—
“\(A\) ready-to-use or ready-to-install; and
“\(B\) ready to be purchased directly from an entity.
“\(15\) The term \`ineligible semiconductor manufacturing
equipment'—
“\(A\) means completed, fully assembled equipment that is
manufactured, assembled, or refurbished by a foreign entity
of concern, or a subsidiary or affiliate thereof, and
designed for use in the fabrication, assembly, testing,
advanced packaging, production, or research and development
of semiconductors;
“\(B\) includes—
“\(i\) deposition equipment;
“\(ii\) etching equipment;
“\(iii\) lithography equipment;
“\(iv\) inspection, measuring, and test equipment;
“\(v\) wafer slicing equipment;
“\(vi\) wafer dicing equipment;
“\(vii\) wire bonders;
“\(viii\) ion implantation equipment;
“\(ix\) chemical mechanical polishing;
“\(x\) diffusion or oxidation furnaces;
“\(xi\) thermal processing equipment; and
“\(xii\) automated material handling systems; and
“\(C\) does not include any part, chamber, subsystem, or
subcomponent that enables or is incorporated into such
equipment.”.
\(c\) Ineligible Use of Funds.—Section 9909 of the William
M. \(Mac\) Thornberry National Defense Authorization Act for
Fiscal Year 2021 \(15 U.S.C. 4659\) is amended—
\(1\) by redesignating subsection \(f\) as subsection \(g\); and
\(2\) by inserting after subsection \(e\) the following new
subsection:
“\(f\) Ineligible Use of Funds.—
“\(1\) In general.—Subject to paragraphs \(2\) and \(3\), the
Secretary shall include in the terms of each agreement with a
covered entity for the award of Federal financial assistance
under section 9902, or with the recipient of an award made
under section 9906, prohibitions with respect to a project
relating to the procurement, installation, or use of
ineligible semiconductor manufacturing equipment, to be
effective for 10 years beginning on the date on which the
agreement is signed.
“\(2\) Waiver.—The Secretary may waive the prohibitions
referred to in paragraph \(1\) if—
“\(A\) the ineligible semiconductor manufacturing equipment
to be purchased by the applicable covered entity is not
produced in the United States or an allied or partner country
in sufficient and reasonably available quantities or of a
satisfactory quality to support established or expected
production capabilities;
“\(B\) the ineligible semiconductor manufacturing equipment
at issue was manufactured and assembled by an entity that is
not a foreign entity of concern, or a subsidiary or affiliate
thereof, and was refurbished by a foreign entity of concern,
or a subsidiary or affiliate thereof; or
“\(C\)\(i\) the use of the ineligible semiconductor
manufacturing equipment complies with the requirements set
forth in the Export Administration Regulations \(as such
term is defined in section 1742 of the Export Control Reform
Act of 2018 \(50 U.S.C. 4801\)\); and
“\(ii\) the Secretary, in consultation with the Director of
National Intelligence or the Secretary of Defense, determines
such waiver is in the national security interest of the
United States.
“\(3\) Prior waivers.—
“\(A\) In general.—The prohibitions referred to in
paragraph \(1\) shall not apply to any ineligible semiconductor
manufacturing equipment that—
“\(i\) has been installed by the applicable covered entity
prior to the date of enactment of the Chip EQUIP Act; or
“\(ii\) is allowed to be procured, installed, or used by the
applicable covered entity under the terms of an agreement
that was entered into before the date of enactment of the
Chip EQUIP Act between the Secretary and the covered entity.
“\(B\) Limitation.—Nothing in clause \(ii\) of subparagraph
\(A\) shall be construed to authorize the procurement,
installation, or use of ineligible semiconductor
manufacturing equipment that is not allowed under the terms
of an agreement entered into prior to the date of enactment
of the Chip EQUIP Act.
“\(4\) Foreign entities of concern.—Nothing in this
subsection may be construed to waive the application of
section 9907.”.
SA 6376. Mr. KELLY \(for himself and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the
following:
SEC. . SHIP AMERICAN.
\(a\) In General.—Chapter 553 of title 46, United States
Code, is amended by adding at the end the following:
“SUBCHAPTER IV—SHIP AMERICA OFFICE
“Sec. 55341. Establishment of Ship America Office
“\(a\) Establishment.—The Maritime Administrator shall
establish within the Maritime Administration an office to be
known as the \`Ship America Office'. The Maritime
Administrator shall appoint the head of the Ship America
Office \(in this section referred to as the \`Ship America
Associate Administrator'\).
“\(b\) Duties.—The Ship America Associate Administrator
shall have the following duties:
“\(1\) Providing assistance to private sector entities,
Federal financial assistance recipients, Federal agencies,
Federal contractors, and owners and operators of oceangoing
vessels of the United States to facilitate the movement of
commercial and government cargo on vessels of the United
States in international commerce.
“\(2\) Maximizing compliance across Federal agencies with
this chapter, section 2631 of title 10, and any other cargo
preference law of the United States.
“\(3\) Providing training and assistance to Federal
employees, in all Federal agencies responsible for shipping
preference cargo, on the legal obligations under this
chapter, section 2631 of title 10, and any other cargo
preference law of the United States.
“\(4\) Developing a \`Ship America' verification program to
develop self-certification industry standards, in partnership
with private sector entities, to allow private sector
entities to verifiably demonstrate that a product was
transported to the United States aboard a vessel of the
United States.
“\(5\) Supporting the efforts of the executive branch to
develop and sustain a fleet of vessels of the United States
and maritime industrial base to meet the sealift needs of
Federal agencies.
“\(6\) Where practicable, making accessible, and regularly
updating, the publicly available contact information for
oceangoing vessels of the United States for the purposes of
moving international commerce.
“\(7\) Publishing, and regularly updating, centralized
information on the commercial benefits available to private
sector entities for moving commercial cargo on oceangoing
vessels of the United States.
“\(8\) Preparing the reports under subsection \(c\).
“\(c\) Reports Required.—Not later than 1 year after the
date of enactment of this section, and biennially thereafter,
the Maritime Administrator, acting through the Ship America
Associate Administrator, shall report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives on—
“\(1\) the opportunities and challenges faced by
commercial entities to move cargo on oceangoing vessels of
the United States; and
“\(2\) recommendations to increase international commerce
moving on vessels of the United States.
“\(d\) Preventing Duplication.—
“\(1\) In general.—In establishing the Ship America
Office, the Administrator shall ensure that the activities of
the Office do not duplicate existing programs or activities
of the Maritime Administration.
“\(2\) Integration.—To the maximum extent practicable,
the Secretary shall transfer and integrate to the Ship
America Office all functions described in subsection \(b\) that
were being carried out by personnel and programs of the
Maritime Administration on the day before the date of
enactment of this section.”.
\(b\) Goods Imported on Vessels of the United States.—
Chapter 605 of title 46, United States Code, is amended—
\(1\) in section 60502\(a\)\(1\)—
\(A\) in the matter preceding subparagraph \(A\), by striking
“the vessel”;
\(B\) in subparagraph \(A\), by striking “is entitled” and
all that follows through “imported in” and inserting the
following: “the cost of importing goods aboard the vessel is
comparable to or greater than the cost of importing goods
aboard”; and
\(C\) in subparagraph \(B\)—
\(i\) by striking “\(i\) is owned” and inserting the
following: “the vessel— “
“\(i\) is owned”; and
\(ii\) by adjusting the margins of clause \(ii\)
appropriately; and
\(2\) in section 60503\(a\), by inserting “, except for the
duties imposed under section 60502 of this title,” after
“suspension of discriminating duties”.
\(c\) Priority for Vessels of the United States.—Part D of
subtitle V of title 46, United States Code, is amended by
inserting after chapter 553 the following:
“CHAPTER 555—PRIORITY FOR VESSELS OF THE UNITED STATES
“Sec.
“55501. Priority for vessels of the United States.
“Sec. 55501. Priority for vessels of the United States
“\(a\) In General.—The Secretary of Transportation may
allow a vessel of the United States to be given priority at
any port in the United States, ahead of a waiting vessel of a
country that is a covered nation \(as defined in section
4872\(f\)\(2\) of title 10\)\).
“\(b\) Exception.—Notwithstanding subsection \(a\), if the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Transportation, finds that it is in the national interest,
the Secretary may waive the priority under this section at
any port. The Secretary shall report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives, by not later than 30 days after an action
waiving priority under this section at a port.”.
\(d\) Moving Cargo on Vessels of the United States.—
\(1\) Assessment required.—Not later than 180 days after
the date of enactment of this Act, the Maritime Readiness
Advisor, in consultation with the Secretary of
Transportation, in consultation with the Secretary of State,
the Secretary of Homeland Security, the Secretary of
Commerce, the Chair of the Federal Maritime Commission, and
the United States Trade Representative, shall—
\(A\) conduct an assessment that identifies authorities
available under current Federal law, as of the date of such
identification, that may be utilized to incentivize the
movement of commercial cargo on vessels of the United States
in international commerce;
\(B\) review methods for greater assurances of access, in
crisis and conflict, to vessels of international allies and
partners of the United States; and
\(C\) make recommendations to the President to utilize such
authorities.
\(2\) Inclusions.—With respect to goods shipped directly
to ports in the United States, the assessment required under
paragraph \(1\) shall include an evaluation of—
\(A\) tax benefits for taxpayers who ship goods aboard
vessels of the United States;
\(B\) modifications to import duties for goods imported or
exported aboard vessels of the United States;
\(C\) privileges for vessels of the United States that
enable vessels of the United States to provide improved
service relative to other vessels in international commerce;
and
\(D\) any other authorities that would incentivize the
movement of goods aboard vessels of the United States.
\(3\) Report to congress.—Upon carrying out the assessment
required under paragraph \(1\), the Secretary of Transportation
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives—
\(A\) a list of the recommendations made under paragraph
\(1\)\(C\); and
\(B\) a list of additional actions that could be taken by
Congress to further incentivize the movement of commercial
cargo on vessels of the United States.
\(e\) Energizing American Shipbuilding.—
\(1\) National policy on strategic energy asset export
transportation.—
\(A\) Requirement for transportation of exports of natural
gas on vessels documented under laws of the united states.—
Section 3 of the Natural Gas Act \(15 U.S.C. 717b\) is amended
by adding at the end the following:
“\(g\) Transportation of Exports of Natural Gas on Vessels
Documented Under Laws of the United States.—
“\(1\) Condition for approval.—Except as provided in
paragraph \(7\), with respect to an application to export
natural gas under subsection \(a\), the Commission shall
include in the order issued for that application the
condition that the person submitting the application
transport the natural gas on a vessel that meets the
requirements described in paragraph \(3\).
“\(2\) Purpose.—The purpose of the requirement under
paragraph \(1\) is to ensure that, of all natural gas exported
by vessel in a calendar year, the following percentage is
exported by a vessel that meets the requirements described in
paragraph \(3\):
“\(A\) In each of the 7 calendar years following the
calendar year in which this subsection is enacted, not less
than 2 percent.
“\(B\) In each of the 8th and 9th calendar years following
the calendar year in which this subsection is enacted, not
less than 3 percent.
“\(C\) In each of the 10th and 11th calendar years
following the calendar year in which this subsection is
enacted, not less than 4 percent.
“\(D\) In each of the 12th and 13th calendar years
following the calendar year in which this subsection is
enacted, not less than 6 percent.
“\(E\) In each of the 14th and 15th calendar years
following the calendar year in which this subsection is
enacted, not less than 7 percent.
“\(F\) In each of the 16th and 17th calendar years
following the calendar year in which this subsection is
enacted, not less than 9 percent.
“\(G\) In each of the 18th and 19th calendar years
following the calendar year in which this subsection is
enacted, not less than 11 percent.
“\(H\) In each of the 20th and 21st calendar years
following the calendar year in which this subsection is
enacted, not less than 13 percent.
“\(I\) In the 22nd calendar year after the calendar year
in which this subsection is enacted and each calendar year
thereafter, not less than 15 percent.
“\(3\) Requirements for vessels.—A vessel meets the
requirements described in this paragraph—
“\(A\) with respect to each of the 5 calendar years
following the calendar year in which this subsection is
enacted—
“\(i\) if—
“\(I\) the vessel is documented under the laws of the
United States; and
“\(II\) with respect to any retrofit work necessary for
the vessel to export natural gas—
“\(aa\) such work is done in a shipyard in the United
States; and
“\(bb\) any component of the vessel listed in paragraph
\(4\) that is installed during the course of such work is
manufactured in the United States; or
“\(ii\) if—
“\(I\) the vessel is built in the United States;
“\(II\) the vessel is documented under the laws of the
United States;
“\(III\) all major components of the hull and
superstructure of the vessel are manufactured \(including all
manufacturing processes from the initial melting stage
through the application of coatings for iron or steel
products\) in the United States; and
“\(IV\) the components of the vessel listed in paragraph
\(4\) are manufactured in the United States; and
“\(B\) with respect to the 6th calendar year following the
calendar year in which this subsection is enacted, and each
calendar year thereafter, if the vessel meets the
requirements of subparagraph \(A\)\(ii\).
“\(4\) Components.—The components of a vessel listed in
this paragraph are the following:
“\(A\) Air circuit breakers.
“\(B\) Welded shipboard anchor and mooring chain.
“\(C\) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping.
“\(D\) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
“\(E\) Auxiliary equipment for shipboard services,
including pumps.
“\(F\) Propulsion equipment, including engines, propulsion
motors, reduction gears, and propellers.
“\(G\) Shipboard cranes.
“\(H\) Spreaders for shipboard cranes.
“\(I\) Rotating electrical equipment, including electrical
alternators and motors.
“\(J\) Compressors, pumps, and heat exchangers used in
managing and re-liquefying boil-off gas from liquefied
natural gas.
“\(5\) Waiver authority.—The Commission may waive the
requirement under clause \(i\)\(II\)\(bb\) or \(ii\)\(IV\), as
applicable, of paragraph \(3\)\(A\) with respect to a component
of a vessel if the Secretary of the department in which the
Coast Guard is operating determines that—
“\(A\) application of the requirement would—
“\(i\) result in an increase of 25 percent or more in the
cost of the component of the vessel; or
“\(ii\) cause unreasonable delays to be incurred in
building or retrofitting the vessel; or
“\(B\) such component is not manufactured in the United
States in sufficient and reasonably available quantities of a
satisfactory quality.
“\(6\) Opportunities for credentialed merchant mariners.—
Except as provided in paragraph \(7\), the Commission shall
include, in any order issued under subsection \(a\) that
authorizes a person to export natural gas, a condition that
the person provide opportunities for individuals with a
merchant mariner credential \(as defined in section 2101 of
title 46, United States Code\) to receive experience and
training necessary to become credentialed in working on a
vessel transporting natural gas.
“\(7\) Exception.—The Commission may not include in any
order issued under subsection \(a\) authorizing a person to
export natural gas to a nation with which there is in effect
a free trade agreement requiring national treatment for trade
in natural gas a condition described in paragraph \(1\), or a
condition described in paragraph \(6\), if the United States
Trade Representative certifies to the Commission, in writing,
that such condition would violate obligations of the United
States under such free trade agreement.
“\(8\) Use of federal information.—In carrying out
paragraph \(1\), the Commission—
“\(A\) shall use information made available by—
“\(i\) the Energy Information Administration; or
“\(ii\) any other Federal agency or entity the Commission
determines appropriate; and
“\(B\) may use information made available by a private
entity only if applicable information described in
subparagraph \(A\) is not available.”.
\(B\) Conforming amendment.—Section 3\(c\) of the Natural
Gas Act \(15 U.S.C. 717b\(c\)\) is amended by striking “or the
exportation of natural gas” and inserting “or, subject to
subsection \(g\), the exportation of natural gas”.
\(2\) Crude oil.—Section 101 of title I of division O of
the Consolidated Appropriations Act, 2016 \(42 U.S.C. 6212a\)
is amended—
\(A\) in subsection \(b\), by striking “subsections \(c\) and
\(d\)” and inserting “subsections \(c\), \(d\), and \(e\)”; and
\(B\) by adding at the end the following:
“\(e\) Transportation of Exports of Crude Oil on Vessels
Documented Under Laws of the United States.—
“\(1\) In general.—Notwithstanding any other provision of
law and except as provided in paragraph \(6\), as a condition
to export crude oil, the President shall require that a
person exporting crude oil transport the crude oil on a
vessel that meets the requirements described in paragraph
\(3\).
“\(2\) Purpose.—The purpose of the requirement under
paragraph \(1\) is to ensure that, of all crude oil exported by
vessel in a calendar year, the following percentage is
exported by a vessel that meets the requirements described in
paragraph \(3\):
“\(A\) In each of the 7 calendar years following the
calendar year in which this subsection is enacted, not less
than 3 percent.
“\(B\) In each of the 8th, 9th, and 10th calendar years
following the calendar year in which this subsection is
enacted, not less than 6 percent.
“\(C\) In each of the 11th, 12th, and 13th calendar years
following the calendar year in which this subsection is
enacted, not less than 8 percent.
“\(D\) In the 14th calendar year following the calendar
year in which this subsection is enacted and each calendar
year thereafter, not less than 10 percent.
“\(3\) Requirements for vessels.—A vessel meets the
requirements described in this paragraph—
“\(A\) with respect to each of the 4 calendar years
following the calendar year in which this subsection is
enacted—
“\(i\) if—
“\(I\) the vessel is documented under the laws of the
United States; and
“\(II\) with respect to any retrofit work necessary for
the vessel to export crude oil—
“\(aa\) such work is done in a shipyard in the United
States; and
“\(bb\) any component of the vessel listed in paragraph
\(4\) that is installed during the course of such work is
manufactured in the United States; or
“\(ii\) if—
“\(I\) the vessel is built in the United States;
“\(II\) the vessel is documented under the laws of the
United States;
“\(III\) all major components of the hull and
superstructure of the vessel are manufactured \(including all
manufacturing processes from the initial melting stage
through the application of coatings for iron or steel
products\) in the United States; and
“\(IV\) the components of the vessel listed in paragraph
\(4\) are manufactured in the United States; and
“\(B\) with respect to the 5th calendar year following the
calendar year in which this subsection is enacted and each
calendar year thereafter, if the vessel meets the
requirements of subparagraph \(A\)\(ii\).
“\(4\) Components.—The components of a vessel listed in
this paragraph are the following:
“\(A\) Air circuit breakers.
“\(B\) Welded shipboard anchor and mooring chain.
“\(C\) Powered and non-powered valves in Federal Supply
Classes 4810 and 4820 used in piping.
“\(D\) Machine tools in the Federal Supply Classes for
metal-working machinery numbered 3405, 3408, 3410 through
3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448,
3449, 3460, and 3461.
“\(E\) Auxiliary equipment for shipboard services,
including pumps.
“\(F\) Propulsion equipment, including engines, propulsion
motors, reduction gears, and propellers.
“\(G\) Shipboard cranes.
“\(H\) Spreaders for shipboard cranes.
“\(I\) Rotating electrical equipment, including electrical
alternators and motors.
“\(5\) Waiver authority.—The President may waive the
requirement under clause \(i\)\(II\)\(bb\) or clause \(ii\)\(IV\), as
applicable, of paragraph \(3\)\(A\) with respect to a component
of a vessel if the Secretary of the department in which the
Coast Guard is operating determines that—
“\(A\) application of the requirement would—
“\(i\) result in an increase of 25 percent or more in the
cost of the component of the vessel; or
“\(ii\) cause unreasonable delays to be incurred in
building or retrofitting the vessel; or
“\(B\) such component is not manufactured in the United
States in sufficient and reasonably available quantities of a
satisfactory quality.
“\(6\) Exception.—The President may not, under paragraph
\(1\), condition the export of crude oil to a nation with which
there is in effect a free trade agreement requiring national
treatment for trade in crude oil if the United States Trade
Representative certifies to the President, in writing, that
such condition would violate obligations of the United States
under such free trade agreement.
“\(7\) Opportunities for credentialed merchant mariners.—
The Maritime Administrator, in consultation with the
Secretary of the department in which the Coast Guard is
operating, shall ensure that the owner or operator of a
vessel documented under chapter 121 of title 46, United
States Code, transporting crude oil provides opportunities
for individuals with a merchant mariner credential \(as
defined in section 2101 of title 46, United States Code\) to
receive experience and training necessary to become
credentialed in working on such vessels.
“\(8\) Use of federal information.—In carrying out
paragraph \(1\), the President—
“\(A\) shall use information made available by—
“\(i\) the Energy Information Administration; or
“\(ii\) any other Federal agency or entity the Commission
determines appropriate; and
“\(B\) may use information made available by a private
entity only if applicable information described in
subparagraph \(A\) is not available.”.
\(3\) Energy information administration information.—The
Secretary of Energy, acting through the Administrator of the
Energy Information Administration \(referred to in this
section as the “Secretary”\), shall collect, and make
readily available to the public on the internet website of
the Energy Information Administration, information on exports
by vessel of natural gas and crude oil, including—
\(A\) forecasts for, and data on, those exports for the
calendar year following the calendar year in which this Act
is enacted and each calendar year thereafter; and
\(B\) forecasts for those exports for multi-year periods
after the date of enactment of this Act, as determined
appropriate by the Secretary.
\(f\) Importation of Chinese Goods on American Ships.—
Chapter 605 of title 46, United States Code, is amended by
adding at the end the following:
“Sec. 60508. Importation of Chinese goods on American ships
“\(a\) In General.—Notwithstanding any other provision of
law, beginning on the date that is 1 year after the date on
which the final rule required under subsection \(d\) is
published in the Federal Register, each shipper shall ensure
that for each year, not less than the covered percentage
applicable for that year, as described in subsection \(b\), of
covered goods by tonnage imported into the United States by
the shipper from a foreign port or place, excluding any port
or place in North America, is imported on a vessel of the
United States that is in compliance with the applicable
requirements of section 8103 of this title.
“\(b\) Percentage.—The covered percentage under this
section is the following:
“\(1\) One percent for the year that begins on the date
that is 1 year after the date on which the final rule
required under subsection \(d\) is published in the Federal
Register.
“\(2\) Two percent for the year that begins on the date
that is 2 years after the date on which such final rule is so
published.
“\(3\) Three percent for the year that begins on the date
that is 3 years after the date on which such final rule is so
published.
“\(4\) Four percent for the year that begins on the date
that is 4 years after the date on which such final rule is so
published.
“\(5\) Five percent for the year that begins on the date
that is 5 years after the date on which such final rule is so
published.
“\(6\) Six percent for the year that begins on the date
that is 6 years after the date on which such final rule is so
published.
“\(7\) Seven percent for the year that begins on the date
that is 7 years after the date on which such final rule is so
published.
“\(8\) Eight percent for the year that begins on the date
that is 8 years after the date on which such final rule is so
published.
“\(9\) Nine percent for the year that begins on the date
that is 9 years after the date on which such final rule is so
published.
“\(10\) Ten percent—
“\(A\) for the year that begins on the date that is 10
years after the date on which such final rule is so
published; and
“\(B\) for each year thereafter.
“\(c\) Fine for Failure to Comply.—
“\(1\) In general.—On an annual basis, the Maritime
Administrator, in consultation with the Secretary of Homeland
Security, shall issue a fine to any shipper failing to comply
with the requirements under this section.
“\(2\) Amount.—The amount of a fine under this section
shall be in an amount set by the Maritime Administrator, in
consultation with the Secretary of Homeland Security, that is
greater than the difference in cost between—
“\(A\) the cost of employing a vessel of the United States
that is in compliance with the applicable requirements of
section 8103 of this title; and
“\(B\) the cost of employing a foreign vessel that is
registered under the laws of a country with an open registry.
“\(3\) Use of amounts.—Any amount collected under this
subsection shall be deposited in the Maritime Security Trust
Fund established under section 50301\(b\) of this title.
“\(d\) Rulemaking Required.—Not later than 4 years after
the date of enactment of this section, the Maritime
Administrator, in consultation with the Secretary of Homeland
Security, shall promulgate a final rule that establishes a
system that—
“\(1\) identifies persons and goods that are subject to
the requirements of this section;
“\(2\) establishes requirements for such persons and goods
that meet the applicable percentages established under
subsection \(b\);
“\(3\) establishes clear enforcement mechanisms to ensure
compliance with this section; and
“\(4\) determines the amount of a fine issued under
subsection \(c\).
“\(e\) Authorization of Appropriations.—For each fiscal
year, there is authorized to be appropriated, out of the
Maritime Security Trust Fund established under section
50301\(b\) of this title, an amount sufficient to reimburse the
Maritime Administrator for the costs incurred under this
section, including administrative expenses.
“\(f\) Definitions.—In this section:
“\(1\) Country with an open registry.—The term \`country
with an open registry' means a country that allows vessels to
be documented under the laws of the country, without regard
to the citizenship of the owner of the vessel or the
citizenship of the crew of the vessel.
“\(2\) Covered goods.—The term \`covered goods' means
goods manufactured in the People's Republic of China.
“\(3\) Shipper.—The term \`shipper' has the meaning given
such term in section 40102 of this title.”.
SA 6377. Mr. KELLY \(for himself and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. UNITED STATES GOVERNMENT CARGO.
\(a\) Sense of Congress.—It is the sense of the Congress
that—
\(1\) only the Maritime Administrator, acting in the
Administrator's capacity as Director of the National Shipping
Authority, has the authority to determine the non-
availability of qualified capacity of vessels of the United
States \(referred to in this subsection as “qualified United
States flag capacity”\) at fair and reasonable rates for
commercial vessels of the United States to meet the
requirements of section 55305 or 55314 of title 46, United
States Code;
\(2\) the requirements of section 55305 or 55314 of title 46,
United States Code, may only be waived temporarily by the
President, the Secretary of Defense, the Secretary of State,
or the Secretary of Transportation during a declared
emergency justifying such a temporary waiver, following a
determination by the Maritime Administrator, acting in the
Maritime Administrator's capacity as Director of the National
Shipping Authority, of the non-availability of qualified
United States flag capacity at fair and reasonable rates for
commercial vessels of the United States pursuant to section
55305\(d\) of title 46, United States Code; and
\(3\) nothing in title II of the Food for Peace Act \(7 U.S.C.
1721 et seq.\) authorizes an agency to waive the requirements
of section 55305 or 55314 of title 46, United States Code,
without first obtaining—
\(A\) delegated authority from the President of the United
States;
\(B\) an emergency declaration justifying such a temporary
waiver, pursuant to section 55305\(d\) of title 46, United
States Code; and
\(C\) a determination by the Maritime Administrator, acting
in the Maritime Administrator's capacity as Director of the
National Shipping Authority, on the non-availability of
qualified United States flag capacity at fair and reasonable
rates for commercial vessels of the United States pursuant to
section 55305\(d\) of title 46, United States Code.
\(b\) Applicable Percentage.—
\(1\) In general.—Section 55305\(a\) of title 46, United
States Code, is amended by striking “at least 50” and
inserting “100”.
\(2\) Effective date.—The amendment made by paragraph \(1\)
shall take effect on the date that is 180 days after the date
of enactment of this Act.
\(c\) Waiver.—
\(1\) In general.—Section 55305\(d\)\(1\) of title 46, United
States Code, is amended to read as follows:
“\(1\) Waiver authority.—
“\(A\) In general.—Notwithstanding any other provision of
law, when the President, the Secretary of Defense, the
Secretary of State, or the Secretary of Transportation
declares the existence of an emergency justifying a temporary
waiver of this section or section 55314 of this title, the
President, the Secretary of Defense, the Secretary of State,
or the Secretary of Transportation, following a determination
by the Maritime Administrator, acting in the Administrator's
capacity as Director, National Shipping Authority, of the
non-availability of qualified United States flag capacity at
fair and reasonable rates for commercial vessels of the
United States to meet the requirements of this section or
section 55314 of this title, may waive compliance with such
section to the extent, in the manner, and on the terms the
Maritime Administrator, acting in such capacity, prescribes,
and no other waivers of the requirements of this section or
section 55314 of this title shall be authorized.
“\(B\) Interagency agreement for the determination of non-
availability.—
“\(i\) In general.—Not later than 180 days after the date
of enactment of the SHIPS for America Act of 2026, the
Maritime Administrator shall facilitate an interagency
agreement with the head of each agency subject to the
requirements of subsection \(a\).
“\(ii\) Contents.—Each interagency agreement shall
include—
“\(I\) an explanation of the process the agency shall follow
to request a determination of non-availability by the
Maritime Administrator under subparagraph \(A\);
“\(II\) a standard process that the Maritime Administrator
shall follow for making such a determination of non-
availability; and
“\(III\) deadlines—
“\(aa\) for when an agency shall submit a request for such a
determination of non-availability prior to the transportation
of equipment, materials, or commodities subject to subsection
\(a\); and
“\(bb\) for when the Maritime Administrator shall make such
a determination of non-availability after receiving a request
for a temporary waiver under subparagraph \(A\).
“\(iii\) Congressional notification.—The Secretary of
Transportation shall notify the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives—
“\(I\) when each interagency agreement required under this
subparagraph is finalized; and
“\(II\) any time that an interagency agreement required
under this subparagraph is updated.”.
\(2\) Conforming amendments.—Section 55305\(d\) of title 46,
United States Code, is amended—
\(A\) in paragraph \(3\)\(B\) by striking “or the Secretary of
Defense” and inserting “, the Secretary of Defense, or the
Secretary of State”; and
\(B\) in paragraph \(4\)\(B\)\(i\), by inserting “or the Secretary
of State” after “the Secretary of Defense”.
\(d\) Regulations and Guidance.—Not later than 1 year after
the date of enactment of this Act, the Maritime
Administrator, notwithstanding any other provision of law,
regulation, or administrative order, shall—
\(1\) promulgate regulations under chapter 553 of title 46,
United States Code, to fully implement and ensure compliance
with sections 55305, 55314, 55315, and 55316 of such title;
\(2\) issue interagency guidance to other Federal departments
and agencies on how to administer the programs that are
subject to such sections in accordance with those sections,
as applicable; and
\(3\) publish such guidance in the Federal Register and on
the website of the Maritime Administration.
\(e\) Consultation.—The Administrator may consult with the
Food Aid Consultative Group established by section 205 of the
Food for Peace Act \(7 U.S.C. 1725\) in carrying out this
section.
\(f\) Repeal of Earlier Regulatory Deadline.—Subsection \(a\)
of section 3502 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 \(46 U.S.C. 55305 note;
Public Law 117-263\) is repealed.
\(g\) Audit Required.—Section 55301 of title 46, United
States Code, is amended—
\(1\) in subsection \(a\)\(2\), by striking “section 55305” and
inserting “sections 55305, 55314, 55315, and 55316”; and
\(2\) by adding at the end the following:
“\(d\) Notification of Violation.—The Maritime
Administrator shall—
“\(1\) upon receiving any credible information, as
determined by the Administrator, that a shipment of a Federal
department or agency covered by a report required under
subsection \(a\) was not in compliance with the requirements of
section 55305, 55314, 55315, or 55316 of this title \(as
applicable\), notify the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives not later than 14 days after receiving such
information; and
“\(2\) upon receiving any credible information, as
determined by the Administrator, that a Federal department or
agency that administers a program covered by a report
required under subsection \(a\) was not in compliance with the
requirements of section 2631 of title 10, United States Code,
notify the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate and the
Committee on Transportation and Infrastructure and the
Committee on Armed Services of the House of Representatives
not later than 14 days after receiving such information.”.
\(h\) Financing the Transportation of Agricultural Products
and Other Cargo.—Subchapter II of chapter 553 of title 46,
United States Code, is amended by inserting after section
55315 the following:
“Sec. 55316. Financing the transportation of agricultural
products and other cargo
“\(a\) Financing of Increased Costs.—Subject to the
availability of appropriations, the Secretary of
Transportation shall finance any reasonable increased ocean
freight costs, as assessed by the Maritime Administrator,
incurred in any fiscal year by a covered agency that result
from the application of section 55305 of this title,
including the application of such section to the activities
specified in section 55314\(b\) of this title.
“\(b\) Reimbursement of Increased Costs.—
“\(1\) In general.—The Secretary of Transportation shall
reimburse a covered agency for the amount by which, in any
fiscal year—
“\(A\) the total cost of ocean freight and ocean freight
differential for which obligations are incurred by the
covered agency under section 55305 of this title, including
pursuant to the application of such section to the activities
specified in section 55314\(b\) of this title; exceeds
“\(B\) 20 percent of the total value of the cargo, including
agricultural products, transported under such section 55305,
including pursuant to the application of such section to such
activities, and the cost of the ocean freight and ocean
freight differential, as assessed by the Maritime
Administrator, on which obligations are incurred by the
covered agency during that fiscal year.
“\(2\) Agricultural products shipped from inventory.—For
purposes of this subsection, agricultural products shipped
from the inventory of the Commodity Credit Corporation shall
be valued as provided in section 412\(d\) of the Food for Peace
Act \(7 U.S.C. 1736f\(d\)\).
“\(c\) Interagency Agreement.—
“\(1\) In general.—Not later than 180 days after the date
of enactment of the SHIPS for America Act of 2026, the
Secretary of Transportation shall enter into an interagency
agreement with the head of each covered agency.
“\(2\) Contents.—Each interagency agreement shall include—
“\(A\) an explanation of the process the covered agency
shall follow to receive a reimbursement from the Secretary of
Transportation under this section;
“\(B\) a standard methodology for calculating the
reimbursement a covered agency is entitled to under this
section; and
“\(C\) deadlines—
“\(i\) by which a covered agency shall submit a
reimbursement request in order to receive reimbursement; and
“\(ii\) by which the Secretary of Transportation shall
approve a properly filed reimbursement request, which date
shall not be more than 90 days after the date on which the
reimbursement request is submitted.
“\(3\) Congressional notification.—The Secretary of
Transportation shall notify the appropriate committees of
Congress—
“\(A\) when each interagency agreement required under this
subsection is finalized; and
“\(B\) any time that an interagency agreement required under
this subsection is updated.
“\(d\) Audit Required.—
“\(1\) In general.—For each fiscal year, the Inspector
General of the Department of Transportation shall conduct an
audit of all reimbursements made by the Secretary of
Transportation under this section during such fiscal year to
ensure all such reimbursements were made in accordance with
the requirements of this section.
“\(2\) Documents required.—Each covered agency entitled to
reimbursement under subsection \(b\) shall—
“\(A\) provide to the Inspector General any documents or
other information requested by the Inspector General in order
to complete the audit, including the information described in
subparagraph \(B\); and
“\(B\) require any party that enters into a contract with
such covered agency related to the implementation of section
55305 of this title, or any activities specified in section
55314\(b\) of this title, to provide the covered agency, as a
condition for entering into such contract, with information
relevant for the audit as determined by the Inspector
General.
“\(3\) Report.—Not later than 90 days after the end of each
fiscal year, the Inspector General shall submit a report
detailing the findings of such audit with respect to such
fiscal year to the appropriate committees of Congress and
make the report publicly available.
“\(e\) Definitions.—In this section:
“\(1\) Agricultural product.—The term \`agricultural
product' has the meaning given the term in section 55314\(c\)
of this title.
“\(2\) Appropriate committees of congress.—The term
\`appropriate committees of Congress' means the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
“\(3\) Covered agency.—The term \`covered agency' means any
agency that administers an activity specified in section
55314\(b\) of this title.”.
\(i\) Applicability.—Section 55314 of title 46, United
States Code, is amended—
\(1\) by inserting before subsection \(b\) the following:
“\(a\) Applicability.—The requirements under section 55305
of this title shall apply with respect to the activities
specified in subsection \(b\).”;
\(2\) in subsection \(b\)—
\(A\) in the matter preceding paragraph \(1\), by striking
“Secretary of Agriculture or the Commodity Credit
Corporation” and inserting “Federal Government”;
\(B\) in paragraph \(1\), by striking “the Food for Peace Act
\(7 U.S.C. 1691 et seq.\)” inserting “titles I, II, or III of
the Food for Peace Act \(7 U.S.C. 1701 et seq.\)”;
\(C\) in paragraph \(4\), by striking “agricultural
commodities or their products” and inserting “agricultural
products”;
\(D\) in paragraph \(5\), by striking “agricultural
commodities or their products” and inserting “agricultural
products”;
\(E\) in paragraph \(6\), by striking “agricultural
commodities or their products” and inserting “agricultural
products”;
\(F\) in paragraph \(7\), by striking “agricultural
commodities” and inserting “agricultural products”;
\(G\) by redesignating paragraphs \(4\), \(5\), \(6\), and \(7\) as
paragraphs \(6\), \(7\), \(8\), and \(9\), respectively; and
\(H\) by inserting after paragraph \(3\) the following:
“\(4\) carried out under the Food for Progress Act of 1985
\(7 U.S.C. 1736o\);
“\(5\) carried out under the McGovern-Dole International
Food for Education and Child Nutrition Program under section
3107 of the Farm Security and Rural Investment Act of 2002 \(7
U.S.C. 1736o-1\);”; and
\(3\) by adding at the end the following:
“\(c\) Agricultural Product Defined.—In this section, the
term \`agricultural product' means any food product, including
an agricultural commodity \(as such term is defined in section
402 of the Food for Peace Act \(7 U.S.C. 1732\)\), specialty
crop \(as such term is defined in section 3 of the Specialty
Crops Competitiveness Act of 2004 \(7 U.S.C. 1621 note\)\), or
processed food product, exported from the United States.”.
\(j\) Clarifying Amendments.—
\(1\) Agricultural commodities emergency assistance
clarification.—Section 202\(a\) of the Food for Peace Act \(7
U.S.C. 1722\(a\)\) is amended by striking “Notwithstanding”
and inserting “Subject to the requirements of sections 55305
and 55314 of title 46, United States Code, and
notwithstanding”.
\(2\) Administrative provisions clarification.—Section
407\(b\)\(2\)\(A\) of the Food for Peace Act \(7 U.S.C.
1736a\(b\)\(2\)\(A\)\) is amended by striking “Notwithstanding”
and inserting “Subject to the requirements of sections 55305
and 55314 of title 46, United States Code, and
notwithstanding”.
SA 6378. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. PROHIBITION ON FOREIGN ENTITIES ENTERING INTO
EVENT CONTRACTS INVOLVING NATIONAL DEFENSE
INFORMATION.
Section 5c of the Commodity Exchange Act \(7 U.S.C. 7a-2\) is
amended by inserting after subsection \(c\) the following:
“\(d\) Prohibition on Foreign Entities Entering Into Event
Contracts Involving National Defense Information.—
“\(1\) Definitions.—In this subsection:
“\(A\) Covered entity.—The term \`covered entity' means an
entity—
“\(i\) that makes available for clearing or trading any
covered event contract; and
“\(ii\) a majority of the ownership interest of which is
held by one or more non-United States persons.
“\(B\) Covered event contract.—The term \`covered event
contract' means an agreement, contract, transaction, or swap
in an excluded commodity that is based upon an occurrence,
extent of an occurrence, or contingency \(other than a change
in the price, rate, value, or levels of a commodity described
in section 1a\(19\)\(i\)\) involving national defense information
described in section 793 of title 18, United States Code.
“\(2\) Requirement.—To be designated as a contract market
or registered as a swap execution facility under this Act, a
covered entity shall take such actions as are necessary to
ensure that the covered entity does not enter into or offer
to enter into any covered event contract with a United States
person.
“\(3\) Suspension or revocation of registration.—A covered
entity designated or registered as a contract market or swap
execution facility under this Act that knowingly violates
paragraph \(2\) shall be subject to suspension of registration
or revocation as a registered entity in accordance with
section 5e.”.
SA 6379. Ms. CORTEZ MASTO \(for herself and Mr. Grassley\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. . EXPANSION OF UNITED STATES SECRET SERVICE
INVESTIGATIVE AUTHORITIES.
Section 3056\(b\) of title 18, United States Code, is
amended—
\(1\) in paragraph \(1\), by striking “or” after “871” and
inserting “, or 1960” after “879”; and
\(2\) in paragraph \(3\)—
\(A\) by inserting “structured transactions,” after
“devices,”;
\(B\) by striking “federally insured”; and
\(C\) by inserting “, as defined in section 5312 of title
31” after “institution”.
SA 6380. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. MONEY TRANSMITTING BUSINESS.
\(a\) In General.—Section 1960 of title 18, United States
Code, is amended by striking subsections \(a\) and \(b\) and
inserting the following:
“\(a\) Offense.—It shall be unlawful for any person to
knowing conduct, control, manage, supervise, direct, or own
all or part of a money transmitting business which affects
interstate or foreign commerce in any manner or degree that—
“\(1\) is operated without an appropriate money transmitting
license in a State where such operation is punishable as a
misdemeanor or a felony under State law, whether or not the
defendant knew that the operation was required to be licensed
or that the operation was so punishable;
“\(2\) fails to comply with the money transmitting business
registration requirements under section 5330 of title 31,
United States Code, or regulations prescribed under such
section, whether or not the defendant knew that the operation
was required to comply with those registration requirements
or that the operation was so punishable; or
“\(3\) otherwise involves the transportation or transmission
of funds that are known to the defendant to have been derived
from a criminal offense or are intended to be used to promote
or support unlawful activity.
“\(b\) Criminal Penalty.—Any person who violates subsection
\(a\) shall be—
“\(1\) fined in accordance with this title, imprisoned for
not more than 10 years, or both;
“\(2\) in the case of an offense involving more than
$1,000,000 during a 12-month period, or in which the
defendant engaged in a transaction or transactions involving
more than $1,000,000 during a 12-month period, fined double
the amount provided in subsection \(b\)\(3\) or \(c\)\(3\) \(as
applicable\) of section 3571, imprisoned for not more than 20
years, or both; or
“\(3\) in the case of an offense that was committed with the
knowledge or belief that any funds transmitted would be used
in furtherance of a Federal crime of terrorism, as defined in
section 2332b\(g\)\(5\), fined under this title or imprisoned for
any term of years or for life, or both.”.
\(b\) Conforming Amendment.—Section 3056\(b\) of title 18,
United States Code, is amended—
\(1\) in paragraph \(1\), by striking “or” after “871” and
inserting “, or 1960” after “879”; and
\(2\) in paragraph \(3\)—
\(A\) by inserting “money laundering, structured
transactions,” after “documents or devices,”;
\(B\) by striking “federally insured”; and
\(C\) by inserting “, as defined in section 5312 of title
31” after “institution”.
SA 6381. Ms. CORTEZ MASTO \(for herself and Mr. Daines\) submitted an amendment intended to be proposed by
her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . INSTALLATION OF MECHANICAL INSULATION PROPERTY AS
AN ENERGY OR WATER EFFICIENCY MEASURE IN
FEDERAL BUILDINGS.
Section 543\(f\) of the National Energy Conservation Policy
Act \(42 U.S.C. 8253\(f\)\) is amended—
\(1\) in paragraph \(1\)—
\(A\) by redesignating subparagraphs \(E\) through \(H\) as
subparagraphs \(F\) through \(I\), respectively; and
\(B\) by inserting after subparagraph \(D\) the following:
“\(E\) Mechanical insulation property.—The term \`mechanical
insulation property' means insulation material, facing, or
accessory product that—
“\(i\) is placed into service—
“\(I\) in connection with a mechanical system; and
“\(II\) in a manner that meets or exceeds the minimum
requirements of Standard 90.1 of the American Society of
Heating, Refrigerating and Air-Conditioning Engineers \(as in
effect on the date of enactment of the National Defense
Authorization Act for Fiscal Year 2027\); and
“\(ii\) results in a reduction in energy loss from the
mechanical system.”; and
\(2\) in paragraph \(3\)\(A\), by inserting “, including
identification of energy- and water-saving measures
\(including the installation of mechanical insulation
property, if applicable\),” after “a comprehensive energy
and water evaluation”.
SA 6382. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. CERTIFICATION PROGRAM FOR FACILITIES THAT
MANUFACTURE INTEGRATED CIRCUITS.
\(a\) Clean Fabrication Facilities Certification Program.—
\(1\) Certification.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Commerce shall
issue regulations requiring any facility located outside of a
country subject to a comprehensive United States arms embargo
that engages in the production of integrated circuits to
attest, on an annual basis, that—
\(A\) the facility does not and will not use any
semiconductor manufacturing equipment that was produced by an
entity of concern; and
\(B\) if the facility does use semiconductor manufacturing
equipment that was produced by an entity of concern, the
facility will phase out the use of that equipment not later
than 1 year after the submission of the certification.
\(2\) Compliance.—
\(A\) In general.—For the purpose of encouraging compliance
with regulations issued pursuant to paragraph \(1\), the
Secretary may issue regulations that require, for any
facility that does not complete the certification
requirements described in paragraph \(1\)—
\(i\) a license for the export, reexport, and in-country
transfer of items subject to the jurisdiction of the United
States to any such facility located outside of the United
States; and
\(ii\) special authorization for any such facility that is
located in the United States to engage in transactions that
involve a country subject to a comprehensive United States
arms embargo.
\(B\) Review policy.—In the regulations issued pursuant to
subparagraph \(A\), the Secretary shall include a review policy
for applications for licenses or special authorizations
that—
\(i\) applies on a case-by-case basis; and
\(ii\) takes into account the national security risk
associated with the facility continuing to use semiconductor
manufacturing equipment produced by an entity of concern.
\(C\) Authorization to enforce compliance.—To implement the
regulations issued pursuant to subparagraph \(A\), the
Secretary may—
\(i\) update the foreign direct product rule to subject a
foreign-produced item to the jurisdiction of the United
States if the item—
\(I\) is the direct product of technology or software that is
subject to the Export Administration Regulation; or
\(II\) is or contains the product of a complete plant or
major component of a plant that is a direct product of an
item, including technology or software, that is subject to
the Export Administration Regulation; and
\(ii\) issue a new rule that regulates or restricts
transactions between a United States persons and an entity of
concern.
\(3\) Penalties.—
\(A\) Failure to certify.—A facility that fails to complete
the certification required under paragraph \(1\) and that
receives an item subject to the Export Administration
Regulations shall be deemed to have committed a violation of
section 1760 of the Export Control Reform Act of 2018 \(50
U.S.C. 4819\) and the penalties set forth in subsections \(b\)
and \(c\) of that section shall apply to the same extent that
such penalties apply to a person who commits a violation of
that section.
\(B\) False certification.—Any person that knowingly submits
a certification under paragraph \(1\) that contains a
materially false statement or misrepresentation shall be
deemed to have committed a violation of section 1760 of the
Export Control Reform Act of 2018 \(50 U.S.C. 4819\) and the
criminal penalties set forth in subsection \(b\) of that
section shall apply to the same extent that such penalties
apply to a person who commits a criminal violation of that
section.
\(b\) Definitions.—In this section:
\(1\) The term “advanced semiconductor manufacturing
equipment” means any semiconductor fabrication, assembly,
test, or packaging equipment that enables the production of
commercially available integrated circuits.
\(2\) The term “country subject to a comprehensive United
States arms embargo” means Macau and any country listed in
Country Group D:5 in Supplement No. 1 to part 740 of the
Export Administration Regulations.
\(3\) The term “entity of concern” means an entity
headquartered in, or the ultimate parent company of which is
headquartered in, a country subject to a comprehensive United
States arms embargo.
\(4\) The terms “export”, “Export Administration
Regulations”, “in-country transfer”, “reexport”, and
“United States person” have the meanings given such terms
in section 1742 of the Export Control Reform Act of 2018 \(50
U.S.C. 4801\).
SA 6383. Mr. KELLY \(for himself and Mr. Young\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . MARITIME SECURITY TRUST FUND ESTABLISHED.
Section 50301 of title 46, United States Code, is amended—
\(1\) by striking the section heading and inserting “Funds
established”;
\(2\) in subsection \(e\)—
\(A\) in paragraph \(2\), by redesignating subparagraphs \(A\),
\(B\), and \(C\), as clauses \(i\), \(ii\), and \(iii\), respectively,
and adjusting the margins accordingly;
\(B\) by redesignating paragraphs \(1\), \(2\), and \(3\), as
subparagraphs \(A\), \(B\), and \(C\), respectively, and adjusting
the margins accordingly;
\(C\) in subparagraph \(A\), as redesignated by subparagraph
\(B\), by striking “paragraph \(2\)” and inserting
“subparagraph \(B\)”;
\(D\) in subparagraph \(B\), as redesignated by subparagraph
\(B\), in the matter preceding clause \(i\), by striking
“Paragraph \(1\)” and inserting “Subparagraph \(A\)”; and
\(E\) in subparagraph \(C\), as redesignated by subparagraph
\(B\), by striking “Paragraph \(1\)” and inserting
“Subparagraph \(A\)”;
\(3\) in subsection \(f\), by redesignating paragraphs \(1\)
through \(4\) as subparagraphs \(A\) through \(D\), respectively,
and adjusting the margins accordingly;
\(4\) by redesignating subsections \(b\) through \(g\) as
paragraphs \(2\) through \(7\), respectively, and adjusting the
margins accordingly;
\(5\) in subsection \(a\), by striking “In General” and all
that follows through “There is a” and inserting the
following:
“\(a\) Vessel Operations Revolving Fund.—
“\(1\) In general.—There is a”;
\(6\) in paragraph \(4\), by striking “subsection \(a\)” and
inserting “paragraph \(1\)”; and
\(7\) by adding at the end the following:
“\(b\) Maritime Security Trust Fund.—
“\(1\) In general.—There is a \`Maritime Security Trust
Fund' for use in carrying out programs or activities
associated with supporting the merchant marine of the United
States and the maritime industrial base.
“\(2\) Transfer of amounts.—The Fund shall be credited with
amounts equivalent to the receipts from each of the
following:
“\(A\) The taxes received in the Treasury under—
“\(i\) section 60301 of this title \(relating to regular
tonnage taxes\);
“\(ii\) section 60302 of this title \(relating to special
tonnage taxes\); and
“\(iii\) section 60303 of this title \(relating to light
money\).
“\(B\) The revenue collected from—
“\(i\) duties imposed under section 466 of the Tariff Act of
1930 \(19 U.S.C. 1466\) \(relating to equipment and repair of
vessels\);
“\(ii\) duties, fees, or monetary penalties imposed by the
United States Trade Representative under section 301 of the
Trade Act of 1974 \(19 U.S.C. 2411\) pursuant to the
determination of the Trade Representative that the targeting
of the maritime, logistics, and shipbuilding sectors for
dominance by the People's Republic of China is unreasonable
and burdens or restricts United States commerce, notice of
which was published in the Federal Register on January 23,
2025 \(90 Fed. Reg. 8089\); and
“\(iii\) duties imposed under section 60502 of this title
\(relating to discriminating duty on goods imported in foreign
vessels or from contiguous countries\).
“\(C\) Any penalties paid with respect to a vessel pursuant
to any of the following sections of this title:
“\(i\) Section 2017.
“\(ii\) Section 2302.
“\(iii\) Section 3318.
“\(iv\) Section 3718.
“\(v\) Section 4106.
“\(vi\) Section 5116.
“\(vii\) Section 11303.
“\(viii\) Section 11501.
“\(ix\) Section 12151.
“\(x\) Section 12507.
“\(xi\) Section 14701.
“\(xii\) Section 30707, with respect to the portion of the
fine that goes to the United States Government under
subsection \(c\) of such section.
“\(xiii\) Section 31309.
“\(xiv\) Section 31330.
“\(xv\) Section 41107.
“\(xvi\) Section 41108.
“\(xvii\) Section 42108.
“\(xviii\) Section 44104.
“\(xix\) Section 70052.
“\(xx\) Section 70119.
“\(xxi\) Section 70506.
“\(xxii\) Section 80509.
“\(D\) Any revenue generated in connection with the seizure
and forfeiture of a maritime vessel under—
“\(i\) section 3 of the Act of August 5, 1935 \(49 Stat. 518,
chapter 438; 19 U.S.C. 1703\);
“\(ii\) section 70052 of this title; and
“\(iii\) section 70507 of this title.
“\(3\) Total balance.—The total amount in the Maritime
Security Trust Fund at any time shall not exceed
$20,000,000,000.
“\(4\) Expenditures.—Amounts in the Maritime Security Trust
Fund shall be available to meet those obligations of the
United States heretofore and hereafter incurred which are
authorized to be paid out of the Maritime Security Trust
Fund.”.
SA 6384. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF SOUTHERN PAIUTE WILDERNESS, NEVADA.
\(a\) Definitions.—In this section:
\(1\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(2\) State.—The term “State” means the State of Nevada.
\(3\) Wilderness area.—The term “wilderness area” means
the wilderness area designated by subsection \(b\)\(1\).
\(b\) Addition to the National Wilderness Preservation
System.—
\(1\) Designation.—In accordance with the Wilderness Act \(16
U.S.C. 1131 et seq.\), there is designated as wilderness and
as a component of the National Wilderness Preservation System
the approximately 736,188 acres of Federal land managed by
the Director of the United States Fish and Wildlife Service
in Clark and Lincoln Counties, Nevada, to be known as the
“Southern Paiute Wilderness”.
\(2\) Boundary.—The boundary of any portion of the
wilderness area that is bordered by a road shall be not less
than 50 feet from the centerline of the road.
\(3\) Map and legal description.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the wilderness area.
\(B\) Effect.—The map and legal description prepared under
subparagraph \(A\) shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the map or legal
description.
\(C\) Availability.—The map and legal description prepared
under subparagraph \(A\) shall be on file and available for
public inspection in the appropriate offices of the United
States Fish and Wildlife Service.
\(4\) Withdrawal.—Subject to valid existing rights, the
wilderness area is withdrawn from—
\(A\) all forms of entry, appropriation, and disposal under
the public land laws;
\(B\) location, entry, and patent under the mining laws; and
\(C\) operation of the mineral leasing and geothermal leasing
laws.
\(c\) Management.—Subject to valid existing rights, the
wilderness area shall be administered by the Secretary in
accordance with the Wilderness Act \(16 U.S.C. 1131 et seq.\),
except that—
\(1\) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
\(2\) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
\(d\) Incorporation of Acquired Land and Interests in Land.—
Any land or interest in land within the boundary of the
wilderness area that is acquired by the United States after
the date of enactment of this Act shall be added to, and
administered as part of, the wilderness area.
\(e\) Water Rights.—
\(1\) Findings.—Congress finds that—
\(A\) the land designated as the wilderness area—
\(i\) is within the Mojave Desert;
\(ii\) is arid in nature; and
\(iii\) includes ephemeral streams;
\(B\) the hydrology of the land designated as the wilderness
area is predominantly characterized by complex flow patterns
and alluvial fans with impermanent channels;
\(C\) the subsurface hydrogeology of the region in which the
land designated as the wilderness area is located is
characterized by—
\(i\) groundwater subject to local and regional flow
gradients; and
\(ii\) unconfined and artesian conditions;
\(D\) the land designated as the wilderness area is generally
not suitable for use or development of new water resource
facilities; and
\(E\) because of the unique nature and hydrology of the
desert land in the wilderness area, it is possible to provide
for proper management and protection of the wilderness area
and other values of land in ways different from ways used in
other laws.
\(2\) Effect.—Nothing in this section—
\(A\) constitutes an express or implied reservation by the
United States of any water or water rights with respect to
the wilderness area;
\(B\) affects any water rights in the State \(including any
water rights held by the United States\) in existence on the
date of enactment of this Act;
\(C\) establishes a precedent with regard to any future
wilderness designations;
\(D\) affects the interpretation of, or any designation made
under, any other Act; or
\(E\) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State and other States.
\(3\) State water law.—The Secretary shall follow the
procedural and substantive requirements of State law in order
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to the wilderness
area.
\(4\) New projects.—
\(A\) Definition of water resource facility.—
\(i\) In general.—In this paragraph, the term “water
resource facility” means an irrigation or pumping facility,
reservoir, water conservation work, aqueduct, canal, ditch,
pipeline, well, hydropower project, transmission or other
ancillary facility, and other water diversion, storage, or
carriage structure.
\(ii\) Exclusion.—In this paragraph, the term “water
resource facility” does not include a wildlife guzzler.
\(B\) Restriction on new water resource facilities.—Except
as otherwise provided in this section, on and after the date
of enactment of this Act, neither the President nor any other
officer, employee, or agent of the United States shall fund,
assist, authorize, or issue a license or permit for the
development of any new water resource facility within the
wilderness area.
\(f\) Wildfire, Insects, and Disease.—In accordance with
section 4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\),
the Secretary may take such measures in the wilderness area
as are necessary for the control of fire, insects, and
diseases \(including, as the Secretary determines to be
appropriate, the coordination of the activities with a State
or local agency\).
\(g\) Data Collection.—Subject to such terms and conditions
as the Secretary may prescribe, nothing in this section
precludes the installation and maintenance of hydrologic,
meteorological, or climatological collection devices in the
wilderness area, if the Secretary determines that the devices
and access to the devices are essential to flood warning,
flood control, or water reservoir operation activities.
\(h\) Military Overflights.—Nothing in this section
restricts or precludes—
\(1\) low-level overflights of military aircraft over the
wilderness area, including military overflights that can be
seen or heard within the wilderness area;
\(2\) flight testing or evaluation; or
\(3\) the designation or creation of new units of special use
airspace or the establishment of military flight training
routes, over the wilderness area.
\(i\) Wildlife Management.—
\(1\) In general.—In accordance with section 4\(d\)\(7\) of the
Wilderness Act \(16 U.S.C. 1133\(d\)\(7\)\), nothing in this
section affects or diminishes the jurisdiction of the State
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
wilderness area.
\(2\) Management activities.—In furtherance of the purposes
and principles of the Wilderness Act \(16 U.S.C. 1131 et
seq.\), the Secretary may conduct any management activities in
the wilderness area that are necessary to maintain or restore
fish and wildlife populations and the habitats to support
the populations, if the activities are carried out—
\(A\) consistent with relevant wilderness management plans or
comprehensive conservation plans; and
\(B\) in accordance with—
\(i\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and
\(ii\) appropriate policies, including policies authorizing
the occasional and temporary use of motorized vehicles, if
the use, as determined by the Secretary, would promote
healthy, viable, and more naturally distributed wildlife
populations that would enhance wilderness values with the
minimal impact necessary to reasonably accomplish those
tasks.
\(3\) Existing activities.—In accordance with section
4\(d\)\(1\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\), the
State may continue to use aircraft \(including helicopters\) to
survey, capture, transplant, monitor, and provide water for
wildlife populations.
\(4\) Wildlife water development projects.—Subject to
subsection \(e\), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for
wildlife water development projects, including guzzlers, in
the wilderness area if—
\(A\) the structures and facilities would, as determined by
the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
\(B\) the visual impacts of the structures and facilities on
the wilderness area can reasonably be minimized.
\(5\) Hunting, fishing, and trapping.—
\(A\) In general.—The Secretary may designate areas in
which, and establish periods during which, for reasons of
public safety, administration, or compliance with applicable
laws, no hunting, fishing, or trapping will be permitted in
the wilderness area.
\(B\) Consultation.—Except in an emergency, the Secretary
shall consult with the appropriate State agency and notify
the public before taking any action under subparagraph \(A\).
\(j\) Preservation of Public Access.—The area depicted as
“Corn Creek / Alamo Road” on the map entitled “Desert
National Wildlife Range Proposed Southern Paiute Wilderness
Area” and dated September 7, 2023, shall be preserved for
public access.
SA 6385. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . ENHANCED PENALTIES FOR CERTAIN CRIMES AGAINST
VETERANS.
Section 2326\(2\) of title 18, United States Code, is
amended—
\(1\) in subparagraph \(A\), by striking “or” at the end;
\(2\) in subparagraph \(B\), by striking the comma and
inserting “; or”; and
\(3\) by inserting after subparagraph \(B\) the following:
“\(C\) targeted veterans \(as such term is defined in section
101 of title 38\) of any age,”.
SA 6386. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST
VETERANS.
\(a\) In General.—Chapter 63 of title 18, United States
Code, is amended by adding at the end the following:
“Sec. 1353. Fraud regarding veterans' benefits
“\(a\) Whoever knowingly executes, or attempts to execute,
any scheme or artifice to defraud an individual of veterans'
benefits, or in connection with obtaining veteran's benefits
for that individual, shall be fined under this title,
imprisoned for not more than 5 years, or both.
“\(b\) In this section—
“\(1\) the term \`veteran' has the meaning given that term in
section 101 of title 38; and
“\(2\) the term \`veterans' benefits' means any benefit
provided by Federal law for a veteran or a dependent or
survivor of a veteran.”.
\(b\) Clerical Amendment.—The table of sections for chapter
63 of title 18, United States Code, is amended by adding at
- the end the following:
- “1353. Fraud regarding veterans' benefits.”.
SA 6387. Ms. CORTEZ MASTO \(for herself and Mr. Rounds\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . TRIBAL COURTS AS COURTS OF COMPETENT JURISDICTION
UNDER STORED COMMUNICATIONS ACT.
\(a\) Definitions.—Section 2711 of title 18, United States
Code, is amended—
\(1\) in paragraph \(3\)—
\(A\) in subparagraph \(B\), by striking “or” at the end;
\(B\) by redesignating subparagraph \(C\) as subparagraph \(D\);
\(C\) by inserting after subparagraph \(B\) the following:
“\(C\) a Tribal court; or”; and
\(D\) in subparagraph \(D\), as so redesignated, by striking
“and” at the end; and
\(2\) by striking paragraph \(4\) and inserting the following:
“\(4\) the term \`governmental entity' means a department or
agency of—
“\(A\) the United States;
“\(B\) any State or political subdivision thereof; or
“\(C\) any Indian Tribe or political subdivision thereof;
“\(5\) the term \`Indian Tribe' means any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation individually
identified \(including parenthetically\) on the most recent
list published by the Secretary of the Interior under section
104 of the Federally Recognized Indian Tribe List Act of 1994
\(25 U.S.C. 5131\); and
“\(6\) the term \`Tribal court' means a court of general
criminal jurisdiction of an Indian Tribe authorized by the
law of that Indian Tribe to issue search warrants.”.
\(b\) Required Disclosure of Customer Communications or
Records.—Section 2703 of title 18, United States Code, is
amended—
\(1\) in subsection \(a\)—
\(A\) by striking the first sentence and inserting the
following:
“\(1\) In storage 180 days or less.—A governmental entity
may require the disclosure by a provider of electronic
communication service of the contents of a wire or electronic
communication, that is in electronic storage in an electronic
communications system for 180 days or less, only pursuant to
a warrant issued by a court of competent jurisdiction—
“\(A\) issued using the procedures described in the Federal
Rules of Criminal Procedure;
“\(B\) in the case of a State court, issued using State
warrant procedures;
“\(C\) in the case of a court-martial or other proceeding
under chapter 47 of title 10 \(the Uniform Code of Military
Justice\), issued under section 846 of that title, in
accordance with regulations prescribed by the President\); or
“\(D\) in the case of a Tribal court, issued using warrant
procedures that comply with section 202\(a\)\(2\) of Public Law
90-284 \(commonly known as the \`Indian Civil Rights Act of
1968'\) \(25 U.S.C. 1302\(a\)\(2\)\).
“\(2\) In storage more than 180 days.—”; and
\(B\) in paragraph \(2\), as so designated, by striking “one
hundred and eighty days” and inserting “180 days”;
\(2\) in subsection \(b\)\(1\)—
\(A\) in subparagraph \(A\), by striking “using the procedures
described in the Federal Rules of Criminal Procedure” and
all that follows through “prescribed by the President\)” and
inserting “in accordance with subsection \(a\)\(1\)”; and
\(B\) in subparagraph \(B\)\(i\), by striking “or State” each
place it appears and inserting “, State, or Tribal”; and
\(3\) in subsection \(c\)—
\(A\) in paragraph \(1\)\(A\), by striking “using the procedures
described in the Federal Rules of Criminal Procedure” and
all that follows through “prescribed by the President\)” and
inserting “in accordance with subsection \(a\)\(1\)”; and
\(B\) in paragraph \(2\), in the undesignated matter following
subparagraph \(F\), by striking “or State” each place it
appears and inserting “, State, or Tribal”.
\(c\) Delayed Notice.—Section 2705\(a\)\(1\)\(B\) of title 18,
United States Code, is amended by striking “or State” each
place it appears and inserting “, State, or Tribal”.
\(d\) Civil Action.—Section 2707\(g\) of title 18, United
States Code, is amended, in the second sentence, by inserting
“Tribal,” after “State,”.
\(e\) Wrongful Disclosure of Video Tape Rental or Sale
Records.—Section 2710 of title 18, United States Code, is
amended—
\(1\) in subsection \(b\)\(2\)\(C\), by inserting after “an
equivalent State warrant,” the following: “a warrant issued
by a Tribal court using warrant procedures that comply with
section 202\(a\)\(2\) of Public Law 90-284 \(commonly known as the
\`Indian Civil Rights Act of 1968'\) \(25 U.S.C. 1302\(a\)\(2\)\),”;
and
\(2\) in subsection \(d\), by striking “a State, or a
political subdivision of a State” and inserting “a State or
a political subdivision thereof, or an Indian Tribe or a
political subdivision thereof”.
SA 6388. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year
### 2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1050. INNOVATIVE AND EMERGING BORDER TECHNOLOGY PLAN.
\(a\) Short Title.—This section may be cited as the
“Emerging Innovative Border Technologies Act”.
\(b\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Commissioner for U.S. Customs
and Border Protection \(referred to in this section as
“CBP”\) and the Under Secretary for Science and Technology
of the Department of Homeland Security, and in consultation
with the Department of Homeland Security's Chief Information
Officer, Chief Procurement Officer, Privacy Officer, Officer
for Civil Rights and Civil Liberties, and General Counsel,
and any other relevant offices and components of the
Department of Homeland Security, shall submit a plan to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives for identifying, integrating, and
deploying new, innovative, disruptive, or other emerging or
advanced technologies that are safe and secure to enhance CBP
capabilities to meet its mission needs along international
borders or at ports of entry.
\(c\) Contents.—The plan required under subsection \(b\) shall
include—
\(1\) information regarding how CBP utilizes the CBP
Innovation Team authority under subsection \(c\) and other
mechanisms to carry out the purposes described in subsection
\(b\);
\(2\) an assessment of the contributions directly
attributable to such utilization;
\(3\) information regarding—
\(A\) the composition of each CBP Innovation Team; and
\(B\) how each CBP Innovation Team coordinates and integrates
efforts with the CBP acquisition program office and other
partners within CBP and the Department of Homeland Security;
\(4\) the identification of technologies used by other
Federal departments or agencies not in use by CBP that could
assist in enhancing mission needs along international borders
or at ports of entry;
\(5\) an analysis of authorities available to CBP to procure
technologies referred to in subsection \(b\);
\(6\) an assessment of whether additional or alternative
authorities are needed to carry out the purposes described in
subsection \(b\);
\(7\) an explanation of how CBP plans to scale existing
programs related to emerging or advanced technologies that
are safe and secure into programs of record;
\(8\) a description of each planned security-related
technology program, including objectives, goals, and
timelines for each such program;
\(9\) an assessment of the potential privacy, civil rights,
civil liberties, and safety impacts of these technologies on
individuals, and potential mitigation measures;
\(10\) an assessment of CBP legacy border technology programs
that could be phased out and replaced with technologies
referred to in subsection \(b\), including cost estimates
relating to such phase out and replacement;
\(11\) information relating to how CBP is coordinating with
the Department of Homeland Security's Science and Technology
Directorate—
\(A\) to research and develop new, innovative, disruptive, or
other emerging or advanced technologies that are safe and
secure to carry out the purposes described in subsection \(b\);
\(B\) to identify new, innovative, disruptive, or other
emerging or advanced technologies that are safe and secure
and that are in development or have been deployed by the
private and public sectors and may satisfy the mission needs
of CBP, with or without adaptation;
\(C\) to incentivize the private sector to develop
technologies, including privacy enhancing technologies, that
may help CBP meet mission needs to enhance, or address
capability gaps in, border security operations; and
\(D\) to identify and assess ways to increase opportunities
for communication and collaboration with the private sector,
small, and disadvantaged businesses, intra-governmental
entities, university centers of excellence, and Federal
laboratories to leverage emerging technology and research
within the public and private sectors;
\(12\) information relating to how CBP is coordinating with
the Department of Homeland Security official responsible for
artificial intelligence policy to ensure the plan complies
with the Department's policies and measures promoting
responsible use of artificial intelligence;
\(13\) information regarding metrics and key performance
parameters for evaluating the effectiveness of efforts to
identify, integrate, and deploy new, innovative, disruptive,
or other emerging or advanced technologies that are safe and
secure to carry out the purposes described in subsection \(b\);
\(14\) the identification of recent technological
advancements relating to—
\(A\) manned aircraft sensor, communication, and common
operating picture technology;
\(B\) unmanned aerial systems and related technology,
including counter-unmanned aerial system technology;
\(C\) surveillance technology, including—
\(i\) mobile surveillance vehicles;
\(ii\) associated electronics, including cameras, sensor
technology, and radar;
\(iii\) tower-based surveillance technology;
\(iv\) advanced unattended surveillance sensors; and
\(v\) deployable, lighter-than-air, ground surveillance
equipment;
\(D\) nonintrusive inspection technology, including non-X-ray
devices utilizing muon tomography and other advanced
detection technology;
\(E\) tunnel detection technology; and
\(F\) communications equipment, including—
\(i\) radios;
\(ii\) long-term evolution broadband; and
\(iii\) miniature satellites;
\(15\) information relating to how CBP is coordinating with
the Department of Homeland Security's Chief Information
Officer, Chief Technology Officer, Privacy Officer, Civil
Rights and Civil Liberties Officer, General Counsel, and
other relevant offices and components of the Department in
researching, developing, acquiring, or scaling new,
innovative, disruptive, or other emerging or advanced
technologies that are safe and secure; and
\(16\) any other information the Secretary determines to be
relevant.
\(d\) CBP Innovation Team Authority.—
\(1\) In general.—The Commissioner for CBP is authorized to
maintain 1 or more CBP Innovation Teams to research and adapt
commercial technologies that are new, innovative, disruptive,
privacy enhancing, or otherwise emerging or advanced and may
be used by CBP—
\(A\) to enhance mission needs along international borders
and at ports of entry; and
\(B\) to assess potential outcomes, including any negative
consequences, of the introduction of emerging or advanced
technologies with respect to which documented capability gaps
in border security operations are yet to be determined.
\(2\) Functions.—Each CBP Innovation Team shall—
\(A\) operate consistent with the Department of Homeland
Security's and CBP's—
\(i\) procurement and acquisition management policy; and
\(ii\) policies pertaining to responsible use of artificial
intelligence; and
\(B\) consult with the Officer for Civil Rights and Civil
Liberties and the Privacy Officer of the Department of
Homeland Security to ensure programs, policies, and
procedures involving civil rights, civil liberties, and
privacy considerations are addressed in an integrated and
comprehensive manner.
\(3\) Operating procedures, planning, strategic goals.—The
Commissioner for CBP shall require each CBP Innovation Team
maintained pursuant to paragraph \(1\) to establish, in
coordination with other appropriate offices of the Department
of Homeland Security—
\(A\) operating procedures, which shall include—
\(i\) specificity regarding roles and responsibilities within
each such team and with respect to Department of Homeland
Security and non-Federal partners; and
\(ii\) protocols for entering into agreements to rapidly
transition such technologies to existing or new programs of
record to carry out the purposes described in subsection \(a\);
\(B\) planning and strategic goals for each such team that
includes projected costs, time frames, metrics, and key
performance parameters relating to the achievement of
identified strategic goals, including a metric to measure the
rate at which technologies described in subsection \(a\) are
transitioned to existing or new programs of record in
accordance with subparagraph \(A\); and
\(C\) operating procedures that ensure each such team is in
compliance with all applicable laws, rules, and regulations
and with the Department of Homeland Security's policies
pertaining to procurement and acquisition management,
privacy, civil rights and civil liberties, and the
responsible use of artificial intelligence, including risk
assessments and ongoing monitoring to ensure accuracy and
reliability.
\(4\) Annual report.—Not later than 180 days after the date
of the enactment of this Act and annually thereafter, the
Commissioner for CBP shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives information relating to the activities of the
CBP Innovation Teams, including—
\(A\) copies of operating procedures and protocols required
under paragraph \(3\)\(A\) and planning and strategic goals
required under paragraph \(3\)\(B\);
\(B\) descriptions of the technologies piloted by each such
team during the immediately preceding fiscal year,
including—
\(i\) information regarding which such technologies are
determined to have been successful; and
\(ii\) the identification of documented capability gaps that
are being addressed; and
\(C\) information regarding the status of efforts to rapidly
transition technologies determined successful to existing or
new programs of record.
\(e\) Cost-Benefit.—Before initiating the large-scale
deployment of any new technology contained in the plan
required under
subsection \(b\), the Secretary of Homeland Security shall
consider the costs and benefits to the Federal Government to
ensure that the deployment of such technology will provide
quantifiable improvements to border security.
SA 6389. Ms. CORTEZ MASTO \(for herself and Mr. Daines\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10\_\_. ANNUAL HYDROPOWER LICENSING STATUS REPORT.
Part I of the Federal Power Act \(16 U.S.C. 792 et seq.\) is
amended by adding at the end the following:
“SEC. 37. ANNUAL LICENSING STATUS REPORT.
“\(a\) In General.—Not later than 180 days after the date
of enactment of this section, and annually thereafter, the
Commission shall submit to Congress a report on the status
of—
“\(1\) the licensing process for each new license, and for
each subsequent license for which sections 14 and 15 have
been waived, for which the existing licensee has notified the
Commission under section 15\(b\)\(1\) at least 3 years prior to
submission of the report that the existing licensee intends
to file an application for the new license or subsequent
license, but the new license or subsequent license has not
yet been issued under section 15; and
“\(2\) the licensing process for each original license under
section 4\(e\) for which a citizen, association, corporation,
State, Indian Tribe, or municipality has notified the
Commission, pursuant to applicable regulations, at least 3
years prior to submission of the report that the citizen,
association, corporation, State, Indian Tribe, or
municipality intends to file an application for the original
license, but the original license has not yet been issued
under section 4\(e\).
“\(b\) Inclusions.—Each report submitted under subsection
\(a\) shall include, with respect to the licensing process for
each new license and subsequent license described in that
subsection and the licensing process for each original
license described in that subsection—
“\(1\) the date the notice of intent described in that
subsection was provided to the Commission;
“\(2\) any docket number assigned with respect to the
licensing process;
“\(3\) whether any application for the new license,
subsequent license, or original license, as applicable, has
been filed;
“\(4\) information regarding the status of the application,
including the date the Commission anticipates the Commission
will issue the original license, subsequent license, or new
license, as applicable;
“\(5\) the date of any upcoming proceeding or other meeting
relating to the original license, subsequent license, or new
license, as applicable; and
“\(6\) a description of any ongoing or completed actions
required of the existing licensee, citizen, association,
corporation, State, Indian Tribe, municipality, Commission,
any fish and wildlife agency referred to in section 15\(b\)\(3\),
and any other applicable agency.
“\(c\) Disaggregation of Information by License Type.—The
information included in each report submitted under
subsection \(a\) shall be disaggregated by whether the
information relates to a new license, or a subsequent
license, issued under section 15 or an original license
issued under section 4\(e\).”.
SA 6390. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 1248, strike subsection \(c\) and insert the
following
\(a\) Covered AI Chip Defined.—In this section, the term
“covered AI chip” means any advanced integrated circuit,
computer, or other product that—
\(1\)\(A\) is designed by or manufactured using technology
originating in the United States, including items produced
abroad using intellectual property, design software, or
semiconductor manufacturing equipment originating in the
United States; and
\(B\)\(i\) is classified or classifiable under Export Control
Classification Number 3A090, 4A090, 5A002.z, related .z
Export Control Classification Numbers, or any successor
classification; or
\(ii\) is an item that is functionally equivalent to an item
classified or classifiable as described in clause \(i\);
\(2\) an integrated circuit, computer, or other product that
is—
\(A\) classified under Export Control Classification Number
3A090 or 4A090 or related Export Control Classification
Numbers; or
\(B\) functionally equivalent or substantially similar to a
circuit, computer, or product described in subparagraph \(A\);
or
\(3\) an integrated circuit that has one or more digital
processing units with—
\(A\) a total processing performance of 4,800 or more;
\(B\) a total processing performance of 2,400 or more and a
performance density of 1.6 or more;
\(C\) a total processing performance of 1,600 or more and a
performance density of 3.2 or more; or
\(D\) a total DRAM bandwidth of 1,400 gigabytes per second or
more, interconnect bandwidth of 1,100 gigabytes per second or
more, or a sum of DRAM bandwidth and interconnect bandwidth
of 1,700 gigabytes per second or more.
SA 6391. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E—SOUTHERN NEVADA ECONOMIC DEVELOPMENT AND CONSERVATION ACT
SEC. 5001. SHORT TITLE.
This division may be cited as the “Southern Nevada
Economic Development and Conservation Act”.
SEC. 5002. DEFINITIONS.
In this division:
\(1\) County.—The term “County” means Clark County,
Nevada.
\(2\) Federal incidental take permit.—The term “Federal
incidental take permit” means an incidental take permit
issued under section 10\(a\)\(1\)\(B\) of the Endangered Species
Act of 1973 \(16 U.S.C. 1539\(a\)\(1\)\(B\)\) to—
\(A\) the Nevada Department of Transportation;
\(B\) the County; or
\(C\) any of the following cities in the State:
\(i\) Las Vegas.
\(ii\) North Las Vegas.
\(iii\) Henderson.
\(iv\) Boulder City.
\(v\) Mesquite.
\(3\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(4\) Secretary concerned.—The term “Secretary concerned”
means—
\(A\) the Secretary, with respect to Federal land managed by
the Director of the Bureau of Land Management; and
\(B\) the Secretary of Agriculture, with respect to National
Forest System land.
\(5\) State.—The term “State” means the State of Nevada.
TITLE I—TRIBAL EMPOWERMENT AND ECONOMIC DEVELOPMENT
SEC. 5101. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA
BAND OF PAIUTES.
\(a\) Definition of Tribe.—In this section and section 5102,
the term “Tribe” means the Moapa Band of Paiutes of the
Moapa River Indian Reservation, Nevada.
\(b\) Transfer of Land.—
\(1\) In general.—Subject to valid existing rights,
including existing rights-of-way for water and wastewater
facilities and for electric generation, storage,
transmission, distribution, and supporting facilities, all
right, title, and interest of the United States in and to the
land described in subsection \(c\) shall be—
\(A\) held in trust by the United States for the benefit of
the Tribe; and
\(B\) part of the reservation of the Tribe.
\(2\) Certain transmission facilities.—
\(A\) In general.—The transfer of land under paragraph \(1\)
shall be subject to the reservation to the United States of
electric transmission corridor rights-of-way, which shall be
administered by the Secretary under the laws applicable to
such rights-of-way.
\(B\) Requirements.—The Secretary shall ensure that any
payments after the date of enactment of this Act for the
right-of-way under subparagraph \(A\) shall be—
\(i\) made for the benefit of the Tribe; and
\(ii\) transferred from the Secretary to the Tribe in a
timely manner.
\(c\) Description of Land.—The land referred to in
subsection \(b\)\(1\) is the approximately 44,950 acres of land
administered by the Bureau of Land Management and the Bureau
of Reclamation, as generally depicted on the map entitled
“Southern Nevada Land Management” and dated November 14,
2024.
\(d\) Survey.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall complete a survey
of the boundary lines to establish the boundaries of the land
taken into trust under subsection \(b\)\(1\).
\(e\) Gaming.—Land taken into trust under this section shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming \(as those terms are
defined in section 4 of the Indian Gaming Regulatory Act \(25
U.S.C. 2703\)\).
\(f\) Water Rights.—
\(1\) In general.—There shall not be Federal reserved rights
to surface water or groundwater for any land taken into trust
by the United States for the benefit of the Tribe under
subsection \(b\)\(1\).
\(2\) State water rights.—The Tribe shall retain any right
or claim to water under State law for any land taken into
trust by the United States for the benefit of the Tribe under
subsection \(b\)\(1\).
SEC. 5102. TRIBAL FEE LAND TO BE HELD IN TRUST.
\(a\) In General.—All right, title, and interest of the
Tribe in and to the land described in subsection \(b\) shall
be—
\(1\) held in trust by the United States for the benefit of
the Tribe; and
\(2\) part of the reservation of the Tribe.
\(b\) Description of Land.—The land referred to in
subsection \(a\) is the approximately 196 acres of land held in
fee by the Tribe, as generally depicted on the map entitled
“Southern Nevada Land Management” and dated November 14,
2024.
\(c\) Survey.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
to establish the boundaries of the land taken into trust
under subsection \(a\).
SEC. 5103. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE LAS
VEGAS PAIUTE TRIBE.
\(a\) Definition.—In this section, the term “Tribe” means
the Las Vegas Paiute Tribe.
\(b\) Transfer of Land.—Subject to valid existing rights,
all right, title, and interest of the United States in and to
the land described in subsection \(c\) shall be—
\(1\) held in trust by the United States for the benefit of
the Tribe; and
\(2\) part of the reservation of the Tribe.
\(c\) Description of Land.—The land referred to in
subsection \(b\) is the approximately 3,156 acres of land
administered by the Bureau of Land Management, as generally
depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024.
\(d\) Survey.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall complete a survey
to establish the boundaries of the land taken into trust
under subsection \(b\).
\(e\) Renewable Energy Transmission Corridor.—As a condition
of the transfer of land under subsection \(b\), not later than
30 days after the date on which the land is taken into trust
by the United States for the benefit of the Tribe under
subsection \(b\), a 300-foot-wide right-of-way \(as generally
depicted on the map described in subsection \(c\)\) shall be
granted by the Tribe to a qualified electric utility for the
construction and maintenance of high-voltage transmission
facilities consistent with existing renewable energy
transmission agreements between the Tribe and the qualified
electric utility on the Snow Mountain Reservation.
\(f\) Gaming.—Land taken into trust under this section shall
not be eligible, or considered to have been taken into trust,
for class II gaming or class III gaming \(as those terms are
defined in section 4 of the Indian Gaming Regulatory Act \(25
U.S.C. 2703\)\).
\(g\) Water Rights.—
\(1\) In general.—Nothing in this section affirms or denies
Federal reserved rights to surface water or groundwater for
any land taken into trust by the United States for the
benefit of the Tribe under subsection \(b\).
\(2\) State water rights.—The Tribe shall retain any right
or claim to water under State law for any land taken into
trust by the United States for the benefit of the Tribe under
subsection \(b\).
\(h\) Intergovernmental Agreement.—Nothing in this section
affects the implementation of the March 2021
Intergovernmental Agreement between the Las Vegas Paiute
Tribe and the City of Las Vegas.
\(i\) Conforming Amendment.—Section 3092 of the Carl Levin
and Howard P. “Buck” McKeon National Defense Authorization
Act for Fiscal Year 2015 \(Public Law 113-291; 128 Stat. 3870\)
is amended by striking subsection \(d\).
TITLE II—CLARK COUNTY, NEVADA
SEC. 5201. DEFINITION OF PUBLIC PARK UNDER THE RED ROCK
CANYON NATIONAL CONSERVATION AREA PROTECTION
AND ENHANCEMENT ACT OF 2002.
Section 102 of the Red Rock Canyon National Conservation
Area Protection and Enhancement Act of 2002 \(16 U.S.C.
460ccc-4 note; Public Law 107-282\) is amended—
\(1\) by redesignating paragraphs \(1\), \(2\), and \(3\) as
paragraphs \(2\), \(4\), and \(5\), respectively;
\(2\) by inserting before paragraph \(2\) \(as so redesignated\)
the following:
“\(1\) Associated supportive use.—The term \`associated
supportive use' means a use that supports the overall
function and enjoyment of a public park.”; and
\(3\) by inserting after paragraph \(2\) \(as so redesignated\)
the following:
“\(3\) Public park.—The term \`public park' includes land
developed or managed by a partnership between Clark County,
Nevada, and a private entity for recreational uses and
associated supportive uses, including uses that require a fee
for admittance or use of property within the public park.”.
SEC. 5202. RED ROCK CANYON NATIONAL CONSERVATION AREA
BOUNDARY ADJUSTMENT.
Section 3\(a\) of the Red Rock Canyon National Conservation
Area Establishment Act of 1990 \(16 U.S.C. 460ccc-1\(a\)\) is
amended by striking paragraph \(2\) and inserting the
following:
“\(2\) The conservation area shall consist of approximately
253,950 acres of land, as generally depicted on the map
entitled \`Southern Nevada Land Management' and dated November
14, 2024.”.
SEC. 5203. LAND DISPOSAL AND PUBLIC PURPOSE CONVEYANCES.
\(a\) Land Disposal.—
\(1\) In general.—Section 4\(a\) of the Southern Nevada Public
Land Management Act of 1998 \(Public Law 105-263; 112 Stat.
2344; 116 Stat. 2007; 127 Stat. 3872\) is amended, in the
first sentence, by striking “September 17, 2012.” and
inserting “November 14, 2024. The Secretary and Clark County
shall jointly nominate not more than 25,000 acres from land
depicted on the map as \`Proposed Expanded Las Vegas Disposal
Boundary' for addition to the disposal boundary.”.
\(2\) Sand and gravel.—For purposes of the Southern Nevada
Public Land Management Act of 1998 \(Public Law 105-263; 112
Stat. 2343\) or the Clark County Conservation of Public Land
and Natural Resources Act of 2002 \(Public Law 107-282; 116
Stat. 1994\), the Secretary may authorize any of the
following:
\(A\) The movement of common varieties of sand and gravel on
a surface estate acquired under the Southern Nevada Public
Land Management Act of 1998 \(Public Law 105-263; 112 Stat.
2343\) or the Clark County Conservation of Public Land and
Natural Resources Act of 2002 \(Public Law 107-282; 116 Stat.
1994\) by the owner of the surface estate for purposes
including recontouring or balancing the surface estate or
filling utility trenches on the surface estate.
\(B\) The disposal of sand or gravel described in
subparagraph \(A\) at an off-site landfill.
\(b\) Recreation and Public Purpose Act Conveyances.—Not
later than 180 days after the date of enactment of this Act,
the Secretary shall offer to enter into an agreement with the
County under which the County is authorized to implement
immediate management modifications necessary to protect and
improve public health and safety on Federal land conveyed to
the County under the authority of the Act of June 14, 1926
\(commonly known as the “Recreation and Public Purposes
Act”\) \(43 U.S.C. 869 et seq.\), for public safety facilities
\(including flood control and water management facilities\),
parks, and educational facilities, without requiring approval
of the Secretary, consistent with the requirements of that
Act.
\(c\) Use of Public-Private Partnerships by Units of Local
Government for Affordable Housing.—Section 7\(b\) of the
Southern Nevada Public Land Management Act of 1998 \(Public
Law 105-263; 112 Stat. 2349\) is amended—
\(1\) in the first sentence, by striking “The Secretary”
and inserting the following:
“\(1\) In general.—The Secretary”; and
\(2\) by adding the following:
“\(2\) Review prioritization.—If a local governmental
entity submits an application to use land for affordable
housing purposes under this subsection, the Secretary shall
prioritize review of the application over other pending land
disposal applications under this Act.
“\(3\) Deadline.—The Secretary \(and the Secretary of
Housing and Urban Development, if applicable\) shall complete
all necessary reviews of an application submitted under this
subsection not later than 180 days after the date of
submission of the application, consistent with any applicable
laws.”.
SEC. 5204. REVOCATION OF IVANPAH AREA OF CRITICAL
ENVIRONMENTAL CONCERN AND ESTABLISHMENT OF
SPECIAL MANAGEMENT AREAS.
\(a\) Revocation of Ivanpah Area of Critical Environmental
Concern.—Any portion of the designation by the Bureau of
Land Management of the Ivanpah Area of Critical Environmental
Concern in the State dated February 14, 2014, not included
within a Special Management Area designated by subsection \(b\)
is revoked.
\(b\) Establishment of Special Management Areas.—The
following areas in the County are designated as special
management areas:
\(1\) Stump springs special management area.—Certain Federal
land in the County administered by the Bureau of Land
Management, comprising approximately 140,976 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Stump Springs Special Management Area”.
\(2\) Bird springs valley special management area.—Certain
Federal land in the County administered by the Bureau of Land
Management, comprising approximately 39,327 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Bird Springs Valley Special Management Area”.
\(3\) Desert tortoise protective corridor special management
area.—Certain Federal land in the County administered by the
Bureau of Land Management, comprising approximately 45,881
acres, as generally depicted on the map entitled “Southern
Nevada Land Management” and dated November 14, 2024, which
shall be known as the “Desert Tortoise Protective Corridor
Special Management Area”.
\(4\) Jean lake special management area.—Certain Federal
land in the County administered by the Bureau of Land
Management, comprising approximately 2,645 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Jean Lake Special Management Area”.
\(5\) Gale hills special management area.—Certain Federal
land in the County administered by the Bureau of Land
Management, comprising approximately 16,355 acres, as
generally depicted on the map entitled
“Southern Nevada Land Management” and dated November 14,
2024, which shall be known as the “Gale Hills Special
Management Area”.
\(6\) California wash special management area.—Certain
Federal land in the County administered by the Bureau of Land
Management, comprising approximately 10,120 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “California Wash Special Management Area”.
\(7\) Bitter springs special management area.—Certain
Federal land in the County administered by the Bureau of Land
Management, comprising approximately 61,813 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Bitter Springs Special Management Area”.
\(8\) Muddy mountains special management area.—Certain
Federal land in the County administered by the Bureau of Land
Management, comprising approximately 33,430 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Muddy Mountains Special Management Area”.
\(9\) Mesa milkvetch special management area.—Certain
Federal land in the County administered by the Bureau of Land
Management, comprising approximately 8,417 acres, as
generally depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, which shall be
known as the “Mesa Milkvetch Special Management Area”.
\(c\) Purposes.—The purposes of a special management area
designated by subsection \(b\) \(referred to in this section as
a “Special Management Area”\) are to conserve, protect, and
enhance for the benefit and enjoyment of present and future
generations the cultural, archaeological, natural,
wilderness, scientific, geological, historical, biological,
wildlife \(including wildlife referred to in the Clark County
Multiple Species Habitat Conservation Plan\), educational, and
scenic resources of the Special Management Area.
\(d\) Management of Special Management Areas.—
\(1\) In general.—The Secretary shall manage each Special
Management Area—
\(A\) in a manner that—
\(i\) conserves, protects, and enhances the purposes for
which the Special Management Area is established; and
\(ii\) ensures protection of species covered by the Clark
County Multiple Species Habitat Conservation Plan and Federal
incidental take permit; and
\(B\) in accordance with—
\(i\) this section;
\(ii\) the Federal Land Policy and Management Act of 1976 \(43
U.S.C. 1701 et seq.\); and
\(iii\) any other applicable law.
\(2\) Uses.—The Secretary shall allow only uses of a Special
Management Area that are consistent with the purposes for
which the Special Management Area is established.
\(3\) Motorized vehicles; new roads.—
\(A\) Motorized vehicles.—Except as needed for emergency
response or administrative purposes, the use of motorized
vehicles in the Special Management Areas shall be permitted
only on roads and motorized routes designated for the use of
motorized vehicles in the management plan developed under
subsection \(h\).
\(B\) New roads.—No new permanent or temporary roads or
other motorized vehicle routes shall be constructed within
the Special Management Areas after the date of enactment of
this Act.
\(e\) Map and Legal Description.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each Special Management Area.
\(2\) Effect.—A map or legal description filed under
paragraph \(1\) shall have the same force and effect as if
included in this division.
\(3\) Corrections.—The Secretary, in consultation and
coordination with the County, may correct minor errors in a
map or legal description filed under paragraph \(1\).
\(4\) Public availability.—A copy of each map and legal
description filed under paragraph \(1\) shall be on file and
available for public inspection in the appropriate offices of
the Bureau of Land Management.
\(f\) Incorporation of Acquired Land and Interests in Land.—
Any land or interest in land that is acquired by the United
States within a Special Management Area shall—
\(1\) become part of the Special Management Area in which the
acquired land or interest in land is located;
\(2\) be withdrawn in accordance with subsection \(g\); and
\(3\) be managed in accordance with subsection \(d\).
\(g\) Withdrawal.—Subject to valid existing rights, all
Federal land within a Special Management Area is withdrawn
from—
\(1\) all forms of entry, appropriation, and disposal under
the public land laws;
\(2\) location, entry, and patent under the mining laws; and
\(3\) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
\(h\) Management Plan.—As soon as practicable, but not later
than 1 year, after the date on which the County is issued an
amended Federal incidental take permit under section 5205,
the Secretary, in consultation and coordination with the
County, shall—
\(1\) develop a comprehensive management plan for the long-
term protection and management of the Special Management
Areas; and
\(2\) amend the applicable resource management plan to
incorporate the provisions of the management plan for the
Special Management Areas developed under paragraph \(1\).
\(i\) Transportation and Utility Corridors.—
\(1\) In general.—Consistent with this subsection, the
management plan for the Special Management Areas developed
under subsection \(h\) shall establish provisions, including
avoidance, minimization, and mitigation measures, for ongoing
maintenance of public utility and other rights-of-way in
existing designated transportation and utility corridors
within a Special Management Area.
\(2\) Effect.—Nothing in this section—
\(A\) affects the existence, use, operation, maintenance,
repair, construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition, relocation
improvement funding, removal, or replacement of any utility
facility or appurtenant right-of-way within an existing
designated transportation and utility corridor within a
Special Management Area;
\(B\) precludes the Secretary from authorizing the
establishment of a new or the renewal or expansion of an
existing utility facility right-of-way within an existing
designated transportation and utility corridor within a
Special Management Area, including the potential realignment
of a corridor numbered 224-225 established under section 368
of the Energy Policy Act of 2005 \(42 U.S.C. 15926\) through
the Stump Springs Management Area—
\(i\) in accordance with—
\(I\) the National Environmental Policy Act of 1969 \(42
U.S.C. 4321 et seq.\); and
\(II\) any other applicable law; and
\(ii\) subject to such terms and conditions as the Secretary
determines to be appropriate; or
\(C\) prohibits access to, or the repair or replacement of, a
transmission line within a right-of-way within a Special
Management Area issued before the date of enactment of this
Act.
\(j\) Effect.—Nothing in this section prevents or interferes
with—
\(1\) the construction or operation of the Ivanpah Valley
Airport authorized under the Ivanpah Valley Airport Public
Lands Transfer Act \(Public Law 106-362; 114 Stat. 1404\); or
\(2\) the Airport Environs Overlay District authorized under
section 501\(c\) of the Clark County Conservation of Public
Land and Natural Resources Act of 2002 \(Public Law 107-282;
116 Stat. 2008\) and section 3092\(i\) of the Carl Levin and
Howard P. “Buck” McKeon National Defense Authorization Act
for Fiscal Year 2015 \(Public Law 113-291; 128 Stat. 3875\).
SEC. 5205. RELATIONSHIP TO THE CLARK COUNTY MULTIPLE SPECIES
HABITAT CONSERVATION PLAN.
\(a\) Extension of Habitat Conservation Plan.—On receipt
from the County of a complete application for an amendment to
the applicable Federal incidental take permit, as required by
sections 17.22\(b\)\(1\) and 17.32\(b\)\(1\) of title 50, Code of
Federal Regulations \(or successor regulations\), and an
amended Clark County Multiple Species Habitat Conservation
Plan which incorporates the Special Management Areas
established by section 5204\(b\) and the provisions of the
management plan required under section 5204\(h\), the Secretary
shall, in accordance with this division, the National
Environmental Policy Act of 1969 \(42 U.S.C. 4321 et seq.\),
the Endangered Species Act of 1973 \(16 U.S.C. 1531 et seq.\),
and any other applicable Federal environmental laws—
\(1\) credit approximately 358,954 acres of the land
conserved and designated as Special Management Areas under
section 5204\(b\), as depicted on the map entitled “Southern
Nevada Land Management” and dated November 14, 2024, as
mitigation to fully or partially offset, as determined by the
Secretary using the best available scientific and commercial
information, additional incidental take impacts resulting
from development of additional land within the County covered
under the existing Clark County Multiple Species Habitat
Conservation Plan or to be covered through an amendment to
the Clark County Multiple Species Habitat Conservation Plan
and Federal incidental take permit; and
\(2\) extend the Clark County Multiple Species Habitat
Conservation Plan and Federal incidental take permit for the
maximum authorized duration, as determined by the Secretary.
\(b\) Effect.—Nothing in this division otherwise limits,
alters, modifies, or amends the Clark County Multiple Species
Habitat Conservation Plan.
SEC. 5206. DESIGNATION OF MAUDE FRAZIER MOUNTAIN.
\(a\) In General.—The peak of Frenchman Mountain in the
State located at latitude 3610031'45" N, by longitude
11459031'52" W, shall be designated as “Maude Frazier
Mountain”.
\(b\) References.—Any reference in a law, map, regulation,
document, record, or other paper of the United States to the
peak described in subsection \(a\) shall be considered to be a
reference to “Maude Frazier Mountain”.
SEC. 5207. AVAILABILITY OF SPECIAL ACCOUNT.
Section 4\(e\)\(3\)\(A\)\(ii\) of the Southern Nevada Public Land
Management Act of 1998
\(Public Law 105-263; 112 Stat. 2346; 120 Stat. 3045\) is
amended by striking “the Great Basin National Park, and
other areas” and inserting “the Great Basin National Park,
the Tule Springs Fossil Bed National Monument, and other
areas”.
SEC. 5208. NEVADA CANCER INSTITUTE LAND CONVEYANCE.
Section 2603\(a\)\(3\) of the Omnibus Public Land Management
Act of 2009 \(Public Law 111-11; 123 Stat. 1118\) is amended by
inserting “, or any successors in interest” before the
period at the end.
SEC. 5209. SLOAN CANYON NATIONAL CONSERVATION AREA BOUNDARY
ADJUSTMENT.
\(a\) Definitions.—In this section:
\(1\) Conservation area.—The term “Conservation Area”
means the Sloan Canyon National Conservation Area.
\(2\) Secretary.—The term “Secretary” means the Secretary
\(acting through the Director of the Bureau of Land
Management\).
\(b\) Boundary Adjustment.—
\(1\) Map.—Section 603\(4\) of the Sloan Canyon National
Conservation Area Act \(16 U.S.C. 460qqq-1\(4\)\) is amended by
striking “map entitled \`Southern Nevada Public Land
Management Act' and dated October 1, 2002” and inserting
“map entitled \`Proposed Sloan Canyon Expansion' and dated
May 20, 2024”.
\(2\) Acreage.—Section 604\(b\) of the Sloan Canyon National
Conservation Area Act \(16 U.S.C. 460qqq-2\(b\)\) is amended by
striking “48,438” and inserting “57,728”.
\(c\) Right-of-Way.—Section 605 of the Sloan Canyon National
Conservation Area Act \(16 U.S.C. 460qqq-3\) is amended by
adding at the end the following:
“\(h\) Horizon Lateral Pipeline Right-of-Way.—
“\(1\) In general.—Notwithstanding sections 202 and 503 of
the Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1712, 1763\) and subject to valid existing rights and
paragraph \(3\), the Secretary of the Interior, acting through
the Director of the Bureau of Land Management \(referred to in
this subsection as the \`Secretary'\), shall, not later than 1
year after the date of enactment of this subsection, grant to
the Southern Nevada Water Authority \(referred to in this
subsection as the \`Authority'\), not subject to the payment of
rents or other charges, the temporary and permanent water
pipeline infrastructure, and outside the boundaries of the
Conservation Area, powerline, facility, and access road
rights-of-way depicted on the map for the purposes of—
“\(A\) performing geotechnical investigations within the
rights-of-way; and
“\(B\) constructing and operating water transmission and
related facilities.
“\(2\) Excavation and disposal.—
“\(A\) In general.—The Authority may, without
consideration, excavate and use or dispose of sand, gravel,
minerals, or other materials from the tunneling of the water
pipeline necessary to fulfill the purpose of the rights-of-
way granted under paragraph \(1\).
“\(B\) Memorandum of understanding.—Not later than 30 days
after the date on which the rights-of-way are granted under
paragraph \(1\), the Secretary and the Authority shall enter
into a memorandum of understanding identifying Federal land
on which the Authority may dispose of materials under
subparagraph \(A\) to further the interests of the Bureau of
Land Management.
“\(3\) Requirements.—A right-of-way issued under this
subsection shall be subject to the following requirements:
“\(A\) The Secretary may include reasonable terms and
conditions, consistent with section 505 of the Federal Land
Policy and Management Act of 1976 \(43 U.S.C. 1765\), as are
necessary to protect Conservation Area resources.
“\(B\) Construction of the water pipeline shall not
permanently adversely affect conservation area surface
resources.
“\(C\) The right-of-way shall not be located through or
under any area designated as wilderness.”.
\(d\) Preservation of Transmission and Utility Corridors and
Rights-of-Way.—The expansion of the Conservation Area
boundary under the amendment made by subsection \(b\)—
\(1\) shall be subject to valid existing rights, including
land within a designated utility transmission corridor or a
transmission line right-of-way grant approved by the
Secretary in a record of decision issued before the date of
enactment of this Act; and
\(2\) shall not preclude—
\(A\) any activity authorized in accordance with a designated
corridor or right-of-way referred to in paragraph \(1\),
including the operation, maintenance, repair, or replacement
of any authorized utility facility within the corridor or
right-of-way; or
\(B\) the Secretary from authorizing the establishment of a
new utility facility right-of-way within an existing
designated transportation and utility corridor referred to in
paragraph \(1\)—
\(i\) in accordance with the National Environmental Policy
Act of 1969 \(42 U.S.C. 4321 et seq.\) and other applicable
laws; and
\(ii\) subject to such terms and conditions as the Secretary
determines to be appropriate.
\(e\) Management of the Conservation Area.—Except as
provided in the amendment made by subsection \(c\), nothing in
this section or the amendments made by this section shall
modify the management of the Conservation Area pursuant to
section 605 of the Sloan Canyon National Conservation Area
Act \(16 U.S.C. 460qqq-3\).
SEC. 5210. CLARK COUNTY CONVEYANCE.
\(a\) Definition of Job Creation Zone.—In this section, the
term “Job Creation Zone” means the approximately 350 acres
of Federal land located in Sloan, Nevada, and identified as
“Clark County Job Creation Zone” on the map entitled
“Southern Nevada Land Management” and dated November 14,
2024.
\(b\) Clark County Conveyance.—
\(1\) Conveyance.—Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1712, 1713\), on request of the County, the Secretary shall,
without consideration and subject to all valid existing
rights, convey to the County all right, title, and interest
of the United States in and to the Job Creation Zone, except
as otherwise provided in this subsection.
\(2\) Use of land for nonresidential development.—
\(A\) In general.—After the date of the conveyance to the
County under paragraph \(1\), the County may sell, lease, or
otherwise convey any portion or portions of the Job Creation
Zone for purposes of nonresidential development, subject to
subparagraphs \(B\) and \(C\).
\(B\) Fair market value.—Any sale, lease, or other
conveyance of land under subparagraph \(A\) shall be for not
less than fair market value.
\(C\) Disposition of proceeds.—The gross proceeds from the
sale, lease, or other conveyance of land under subparagraph
\(A\) shall be distributed in accordance with section 4\(e\) of
the Southern Nevada Public Land Management Act of 1998
\(Public Law 105-263; 112 Stat. 2345\).
\(3\) Use of land for recreation or other public purposes.—
The County may elect to retain parcels in the Job Creation
Zone for public recreation or other public purposes
consistent with the Act of June 14, 1926 \(commonly known as
the “Recreation and Public Purposes Act”\) \(43 U.S.C. 869 et
seq.\), by providing to the Secretary written notice of the
election.
\(4\) Noise compatibility requirements.—The County shall—
\(A\) plan and manage the Job Creation Zone in accordance
with section 47504 of title 49, United States Code, and
regulations promulgated in accordance with that section; and
\(B\) agree that if any land in the Job Creation Zone is
sold, leased, or otherwise conveyed by the County, the sale,
lease, or conveyance shall contain a limitation to require
uses compatible with airport noise compatibility planning.
\(5\) Reversion.—
\(A\) In general.—If any parcel of land within the Job
Creation Zone is not conveyed for nonresidential development
under this section or reserved for recreation or other public
purposes under paragraph \(3\) by the date that is 30 years
after the date of enactment of this Act, the parcel of land
shall, at the discretion of the Secretary, revert to the
United States.
\(B\) Inconsistent use.—If the County uses any parcel of
land within the Job Creation Zone in a manner that is
inconsistent with the uses specified in this subsection, at
the discretion of the Secretary, the parcel shall revert to
the United States.
TITLE III—WILDERNESS
SEC. 5301. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION
SYSTEM.
\(a\) Designation.—Section 202\(a\) of the Clark County
Conservation of Public Land and Natural Resources Act of 2002
\(16 U.S.C. 1132 note; Public Law 107-282; 116 Stat. 1999\) is
amended—
\(1\) in paragraph \(3\), by striking “2002” and inserting
“2002, and the approximately 10,095 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(2\) in paragraph \(4\), by striking “2002” and inserting
“2002, and the approximately 3,789 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(3\) in paragraph \(5\), by striking “2002” and inserting
“2002, and the approximately 19,716 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(4\) in paragraph \(11\), by striking “2002” and inserting
“2002, and the approximately 33,164 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(5\) in paragraph \(12\), by striking “2002” and inserting
“2002, and the approximately 30,134 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(6\) in paragraph \(16\), by striking “2002” and inserting
“2002, and the approximately 29,966 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”;
\(7\) in paragraph \(17\), by striking “2002” and inserting
“2002, and the approximately 699 acres of Federal land
managed by the Bureau of Land Management, as generally
depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024”; and
\(8\) by adding at the end the following:
“\(19\) Mount stirling wilderness.—Certain Federal land
managed by the Bureau of Land Management and the Forest
Service, comprising approximately 72,942 acres, as
generally depicted on the map entitled \`Southern Nevada Land
Management' and dated November 14, 2024, which shall be known
as the \`Mount Stirling Wilderness'.
“\(20\) Gates of the grand canyon wilderness.—Certain
Federal land managed by the National Park Service, comprising
approximately 91,963 acres, as generally depicted on the map
entitled \`Southern Nevada Land Management' and dated November
14, 2024, which shall be known as the \`Gates of the Grand
Canyon Wilderness'.
“\(21\) New york mountains wilderness.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 14,459 acres, as generally depicted on the map
entitled \`Southern Nevada Land Management' and dated November
14, 2024, which is incorporated in, and considered to be a
part of, the Mojave Wilderness designated by section
601\(a\)\(3\) of the California Desert Protection Act of 1994 \(16
U.S.C. 1132 note; Public Law 103-433; 108 Stat. 4496\).
“\(22\) Piute mountains wilderness.—Certain Federal land
managed by the Bureau of Land Management, comprising
approximately 7,520 acres, as generally depicted on the map
entitled \`Southern Nevada Land Management' and dated November
14, 2024, which is incorporated in, and considered to be a
part of, the Mojave Wilderness designated by section
601\(a\)\(3\) of the California Desert Protection Act of 1994 \(16
U.S.C. 1132 note; Public Law 103-13 433; 108 Stat. 4496\).
“\(23\) Southern paiute wilderness.—Certain Federal land
managed by the Director of the United States Fish and
Wildlife Service, comprising approximately 1,276,246 acres,
as generally depicted as \`Southern Paiute Wilderness' on the
map entitled \`Southern Nevada Land Management' and dated
November 14, 2024, which shall be known as the \`Southern
Paiute Wilderness'.
“\(24\) Lucy gray wilderness.—Certain Federal land managed
by the Bureau of Land Management, comprising approximately
9,601 acres, as generally depicted on the map entitled
\`Southern Nevada Land Management' and dated November 14,
2024, which shall be known as the \`Lucy Gray Wilderness'.”.
\(b\) Applicable Law.—Subject to valid existing rights and
notwithstanding section 203\(a\) of the Clark County
Conservation of Public Land and Natural Resources Act of 2002
\(16 U.S.C. 1132 note; Public Law 107-282; 116 Stat. 2002\),
any reference in the Wilderness Act \(16 U.S.C. 1131 et seq.\)
to the effective date of that Act shall be considered to be a
reference to the date of enactment of this Act for purposes
of administering land designated as wilderness or a
wilderness addition by an amendment to section 202\(a\) of the
Clark County Conservation of Public Land and Natural
Resources Act of 2002 \(16 U.S.C. 1132 note; Public Law 107-
282; 116 Stat. 1999\) made by subsection \(a\).
TITLE IV—LOCAL GOVERNMENT CONVEYANCES IN THE STATE OF NEVADA FOR
PUBLIC PURPOSES
SEC. 5401. CITY OF BOULDER CITY, NEVADA, CONVEYANCE.
\(a\) Definitions.—In this section:
\(1\) City.—The term “City” means the city of Boulder
City, Nevada.
\(2\) Federal land.—The term “Federal land” means the
public land that was reserved to the United States, as
described in item 2 under exhibit B of Patent Nev-048100,
which was created pursuant to Public Law 85-339 \(72 Stat.
31\).
\(b\) Authorization of Conveyance.—On request of the City,
the Secretary shall convey to the City, without
consideration, all right, title, and interest of the United
States in and to the Federal land, except as otherwise
provided in this section.
\(c\) Administration of Acquired Land.—
\(1\) In general.—The Federal land conveyed under subsection
\(b\) shall be subject to valid existing rights.
\(2\) Administrative authority.—The Secretary shall continue
to have administrative authority over the Federal land
conveyed under subsection \(b\) after the date of the
conveyance.
\(d\) Reversion.—
\(1\) In general.—If the Federal land conveyed under
subsection \(b\) ceases to be used for the public purpose for
which the Federal land was conveyed, the Federal land shall
revert to the United States, at the discretion of the
Secretary, if the Secretary determines that reversion is in
the best interest of the United States.
\(2\) Responsibility of city.—If the Secretary determines
under paragraph \(1\) that the Federal land should revert to
the United States and that the Federal land is contaminated
with hazardous waste, the City shall be responsible for
remediation of the contamination of the Federal land.
SEC. 5402. CITY OF MESQUITE, NEVADA, CONVEYANCE FOR THE
PROTECTION OF THE VIRGIN RIVER WATERSHED.
\(a\) Definitions.—In this section:
\(1\) City.—The term “City” means the city of Mesquite,
Nevada.
\(2\) Federal land.—The term “Federal land” means the
approximately 250 acres of Federal land, as generally
depicted on the Map.
\(3\) Map.—The term “Map” means the map entitled “City of
Mesquite, River Park” and dated November 18, 2024.
\(b\) Authorization of Conveyance.—Notwithstanding the land
use planning requirements of sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1712, 1713\), on request of the City, the Secretary shall
convey to the City, without consideration, all right, title,
and interest of the United States \(except for the
reversionary interest described in subsection \(d\)\) in and to
the Federal land for use by the City in developing and
implementing a watershed management plan for the protection
of the Virgin River watershed, subject to the provisions of
this section.
\(c\) Map and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall complete the
surveys necessary to develop the final legal descriptions of
the Federal land to be conveyed under subsection \(b\).
\(2\) Corrections.—The Secretary may correct any minor
errors in the Map or legal descriptions prepared under
paragraph \(1\).
\(3\) Availability.—The Map and legal descriptions prepared
under paragraph \(1\) shall be on file and available for public
inspection in the Las Vegas Field Office of the Bureau of
Land Management.
\(d\) Reversion.—
\(1\) In general.—If the Federal land conveyed under
subsection \(b\) ceases to be used for the public purpose for
which the Federal land was conveyed, the Federal land shall
revert to the United States, at the discretion of the
Secretary, if the Secretary determines that reversion is in
the best interest of the United States.
\(2\) Responsibility of city.—If the Secretary determines
under paragraph \(1\) that the Federal land should revert to
the United States and that the Federal land is contaminated
with hazardous waste, the City shall be responsible for the
remediation of the contamination of the Federal land.
SEC. 5403. CLARK COUNTY, NEVADA, CONVEYANCE TO SUPPORT PUBLIC
SAFETY AND WILDFIRE RESPONSE.
\(a\) Authorization of Conveyance.—Notwithstanding the land
use planning requirements of sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1712, 1713\), on request of the County, the Secretary
concerned shall convey to the County, on completion of any
necessary environmental analysis under any applicable law,
including the National Environmental Policy Act of 1969 \(42
U.S.C. 4321 et seq.\), without consideration, all right,
title, and interest of the United States in and to the
following parcels of Federal land, subject to the provisions
of this section and consistent with uses allowed under the
Act of June 14, 1926 \(commonly known as the “Recreation and
Public Purposes Act”\) \(43 U.S.C. 869 et seq.\).
\(1\) Mount charleston public safety complex.—The
approximately 12-acre parcel of Federal land generally
depicted as Parcel A on the map entitled “Southern Nevada
Economic Development and Conservation Act Mount Charleston
Public Safety Complex” and dated November 22, 2024, and the
1.5-acre parcel of Federal land depicted on the map entitled
“Southern Nevada Economic Development and Conservation Act
Parcel for Lee Canyon Fire Station” and dated November 22,
2024, for police and fire facilities.
\(2\) Public safety training facilities.—The approximately
127.6 acres of Federal land, as generally depicted on the map
entitled “Metro Parcels” and dated November 18, 2024, for
public safety training facilities.
\(b\) Payment of Costs.—As a condition of the conveyance
under subsection \(a\), the County shall pay any costs relating
to any land surveys and other associated costs of conveying
the parcels of Federal land under subsection \(a\).
\(c\) Map and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
legal descriptions of the parcels of Federal land to be
conveyed under subsection \(a\).
\(2\) Corrections.—The Secretary concerned may correct any
minor errors in the maps described in subsection \(a\) or legal
descriptions prepared under paragraph \(1\).
\(3\) Availability.—The maps described in subsection \(a\) and
legal descriptions prepared under paragraph \(1\) shall be on
file and available for public inspection in the appropriate
offices of the Bureau of Land Management or the Forest
Service, as applicable.
\(d\) Reversion.—
\(1\) In general.—If any parcel of Federal land conveyed
under subsection \(a\) ceases to be used for the public purpose
for which the parcel of Federal land was conveyed, the parcel
of Federal land shall revert to the United States, at the
discretion of the Secretary concerned, if the Secretary
concerned determines that reversion is in the best interest
of the United States.
\(2\) Responsibility of county.—If the Secretary concerned
determines under paragraph \(1\) that a parcel of Federal land
should revert to the United States and that the parcel of
Federal land is contaminated with hazardous waste, the County
shall be responsible for remediation of the contamination of
the parcel of Federal land.
SEC. 5404. MOAPA VALLEY WATER DISTRICT, NEVADA, CONVEYANCE TO
SUPPORT ACCESS TO RURAL WATER SUPPLY.
\(a\) Definitions.—In this section:
\(1\) District.—The term “District” means the Moapa Valley
Water District.
\(2\) Federal land.—The term “Federal land” means the
approximately 121 acres of Federal land, as generally
depicted on the Map.
\(3\) Map.—The term “Map” means the map entitled “Moapa
Valley Water District-Facilities and Land Conveyances” and
dated November 18, 2024.
\(b\) Authorization of Conveyance.—
\(1\) In general.—Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 \(43 U.S.C. 1712, 1713\) and
subject to paragraph \(2\), on request of the District, the
Secretary shall convey to the District, without
consideration, all right, title, and interest of the United
States in and to the Federal land for the construction,
operation, and maintenance of critical water conveyance
infrastructure necessary to supply water to the communities
of Logandale, Overton, Glendale, and Moapa, Nevada, except as
otherwise provided in this section.
\(2\) Limitation.—If any parcel of Federal land authorized
for conveyance under paragraph \(1\) is subject to transfer for
the benefit of the Tribe \(as defined in section 5101\(a\)\), the
interest in the parcel of Federal land to be conveyed to the
District under paragraph \(1\) shall be in the form of a right-
of-way for construction, maintenance, and operation of
critical water conveyance infrastructure.
\(c\) Map and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare final
legal descriptions of the Federal land to be conveyed under
subsection \(b\).
\(2\) Corrections.—The Secretary may correct any minor
errors in the Map or legal descriptions prepared under
paragraph \(1\).
\(3\) Availability.—The Map and legal descriptions prepared
under paragraph \(1\) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
\(d\) Reversion.—
\(1\) In general.—If the Federal land conveyed under
subsection \(b\) ceases to be used for the public purpose for
which the Federal land was conveyed, as described in
subsection \(b\), the Federal land shall revert to the United
States, at the discretion of the Secretary, if the Secretary
determines that reversion is in the best interest of the
United States.
\(2\) Responsibility of district.—If the Secretary
determines under paragraph \(1\) that the Federal land should
revert to the United States and that the Federal land is
contaminated with hazardous waste, the District shall be
responsible for remediation of the contamination of the
Federal land.
SEC. 5405. CITY OF NORTH LAS VEGAS, NEVADA, CONVEYANCE FOR
FIRE TRAINING FACILITY.
\(a\) Definitions.—In this section:
\(1\) City.—The term “City” means the City of North Las
Vegas, Nevada.
\(2\) Federal land.—The term “Federal land” means the
approximately 10 acres of Federal land, as generally depicted
on the Map.
\(3\) Map.—The term “Map” means the map entitled “North
Las Vegas Fire Department Training Facility” and dated
November 18, 2024.
\(b\) Authorization of Conveyance.—Notwithstanding the land
use planning requirements of sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 \(43 U.S.C.
1712, 1713\), on request of the City, the Secretary shall
convey to the City, without consideration, all right, title,
and interest of the United States in and to the Federal land
for the construction, operation, and maintenance of a
training facility necessary to support public safety and fire
response, subject to the provisions of this section, and
consistent with uses allowed under the Act of June 14, 1926
\(commonly known as the “Recreation and Public Purposes
Act”\) \(43 U.S.C. 869 et seq.\).
\(c\) Payment of Costs.—As a condition of the conveyance
under subsection \(b\), the City shall pay any costs relating
to any surveys and other associated costs of conveying the
Federal land.
\(d\) Map and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare final
legal descriptions of the Federal land to be conveyed under
subsection \(b\).
\(2\) Corrections.—The Secretary may correct any minor
errors in the Map or legal descriptions prepared under
paragraph \(1\).
\(3\) Availability.—The Map and legal descriptions prepared
under paragraph \(1\) shall be on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
\(e\) Reversion.—
\(1\) In general.—If the Federal land conveyed under
subsection \(b\) ceases to be used for the public purpose for
which the Federal land was conveyed, the Federal land shall
revert to the United States, at the discretion of the
Secretary, if the Secretary determines that reversion is in
the best interest of the United States.
\(2\) Responsibility of city.—If the Secretary determines
under paragraph \(1\) that the Federal land should revert to
the United States and that the Federal land is contaminated
with hazardous waste, the City shall be responsible for
remediation of the contamination on the Federal land.
TITLE V—IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED PLAN
SEC. 5501. IMPLEMENTATION OF LOWER VIRGIN RIVER WATERSHED
PLAN.
Section 3\(d\)\(3\) of Public Law 99-548 \(commonly known as the
“Mesquite Lands Act of 1988”\) \(100 Stat. 3061; 110 Stat.
3009-202; 116 Stat. 2018\) is amended—
\(1\) by striking subparagraphs \(A\) and \(B\) and inserting the
following:
“\(A\) for the development and implementation of a watershed
plan for the Lower Virgin River; and”; and
\(2\) by redesignating subparagraph \(C\) as subparagraph \(B\).
TITLE VI—SOUTHERN NEVADA LIMITED TRANSITION AREA
SEC. 5601. SOUTHERN NEVADA LIMITED TRANSITION AREA.
\(a\) Definition of Transition Area.—Section 2602\(a\) of the
Omnibus Public Land Management Act of 2009 \(Public Law 111-
11; 123 Stat. 1117\) is amended by striking paragraph \(4\) and
inserting the following:
“\(4\) Transition area.—The term \`Transition Area' means
the approximately 742 acres of Federal land located in
Henderson, Nevada, identified as \`Subject Area' on the map
entitled \`Limited Transition Area \(LTA\) 2023 Amendment' and
dated November 18, 2024, excluding the east 100 feet of the
NW\\1/4\\ sec. 21, T. 23 S., R. 61 E., identified on the map as
\`NV Energy Utility Corridor'.”.
\(b\) Use of Land for Nonresidential Development; Retention
of Land by City.—Section 2602\(b\) of the Omnibus Public Land
Management Act of 2009 \(Public Law 111-11; 123 Stat. 1117\) is
amended—
\(1\) in paragraph \(2\)—
\(A\) by striking subparagraphs \(A\) and \(B\) and inserting the
following:
“\(A\) Authorized uses.—After the conveyance to the City
under paragraph \(1\), the City may sell, lease, or otherwise
convey any portion of the Transition Area for purposes of—
“\(i\) nonresidential development; or
“\(ii\) limited residential development that—
“\(I\) augments and integrates any nonresidential
development under clause \(i\); and
“\(II\) is not freestanding.
“\(B\) Fair market value.—Any land sold, leased, or
otherwise conveyed under subparagraph \(A\) shall be for not
less than fair market value.”; and
\(B\) in subparagraph \(C\), by inserting “and applicable
State law” before the period at the end;
\(2\) by striking paragraph \(3\) and inserting the following:
“\(3\) Use of land for recreation or other public purposes;
retention by city.—The City may elect to retain parcels in
the Transition Area—
“\(A\) for public recreation or other public purposes
consistent with the Act of June 14, 1926 \(commonly known as
the \`Recreation and Public Purposes Act'\) \(43 U.S.C. 869 et
seq.\), by providing to the Secretary written notice of the
election; or
“\(B\) for any other use by the City, by providing to the
Secretary—
“\(i\) written notice of the election; and
“\(ii\) consideration in an amount equal to the fair market
value of the land retained, which shall be subject to
disposition in accordance with paragraph \(2\)\(D\).”; and
\(3\) in paragraph \(5\)\(A\), by striking “or reserved for
recreation or other public purposes under paragraph \(3\)” and
inserting “, reserved for recreation or other public
purposes under paragraph \(3\)\(A\), or retained by the City
under paragraph \(3\)\(B\)”.
TITLE VII—MISCELLANEOUS PROVISIONS
SEC. 5701. OFF-HIGHWAY VEHICLE RECREATION AREAS.
\(a\) Establishment.—Subject to valid existing rights, and
to rights-of-way for the construction, maintenance, and
operation of Moapa Valley Water District facilities, as
depicted on the map entitled “Moapa Valley Water District-
Facilities and Land Conveyances”, and dated November 13,
2019, the following areas of Federal land administered by the
Bureau of Land Management in the State are established as
off-highway vehicle recreation areas:
\(1\) Laughlin off-highway vehicle recreation area.—The
approximately 13,050 acres of Federal land, as generally
depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, to be known as the
“Laughlin Off-Highway Vehicle Recreation Area”.
\(2\) Logandale trails off-highway vehicle recreation area.—
The approximately 21,729 acres of Federal land, as generally
depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, to be known as the
“Logandale Trails Off-Highway Vehicle Recreation Area”.
\(3\) Nelson hills off-highway vehicle recreation area.—The
approximately 43,775 acres of Federal land, as generally
depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, to be known as the
“Nelson Hills Off-Highway Recreation Area”.
\(4\) Sandy valley off-highway vehicle recreation area.—The
approximately 39,022 acres of Federal land, as generally
depicted on the map entitled “Southern Nevada Land
Management” and dated November 14, 2024, to be known as the
“Sandy Valley Off-Highway Vehicle Recreation Area”.
\(b\) Purposes.—The purposes of each off-highway vehicle
recreation area established by subsection \(a\) \(referred to in
this section as an “off-highway vehicle recreation area”\)
are to preserve, protect, and enhance for the benefit and
enjoyment of present and future generations—
\(1\) off-highway vehicle use;
\(2\) other activities as the Secretary determines to be
appropriate; and
\(3\) the scenic, watershed, habitat, cultural, historic, and
ecological resources of the off-highway vehicle recreation
areas.
\(c\) Management Plans.—
\(1\) In general.—Not later than 2 years after the date of
enactment of this Act, in
accordance with applicable law, the Secretary shall develop a
comprehensive plan for the long-term management of each off-
highway vehicle recreation area.
\(2\) Consultation.—In developing the management plans under
paragraph \(1\), the Secretary shall consult with—
\(A\) appropriate State, Tribal, and local governmental
entities; and
\(B\) members of the public.
\(d\) Management.—The Secretary shall manage the off-highway
vehicle recreation areas—
\(1\) to support the purposes described in subsection \(b\);
and
\(2\) in accordance with—
\(A\) the Federal Land Policy and Management Act of 1976 \(43
U.S.C. 1701 et seq.\);
\(B\) this section; and
\(C\) any other applicable law \(including regulations\).
\(e\) Motorized Vehicles.—
\(1\) In general.—Except as needed for administrative
purposes or to respond to an emergency, the use of motorized
vehicles in the off-highway vehicle recreation areas shall be
permitted only on roads and trails designated for the use of
motorized vehicles by the applicable management plan under
subsection \(c\).
\(2\) Interim management.—During the period beginning on the
date of enactment of this Act and ending on the date on which
the management plan under subsection \(c\) for an off-highway
vehicle recreation area takes effect, the use of motorized
vehicles in the off-highway vehicle recreation areas shall be
permitted in accordance with applicable land management
requirements.
\(3\) Effect of subsection.—Nothing in this subsection
prevents the Secretary from closing an existing road or trail
to protect natural resources or public safety, as the
Secretary determines to be appropriate.
\(f\) Transportation and Utility Corridors.—Nothing in this
section—
\(1\) affects the existence, use, operation, maintenance,
repair, construction, reconfiguration, expansion, inspection,
renewal, reconstruction, alteration, addition, relocation
improvement funding, removal, or replacement of any utility
facility or appurtenant right-of-way within an existing
designated transportation and utility corridor within an off-
highway vehicle recreation area;
\(2\) precludes the Secretary from authorizing the
establishment of a new utility facility right-of-way within
an existing designated transportation and utility corridor
within an off-highway vehicle recreation area—
\(A\) in accordance with—
\(i\) the National Environmental Policy Act of 1969 \(42
U.S.C. 4321 et seq.\); and
\(ii\) any other applicable law; and
\(B\) subject to such terms and conditions as the Secretary
determines to be appropriate; or
\(3\) prohibits access to, or the repair or replacement of, a
transmission line within a right-of-way grant within an off-
highway vehicle recreation area issued before the date of
enactment of this Act.
\(g\) Withdrawal.—Subject to valid existing rights, all
Federal land within the boundaries of an off-highway vehicle
recreation area, together with any land designated as the
“Nellis Dunes Off-Highway Vehicle Recreation Area” under
section 3092\(j\)\(3\)\(A\) of Public Law 113-291 \(16 U.S.C.
460aaaa\(3\)\(A\)\), is withdrawn from—
\(1\) all forms of appropriation or disposal under the public
land laws;
\(2\) location, entry, and patent under the mining laws; and
\(3\) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
\(h\) Maps and Legal Descriptions.—
\(1\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of each off-highway vehicle recreation area.
\(2\) Errors.—The Secretary may correct any minor error in—
\(A\) a map referred to in subsection \(a\); or
\(B\) a legal description under paragraph \(1\).
\(3\) Treatment.—The maps and legal descriptions referred to
in paragraph \(2\) shall—
\(A\) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management; and
\(B\) have the same force and effect as if included in this
division, subject to paragraph \(2\).
SEC. 5702. LOWER LAS VEGAS WASH WEIRS.
\(a\) In General.—Subject to valid existing rights, the
availability of appropriations, and all applicable laws, the
Secretary shall complete construction of the 6 erosion
control weirs on the lower Las Vegas Wash within the Lake
Mead National Recreation Area that are unfinished as of the
date of enactment of this Act, as identified in the study of
the Federal Highway Administration entitled “2010 Lower Las
Vegas Wash Planning Study”.
\(b\) Deadline.—It is the intent of Congress that the
construction of the weirs described in subsection \(a\) be
completed by the Secretary by not later than 8 years after
the date of enactment of this Act.
SEC. 5703. CRITICAL FLOOD CONTROL FACILITIES.
The Secretary shall amend the Las Vegas Resource Management
Plan dated 1998 to allow for the design and construction of
flood control facilities in the Coyote Springs Desert
Tortoise Area of Critical Environmental Concern, as described
in the most-recent update of the Las Vegas Valley Master Plan
for Flood Control Facilities developed by the Regional Flood
Control District, as generally depicted on the map attached
to that update entitled “Regional Flood Control District
Master Plan Facilities in the Coyote Springs Area of Critical
Environmental Concern”.
SEC. 5704. JURISDICTION OVER FISH AND WILDLIFE.
Nothing in this division affects the jurisdiction of the
State with respect to the management of fish or wildlife on
any Federal land located in the State.
SA 6392. Mr. PETERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 812 and insert the following:
SEC. 812. REQUIREMENTS FOR INFORMATION RELATED TO SUPPLY
CHAIN RISK.
Section 3252 of title 10, United States Code, is amended to
read as follows:
“Sec. 3252. Requirements for information relating to supply
chain risk
“\(a\) Authority.—Subject to subsection \(b\), the head of a
covered agency may—
“\(1\) carry out a covered procurement action; and
“\(2\) limit, notwithstanding any other provision of law, in
whole or in part, the disclosure of information relating to
the basis for carrying out a covered procurement action.
“\(b\) Determination and Notification.—The head of a
covered agency may exercise the authority provided in
subsection \(a\) only after—
“\(1\) consulting with and receiving a written
recommendation from procurement officials, general counsels,
or other relevant officials of the covered agency, including
the chief acquisition officer and the chief information
officer of the agency \(or comparable employee\);
“\(2\) making a determination in writing, in unclassified or
classified form, that—
“\(A\) use of the authority in subsection \(a\)\(1\) is
necessary to protect national security by reducing supply
chain risk, including the facts, evidence, and conclusions of
the risk assessment upon which this determination was made;
“\(B\) less intrusive measures have been taken and are not
reasonably expected to reduce such supply chain risk,
including—
“\(i\) the facts and evidence upon which this determination
was made;
“\(ii\) the options that were considered in making this
determination;
“\(iii\) the actions taken from this consideration; and
“\(iv\) why such options were not reasonably available to
reduce supply chain risk;
“\(D\) in a case where the head of the covered agency plans
to limit disclosure of information under subsection \(a\)\(2\),
the risk to national security due to the disclosure of such
information outweighs the risk due to not disclosing such
information; and
“\(E\) in the case of termination of an existing agreement,
contract, or license, such action is necessary to address an
imminent risk to national security;
“\(3\) providing a classified or unclassified notice of the
determination made under paragraph \(2\) to the appropriate
congressional committee, and briefings upon request not later
than 1 day after the request, which notice shall include—
“\(A\) a summary of the risk assessment and the facts and
evidence upon which the risk assessment is based, including
the nature of the supply chain risk, that serves as the basis
for the written determination required by paragraph \(2\);
“\(B\) a summary of the basis for the determination,
including a discussion of less intrusive measures that were
taken and why they were not reasonably expected to reduce
supply chain risk; and
“\(C\) a legal opinion from the Department of Defense Office
of the General Counsel that the determination required in
paragraph \(2\), as well as the analysis required in
subparagraphs \(A\) and \(B\), meets the statutory requirements
of this section;
“\(4\) determining and certifying to the appropriate
congressional committees that a foreign entity of concern in
the supply chain has carried out nefarious, malicious, or
concerning actions warranting such exercise of authority; and
“\(5\) the Inspector General of the Department of Defense
conducts a review and determines that all requirements under
this subsection have been met.
“\(c\) Limitation on Disclosure.—If the head of a covered
agency has exercised the authority provided in subsection
\(a\)\(2\) to limit disclosure of information—
“\(1\) no action undertaken by the agency head under such
authority shall be subject to review in a bid protest before
the Government Accountability Office or in any Federal court;
and
“\(2\) the agency head shall—
“\(A\) notify appropriate parties of a covered procurement
action and the basis for such action only to the extent
necessary to effectuate the covered procurement action;
“\(B\) allow the appropriate parties of a covered
procurement action a 30-day window to address the
Department's concerns or take other remedial actions;
“\(C\) notify other Department of Defense components or
other Federal agencies responsible for procurements that may
be subject to the same or similar supply chain risk, in a
manner and to the extent consistent with the requirements of
national security; and
“\(D\) ensure the confidentiality of any such notifications.
“\(d\) Limitations on Authority.—\(1\) Unless a complete and
detailed notification has been received by the appropriate
congressional committees within 5 days of a determination
under this section, the determination shall have no effect
for purposes of this section until the notification has been
received.
“\(2\) A determination under this section shall not be
invoked for contract disputes or as a negotiating tool and
shall only be invoked to protect critical defense systems
from adversary exploitation by screening out suppliers who
pose unacceptable risks of sabotage or malicious subversion
in the procurement process.
“\(e\) Additional Requirements Before Carrying Out a Covered
Procurement Action.—\(1\) The head of a covered agency may
carry out a covered procurement action \[against affecting\] a
domestic source or non-FOCI entity only after—
“\(2\) notifying the domestic source or non-FOCI entity that
a covered action is being considered;
“\(3\) providing the domestic source or non-FOCI entity, to
the extent consistent with the national security and law
enforcement interests, of information that forms the basis
for the covered action, in accordance with paragraph \(3\);
“\(4\) allowing the domestic source or non-FOCI entity 30
days after receipt of the notice to submit information and
argument to the head of the covered agency in response to
such notification; and
“\(5\) submitting notice to the appropriate congressional
committees that the covered procurement action is not being
taken for any purpose described in paragraph \(2\).
“\(2\) The head of a covered agency may not directly or
indirectly exclude a domestic source or non-FOCI entity as a
source pursuant to subsection \(a\) for—
“\(A\) exercising, declining to waive, or declining to
renegotiate any right under, or any term or condition of, a
contract, subcontract, agreement, license, or other
arrangement with a Federal agency; or
“\(B\) declining to enter into such an arrangement on terms
proposed by a Federal official.
“\(f\) Non-punitive Purposes.—The authority under this
section shall be exercised solely to protect the integrity
and security of covered systems, and not for purposes of
punishment, coercion, or retaliation.
“\(g\) Judicial Review.—Covered procurement actions carried
out under this section shall be subject to judicial review
under subchapter II of chapter 5, and chapter 7, of title 5,
United States Code \(commonly known as the \`Administrative
Procedure Act'\).
“\(h\) Rule of Construction.—Limitations on disclosure
allowed under this section do not preclude judicial review.
Nothing in this section shall be considered to restrict
judicial review available under the law.
“\(i\) Definitions.—In this section:
“\(1\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means—
“\(A\) in the case of a covered system included in the
National Intelligence Program or the Military Intelligence
Program, the Select Committee on Intelligence of the Senate,
the Permanent Select Committee on Intelligence of the House
of Representatives, and the congressional defense committees;
and
“\(B\) in the case of a covered system not otherwise
included in subparagraph \(A\), the congressional defense
committees.
“\(2\) Covered item of supply.—The term \`covered item of
supply' means an item of information technology \(as that term
is defined in section 11101 of title 40\) that is purchased
for inclusion in a covered system and the loss of integrity
of which could result in a supply chain risk for a covered
system.
“\(3\) Covered procurement.—The term \`covered procurement'
means—
“\(A\) a source selection for a covered system or a covered
item of supply involving either a performance specification,
as provided in section 3206\(a\)\(3\)\(B\) of this title, or an
evaluation factor, as provided in section 3206\(b\)\(1\) of this
title, relating to supply chain risk;
“\(B\) the consideration of proposals for and issuance of a
task or delivery order for a covered system or a covered item
of supply, as provided in section 3406\(d\)\(3\) of this title,
where the task or delivery order contract concerned includes
a contract clause establishing a requirement relating to
supply chain risk; or
“\(C\) any contract action involving a contract for a
covered system or a covered item of supply where such
contract includes a clause establishing requirements relating
to supply chain risk.
“\(4\) Covered procurement action.—The term \`covered
procurement action' means any of the following actions, if
the action takes place in the course of conducting a covered
procurement:
“\(A\) The exclusion of a source that fails to meet
qualification standards established in accordance with the
requirements of section 3243 of this title for the purpose of
reducing supply chain risk in the acquisition of covered
systems.
“\(B\) The exclusion of a source that fails to achieve an
acceptable rating with regard to an evaluation factor
providing for the consideration of supply chain risk in the
evaluation of proposals for the award of a contract or the
issuance of a task or delivery order.
“\(C\) The decision to withhold consent for a contractor to
subcontract with a particular source or to direct a
contractor for a covered system to exclude a particular
source from consideration for a subcontract under the
contract.
“\(5\) Covered system.—The term \`covered system' means a
national security system, as that term is defined in section
3552\(b\)\(6\) of title 44.
“\(6\) Domestic source.—The term \`domestic source' has the
meaning given the term in section 702 of the Defense
Production Act of 1950 \(50 U.S.C. 4552\).
“\(7\) Head of a covered agency.—The term \`head of a
covered agency' means each of the following:
“\(A\) The Secretary of Defense.
“\(B\) The Secretary of the Army.
“\(C\) The Secretary of the Navy.
“\(D\) The Secretary of the Air Force.
“\(8\) Non-FOCi entity.—The term \`non-FOCI entity' means—
“\(A\) a domestic source; or
“\(B\) an entity that has not been identified to be
operating under foreign ownership, control, or influence
pursuant to a Defense Counterintelligence and Security Agency
review of such entity.
“\(9\) Supply chain risk.—The term \`supply chain risk'
means the risk that an adversary may sabotage, maliciously
introduce unwanted function, or otherwise subvert the design,
integrity, manufacturing, production, distribution,
installation, operation, or maintenance of a covered system
so as to surveil, deny, disrupt, or otherwise degrade the
function, use, or operation of such system.”.
SA 6393. Mr. PETERS \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title VIII, add the following:
SEC. 885. CHANGES WITH RESPECT TO THE FEDERAL ACQUISITION
SECURITY COUNCIL.
\(a\) Definition of Source of Concern, Covered Source of
Concern, Recommended Order, and Designated Order.—Section
1321 of title 41, United States Code, is amended—
\(1\) by amending paragraph \(3\) to read as follows:
“\(3\) Covered article.—The term \`covered article'—
“\(A\) has the meaning given that term in section 4713; and
“\(B\) includes operational technology \(as defined in
section 3 of the Internet of Things Cybersecurity Improvement
Act of 2020 \(Public Law 116-207; 15 U.S.C. 278g-3a\)\).”;
\(2\) by redesignating paragraphs \(5\) through \(8\) as
paragraphs \(7\) through \(10\), respectively;
\(3\) by inserting after paragraph \(4\) the following:
“\(5\) Covered source of concern.—The term \`covered source
of concern' means a source of concern that sells, produces,
or is involved in the development of a covered article that
is designated in section 1328\(c\) as a statutorily designated
covered article.
“\(6\) Designated order.—The term \`designated order' means
an order described under section 1323\(c\)\(3\).”; and
\(4\) by adding at the end the following:
“\(11\) Recommended order.—The term \`recommended order'
means an order recommended under section 1323\(c\)\(2\).
“\(12\) Source of concern.—
“\(A\) In general.—The term \`source of concern' means a
source—
“\(i\) subject to the jurisdiction, direction, or control of
the government of a foreign adversary, or operates on behalf
of the government of a foreign adversary; or
“\(ii\) that poses a risk to the national security of the
United States based on collaboration with, whole or partial
ownership or control by, or being affiliated with a military,
internal security force, or intelligence agency of a foreign
adversary.
“\(B\) Foreign adversary defined.—In this paragraph, the
term \`foreign adversary' has the meaning given the term
\`covered nation' in section 4872\(d\) of title 10.”.
\(b\) Establishment and Members of Council.—Section 1322 of
title 41, United States Code, is amended—
\(1\) in subsection \(a\), by striking “executive branch” and
inserting “Executive Office of the President”;
\(2\) in subsection \(b\)—
\(A\) by amending paragraph \(1\) to read as follows:
“\(1\) In general.—The members of the Council shall be as
follows:
“\(A\) The Administrator for Federal Procurement Policy.
“\(B\) The Deputy Director for Management of the Office of
Management and Budget.
“\(C\) The following officials, each of whom shall occupy a
position at the level of Assistant Secretary or Deputy
Assistant Secretary \(or equivalent\):
“\(i\) Two officials from the Office of the Director of
National Intelligence, one of which shall be from the
National Counterintelligence and Security Center.
“\(ii\) Two officials from the Department of Defense, one of
which shall be one from the National Security Agency.
“\(iii\) Two officials from the Department of Homeland
Security, one of which shall be one from the Cybersecurity
and Infrastructure Security Agency.
“\(iv\) An official from the General Services
Administration.
“\(v\) An official from the Office of the National Cyber
Director.
“\(vi\) Two officials from the Department of Justice, one of
which shall be one from the Federal Bureau of Investigation.
“\(vii\) Two officials from the Department of Commerce, one
of which shall be from the National Institute of Standards
and Technology and one of which shall be from the Bureau of
Industry and Security.
“\(viii\) An official from any executive agency not listed
under clauses \(i\) through \(vii\) whose temporary or permanent
participation is determined by the Chairperson of the Council
to be necessary to carry out the functions of the Council
while maintaining the intended balance in subject matter
expertise.”; and
\(B\) in paragraph \(2\)—
\(i\) in the heading, by striking “Lead representatives”
and inserting “Members”;
\(ii\) by amending subparagraph \(A\)\(i\) to read as follows:
“\(i\) In general.—The head of each executive agency listed
under paragraph \(1\)\(C\) shall designate the official or
officials from that agency who shall serve on the Council in
accordance with such paragraph.”;
\(iii\) by amending subparagraph \(A\)\(ii\) to read as follows:
“\(ii\) Requirements.—To the extent feasible, any official
designated under clause \(i\) shall have expertise in supply
chain risk management, acquisitions, law, or information and
communications technology.”;
\(iv\) by amending subparagraph \(B\) to read as follows:
“\(B\) Functions.—A member of the Council shall—
“\(i\) regularly participate in the activities of the
Council;
“\(ii\) ensure that any information requested by the Council
from the agency represented by the member is provided to the
Council; and
“\(iii\) ensure that the head of the agency represented by
the member and other appropriate personnel of the agency are
aware of the activities of the Council.”;
\(3\) in subsection \(c\)—
\(A\) by amending paragraph \(1\) to read as follows:
“\(1\) In general.—
“\(A\) Designation.—Not later than 45 days after the date
of the enactment of this paragraph, the President shall a
designate a member of the Council to serve as Chairperson of
the Council.
“\(B\) Transition.—The Chairperson of the Council on the
day before the date of the enactment of this paragraph shall
remain the Chairperson until the President makes a
designation pursuant to subparagraph \(A\).”; and
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(B\), by striking “ subsection
\(b\)\(1\)\(H\)” and inserting “subsection \(b\)\(1\)\(C\)\(viii\)”; and
\(ii\) in subparagraph \(C\), by striking “lead representative
of each agency represented on the Council” and inserting
“members of the Council”; and
\(4\) in subsection \(d\)—
\(A\) by striking “The Council” and inserting the
following:
“\(1\) Council meetings.—The Council”; and
\(B\) by adding at the end the following:
“\(2\) Other meetings.—The Chairperson of the Council shall
meet, not less frequently than semiannually, with—
“\(A\) the Secretary of Homeland Security, Secretary of
Defense, and Director of National Intelligence; or
“\(B\) in the case that any of the officials under
subparagraph \(A\) delegated authority to an official under
section 1323\(c\)\(6\)\(C\), with the delegated official.”.
\(c\) Functions and Authorities.—Section 1323 of title 41,
United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) by striking “supply chain” each place it appears and
inserting “acquisition security and supply chain”;
\(B\) in paragraph \(1\), as amended by subparagraph \(A\), by
striking “, particularly” and inserting “that arise”;
\(C\) in paragraph \(2\), as amended by subparagraph \(A\)—
\(i\) by striking “sharing information” and inserting
“exchanging information”;
\(ii\) by inserting “associated with the acquisition and use
of covered articles” after “risk”;
\(iii\) in subparagraph \(B\), by striking “; and” and
inserting a semicolon;
\(iv\) by redesignating subparagraph \(C\) as subparagraph \(D\);
and
\(v\) by inserting after subparagraph \(B\) the following:
“\(C\) the process for an executive agency to submit supply
chain risk information to the Council in furtherance of
identifying, mitigating, or managing its supply chain risk;
and”;
\(D\) in paragraph \(6\), as amended by subparagraph \(A\), by—
\(i\) striking “posed by” and inserting “associated
with”; and
\(ii\) inserting “and use” before “of covered articles”;
\(E\) in paragraph \(7\), by striking “posed by acquisitions”
and inserting “associated with the acquisition”;
\(F\) by redesignating paragraph \(7\) as paragraph \(12\); and
\(G\) by inserting after paragraph \(6\) the following:
“\(7\) Implementing a prioritization scheme for evaluating
the security risks associated with the acquisition and use of
covered articles sold, produced, or developed by a covered
source of concern.
“\(8\) Evaluating each covered source of concern to
determine whether to issue a designated order with respect to
the covered source of concern or a covered article sold,
produced, or developed by the covered source of concern.
“\(9\) Evaluating sources of concern to determine whether to
issue a recommended order with respect to the source of
concern, or any covered article sold, produced, or developed
by the source of concern.
“\(10\) Monitoring and evaluating compliance by the
Secretary of Homeland Security, Secretary of Defense, and
Director of National Intelligence with the requirement to
issue designated orders under subsection \(c\)\(6\)\(B\).
“\(11\) Reporting to Congress annually on the security risks
associated with the acquisition and use of covered articles
sold, produced, or developed by sources of concern.”;
\(2\) in subsection \(b\)—
\(A\) by striking “The Council” and inserting the
following:
“\(1\) In general.—The Council”;
\(B\) in paragraph \(1\), as so redesignated, by striking “a
program office and”; and
\(C\) by adding at the end the following:
“\(2\) Federal acquisition security council program
office.—
“\(A\) Establishment.—Not later than 45 days after the date
of the enactment of this paragraph, the President shall
establish a Federal Acquisition Security Council Program
Office \(referred to in this paragraph as the \`Program
Office'\) within the Executive Office of the President to
carry out the duties described under subparagraph \(B\).
“\(B\) Duties.—The Program Office shall provide to the
Council, including any committees, working groups, or other
constituent bodies established by the Council under paragraph
\(1\)—
“\(i\) administrative, legal, and policy support; and
“\(ii\) analysis and subject matter expertise on information
communications technology, acquisition security, and supply
chain risk.
“\(C\) Structure.—The head of the Program Office shall be
designated by the Chairperson of the Council.
“\(D\) Prohibition.—The Program Office may not provide
administrative support to the Council for any activities of
the Council carried out pursuant to a provision of law other
than a provision of law under this subchapter.
“\(E\) Funding and resources.—The Program Office may use
the staff and resources of the Executive Office of the
President or maintain dedicated staff and resources, as
appropriate, in the performance of the duties of the Office.
“\(F\) Shared staffing authority.—
“\(i\) In general.—The Program Office may accept officers
or employees of the United States or members of the Armed
Forces on a detail from an element of the intelligence
community \(as such term is defined in section 3 of the
National Security Act of 1947 \(50 U.S.C. 3003\)\) or from
another element of the Federal Government on a
nonreimbursable basis, as jointly agreed to by the heads of
the receiving and detailing elements, for a period not to
exceed three years.
“\(ii\) Rule of construction.—Nothing in this subparagraph
may be construed as imposing any limitation on any other
authority for reimbursable or nonreimbursable details.
“\(iii\) Nonreimbursable detail.—A nonreimbursable detail
made under this subparagraph shall not be considered an
augmentation of the appropriations of the receiving element
of the Program Office.”; and
\(3\) in subsection \(c\)—
\(A\) in paragraph \(1\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“supply chain risk” and inserting “acquisition security
and supply chain risk associated with the acquisition of
covered articles”;
\(ii\) in subparagraph \(A\), by inserting “recommended”
before “exclusion orders”;
\(iii\) in subparagraph \(B\), by inserting “recommended”
before “removal orders”;
\(iv\) in subparagraph \(C\), by striking “; and” and
inserting a semicolon;
\(v\) in subparagraph \(D\), by striking the period at the end
and inserting “; and”; and
\(vi\) by adding at the end the following:
“\(E\) issuing designated orders.”;
\(B\) in paragraph \(2\)—
\(i\) in the heading, by striking “Recommendations” and
inserting “Recommended orders”;
\(ii\) by striking “use” and inserting “, using”;
\(iii\) by striking “to issue recommendations” and
inserting “, recommend orders”;
\(iv\) by striking “Such recommendations” and inserting
“Any such order recommended”;
\(v\) by inserting “to the officials described under clause
\(iii\) of paragraph \(6\)\(A\) for issuance under such paragraph”
after “thereof,”;
\(vi\) in subparagraph \(D\), by striking “supply chain risk”
and inserting “acquisition security and supply chain risk
associated with the acquisition of covered articles”; and
\(vii\) in subparagraph \(E\), by striking “exclusion or
removal”;
\(C\) by redesignating paragraphs \(3\) through \(7\) as
paragraphs \(4\) through \(8\), respectively;
\(D\) by inserting after paragraph \(2\) the following:
“\(3\) Designated orders.—
“\(A\) Exclusion or removal of covered sources of concern.—
“\(i\) In general.—Not later than 270 days after a source
of concern is designated as a covered source of concern, the
Council—
“\(I\) shall provide to the officials described under clause
\(iii\) of paragraph \(6\)\(B\) for issuance under such paragraph
orders requiring—
“\(aa\) the exclusion of the covered source of concern from
any executive agency procurement action, including source
selection and consent for a contractor; or
“\(bb\) the removal of covered articles sold, produced, or
developed by the covered source of concern from the
information system of executive agencies; or
“\(II\) report to Congress why the Council has determined to
not issue an order described under subclause \(I\) with respect
to the covered source of concern or covered articles sold,
produced, or developed by the covered source of concern.
“\(ii\) Contents of order.—Any order provided under clause
\(i\) shall include—
“\(I\) information regarding the scope and applicability of
the order, including any information necessary to positively
identify the covered source of concern or covered articles
sold, produced, or developed by the covered source of concern
required to be excluded or removed under the order;
“\(II\) a summary of any risk assessment reviewed or
conducted in support of the order;
“\(III\) a summary of the basis for the order, including a
discussion of less intrusive measures that were considered
and why such measures were not reasonably available to reduce
security risk;
“\(IV\) a description of the actions necessary to implement
the order; and
“\(V\) where practicable, in the Council's sole and
unreviewable discretion, a description of mitigation steps
that could be taken by the covered source of concern that may
result in the Council rescinding the order.
“\(B\) Exclusion or removal of second order sources or
covered articles.—
“\(i\) Issuance.—In the case that the Council provides an
order under subparagraph \(A\), the Council may also provide an
order to the officials described under paragraph \(6\)\(A\)\(iii\)
requiring the exclusion of sources or covered articles from
executive agency procurement actions or removal of covered
articles from executive agency information systems if—
“\(I\) such covered articles or such sources use a covered
source of concern in the performance of a contract with the
executive agency; or
“\(II\) such sources enter into a contract, the performance
of which such source knows or has reason to believe will
require, in the performance of a contract with the executive
agency, the use of a covered source of concern or the use of
a covered article sold, produced, or developed by a covered
source of concern.
“\(ii\) Effective date considerations.—Any effective date
prescribed by the Council for an order issued pursuant to
clause \(i\) shall take into account—
“\(I\) the risk posed by the covered source of concern or
the covered article sold, produced, or developed by the
covered source of concern to the national security of the
United States;
“\(II\) the likelihood of the covered source of concern or
the covered article sold, produced, or developed by the
covered source of concern causing imminent threat to public
health and safety;
“\(III\) the availability of an alternative source or
covered article sold, produced, or developed by an
alternative source; and
“\(IV\) an assessment of the potential direct or
quantifiable costs that may be incurred by the Federal
Government, a State, local, or Tribal government, or by the
private sector, as a result of compliance by the head of an
executive agency with such an exclusion or removal order.”;
\(E\) in paragraph \(4\), as so redesignated—
\(i\) in the heading, by striking “of recommendation and
review” and inserting “and review of recommended and
designated orders”;
\(ii\) by striking “the recommendation” each place it
appears, and inserting “the order”;
\(iii\) in the matter preceding subparagraph \(A\), by striking
“A notice of the Council's recommendation under paragraph
\(2\)” and inserting “Before the Council recommends an order
under paragraph \(2\) or issues an order under paragraph \(3\), a
notice”;
\(iv\) in subparagraph \(A\), by striking “a recommendation
has been made” and inserting “the order will be recommended
or issued”;
\(v\) in subparagraph \(D\), by striking “paragraph \(5\)” and
inserting “paragraph \(6\)”; and
\(vi\) in subparagraph \(E\), by striking the “the
recommendation” and inserting “the order”;
\(F\) in paragraph \(5\), as so redesignated—
\(i\) by striking “paragraph \(3\)” and inserting “paragraph
\(4\)”;
\(ii\) in subparagraph \(A\), by striking “paragraph \(5\)” and
inserting “paragraph \(6\)”;
\(iii\) in subparagraph \(B\), by striking “paragraph \(6\)”
and inserting “paragraph \(7\)”;
\(iv\) by striking “Any notice” and inserting “\(A\) In
general.—Any notice”; and
\(v\) by inserting at the end the following:
“\(B\) Information collected.—Any information collected
from a source after notice under paragraph \(4\) shall be
exempt from public disclosure and disclosure under subsection
\(b\)\(3\)\(B\) of section 552 of title 5 \(commonly referred to as
the \`Freedom of Information Act'\), until an order is issued
pursuant to paragraph \(6\).”; and
\(G\) in paragraph \(6\), as so redesignated—
\(i\) by amending subparagraph \(A\) to read as follows:
“\(A\) Issuance of recommended orders.—
“\(i\) Modifications to order.—After considering any
response properly submitted by a source under paragraph \(4\)
related to an order to be recommended under paragraph \(2\),
the Council shall—
“\(I\) make such modifications to the order as the Council
considers appropriate; and
“\(II\) provide the order \(together with any information
submitted by a source under paragraph \(4\) related to such
order\) to the officials described under clause \(iii\).
“\(ii\) Order.—Not later than 90 days after receiving a
recommended order, the officials described under clause \(iii\)
shall—
“\(I\) issue the order to the heads of the applicable
agencies; or
“\(II\) submit a notification to the Council that the order
will not be issued, that includes in the notification to the
Council, all the reasons for why the order will not be
issued.
“\(iii\) Officials.—The officials described in this clause
are as follows:
“\(I\) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause \(II\) or \(III\).
“\(II\) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
“\(III\) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause \(II\).”;
\(ii\) by redesignating subparagraphs \(B\) through \(E\) as
subparagraphs \(C\) through \(F\), respectively;
\(iii\) by inserting after subparagraph \(A\) the following:
“\(B\) Issuance of designated order.—
“\(i\) Modifications.—After considering any response
properly submitted by a source under paragraph \(4\) related to
a designated order, the Council shall—
“\(I\)\(aa\) make any such modifications to the order as the
Council considers appropriate; or
“\(bb\) if the Council determines that the issuance of a
designated order is not warranted, rescind the designated
order and notify the source of the rescission; and
“\(II\) except in the case that the Council rescinds the
designated order under subclause \(I\)\(bb\), provide the
designated order \(including any modifications made to such
order by the Council\) to the officials described in clause
\(iii\).
“\(ii\) Issuance.—The officials described in clause \(iii\)
shall, not later than 90 days after receiving a designated
order, issue the order to the heads of the applicable
agencies.
“\(iii\) Officials.—The officials described in this clause
are as follows:
“\(I\) The Secretary of Homeland Security, for exclusion and
removal orders applicable to civilian agencies, to the extent
not covered by subclause \(II\) or \(III\).
“\(II\) The Secretary of Defense, for exclusion and removal
orders applicable to the Department of Defense and national
security systems other than sensitive compartmented
information systems.
“\(III\) The Director of National Intelligence, for
exclusion and removal orders applicable to the intelligence
community and sensitive compartmented information systems, to
the extent not covered by subclause \(II\).
“\(iv\) Waiver.—An official described under clause \(iii\)
may waive for a period of not more than 365 days the
application of an order issued by such official under clause
\(ii\) with respect to a covered source of concern or a covered
article sold, produced, or developed by a covered source of
concern if the official submits, not later than 30 days after
making such waiver, a written notification to the Council,
appropriate congressional committees, the Speaker and
Minority Leader of the House of Representatives, and the
Majority and Minority Leaders of the Senate that contains the
justification for such waiver.
“\(v\) Renewal of waiver.—An official described under
clause \(iii\) may renew a waiver under clause \(iv\) for an
additional period of not more than 180 days if—
“\(I\) the renewal of the waiver is in the national security
interests of the United States; and
“\(II\) the official submits, not later than 30 days after
renewing such waiver, a written notification to the Council,
appropriate congressional committees, the Speaker and
Minority Leader of the House of Representatives, and the
Majority and Minority Leaders of the Senate that includes the
justification for renewing the wavier.
“\(vi\) National security waiver.—An official described
under clause \(iii\) may waive the application of an order
issued by such official under clause \(ii\) with respect to a
covered source of concern or a covered article sold,
produced, or developed by a covered source of concern for any
activity subject to the reporting requirements under title V
of the National Security Act of 1947 \(50 U.S.C. 3091 et seq.\)
or any authorized intelligence activities of the United
States.
“\(vii\) Rescission of order.—An exclusion or removal order
issued under this subparagraph by an official may be
rescinded only by the Council.”;
\(iv\) in subparagraph \(C\), as so redesignated—
\(I\) by striking “subparagraph \(A\)” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”;
\(II\) by striking “this subparagraph” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”; and
\(III\) by striking “, except” and all that follows before
the period at the end;
\(v\) in subparagraph \(D\), as so redesignated—
\(I\) by striking “this paragraph” and inserting
“subparagraph \(A\)\(iii\) or \(B\)\(iii\)”; and
\(II\) by striking “help”;
\(vi\) in subparagraph \(E\), as so redesignated, by striking
“this paragraph” and inserting “subparagraph \(A\)”; and
\(vii\) by adding after subparagraph \(F\), as so redesignated,
the following:
“\(G\) Effective date of orders.—The effective date of an
order issued under this paragraph may not be more than 365
days after the order is issued.”;
\(H\) in paragraph \(7\), as so redesignated, by striking
“paragraph \(5\)\(A\)” and inserting “subparagraph \(A\) or \(B\)
of paragraph \(6\)”; and
\(I\) in paragraph \(8\), as so redesignated, by striking
“paragraph \(5\)” and inserting “paragraph \(6\)”;
\(4\) in subsection \(e\), by inserting “the Chief Data
Officers Council,” before “the Chief Acquisition”; and
\(5\) in subsection \(f\)\(2\), by striking the period at the end
and inserting “, unless such source is a covered source of
concern.”.
\(d\) Strategic Plan.—Section 1324\(a\) of title 41, United
States Code, is amended—
\(1\) by inserting “, and periodically thereafter” after
“2018”;
\(2\) in the matter preceding paragraph \(1\), by inserting
“acquisition security and” before “supply chain risks”;
\(3\) in paragraph \(8\), by inserting “acquisition security
and” before “supply chain risks”; and
\(4\) in paragraph \(9\)\(A\), by inserting “acquisition
security and” before “supply chain risk”.
\(e\) Requirements for Executive Agencies.—Section 1326 of
title 41, United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\), by striking “; and” and inserting a
semicolon;
\(B\) in paragraph \(2\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(3\) providing any information requested by the
Chairperson of the Council for the purpose of carrying out
activities of this subchapter, subject to applicable law or
policy on the control and handling of classified, sensitive,
or proprietary information.”;
\(2\) by striking “supply chain” each place it appears and
inserting “security and supply chain”; and
\(3\) in subsection \(b\)\(6\), by striking “supply chain” and
inserting “security or supply chain”.
\(f\) Judicial Procedure.—Section 1327\(b\) of title 41,
United States Code, is amended—
\(1\) in paragraph \(1\), by striking “section 1323\(c\)\(6\)”
and inserting “section 1323\(c\)\(7\)”;
\(2\) in paragraph \(3\), by striking “sections 1323\(c\)\(5\)”
and inserting “sections 1323\(c\)\(6\)”; and
\(3\) in paragraph \(4\), by amending subparagraph \(B\)\(i\) to
read as follows:
“\(i\) Filing of record.—The United States shall file with
the court an administrative record, which shall consist of—
“\(I\) in the case of a designated order issued under
section 1323\(c\)\(6\) by the appropriate official, the
information the Council relied upon in providing such order
to such official; and
“\(II\) the information that the appropriate official relied
upon in issuing an exclusion or removal order under section
1323\(c\)\(6\) or a covered procurement action under section
4713.”.
\(g\) Additional Provisions.—Section 1328 of title 41,
United States Code, is amended to read as follows:
“Sec. 1328. Additional provisions
“\(a\) Compliance With Existing Prohibitions.—In
implementing this subchapter, the Council shall coordinate,
as applicable and practicable, with the head of an agency to
assist with compliance by the agency with—
“\(1\) section 889 of the John S. McCain National Defense
Authorization Act of 2019 \(Public Law 115-232; 41 U.S.C. 3901
note\);
“\(2\) section 5949 of the James M. Inhofe National Defense
Authorization Act of 2023 \(Public Law 117-263; 41 U.S.C. 4713
note\); and
“\(3\) the American Security Drone Act of 2023 \(Public Law
118-31; 41 U.S.C. 3901 note\).
“\(b\) Update to Regulations.—The Federal Acquisition
Security Council shall update, not later than two years after
the date of the enactment of this section, any regulations of
the Council as necessary.
“\(c\) Statutorily Designated Covered Article Defined.—The
term \`statutorily designated covered article' pursuant to
section 1321\(5\)—
“\(1\) means a vehicle or a mechanical device commonly known
as an \`unmanned ground vehicle system' that—
“\(A\) is capable of locomotion, navigation, or movement on
the ground; and
“\(B\) operates at a distance from one or more operators or
supervisors based on commands or in response to sensor data,
or through any combination thereof; and
“\(2\) includes—
“\(A\) humanoid robots, mobile robotics, remote surveillance
vehicles, and autonomous patrol technologies; and
“\(B\) the vehicle, its payload, and any external device
used to control the vehicle.”.
\(h\) Reallocating Existing Resources.—Section 5949\(l\)\(1\) of
the James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023 \(Public Law 117-263\) is amended by inserting
before the period at the end the following: “and the Federal
Acquisition Security Council Program Office established under
section 1323\(b\)\(2\) of title 41, United States Code”.
\(i\) Implementation by the Department of Defense.—
\(1\) Notification.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a
notification of the designation of the officials of the
Department of Defense who shall serve on the Council in
accordance with clause \(b\)\(1\)\(C\)\(ii\) of section 1322 of title
41, United States.
\(2\) Performance of duties.—The Secretary shall ensure that
the officials designated—
\(A\) regularly participate in the activities of the Council;
\(B\) ensure that any information requested by the Council
from the agency represented by the such official or officials
is provided to the Council in a timely manner; and
\(C\) establish procedures to ensure that Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary
of Defense for Research and Engineering, the Chair of the
Joint Requirements Oversight Council, the Assistant Secretary
of Defense for Industrial Base Policy, and other appropriate
personnel of the Department of Defense are informed of the
activities of the Council in a timely manner.
\(j\) Technical and Conforming Changes.—Subchapter III of
chapter 13 of title 41, United States Code, is amended—
\(1\) in the table of sections for the subchapter by adding
after the item related to section 1327 the following:
“1328. Additional provisions.”; and
\(2\) by striking “of this title” each place the term
appears.
SA 6394. Mr. HUSTED submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
SEC. 1094. BENEFIT CALCULATION FOR CERTAIN AUTO AND DEFENSE
PENSIONS.
\(a\) In General.—
\(1\) Increase to full vested plan benefit.—
\(A\) In general.—For purposes of determining what benefits
are guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 \(29 U.S.C. 1322\) with respect to
an eligible participant or beneficiary under a covered plan
specified in paragraph \(4\) in connection with the termination
of such plan, the amount of monthly benefits shall be equal
to the full vested plan benefit with respect to the
participant.
\(B\) No effect on previous determinations.—Nothing in this
Act shall be construed to change the allocation of assets and
recoveries under sections 4044\(a\) and 4022\(c\) of the Employee
Retirement Income Security Act of 1974 \(29 U.S.C. 1344\(a\);
1322\(c\)\) as previously determined by the Pension Benefit
Guaranty Corporation \(referred to in this section as the
“corporation”\) for the covered plans specified in paragraph
\(4\), and the corporation's applicable rules, practices, and
policies on benefits payable in terminated single-employer
plans shall, except as otherwise provided in this section,
continue to apply with respect to such covered plans.
\(2\) Recalculation of certain benefits.—
\(A\) In general.—In any case in which the amount of monthly
benefits with respect to an eligible participant or
beneficiary described in paragraph \(1\) was calculated prior
to the date of enactment of this Act, the corporation shall
recalculate such amount pursuant to paragraph \(1\), and shall
adjust any subsequent payments of such monthly benefits
accordingly, as soon as practicable after such date.
\(B\) Lump-sum payments of past-due benefits.—Not later than
180 days after the date of enactment of this Act, the
corporation, in consultation with the Secretary of the
Treasury and the Secretary of Labor, shall make a lump-sum
payment to each eligible participant or beneficiary whose
guaranteed benefits are recalculated under subparagraph \(A\)
in an amount equal to—
\(i\) in the case of an eligible participant, the excess of—
\(I\) the total of the full vested plan benefits of the
participant for all months for which such guaranteed benefits
were paid prior to such recalculation, over
\(II\) the sum of any applicable payments made to the
eligible participant; and
\(ii\) in the case of an eligible beneficiary, the sum of—
\(I\) the amount that would be determined under clause \(i\)
with respect to the participant of which the eligible
beneficiary is a beneficiary if such participant were still
in pay status; plus
\(II\) the excess of—
\(aa\) the total of the full vested plan benefits of the
eligible beneficiary for all months for which such guaranteed
benefits were paid prior to such recalculation, over
\(bb\) the sum of any applicable payments made to the
eligible beneficiary.
Notwithstanding the previous sentence, the corporation shall
increase each lump-sum payment made under this clause to
account for foregone interest in an amount determined by the
corporation designed to reflect a 6 percent annual interest
rate on each past-due amount attributable to the underpayment
of guaranteed benefits for each month prior to such
recalculation.
\(C\) Eligible participants and beneficiaries.—
\(i\) In general.—For purposes of this section, an eligible
participant or beneficiary is a participant or beneficiary
who—
\(I\) as of the date of the enactment of this Act, is in pay
status under a covered plan or is eligible for future
payments under such plan;
\(II\) has received or will receive applicable payments in
connection with such plan \(within the meaning of clause \(ii\)\)
that does not exceed the full vested plan benefits of such
participant or beneficiary; and
\(III\) is not covered by the 1999 agreements between General
Motors and various unions providing a top-up benefit to
certain hourly employees who were transferred from the
General Motors Hourly-Rate Employees Pension Plan to the
Delphi Hourly-Rate Employees Pension Plan.
\(ii\) Applicable payments.—For purposes of this
subparagraph, applicable payments to a participant or
beneficiary in connection with a plan consist of the
following:
\(I\) Payments under the plan equal to the normal benefit
guarantee of the participant or beneficiary.
\(II\) Payments to the participant or beneficiary made
pursuant to section 4022\(c\) of the Employee Retirement Income
Security Act of 1974 \(29 U.S.C. 1322\(c\)\) or otherwise
received from the corporation in connection with the
termination of the plan.
\(3\) Definitions.—For purposes of this subsection—
\(A\) Full vested plan benefit.—The term “full vested plan
benefit” means the amount of monthly benefits that would be
guaranteed under section 4022 of the Employee Retirement
Income Security Act of 1974 \(29 U.S.C. 1322\) as of the date
of plan termination with respect to an eligible participant
or beneficiary if such section were applied without regard to
the phase-in limit under subsection \(b\)\(1\) of such section
and the maximum guaranteed benefit limitation under
subsection \(b\)\(3\) of such section \(including the accrued-at-
normal limitation\).
\(B\) Normal benefit guarantee.—The term “normal benefit
guarantee” means the amount of monthly benefits guaranteed
under section 4022 of the Employee Retirement Income Security
Act of 1974 \(29 U.S.C. 1322\) with respect to an eligible
participant or beneficiary without regard to this section.
\(4\) Covered plans.—The covered plans specified in this
paragraph are the following:
\(A\) The Delphi Hourly-Rate Employees Pension Plan.
\(B\) The Delphi Retirement Program for Salaried Employees.
\(C\) The PHI Non-Bargaining Retirement Plan.
\(D\) The ASEC Manufacturing Retirement Program.
\(E\) The PHI Bargaining Retirement Plan.
\(F\) The Delphi Mechatronic Systems Retirement Program.
\(5\) Treatment of pbgc determinations.—Any determination
made by the corporation under this section concerning a
recalculation of benefits or lump-sum payment of past-due
benefits shall be subject to administrative review by the
corporation. Any new determination made by the corporation
under this section shall be governed by the same
administrative review process as any other benefit
determination by the corporation.
\(b\) Trust Fund for Payment of Increased Benefits.—
\(1\) Establishment.—There is established in the Treasury a
trust fund to be known as the “Delphi Full Vested Plan
Benefit Trust Fund” \(referred to in this subsection as the
“Fund”\), consisting of such amounts as may be appropriated
or credited to the Fund as provided in this section.
\(2\) Funding.—There is appropriated, out of amounts in the
Treasury not otherwise appropriated, such amounts as are
necessary for the costs of payments of the portions of
monthly benefits guaranteed to participants and beneficiaries
pursuant to subsection \(a\) and for necessary administrative
and operating expenses of the corporation relating to such
payments. The Fund shall be credited with amounts from time
to time as the Secretary of the Treasury, in coordination
with the Director of the corporation, determines appropriate,
out of amounts in the Treasury not otherwise appropriated.
\(3\) Expenditures from fund.—Amounts in the Fund shall be
available for the payment of the portion of monthly benefits
guaranteed to a participant or beneficiary pursuant to
subsection \(a\) and for necessary administrative and operating
expenses of the corporation relating to such payment.
\(c\) Regulations.—The corporation, in consultation with the
Secretary of the Treasury and the Secretary of Labor, may
issue such regulations as necessary to carry out this
section.
SA 6395. Mr. WICKER \(for himself and Mrs. Gillibrand\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 01. VIEQUEST RECOVERY AND REDEVELOPMENT ACT.
\(a\) Short Title.—This section may be cited as the
“Vieques Recovery and Redevelopment Act”.
\(b\) Findings.—The Congress finds the following:
\(1\) Vieques is an island municipality of Puerto Rico,
measuring approximately 21 miles long by 4 miles wide, and
located approximately 8 miles east of the main island of
Puerto Rico.
\(2\) Prior to Hurricane Maria, residents of Vieques were
served by an urgent medical care facility, the Susana Centeno
Family Health Center, and residents had to travel off-island
to obtain medical services, including most types of emergency
care because the facility did not have the basic use of x-ray
machines, CT machines, EKG machines, ultrasounds, or PET
scans.
\(3\) The predominant means of transporting passengers and
goods between Vieques and the main island of Puerto Rico is
by ferry boat service, and over the years, the efficiency of
this service has frequently been disrupted, unreliable, and
difficult for cancer patients to endure to receive treatment.
Each trip to Ceiba, Puerto Rico, for the cancer patient is an
additional out-of-pocket expense ranging from $120 to $200.
\(4\) The United States Military maintained a presence on the
eastern and western portions of Vieques for close to 60
years, and used parts of the island as a training range
during those years, dropping over 80 million tons of ordnance
and other weaponry available to the United States military
since World War II.
\(5\) The unintended, unknown, and unavoidable consequences
of these exercises were to expose Americans living on the
islands to the residue of that weaponry which includes heavy
metals and many other chemicals now known to harm human
health.
\(6\) According to Government and independent documentation,
the island of Vieques has high levels of heavy metals and has
been exposed to chemical weapons and toxic chemicals. Since
the military activity in Vieques, island residents have
suffered from the health impacts from long-term exposure to
environmental contamination as a result of 62 years of
military operations, and have experienced higher rates of
certain diseases among residents, including cancer,
cirrhosis, hypertension, diabetes, heavy metal diseases,
along with many unnamed and uncategorized illnesses. These
toxic residues have caused the American residents of Vieques
to develop illnesses due to ongoing exposure.
\(7\) In 2017, Vieques was hit by Hurricane Maria, an
unusually destructive storm that devastated Puerto Rico and
intensified the existing humanitarian crisis on the island by
destroying existing medical facilities.
\(8\) The medical systems in place prior to Hurricane Maria
were unable to properly handle the health crisis that existed
due to the toxic residue left on the island by the military's
activities.
\(9\) After Maria, the medical facility was closed due to
damage and continues to be unable to perform even the few
basic services that it did provide. Vieques needs a medical
facility that can treat and address the critical and urgent
need to get life-saving medical services to its residents.
Due to legal restrictions, the Federal Emergency Management
Agency \(in this section referred to as “FEMA”\) is unable to
provide a hospital where its capabilities exceed the
abilities of the facility that existed prior to Maria;
therefore Vieques needs assistance to build a facility to
manage the vast health needs of its residents.
\(10\) Every American has benefitted from the sacrifices of
those Americans who have lived and are living on Vieques and
it is our intent to acknowledge that sacrifice and to treat
those Americans with the same respect and appreciation that
other Americans enjoy.
\(11\) In 2012, the residents of Vieques were denied the
ability to address their needs in Court due to sovereign
immunity, Sanchez v. United States, No. 3:09-cv-01260-DRD
\(D.P.R.\). However, the United States Court of Appeals for the
First Circuit referred the issue to Congress and urged it to
address the humanitarian crisis. This bill attempts to
satisfy that request such that Americans living on Vieques
have a remedy for the suffering they have endured.
\(c\) Settlement of Claims Against the United States for
Certain Residents of the Island of Vieques, Puerto Rico.—
\(1\) Appointment of special master.—
\(A\) In general.—The Attorney General shall appoint a
Special Master not later than 90 days after the date of the
enactment of this Act to consider claims by the Municipality
of Vieques.
\(B\) Qualifications.—The Attorney General shall consider
the following in choosing the Special Master:
\(i\) The individual's experience in the processing of
victims' claims in relation to foreign or domestic
governments.
\(ii\) The individual's balance of experience in representing
the interests of the United States.
\(iii\) The individual's experience in matters of national
security.
\(iv\) The individual's demonstrated abilities in
investigation and fact findings in complex factual matters.
\(v\) Any experience the individual has had advising the
United States Government.
\(2\) Award amounts related to claims by the municipality of
vieques.—
\(A\) Award.—The Special Master, in exchange for its
administrative claims, shall provide the following as
compensation to the Municipality of Vieques:
\(i\) Staff.—The Special Master shall oversee the
construction of a level three trauma center \(in this section,
referred to as “medical facility”\) with a cancer center and
renal dialysis unit and its equipment. The medical facility
shall be able to treat life-threatening, chronic, heavy
metal, and physical and mental diseases. The medical facility
shall be able to provide basic x-ray, EKG, internal medicine
expertise, medical coordination personnel and case managers,
ultrasound, and resources necessary to screen residents of
Vieques for diseases, illnesses, cancers, or any other
prevailing health problems on Vieques.
\(ii\) Operations.—The Special Master shall provide medical
care for pediatric and adult patients who reside on the
island of Vieques, and have been determined by the by the
Special Master to meet the requirements of paragraph \(1\)
allowing the patients to be referred for tertiary and
quaternary health care facilities when necessary, and
providing the transportation and medical costs when traveling
off the island of Vieques.
\(iii\) Interim services.—Before the medical facility on the
island of Vieques is operational, the Special Master shall
provide to claimants described in paragraph \(1\) who are
receiving treatment for the diseases or illnesses described
in subparagraph \(C\) of that paragraph—
\(I\) urgent health care air transport to hospitals on the
mainland of Puerto Rico from the island of Vieques;
\(II\) medical coordination personnel and case managers;
\(III\) telemedicine communication abilities; and
\(IV\) any other services that are necessary to alleviate the
health crisis on the island of Vieques.
\(iv\) Screening.—The Special Master shall make available,
at no cost to the patient, medical screening for cancer,
cirrhosis, diabetes, and heavy metal contamination on the
island of Vieques.
\(v\) Academic partner.—The Special Master shall appoint an
academic partner, with appropriate experience and an
established relationship with the Municipality of Vieques,
that shall—
\(I\) lead a research and outreach endeavor on behalf of the
Municipality of Vieques;
\(II\) select the appropriate scientific expertise and
administer defined studies, conducting testing and evaluation
of the soils, seas, plant and animal food sources, and the
health of residents; and
\(III\) determine and implement the most efficient and
effective way to reduce the environmental toxins to a level
sufficient to return the soils, seas, food sources, and
health circumstances to a level that reduces the diseases on
the island of Vieques to the average in the United States.
\(vi\) Duties.—The Special Master shall provide amounts
necessary for the academic partner and medical coordinator to
carry out the duties described in clauses \(i\) through \(iv\).
\(vii\) Procurement.—The Special Master shall provide
amounts necessary to compensate the Municipality of Vieques
for—
\(I\) contractual procurement obligations and additional
expenses incurred by the Municipality of Vieques as a result
of the enactment of this section and settlement of its claim;
and
\(II\) any other damages and costs to be incurred by the
Municipality of Vieques, if the Special Master determines
that it is necessary to carry out the purpose of this
section.
\(viii\) Power source.—The Special Master shall determine
the best source of producing independent power on the island
of Vieques that is hurricane resilient and can effectively
sustain the needs of the island and shall oversee the
construction of the power source through funds provided by
the Federal Emergency Management Agency and the government of
Puerto Rico.
\(B\) Source.—
\(i\) In general.—Except as provided in clause \(ii\), amounts
awarded under this section shall be made from amounts
appropriated under section 1304 of title 31, United States
Code, commonly known as the “Judgment Fund”, as if claims
were adjudicated by a United States District Court under
section 1346\(b\) of title 28, United States Code.
\(ii\) Limitation.—Total amounts awarded under this section
shall not exceed $350,000,000.
\(C\) Determination and payment of claims.—
\(i\) Establishment of filing procedures.—The Attorney
General shall establish procedures whereby the Municipality
of Vieques may submit claims for payments under this section
to the Special Master.
\(ii\) Determination of claims.—The Special Master shall, in
accordance with this subsection, determine whether the
municipal claim meets the requirements of this section.
Claims filed by residents of the island of Vieques that have
been disposed of by a court under chapter 171 of title 28,
United States Code, shall be treated as if such claims are
currently filed.
\(3\) Action on claims.—The Special Master shall make a
determination on any claim filed under the procedures
established under this section not later than 150 days after
the date on which the claim is filed.
\(4\) Payment in full settlement of claims by the
municipality of vieques against the united states.—The
acceptance by the Municipality of Vieques of a payment of an
award under this section shall—
\(A\) be final and conclusive;
\(B\) be deemed to be in full satisfaction of all claims
under chapter 171 of title 28, United States Code; and
\(C\) constitute a complete release by the Municipality of
Vieques of such claim against the United States and against
any employee of the United States acting in the scope of
employment who is involved in the matter giving rise to the
claim.
\(5\) Limitation on claims.—A claim to which this section
applies shall be barred unless the claim is filed within 15
years after the date of the enactment of this Act.
\(6\) Attorney's fees.—A representative of the Municipality
of Vieques shall receive 17 percent of the amount of the
claim for services rendered for filing claims under this
section.
SA 6396. Mr. HAGERTY \(for himself, Ms. Alsobrooks, Mrs. Hyde-Smith, Ms. Cortez Masto, and Mr. Gallego\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . TRANSACTION ACCOUNT INSURANCE.
\(a\) Depository Institutions.—
\(1\) In general.—Section 11\(a\)\(1\) of the Federal Deposit
Insurance Act \(12 U.S.C. 1821\(a\)\(1\)\) is amended by striking
subparagraph \(B\) and inserting the following:
“\(B\) Net amount of insured deposit.—
“\(i\) In general.—The net amount due to any depositor at
an insured depository institution shall not exceed the sum
of—
“\(I\) the standard maximum deposit insurance amount as
determined in accordance with subparagraphs \(C\), \(D\), \(E\),
and \(F\) and paragraph \(3\); and
“\(II\) the net amount under clause \(ii\).
“\(ii\) Insurance for noninterest-bearing transaction
accounts.—
“\(I\) In general.—Except as provided in subclause \(IV\),
not later than the end of the 6-month period beginning on the
date of enactment of this clause, the Corporation shall
insure the net amount that any depositor maintains, in the
aggregate, in 1 or more noninterest-bearing transaction
accounts at an insured depository institution, in the amount
determined under subclause \(II\).
“\(II\) Insured amount.—The Corporation and the National
Credit Union Administration shall jointly issue a final rule
to establish the maximum amount for insurance described in
subclause \(I\), which shall be in an amount that is—
“\(aa\) not less than the standard maximum deposit insurance
amount and standard maximum share insurance amount on the
date such rule is issued;
“\(bb\) not more than $5,000,000; and
“\(cc\) based on considerations of enhancing the financial
stability of the banking and credit union systems, promoting
economic growth, and providing for the safety of the Deposit
Insurance Fund and the National Credit Union Share Insurance
Fund.
“\(III\) Aggregation.—For the purpose of determining the
net amount due to any depositor under subclause \(I\), the
Corporation shall aggregate the amounts of all deposits in
noninterest-bearing transaction accounts at insured
depository institutions that are subsidiaries of a single
depository institution holding company.
“\(IV\) Exclusion.—
“\(aa\) Definition.—In this subclause, the term \`foreign
bank' does not include any bank organized under the laws of
any territory of the United States, Puerto Rico, Guam,
American Samoa, or the Virgin Islands, the deposits of which
are insured by the Corporation pursuant to this Act.
“\(bb\) Exclusion.—The Corporation may not insure under
subclause \(I\) amounts maintained at—
“\(AA\) any insured depository institution that is a
subsidiary of a bank holding company that is identified as a
global systemically important BHC under section 217.402 of
title 12, Code of Federal Regulations \(or any successor
regulation\); or
“\(BB\) any insured branch of a foreign bank.
“\(cc\) Rule of construction.—Nothing in this subclause may
be construed to exclude any insured depository institution
described in subitem \(AA\) from the standard maximum deposit
insurance amount described in clause \(i\)\(I\).
“\(V\) No subsequent adjustments.—After the Corporation
issues a rule pursuant to subclause \(II\), the amount of
insurance provided under subclause \(I\) may not subsequently
be modified or repealed except by an Act of Congress.”.
\(2\) Technical and conforming amendment.—Section 3\(m\) of
the Federal Deposit Insurance Act \(12 U.S.C. 1813\(m\)\) is
amended—
\(A\) in paragraph \(1\), by inserting “, including deposits
in a noninterest-bearing transaction account,” after
“deposits”; and
\(B\) by adding at the end the following:
“\(5\) Noninterest-bearing transaction account.—The term
\`noninterest-bearing transaction account' means a deposit or
account maintained at an insured depository institution—
“\(A\) with respect to which interest is neither accrued nor
paid;
“\(B\) on which the depositor or account holder is permitted
to make withdrawals by negotiable or transferable instrument,
payment orders of withdrawal, telephone or other electronic
media transfers, or other similar items for the purpose of
making payments or transfers to third parties or others; and
“\(C\) on which the insured depository institution does not
reserve the right to require advance notice of an intended
withdrawal.”.
\(3\) Assessments.—During the transition period under
subsection \(c\), no insured depository institution with total
assets of $10,000,000,000 or less shall be required to pay—
\(A\) any special assessment under section 7\(b\)\(5\) or
13\(c\)\(4\)\(G\) of the Federal Deposit Insurance Act \(12 U.S.C.
1817\(b\)\(5\), 1823\(c\)\(4\)\(G\)\) as a condition to insurance on a
noninterest-bearing transaction account, as defined in
paragraph \(5\) of section 3\(m\) of the Federal Deposit
Insurance Act \(12 U.S.C. 1813\(m\)\), as added by paragraph \(2\)
of this subsection; or
\(B\) any increase in assessments under section 7\(b\)\(2\) of
the Federal Deposit Insurance Act \(12 U.S.C. 1817\(b\)\(2\)\)
solely to offset any impact on the reserve ratio arising out
of the extension of insurance to noninterest-bearing
transaction accounts in excess of the standard maximum
deposit insurance amount as determined in accordance with
subparagraphs \(C\), \(D\), \(E\), and \(F\) of paragraph \(1\) and
paragraph \(3\) of section 11\(a\) of that Act \(12 U.S.C.
1821\(a\)\).
\(b\) Credit Unions.—
\(1\) In general.—Section 207\(k\)\(1\)\(A\) of the Federal Credit
Union Act \(12 U.S.C. 1787\(k\)\(1\)\(A\)\) is amended—
\(A\) by striking “Subject to the provisions of paragraph
\(2\), the net amount” and inserting the following:
“\(i\) Net amount of insurance payable.—Subject to clause
\(ii\) and the provisions of paragraph \(2\), the net amount”;
and
\(B\) by adding at the end the following:
“\(ii\) Insurance for noninterest-bearing transaction
accounts.—
“\(I\) In general.—Notwithstanding clause \(i\), not later
than the end of the 6-month period beginning on the date of
enactment of this clause, the Board shall insure the net
amount that any member, or any person with funds lawfully
held in a member account, maintains, in the aggregate, in 1
or more noninterest-bearing transaction accounts at an
insured credit union.
“\(II\) Insured amount.—The Administration and the Federal
Deposit Insurance Corporation shall jointly issue a final
rule to establish the maximum amount for insurance described
in subclause \(I\), which shall be in an amount that is—
“\(aa\) not less than the standard maximum share insurance
amount and the standard maximum deposit insurance amount on
the date such rule is issued;
“\(bb\) not more than $5,000,000; and
“\(cc\) based on considerations of enhancing the financial
stability of the banking and credit union systems, promoting
economic growth, and providing for the safety of the Fund and
the Deposit Insurance Fund.
“\(III\) Exclusion.—The amount described in subclause \(I\)
shall not be taken into account when computing the net amount
due to a member, or to any person with funds lawfully held in
a member account, described in that subclause under clause
\(i\).”.
“\(IV\) No subsequent adjustments.—Beginning on the date on
which a rule is issued under subclause \(II\), the amount of
insurance provided under subclause \(I\) may not subsequently
be modified or repealed except by an Act of Congress.”.
\(2\) Technical and conforming amendments.—Section 101 of
the Federal Credit Union Act \(12 U.S.C. 1752\) is amended—
\(A\) in paragraph \(5\), by inserting “such terms mean a
noninterest-bearing transaction account,” after “Act,”;
\(B\) in paragraph \(8\), by striking “and” at the end;
\(C\) in paragraph \(9\), by striking the period at the end and
inserting “; and”; and
\(D\) by adding at the end the following:
“\(10\) The term \`noninterest-bearing transaction account'
means an account of a member, or nonmember that is eligible
to maintain an insured account, maintained at an insured
credit union—
“\(A\) with respect to which interest is neither accrued nor
paid;
“\(B\) on which the member or account holder is permitted to
make withdrawals by negotiable or transferable instrument,
payment orders of withdrawal, telephone or other electronic
media transfers, or other similar items for the purpose of
making payments or transfers to third parties or others; and
“\(C\) on which the insured credit union does not reserve
the right to require advance notice of an intended
withdrawal.”.
\(c\) Transition Period.—
\(1\) Depository institutions.—
\(A\) In general.—Notwithstanding any other provision of
law, insured deposits in noninterest-bearing transaction
accounts, as described in clause \(ii\) of section 11\(a\)\(1\)\(B\)
of the Federal Deposit Insurance Act \(12 U.S.C.
1821\(a\)\(1\)\(B\)\), as added by subsection \(a\)\(1\) of this
section, shall be included in the determination of the value
of the estimated insured deposits described in sections
3\(y\)\(3\) and 7\(b\)\(3\)\(B\) of that Act \(12 U.S.C. 1813\(y\)\(3\),
1817\(b\)\(3\)\(B\)\) in accordance with the plan required under
subparagraph \(B\).
\(B\) Plan.—Not later than 1 year after the date of
enactment of this Act, the Federal Deposit Insurance
Corporation shall publish in the Federal Register a plan for
gradually increasing, during the period ending on the date
that is 10 years after the date of enactment of this Act, the
portion of insured deposits described in subparagraph \(A\) in
the determination described in that subparagraph, reaching
100 percent at the end of the period.
\(2\) Credit unions.—
\(A\) In general.—Notwithstanding any other provision of
law, insured shares in noninterest-bearing transaction
accounts, as described in clause \(ii\) of section 207\(k\)\(1\)\(A\)
of the Federal Credit Union Act \(12 U.S.C. 1787\(k\)\(1\)\(A\)\), as
added by subsection \(b\)\(1\) of this section, shall be included
in the determination of the value of the aggregate amount of
the insured shares, as defined in section 202\(h\) of that Act
\(12 U.S.C. 1782\(h\)\), in accordance with the plan required
under subparagraph \(B\).
\(B\) Plan.—Not later than 1 year after the date of
enactment of this Act, the National Credit Union
Administration Board shall publish in the Federal Register a
plan for gradually increasing, during the period ending on
the date that is 10 years after the date of enactment of this
Act, the portion of insured shares described in subparagraph
\(A\) in the determination described in that subparagraph,
reaching 100 percent at the end of the period.
\(C\) Capitalization deposit.—For purposes of section
202\(c\)\(1\) of the Federal Credit Union Act \(12 U.S.C.
1782\(c\)\(1\)\), insured shares described in subparagraph \(A\)
shall be taken into account only to the extent such insured
shares are included under the plan required under
subparagraph \(B\).
\(D\) Regulations.—The National Credit Union Administration
may issue such regulations, orders, or guidance as necessary
or appropriate to carry out subparagraphs \(A\), \(B\), and \(C\)
and to administer section 202 of the Federal Credit Union Act
\(12 U.S.C. 1782\) in a manner consistent with the transition
period described in subparagraph \(B\).
\(d\) Regulations.—The Federal Deposit Insurance Corporation
and the National Credit Union Administration may promulgate
regulations carrying out the amendments made by this section,
including prohibiting insured depository institutions, as
defined in section 3 of the Federal Deposit Insurance Act \(12
U.S.C. 1813\), insured credit unions, as defined in section
101 of the Federal Credit Union Act \(12 U.S.C. 1752\), and
third parties, as applicable, from evading the limitation of
insurance established under those amendments to only—
\(1\) noninterest-bearing transaction accounts;
\(2\) deposits or accounts at insured depository institutions
not excluded under clause \(ii\)\(IV\) of section 11\(a\)\(1\)\(B\) of
the Federal Deposit Insurance Act \(12 U.S.C. 1821\(a\)\(1\)\(B\)\),
as added by subsection \(a\) of this section; and
\(3\) shares, deposits, or accounts at insured credit unions.
SA 6397. Mr. CRUZ \(for himself and Ms. Cantwell\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. AUTHORIZATION OF APPROPRIATIONS FOR THE COAST
GUARD.
Section 4902 of title 14, United States Code, is amended—
\(1\) in the matter preceding paragraph \(1\), by striking
“fiscal years 2022 and 2023” and inserting “fiscal years
2026 and 2027”;
\(2\) in paragraph \(1\)—
\(A\) in subparagraph \(A\), by striking clauses \(i\) and \(ii\)
and inserting the following:
“\(i\) $11,851,875,000 for fiscal year 2026; and
“\(ii\) $13,500,000,000 for fiscal year 2027.”;
\(B\) in subparagraph \(B\), by striking “$23,456,000” and
inserting “$25,570,000”; and
\(C\) in subparagraph \(C\), by striking “subparagraph
\(A\)\(ii\), $24,353,000” and inserting “clause \(ii\) of
subparagraph \(A\), $26,848,500”;
\(3\) in paragraph \(2\)\(A\), by striking clauses \(i\) and \(ii\)
and inserting the following:
“\(i\) $3,651,480,000 for fiscal year 2026; and
“\(ii\) $3,700,000,000 for fiscal year 2027.”;
\(4\) in paragraph \(3\), by striking subparagraphs \(A\) and \(B\)
and inserting the following:
“\(A\) $67,701,000 for fiscal year 2026; and
“\(B\) $70,000,000 for fiscal year 2027.”; and
\(5\) by striking paragraph \(4\) and inserting the following:
“\(4\) For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for purposes of
retired pay, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10—
“\(A\) $1,057,929,000 for fiscal year 2026; and
“\(B\) $1,215,000,000 for fiscal year 2027.”.
SA 6398. Mr. RICKETTS \(for himself and Mr. Kim\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. MULTILATERAL ALIGNMENT OF CONTROLS ON
SEMICONDUCTOR MANUFACTURING EQUIPMENT.
\(a\) Identifying Chokepoints.—Not later than 60 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of Commerce, acting through the
Under Secretary of Commerce for Industry and Security, and in
coordination with the Secretary of State, shall—
\(1\) conduct a review to identify all covered semiconductor
manufacturing equipment and all covered facilities;
\(2\) submit to the appropriate congressional committees a
list of all such equipment and facilities; and
\(3\) notify the public in the Federal Register when this
submission has occurred.
\(b\) Diplomatic Engagement.—
\(1\) In general.—The Secretary of Commerce, acting through
the Under Secretary of Commerce for Industry and Security,
and the Secretary of State should continue to prioritize and
encourage the governments of allied supplier countries to
adopt—
\(A\) countrywide controls, or other policies that have the
same practical effect as countrywide controls, on covered
semiconductor manufacturing equipment that are subject to the
jurisdiction of such allied supplier country; and
\(B\) license requirements, with a policy of presumption of
denial, for the export, reexport, or in-country transfer of
all applicable items to any covered facility and for the
servicing of all applicable items at any covered facility.
\(2\) Briefing on diplomatic efforts.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Commerce, acting through the Under Secretary of Commerce for
Industry and Security, and the Secretary of State shall
jointly provide to members of the appropriate congressional
committees a briefing, in which the Secretaries describe the
status of diplomatic efforts to align the controls on covered
semiconductor manufacturing equipment imposed by allied
supplier countries with the controls imposed by the United
States.
\(3\) Certification on allied supplier countries.—Except as
provided in subsection \(c\)\(3\), for each allied supplier
country, the Secretary of Commerce, acting through the Under
Secretary of Commerce for Industry and Security, and the
Secretary of State shall jointly certify, not later than 150
days after the date of the enactment of this Act, to the
appropriate congressional committees that either—
\(A\) the country has implemented the controls described in
subparagraphs \(A\) and \(B\) of paragraph \(1\); or
\(B\)\(i\) the country has not adopted the controls described
in subparagraph \(A\) or \(B\) of paragraph \(1\);
\(ii\) the Secretary of Commerce, acting through the Under
Secretary of Commerce for Industry and Security, and the
Secretary of State have prioritized and exhausted available
diplomatic channels; and
\(iii\) continued delay would materially undermine the
national security of the United States.
\(c\) Controls on United States Equipment and Extension of
Controls.—
\(1\) Application of controls on united states equipment.—
Not later than 150 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of Commerce,
acting through the Under Secretary of Commerce for Industry
and Security, shall issue regulations that—
\(A\) update United States countrywide controls to covered
semiconductor manufacturing equipment produced in the United
States; and
\(B\) update comprehensive United States end-user or end-use
restrictions to all covered facilities located in a country
of concern.
\(2\) Extension of controls to allied supplier countries.—
\(A\) In general.—Except as provided in subparagraph \(B\),
for any allied supplier country for which a certification is
submitted under subsection \(b\)\(3\)\(B\), the Secretary of
Commerce shall issue regulations, not later than the date of
the submission of such certification, that—
\(i\) establish United States jurisdiction over covered
semiconductor manufacturing equipment and applicable items
exported, reexported, or in-country transferred from, or
produced in, such country; and
\(ii\) apply—
\(I\) countrywide controls to all covered semiconductor
manufacturing equipment produced in such country;
\(II\) a license requirement, subject to a presumption of
denial, for the servicing of any applicable item located in a
covered facility; and
\(III\) end-user and end-use controls prohibiting the export,
reexport, or in-country transfer of an applicable item to any
covered facility.
\(B\) Deferral for anticipated alignment.—If, on or before
the deadline described in subparagraph \(A\), the Secretary of
Commerce and the Secretary of State jointly submit to the
appropriate congressional committees a report certifying that
the allied supplier country subject to subparagraph \(A\) has
committed to adopt, or is otherwise expected to adopt,
controls that have the same practical effect as those
described in subsection \(b\)\(1\), the Secretary of Commerce may
issue a one-time deferral of the effective date of the
regulations described in subsection \(A\) for a period of not
longer than 30 days from the date described in subparagraph
\(A\).
\(3\) National security waiver.—The Secretary of Commerce,
acting through the Under Secretary of Commerce for Industry
and Security, and the Secretary of State may jointly grant a
one-time waiver to extend the 150-day deadline for the
issuing of controls pursuant to paragraph \(1\) or paragraph
\(2\) by not more than 90 days, if the Secretary of Commerce
and the Secretary of State jointly—
\(A\) submit a report to the appropriate congressional
committees describing—
\(i\) the justification for why the deadline could not be
met; and
\(ii\) the interim steps the Secretaries have taken to
prevent stockpiling; and
\(B\) determine and certify to the appropriate congressional
committees that—
\(i\) the extension is in the national security interest of
the United States; and
\(ii\) if applicable, the government of the allied supplier
country is taking concrete, verifiable steps, pursuant to
their domestic laws and regulations and as expeditiously as
possible, to adopt controls that have the same practical
effect as, or are more stringent than, the controls that
would otherwise be imposed under paragraph \(2\).
\(d\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Commerce, acting through the Under Secretary of
Commerce for Industry and Security, and the Secretary of
State shall jointly submit to the appropriate congressional
committees a report that includes—
\(A\) the scope of the export controls imposed by the United
States and allied supplier countries on any covered
semiconductor manufacturing equipment identified in the most
recent list submitted under subsection \(a\);
\(B\) a summary of diplomatic engagements and unilateral
actions undertaken by the Secretaries in the one-year period
prior to the submission of the report to close any gap in
countrywide controls imposed by allied supplier countries for
covered semiconductor manufacturing equipment; and
\(C\) a certification that the export, reexport, or in-
country transfer of any covered semiconductor manufacturing
equipment to a country of concern, the export of any
applicable items to any covered facility, and the servicing
of any such item located in a country of concern is
prohibited or requires a license issued by the United States
or an allied supplier country, subject to a presumption of
denial.
\(2\) Form.—Each report submitted under paragraph \(1\) shall
be submitted in unclassified form but may include a
classified annex.
\(e\) Nonpublication of Confidential Certifications and
Reports.—
\(1\) In general.—The Secretary of Commerce, acting through
the Under Secretary of Commerce for Industry and Security,
and the Secretary of State, as applicable, may elect to
submit to the appropriate congressional committees any
certification and report described in subsection \(a\), \(c\), or
\(d\) in a confidential manner.
\(2\) Committee safeguards.—The appropriate congressional
committees shall take such steps as may be necessary to
ensure that any certification or report submitted in
a confidential manner is not made publicly available.
\(f\) Compliance Assistance With Extension of Controls.—
Simultaneously with the issuing regulations under subsection
\(c\)\(2\), the Secretary of Commerce, acting through the Under
Secretary of Commerce for Industry and Security, may provide
to the principal executive officers of any company that
produces covered semiconductor manufacturing equipment in the
allied supplier country targeted in such regulations a letter
describing the regulations and the legal obligations imposed
by the regulations, including any penalty that may be imposed
under section 1760 of the Export Control Reform Act of 2018 \(
50 U.S.C. 4819\) for a violation of such regulations.
\(g\) Termination and Reimposition of Controls Upon Allied
Action.—
\(1\) Termination or modification.—The Secretary of
Commerce, acting through the Under Secretary of Commerce for
Industry and Security, may terminate or modify any regulation
issued under subsection \(c\)\(2\), if the country has
established controls, including licensing policies, that have
the same practical effect as the regulation to be terminated
or modified.
\(2\) Reimposition.—If, after terminating or modifying a
control under paragraph \(1\), the Secretary of Commerce,
acting through the Under Secretary of Commerce for Industry
and Security, determines that the allied supplier country has
materially weakened, suspended, or revoked the control that
justified the termination or modification under paragraph
\(1\), the Secretary shall, not later than 60 days after making
such determination—
\(A\) notify the appropriate congressional committees of such
determination; and
\(B\) reimpose the control under subsection \(c\)\(2\) that was
terminated or modified under paragraph \(1\).
\(h\) Administrative Procedures.—The provisions of section
1762 of the Export Control Reform Act of 2018 \(50 U.S.C.
4821\) shall apply to this section in the same manner and to
the same extent as such provisions apply to the Export
Control Reform Act of 2018 \(50 U.S.C. 4801 et seq.\).
\(i\) Definitions.—In this section:
\(1\) The term “advanced-node integrated circuits” has the
meaning given that term in section 772.1 of the Export
Administration Regulations as in effect on January 1, 2026.
\(2\) The term “allied supplier country” means any country
that—
\(A\) is not a country of concern; and
\(B\) is engaged in the production of covered semiconductor
manufacturing equipment.
\(3\) The term “applicable item” means any item that is or
can be made subject to the Export Administration Regulations,
including—
\(A\) a United States-origin item;
\(B\) a foreign-produced item that is the direct product of,
or produced by plants or major components that are the direct
product of, United States-origin software or technology
subject to the Export Administration Regulations;
\(C\) a foreign-produced item with more than zero percent de
minimis United States-origin content; and
\(D\) a foreign-produced item that contains United States-
origin or foreign-produced integrated circuits that are
presumptively designed or produced, directly or indirectly,
with technology, software, or equipment that is subject to
the Export Administration Regulations.
\(4\) The term “appropriate congressional committees”
means—
\(A\) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(5\) The term “capabilities comparable to those of the
product sold by the global market leader” means, considering
cost, throughput, reliability, precision, and any other
relevant factors, advanced-node integrated circuit makers
headquartered outside of countries of concern, when selecting
a tool for use in high-volume manufacturing, would be
indifferent about using, or would prefer to use, the tool
produced by the country of concern, rather than a tool sold
by the company with the greatest share of the global market
for tools used to accomplish the same function.
\(6\) The term “country of concern” has the meaning given
the term “covered nation” in section 4872\(f\) of title 10,
United States Code.
\(7\) The term “countrywide controls” means, with respect
to semiconductor manufacturing equipment, a licensing
requirements, with a policy of presumption of denial, for the
export, reexport, or in-country transfer of the item to or in
a country of concern, and a licensing requirement, with a
policy of presumption of denial, for the servicing of the
item located in a country of concern, excluding exports
reexports, in-country transfers or servicing where the
destination is a fabrication facility that existed as of the
date of the enactment of this Act and remains owned and
operated by a company headquartered, and the ultimate parent
company of which is headquartered, outside of any country of
concern.
\(8\) The term “covered facility” means—
\(A\) a facility engaged in the production of advanced-node
integrated circuits which is owned or operated by an entity
headquartered in, or whose ultimate parent company is
headquartered in, a country of concern; or
\(B\) any facility owned or operated by, or in common
ownership or control with—
\(i\) Semiconductor Manufacturing International Corporation;
\(ii\) Hua Hong Semiconductor Limited;
\(iii\) Huawei Technologies Company;
\(iv\) ChangXin Memory Technologies;
\(v\) Yangtze Memory Technologies Corporation;
\(vi\) any producer, manufacturer, or developer of
semiconductor manufacturing equipment that is headquartered
in, or the ultimate parent company of which is headquartered
in, a country of concern; or
\(vii\) any entity that is a subsidiary or affiliate of or a
successor to any entity described in clauses \(i\) through
\(vi\).
\(9\) The term “covered semiconductor manufacturing
equipment”—
\(A\) means semiconductor manufacturing equipment or a
component therefor that—
\(i\) is an applicable item; and
\(ii\) the Secretary of Commerce, acting through the Under
Secretary of Commerce for Industry and Security, and the
Secretary of State jointly determine that no country of
concern produces in sufficient volumes and with capabilities
comparable to those of the product sold by the global market
leader, as of the date of the enactment of this Act; and
\(B\) includes, at a minimum—
\(i\) all deep ultraviolet immersion photolithography
machines, through silicon via deposition and etch tools,
cryogenic etch equipment, and cobalt deposition equipment;
and
\(ii\) all semiconductor manufacturing equipment or
components specified in Export Control Classification Number
3B001 or 3B002, or equipment meeting the parameters of Export
Control Classification Number 3B993.f.1 \(excluding the
parameters described in 3B993.F.1.b2\), as in effect on
January 1, 2026, except any item the Secretary of Commerce,
acting through the Under Secretary of Commerce for Industry
and Security, and the Secretary of State jointly determine
does not meet the requirements of subparagraph \(A\).
\(10\) The terms “export”, “in-country transfer”,
“reexport”, and “Export Administration Regulations” have
the meanings given such terms in section 1742 of the Export
Control Reform Act of 2018 \(50 U.S.C. 4801\).
\(11\) The term “in sufficient volumes” means in volumes
sufficient to meet 75 percent of current demand from all
countries of concern.
\(12\) The term “servicing” means any servicing of
equipment or components, whether in-person or remote,
including installation, calibration, repair, overhauling,
refurbishing, testing, diagnosing, updating software or
firmware, training, field services, application support
engineering, customization, technical assistance, process
adjustments, troubleshooting, and transfer of industry best
practices for maintenance.
SA 6399. Mr. RICKETTS \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Taiwan Energy Security
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Taiwan Energy Security
and Anti-Embargo Act of 2026”.
SEC. 1272. FINDINGS.
Congress makes the following findings:
\(1\) Taiwan is a vital democratic partner the energy
security of which is critical to the strategic interests of
the United States in the Indo-Pacific region.
\(2\) Enhancing Taiwan's energy resilience through
diversified and reliable sources reduces vulnerability to
coercion, disruption, or attack by authoritarian regimes.
\(3\) The United States possesses abundant supplies of energy
resources, technologies, and expertise that support economic
growth, job creation, and the national security interests of
the United States.
\(4\) Promoting United States energy exports to and
partnerships with Taiwan aligns with United States energy
diplomacy objectives, strengthens bilateral economic and
security ties, and contributes to regional stability.
\(5\) Taiwan's energy infrastructure, including electric grid
systems and liquefied natural gas import facilities, is
vulnerable to asymmetric and kinetic threats from the
People's Republic of China.
\(6\) Supporting Taiwan's efforts to improve the resilience
and security of its energy infrastructure advances deterrence
and promotes continuity of government operations in the event
of a crisis.
SEC. 1273. PROMOTION OF UNITED STATES ENERGY EXPORTS AND
ENERGY INFRASTRUCTURE RESILIENCE FOR TAIWAN.
The Taiwan Enhanced Resilience Act \(22 U.S.C. 3351 et seq.\)
is amended by adding at the end the following:
“PART 8—PROMOTION OF UNITED STATES ENERGY EXPORTS AND ENERGY
INFRASTRUCTURE RESILIENCE FOR TAIWAN
“SEC. 5540A. DEFINITIONS.
“In this part:
“\(1\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means—
“\(A\) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, and the Committee on
Energy and Natural Resources of the Senate; and
“\(B\) the Committee on Foreign Affairs, the Committee on
Energy and Commerce, and the Committee on Natural Resources
of the House of Representatives.
“\(2\) Asymmetric threat.—The term \`asymmetric threat'
means a threat posed by unconventional means, including a
cyberattack, sabotage, or economic coercion, designed to
undermine or disrupt the operation of critical
infrastructure.
“SEC. 5540B. PROMOTION OF UNITED STATES ENERGY EXPORTS TO
TAIWAN.
“\(a\) In General.—The Secretary of State, in coordination
with the Secretary of Commerce and the Secretary of Energy,
may prioritize efforts to support and facilitate—
“\(1\) United States energy exports to Taiwan; and
“\(2\) the development of energy projects that diversify
Taiwan's energy sources.
“\(b\) Activities.—In carrying out subsection \(a\), the
Secretaries may—
“\(1\) engage with United States liquefied natural gas
producers, exporters, and infrastructure entities to identify
and address barriers to liquefied natural gas exports and
storage projects intended for the market of Taiwan;
“\(2\) facilitate coordination between United States private
sector entities, relevant governing authorities, and private
sector stakeholders in Taiwan, including to promote
investment in energy projects in Taiwan and the export of
United States technologies to Taiwan;
“\(3\) provide diplomatic and technical support for
liquefied natural gas exports, exports of other United States
energy resources and technologies, and storage and related
infrastructure for any relevant energy projects linked to
Taiwan;
“\(4\) consult with Taiwan to assess and strengthen
liquefied natural gas import and storage capabilities; and
“\(5\) coordinate interagency efforts to ensure cohesive and
sustained United States support for Taiwan's energy security.
“SEC. 5540C. ENERGY INFRASTRUCTURE RESILIENCE CAPACITY
BUILDING.
“\(a\) Requirement.—Not later than 180 days after the date
of the enactment of the Taiwan Energy Security and Anti-
Embargo Act of 2026, the Secretary of State, in coordination
with the Secretary of Defense and the Secretary of Energy,
may seek to engage with appropriate officials of Taiwan for
the purpose of cooperating with the Ministry of Foreign
Affairs, the Ministry of the Interior, the Ministry of
Defense, and the head of any other applicable ministry of
Taiwan for capacity building to enhance energy infrastructure
resilience, including defensive military cybersecurity
activities.
“\(b\) Identification of Activities.—In carrying out
subsection \(a\), the Secretary of State may identify
cooperative activities—
“\(1\) to enhance cybersecurity programs to protect grid
operating systems, liquefied natural gas and other energy
storage terminals, and supervisory control and data
acquisition systems;
“\(2\) to support physical security improvements,
operational redundancy, and continuity-of-operations
planning;
“\(3\) to engage in joint training exercises and scenario-
based planning with relevant agencies in Taiwan; and
“\(4\) to support workforce development, emergency response
planning, and institutional modernization of energy sector
operators.
“\(c\) United States-Taiwan Energy Security Center.—The
Secretary of State, in coordination with the Secretary of
Energy, may establish a joint United States-Taiwan Energy
Security Center in the United States, leveraging the
expertise of institutions of higher education and private
sector entities to foster dialogue and collaboration for
academic cooperation in energy security and resilience.
“\(d\) Authorization of Assistance.—The Secretary of State,
in coordination with the Secretary of Defense and the
Secretary of Energy, may provide technical assistance to
support the activities described in subsection \(b\) or the
center described in subsection \(c\).
“\(e\) Implementation.—
“\(1\) In general.—Assistance under this section shall be
provided through the American Institute in Taiwan and in
consultation with relevant authorities in Taiwan, consistent
with the Taiwan Relations Act \(22 U.S.C. 3301 et seq.\).
“\(2\) Notification.—Any assistance provided by the
Department of State pursuant this section shall be subject to
the regular notification requirements of section 634A of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2394-1\).
“\(f\) Briefings.—Not later than 180 days after the date of
the enactment of the Taiwan Energy Security and Anti-Embargo
Act of 2026, the Secretary of State, in coordination with the
Secretary of Defense and the Secretary of Energy, shall
provide to the appropriate congressional committees a
briefing on the implementation of this section.
“SEC. 5540D. ANNUAL REPORT.
“\(a\) In General.—Not later than 180 days after the date
of the enactment of the Taiwan Energy Security and Anti-
Embargo Act of 2026, and annually thereafter for 3 years, the
Secretary of State, in coordination with the Secretary of
Commerce, the Secretary of Energy, and the Secretary of
Defense, shall submit to the appropriate congressional
committees a report that—
“\(1\) describes actions taken under this part;
“\(2\) identifies barriers to—
“\(A\) increased United States energy exports to Taiwan;
“\(B\) increased investment in Taiwan's energy sector that
would strengthen Taiwan's energy resilience;
“\(C\) energy infrastructure security cooperation; and
“\(D\) enhancing the resilience of Taiwan's energy supply
against economic coercion and supply chain disruptions, with
due consideration for national security implications;
“\(3\) evaluates the effectiveness of capacity building and
technical assistance activities carried out under section
5540C; and
“\(4\) provides recommendations to expand and diversify
Taiwan's energy sources and improve future bilateral energy
cooperation between the United States and Taiwan.
“\(b\) Form.—Each report required by subsection \(a\) shall
be submitted in unclassified form but may include a
classified annex.”.
SEC. 1274. TRAINING TO IMPROVE TAIWAN'S CRITICAL ENERGY
INFRASTRUCTURE PROTECTION.
Section 5504\(a\)\(3\) of the Taiwan Enhanced Resilience Act
\(22 U.S.C. 3353\(a\)\(3\)\) is amended by inserting after
“capabilities” the following: “and critical energy
infrastructure protection”.
SEC. 1275. FINDINGS AND SENSE OF CONGRESS REGARDING TAIWAN'S
USE OF NUCLEAR ENERGY.
\(a\) Findings.—Congress makes the following findings:
\(1\) According to the International Atomic Energy Agency,
nuclear energy—
\(A\) is the second safest source of energy;
\(B\) is one of only 2 clean energies that offer non-stop
baseload power required for sustainable economic growth and
improved human welfare; and
\(C\) when compared with other sources of electricity from
cradle to grave, has the lowest carbon footprint, uses fewer
materials, and takes up less land.
\(2\) A nuclear fuel assembly lasts up to 6 years, making
supply more resistant to maritime disruption.
\(3\) Taiwan has built a robust civilian nuclear capability
over previous decades that has shown the potential to provide
clean, reliable power to Taiwan.
\(4\) On May 17, 2025, the Maanshan-2, Taiwan's last
operating nuclear power plant, was shut down after its 40-
year operating license expired.
\(5\) There are compelling economic and security reasons to
evaluate placing existing infrastructure back in service to
ensure Taiwan has clean, reliable power that is more
resilient in a contingency.
\(6\) As a result of Taiwan's substantial use of energy in
industrial manufacturing and production, and emerging energy
requirements for electrification, artificial intelligence,
and data center support, there is considerable benefit for
Taiwan to evaluate new small modular reactors technology to
augment its energy capacity and resilience.
\(7\) As Taiwan modernizes its military, the power demand
from command-and-control systems, intelligence platforms,
drone operations, and joint battlespace integration will
continue to increase.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) it is in the interests of both the United States and
Taiwan for Taiwan—
\(A\) to maintain nuclear power as an energy source; and
\(B\) to utilize new nuclear technologies, including Gen III+
nuclear reactors and small modular reactor technology; and
\(2\) the United States should prioritize assistance and
cooperation with Taiwan on nuclear energy to improve
technology exports and job creation in the United States and
energy security and resilience in Taiwan.
SEC. 1276. INSURANCE FOR VESSELS TRANSPORTING VITAL GOODS TO
STRATEGIC PARTNERS.
Section 53902 of title 46, United States Code, is amended
by adding at the end the following:
“\(d\) Vessels Transporting Vital Goods to Strategic
Partners.—
“\(1\) In general.—The Secretary of Transportation may
provide insurance and reinsurance under this chapter for any
vessel engaged in commerce transporting critical energy,
humanitarian, or other goods to Taiwan or another strategic
partner of the United States that is facing coercive maritime
threats if the Secretary determines, in consultation with the
Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, that providing such
insurance or reinsurance is necessary to support vital
strategic commerce or to deter coercive maritime behavior
that undermines regional security.
“\(2\) Nonapplicability of certain condition.—The condition
under section 53902\(c\) shall not apply with respect to a
vessel described in paragraph \(1\).”.
SEC. 1277. RULE OF CONSTRUCTION REGARDING CONTINUED UNITED
STATES POLICY TOWARD TAIWAN AND THE GOVERNMENT
OF THE PEOPLE'S REPUBLIC OF CHINA.
Nothing in this subtitle may be construed as a change to
the One China Policy of the
United States, which is guided by the Taiwan Relations Act
\(22 U.S.C. 3301 et seq.\), the three United States-People's
Republic of China Joint Communiques, and the Six Assurances.
SA 6400. Mr. RICKETTS \(for himself, Mr. Kim, Mr. Risch, and Mr. Schumer\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. MULTILATERAL ALIGNMENT OF CONTROLS ON
SEMICONDUCTOR MANUFACTURING EQUIPMENT.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) export controls on semiconductor manufacturing
equipment and components represent one of the United States'
most effective defenses of this foundational technology;
\(2\) advanced computing applications like artificial
intelligence are transforming military affairs and the
balance of power;
\(3\) the United States and its allies have an advantage in
the foundational technologies that underpin advanced
computing applications, including advanced-node integrated
circuits and the equipment and software required to design
and produce advanced-node integrated circuits;
\(4\) robust controls on semiconductor manufacturing
equipment and components have been a bipartisan priority
across multiple administrations, reflecting a shared
recognition that protecting America's semiconductor advantage
is essential to national security;
\(5\) the adversaries of the United States are exploiting
gaps in the current export control regime;
\(6\) certain entities, including ChangXin Memory
Technologies, Hua Hong Semiconductor Limited, Huawei
Technologies Company, Semiconductor Manufacturing
International Corporation, and Yangtze Memory Technologies
Corporation are engaged in efforts to produce advanced-node
integrated circuits that are especially crucial for the
Military-Civil Fusion efforts of the People's Republic of
China and warrant comprehensive export controls to prevent
those companies from accessing items made with United States
technologies;
\(7\) companies located in adversary countries that produce
semiconductor manufacturing equipment are critical to
adversaries' efforts to overcome exports controls to develop
advanced-node integrated circuit production capabilities, and
such companies should not be permitted to utilize or benefit
from United States or allied technology or components;
\(8\) the United States Government should work closely with
allies and partners of the United States to align export
controls on semiconductor manufacturing equipment and
components to prevent gaps in controls, reduce the risk of
circumvention, and ensure a level global playing field; and
\(9\) securing a diplomatic agreement, including through the
use of positive incentives to encourage adoption of these
controls, is the best and most sustainable path to alignment.
\(b\) Identifying Chokepoints.—Not later than 60 days after
the date of the enactment of this Act, and annually
thereafter, the covered agency heads shall—
\(1\) jointly conduct a review to identify all covered
semiconductor manufacturing equipment and all covered
facilities;
\(2\) submit to the appropriate congressional committees a
list of all such equipment and facilities; and
\(3\) notify the public in the Federal Register when this
submission has occurred.
\(c\) Diplomatic Engagement.—
\(1\) In general.—The covered agency heads shall prioritize
and, upon the date of the enactment of this Act, immediately
engage in diplomatic efforts to encourage the governments of
allied supplier countries to adopt—
\(A\) countrywide controls, or other policies that have the
same practical effect as countrywide controls, on covered
semiconductor manufacturing equipment that are subject to the
jurisdiction of such allied supplier country; and
\(B\) license requirements for the export of all applicable
items to any covered facility and the servicing of all
applicable items at any covered facility, with a policy of
denying such license.
\(2\) Briefing on diplomatic efforts.—Not later than 90 days
after the date of the enactment of this Act, the covered
agency heads shall provide a briefing to members of the
appropriate congressional committees that—
\(A\) describes the status of diplomatic efforts to secure
the adoption by allied supplier countries of the controls
described in paragraph \(1\);
\(B\) outlines and assesses positive incentives to encourage
adoption of these controls; and
\(C\) identifies—
\(i\) countries that have not adopted the controls described
in paragraph \(1\)\(A\);
\(ii\) countries that have not adopted the controls described
in paragraph \(1\)\(B\); and
\(iii\) measures that the United States has taken to
implement the controls described in subparagraphs \(A\) and \(B\)
of paragraph \(1\).
\(d\) Application of Controls and Exhaustion of Diplomatic
Recourse.—
\(1\) Application of controls.—Not later than 150 days after
the date of the enactment of this Act, and annually
thereafter, the Secretary of Commerce, in consultation with
the Secretary of State, shall issue regulations that—
\(A\) apply countrywide controls to covered semiconductor
manufacturing equipment produced in the United States; and
\(B\) apply comprehensive end-user or end-use restrictions to
all covered facilities located in countries of concern.
\(2\) Exhaustion of diplomatic recourse.—Except as provided
in paragraph \(4\), for each allied supplier country, the
covered agency heads shall jointly certify, not later than
150 days after the date of the enactment of this Act, to the
appropriate congressional committees that either—
\(A\) the country has implemented—
\(i\) countrywide controls, or policies that have the same
practical effect, on all semiconductor manufacturing
equipment that is subject to the jurisdiction of the allied
supplier country; and
\(ii\) licensing requirements, with a policy of denying the
license, for the export of all applicable items to any
covered facility, or other policies with the same practical
effect; or
\(B\)\(i\) the country has not adopted the controls described
in subparagraph \(A\) or \(B\) of subsection \(c\)\(1\);
\(ii\) the covered agency heads have prioritized and
exhausted available diplomatic channels;
\(iii\) such channels have failed to secure export controls
from the allied supplier country that have the same practical
effect as those described in subparagraphs \(A\) and \(B\) of
subsection \(c\)\(1\); and
\(iv\) continued delay would materially undermine the
national security of the United States.
\(3\) Extension of controls.—For each allied supplier
country for which the covered agency heads submitted a
certification described in paragraph \(2\)\(B\), the Secretary of
Commerce, in consultation with the Secretary of State, shall
issue regulations that—
\(A\) establish jurisdiction over and apply countrywide
controls, by directly controlling the equipment, indirectly
restricting the end-use of essential components of such
equipment, or both, to covered semiconductor manufacturing
equipment exported from the allied supplier country; and
\(B\) require a license for the servicing of any applicable
item that is also subject to the jurisdiction of the allied
supplier country in any covered facility located in a country
of concern and implement a policy of denying the license for
such servicing; and
\(C\) establish jurisdiction over applicable items from the
allied supplier country and apply end-user or end-use
controls prohibiting the export of such items to any covered
facility.
\(4\) National security waiver.—The covered agency heads may
jointly grant a one-time waiver to extend the 150-day
deadline for certification under paragraph \(2\) by not more
than 90 days, if the covered agency heads, with concurrence
from the Secretary of Defense and the Secretary of Energy,
jointly—
\(A\) submit a report to the appropriate congressional
committees describing—
\(i\) justification for why the deadline could not be met;
and
\(ii\) the interim steps the covered agency heads have taken
to prevent stockpiling; and
\(B\) determine and certify to the appropriate congressional
committees that—
\(i\) the extension is in the national security interest of
the United States, despite the risk that countries of concern
may take advantage of the delay to further stockpile covered
semiconductor manufacturing equipment; and
\(ii\) the government of the allied supplier country is
taking concrete, verifiable steps, pursuant to their domestic
laws and regulations and as expeditiously as possible, to
adopt and implement controls that have the same practical
effect as, or are more stringent than, the controls that
would otherwise be imposed under paragraph \(3\).
\(e\) Report.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the covered
agency heads shall provide to the appropriate congressional
committees a report that includes—
\(1\) a list of all covered semiconductor manufacturing
equipment;
\(2\) a list of all entities that own or operate a covered
facility;
\(3\) the scope of the countrywide controls imposed by the
United States and allied supplier countries on each covered
semiconductor manufacturing equipment identified pursuant to
paragraph \(1\);
\(4\) a summary of diplomatic engagements and unilateral
actions undertaken by the covered agency heads in the 12-
months period prior to the submission of the report to close
any gap among allied supplier countries in the countrywide
controls imposed by such countries for covered semiconductor
manufacturing equipment; and
\(5\) a certification that the export of any covered
semiconductor manufacturing equipment to a country of concern
and the export of any applicable items to any covered
facility, or servicing of any such item located in
a country of concern, requires a license issued by the United
States or an allied supplier country, with a policy of
denying such license.
\(f\) Termination and Reimposition of Controls Upon Allied
Action.—
\(1\) Termination or modification.—The Secretary of
Commerce, in consultation with the Secretary of State, may
terminate or modify any control imposed under subsection
\(d\)\(3\) for items exported from an allied supplier country, if
the country has established controls, including licensing
policies, that have the same practical effect as those
described in subsection \(c\)\(1\).
\(2\) Reimposition.—If, after terminating or modifying a
control under paragraph \(1\), the covered agency heads
determine that the allied supplier country has materially
weakened, suspended, or revoked the control that justified
the termination or modification under paragraph \(1\), the
Secretary of Commerce shall, in consultation with the
Secretary of State and not later than 60 days after making
such determination—
\(A\) notify the appropriate congressional committees of such
determination; and
\(B\) reimpose the control under subsection \(d\)\(3\) that was
terminated or modified under paragraph \(1\).
\(g\) Rule of Construction.—Nothing in this Act may be
construed as diminishing or superseding the authority of the
Secretary of Commerce to control the export, reexport, or in-
country transfer of items under the Export Control Reform Act
of 2018 \(50 U.S.C. 4801 et seq.\).
\(h\) Definitions.—In this section:
\(1\) Advanced-node integrated circuits.—The term
“advanced-node integrated circuits” has the meaning given
that term in section 772.1 of the Export Administration
Regulations.
\(2\) Allied supplier country.—The term “allied supplier
country” means any country that—
\(A\) is not a country of concern; and
\(B\) is engaged in the production of covered semiconductor
manufacturing equipment.
\(3\) Applicable item.—The term “applicable item” means
any item that is or can be made subject to the Export
Administration Regulations, including—
\(A\) a United States-origin item;
\(B\) a foreign-produced item that is the direct product of,
or produced by plants or major components that are the direct
product of, United States-origin software or technology
subject to the Export Administration Regulations;
\(C\) a foreign-produced item with more than zero percent de
minimis United States-origin content; and
\(D\) a foreign-produced item that contain United States-
origin or foreign-produced integrated circuits that are
presumptively designed or produced, directly or indirectly,
with technology, software, or equipment that is subject to
the Export Administration Regulations.
\(4\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(5\) Capabilities comparable to those of the product sold by
the global market leader.—The term “capabilities comparable
to those of the product sold by the global market leader”
means, considering cost, throughput, reliability, precision,
and any other relevant factors, advanced-node integrated
circuit makers headquartered outside of countries of concern,
when selecting a tool for use in high-volume manufacturing,
would be indifferent about using, or would prefer to use, the
tool produced by the country of concern, rather than a tool
sold by the company with the greatest share of the global
market for tools used to accomplish the same function.
\(6\) Country of concern.—The term “country of concern”
has the meaning given the term “covered nation” in section
4872\(f\) of title 10, United States Code.
\(7\) Countrywide controls.—The term “countrywide
controls” means licensing requirements, with a policy of
denying any such license, for the export, reexport, in-
country transfer, or servicing of specified items to any
destination within a country of concern, excluding exports
where the destination is a fabrication facility that existed
as of the date of the enactment of this Act and remains owned
and operated by a company headquartered, and the ultimate
parent company of which is headquartered, outside of any
country of concern.
\(8\) Covered agency heads.—The term “covered agency
heads” means the Secretary of Commerce, acting through the
Under Secretary of Commerce for Industry and Security, and
the Secretary of State.
\(9\) Covered facility.—The term “covered facility”
means—
\(A\) a facility engaged in the production of advanced-node
integrated circuits which is owned or operated by an entity
headquartered in, or whose ultimate parent company is
headquartered in, a country of concern; or
\(B\) any facility owned or operated by, or in common
ownership or control with—
\(i\) any entity referenced in subparagraphs \(A\) or \(B\) of
section 5949\(j\)\(3\) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 \(Public Law 117-263;
41 U.S.C. 4713 note\);
\(ii\) Hua Hong Semiconductor Limited;
\(iii\) Huawei Technologies Company;
\(iv\) any producer, manufacturer, or developer of
semiconductor manufacturing equipment that is headquartered
in, or the ultimate parent company of which is headquartered
in, a country of concern; or
\(v\) any entity that is a subsidiary, affiliate, or
successor to, or has a joint venture, teaming agreement,
joint development or research agreement, technology transfer
or collaboration agreement, or other similar type of
arrangement with an entity described in any of clauses \(i\)
through \(iv\).
\(10\) Covered semiconductor manufacturing equipment.—The
term “covered semiconductor manufacturing equipment”—
\(A\) means semiconductor manufacturing equipment or a
component therefor that—
\(i\) is an applicable item; and
\(ii\) the covered agency heads determine no country of
concern produces in sufficient volumes and with capabilities
comparable to those of the product sold by the global market
leader, as of the date of the enactment of this Act; and
\(B\) includes, at a minimum—
\(i\) all semiconductor manufacturing equipment, materials,
and software that, as of the date of the enactment of this
Act, require a license for the export, reexport, or in-
country transfer to any destination in a country of concern;
\(ii\) all deep ultraviolet immersion photolithography
machines, through silicon via deposition and etch tools,
cryogenic etch equipment, and cobalt deposition equipment;
and
\(iii\) all semiconductor manufacturing equipment or
components specified in Export Control Classification Number
3B993 \(as in effect on the date of the enactment of this Act\)
except any item the covered agency heads determine do not
meet the requirements of subparagraph \(A\).
\(11\) Export; in-country transfer; reexport; export
administration regulation.—The terms “export”, “in-
country transfer”, “reexport”, and “Export Administration
Regulations” have the meanings given such terms in section
1742 of the Export Control Reform Act of 2018 \(50 U.S.C.
4801\).
\(12\) In sufficient volumes.—The term “in sufficient
volumes” means in volumes sufficient to meet 75 percent of
current demand from all countries of concern.
\(13\) Servicing.—The term “servicing” means any servicing
of equipment or components, whether in-person or remote,
including installation, calibration, repair, overhauling,
refurbishing, testing, diagnosing, updating software or
firmware, training, field services, application support
engineering, customization, technical assistance, process
adjustments, troubleshooting, and transfer of industry best
practices for maintenance.
SA 6401. Mr. WELCH \(for himself, Mr. Durbin, and Mr. Bennet\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 1224\(a\), strike paragraph \(1\) and insert the
following:
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State and the Secretary of
Commerce, shall seek to engage with relevant stakeholders in
Ukraine to establish a United States-Ukraine Strategic
Defense Innovation Working Group \(referred to in this section
as the “Working Group”\) to explore—
At the end of section 1224\(d\)\(2\)\(B\), add the following:
\(viii\) A description of non-regulatory opportunities to
fast-track agency processing procedures to accelerate export
of United States Munitions List-listed military explosives
and Commerce Control List-listed dual-use precursors,
manufacturing equipment, and components for production of
covered systems in Ukraine.
SA 6402. Mr. WELCH \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title X, add the following:
SEC. 1006. PROHIBITION AGAINST USING DEPARTMENT OF DEFENSE
FUNDING TO SUPPORT DOMESTIC IMMIGRATION
ENFORCEMENT OPERATIONS.
No amounts appropriated or otherwise made available to the
Department of Defense may be used to enter into any new
contract or agreement or to renew any existing contract or
agreement if the primary purpose of such contract or
agreement is expeditionary logistics, contingency
contracting, base operations support, theater opening or
sustainment contracting, or operational contract support, for
the purpose of supporting
domestic immigration enforcement operations of the Department
of Homeland Security.
SA 6403. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . CLASSIFIED BRIEFING AND REPORT ON
COUNTERINTELLIGENCE THREATS POSED BY GOVERNMENT
OF ISRAEL.
\(a\) In General.—Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Director of National Intelligence,
provide to all members of Congress and appropriately cleared
staff of members and committees of Congress a classified
briefing, and submit to Congress and such members and
committees a classified report, on counterintelligence
threats posed by the Government of Israel.
\(b\) Elements.—The briefing and the report required by
subsection \(a\) shall address the scope, intensity, and trends
of espionage by the Government of Israel directed against—
\(1\) United States companies doing business with the
Department of Defense and the intelligence community \(as
defined in section 3 of the National Security Act of 1947 \(50
U.S.C. 3003\)\), including attendant risks to sensitive defense
and intelligence-related intellectual property and
proprietary corporate information;
\(2\) members and staff of Congress; and
\(3\) officials and agencies of the United States Government,
including senior officials of the executive branch of the
Federal Government engaged in sensitive negotiations with
countries in the Middle East.
SA 6404. Mr. WELCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 1217, add the following:
\(c\) Effective Date.—This section shall take effect upon
certification by the Secretary of Defense, in collaboration
with the Secretary of State and the Director of National
Intelligence, that the military and security forces of the
Government of Israel have not, during the three years
preceding the date of the enactment of this Act, engaged in
wanton destruction of civilian infrastructure, crimes against
humanity, or ethnic cleansing in Lebanon, Gaza, the West
Bank, or any other geographic area that came under the
administration of the Government of Israel after June 5,
1967.
SA 6405. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . PENTAGON PRESS ACCESS.
Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall—
\(1\) restore to the press access to areas of the Pentagon
that were accessible to the press on May 22, 2025, including
the “Correspondence Corridor” and other designated press
working spaces;
\(2\) restore to the press unescorted access to relevant
areas of the Pentagon that were accessible without an escort
on May 22, 2025;
\(3\) require the Pentagon Force Protection Agency to lead
the process to manage press credentials; and
\(4\) prohibit any changes to press access at the Pentagon,
including the designation of press work spaces, access areas,
and press credentials, without prior consultation with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.
SA 6406. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. COUNTER-PRC THREATS TO GLOBAL FREEDOM OF
EXPRESSION.
\(a\) Defined Term.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
\(b\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of State, acting
through the Assistant Secretary of State for Democracy, Human
Rights, and Labor, shall submit a report to the appropriate
congressional committees that describes the Department of
State's strategy for countering the People's Republic of
China's threats to global freedom of expression.
\(c\) Elements.—The strategy required under subsection \(b\)
shall include—
\(1\) specific measurable goals to counter the People's
Republic of China's threats to global freedom of expression;
\(2\) a list of measures for how progress will be tracked
with respect to meeting each goal of such strategy;
\(3\) the role and responsibilities of each relevant office,
including the respective office's programmatic work in
individual countries, in countering the People's Republic of
China's threats to digital freedom and executing such
strategy, including through the use of foreign assistance;
\(4\) a description of how the Department of State will
routinely consult with relevant civil society organizations
and stakeholders; and
\(5\) a description of any barriers to implementing such
strategy.
\(d\) Form of Report.—Each report required under this
section shall be submitted in unclassified form, but may
include a classified annex.
SA 6407. Mr. HEINRICH \(for himself and Mr. Tillis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E—RECOVERING AMERICA'S WILDLIFE ACT OF 2026
SEC. 5001. SHORT TITLE.
This division may be cited as the “Recovering America's
Wildlife Act of 2026”.
SEC. 5002. STATEMENT OF PURPOSE.
The purpose of this division is to extend financial and
technical assistance to States, territories, the District of
Columbia, and Indian Tribes, including under the Pittman-
Robertson Wildlife Restoration Act \(16 U.S.C. 669 et seq.\),
for the purpose of avoiding the need to list species, or
recovering species currently listed as a threatened species
or an endangered species, under the Endangered Species Act of
1973 \(16 U.S.C. 1531 et seq.\) or under State law.
TITLE I—WILDLIFE CONSERVATION AND RESTORATION
SEC. 5101. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.
\(a\) In General.—Section 3 of the Pittman-Robertson
Wildlife Restoration Act \(16 U.S.C. 669b\) is amended in
subsection \(c\)—
\(1\) by redesignating paragraphs \(2\) and \(3\) as paragraphs
\(9\) and \(10\); and
\(2\) by striking paragraph \(1\) and inserting the following:
“\(1\) Establishment of subaccount.—
“\(A\) In general.—There is established in the fund a
subaccount to be known as the \`Wildlife Conservation and
Restoration Subaccount' \(referred to in this section as the
\`Subaccount'\).
“\(B\) Availability.—Amounts in the Subaccount shall be
available without further appropriation, for each fiscal
year, for apportionment in accordance with this Act.
“\(C\) Deposits into subaccount.—The Secretary of the
Treasury shall transfer from the general fund of the Treasury
to the Subaccount—
“\(i\) for fiscal year 2028, $100,000,000;
“\(ii\) for fiscal year 2029, $300,000,000;
“\(iii\) for fiscal year 2030, $500,000,000;
“\(iv\) for fiscal year 2031, $700,000,000;
“\(v\) for fiscal year 2032, $900,000,000;
“\(vi\) for fiscal year 2033, $1,100,000,000; and
“\(vii\) for fiscal year 2034, and each fiscal year
thereafter, $1,300,000,000.
“\(2\) Supplement not supplant.—Amounts transferred to the
Subaccount shall supplement, but not replace, existing funds
available to the States from—
“\(A\) the funds distributed pursuant to the Dingell-Johnson
Sport Fish Restoration Act \(16 U.S.C. 777 et seq.\); and
“\(B\) the fund.
“\(3\) Innovation grants.—
“\(A\) In general.—Beginning in fiscal year 2028, the
Secretary shall distribute 10 percent of funds apportioned
from the Subaccount through a competitive grant program to
State fish and wildlife departments, the District of Columbia
fish and wildlife department, fish and wildlife departments
of territories, or to regional associations of fish and
wildlife departments \(or any group composed of more than 1
such entity\).
“\(B\) Purpose.—Such grants shall be provided for the
purpose of catalyzing innovation of techniques, tools,
strategies, or collaborative partnerships that accelerate,
expand, or replicate effective and measurable recovery
efforts for species of greatest conservation need and species
listed under the Endangered Species Act of 1973 \(16 U.S.C.
1531 et seq.\) and the habitats of such species.
“\(C\) Review committee.—The Secretary shall appoint a
review committee comprised of—
“\(i\) a State Director from each regional association of
State fish and wildlife departments;
“\(ii\) the head of a department responsible for fish and
wildlife management in a territory;
“\(iii\) one delegate from the United States Fish and
Wildlife Service, for the purpose of providing technical
assistance; and
“\(iv\) beginning in fiscal year 2028, four individuals
representing four different nonprofit organizations each of
which is actively participating in carrying out wildlife
conservation restoration activities using funds apportioned
from the Subaccount.
“\(D\) Support from united states fish and wildlife
service.—Using not more than 3 percent of the amounts
apportioned under subparagraph \(A\) to carry out a competitive
grant program, the United States Fish and Wildlife Service
shall provide any personnel or administrative support
services necessary for such committee to carry out its
responsibilities under this Act.
“\(E\) Evaluation.—Such committee shall evaluate each
proposal submitted under this paragraph and recommend
projects for funding, giving preference to solutions that
accelerate the recovery of species identified as priorities
through regional scientific assessments of species of
greatest conservation need.
“\(4\) Use of funds.—Funds apportioned from the Subaccount
shall be used for purposes consistent with section 5002 of
the Recovering America's Wildlife Act of 2026 and—
“\(A\) shall be used to implement the Wildlife Conservation
Strategy of a State, territory, or the District of Columbia,
as required under section 4\(e\), by carrying out, revising, or
enhancing existing wildlife and habitat conservation and
restoration programs and developing and implementing new
wildlife conservation and restoration programs to recover and
manage species of greatest conservation need and the key
habitats and plant community types essential to the
conservation of those species, as determined by the
appropriate State fish and wildlife department;
“\(B\) shall be used to develop, revise, and enhance the
Wildlife Conservation Strategy of a State, territory, or the
District of Columbia, as may be required by this Act;
“\(C\) shall be used to assist in the recovery of species
found in the State, territory, or the District of Columbia
that are listed as endangered species, threatened species,
candidate species or species proposed for listing, or species
petitioned for listing under the Endangered Species Act of
1973 \(16 U.S.C. 1531 et seq.\) or under State law;
“\(D\) may be used for wildlife conservation education and
wildlife-associated recreation projects;
“\(E\) may be used to manage a species of greatest
conservation need whose range is shared with another State,
territory, Indian Tribe, or foreign government and for the
conservation of the habitat of such species;
“\(F\) may be used to manage, control, and prevent invasive
species, disease, and other risks to species of greatest
conservation need; and
“\(G\) may be used for law enforcement activities that are
directly related to the protection and conservation of a
species of greatest conservation need and the habitat of such
species.
“\(5\) Minimum required spending for endangered species
recovery.—Not less than an average of 15 percent over a 5-
year period of amounts apportioned to a State, territory, or
the District of Columbia from the Subaccount shall be used
for purposes described in paragraph \(4\)\(C\). The Secretary may
reduce the minimum requirement of a State, territory, or the
District of Columbia on an annual basis if the Secretary
determines that the State, territory, or the District of
Columbia is meeting the conservation and recovery needs of
all species described in paragraph \(4\)\(C\).
“\(6\) Public access to private lands not required.—Funds
apportioned from the Subaccount shall not be conditioned upon
the provision of public access to private lands, waters, or
holdings.
“\(7\) Requirements for matching funds.—
“\(A\) For the purposes of the non-Federal fund matching
requirement for a wildlife conservation or restoration
program or project funded by the Subaccount, a State,
territory, or the District of Columbia may use as matching
non-Federal funds—
“\(i\) funds from Federal agencies other than the Department
of the Interior and the Department of Agriculture;
“\(ii\) donated private lands and waters, including
privately owned easements;
“\(iii\) in circumstances described in subparagraph \(B\),
revenue generated through the sale of State hunting and
fishing licenses; and
“\(iv\) other sources consistent with part 80 of title 50,
Code of Federal Regulations, in effect on the date of
enactment of the Recovering America's Wildlife Act of 2026.
“\(B\) Revenue described in subparagraph \(A\)\(iii\) may only
be used to fulfill the requirements of such non-Federal fund
matching requirement if—
“\(i\) no Federal funds apportioned to the State fish and
wildlife department of such State from the Wildlife
Restoration Program or the Sport Fish Restoration Program
have been reverted because of a failure to fulfill such non-
Federal fund matching requirement by such State during the
previous 2 years; and
“\(ii\) the project or program being funded benefits the
habitat of a hunted or fished species and a species of
greatest conservation need.
“\(8\) Definitions.—In this subsection, the following
definitions apply:
“\(A\) Partnerships.—The term \`partnerships' may include
collaborative efforts with Federal agencies, State agencies,
local agencies, Indian Tribes, nonprofit organizations,
academic institutions, industry groups, and private
individuals to implement a State's Wildlife Conservation
Strategy.
“\(B\) Species of greatest conservation need.—The term
\`species of greatest conservation need' may be any species or
subspecies, including terrestrial, semiaquatic, aquatic,
marine, and invertebrate species that are of low population,
declining, rare, or facing threats and in need of
conservation attention, as determined by each State fish and
wildlife department, with respect to funds apportioned to
such State.
“\(C\) Territory and territories.—The terms \`territory' and
\`territories' mean the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of the Northern Mariana
Islands, and the United States Virgin Islands.
“\(D\) Wildlife.—The term \`wildlife' means any species of
wild, freeranging fauna, including fish, and also fauna in
captive breeding programs the object of which is to
reintroduce individuals of a depleted indigenous species into
previously occupied range.”.
\(b\) Allocation and Apportionment of Available Amounts.—
Section 4 of the Pittman-Robertson Wildlife Restoration Act
\(16 U.S.C. 669c\) is amended—
\(1\) in subsection \(d\)—
\(A\) in paragraph \(1\)—
\(i\) in subparagraph \(A\), by striking “to the District of
Columbia and to the Commonwealth of Puerto Rico, each” and
inserting “To the District of Columbia”;
\(ii\) in subparagraph \(B\)—
\(I\) by striking “to Guam” and inserting “To Guam”; and
\(II\) by striking “not more than one-fourth of one
percent” and inserting “not less than one-third of one
percent”; and
\(iii\) by adding at the end the following:
“\(C\) To the Commonwealth of Puerto Rico, a sum equal to
not less than 1 percent thereof.”;
\(B\) in paragraph \(2\)\(A\)—
\(i\) by amending clause \(i\) to read as follows:
“\(i\) one-half of which is based on the ratio to which the
land and water area of such State bears to the total land and
water area of all such States;”;
\(ii\) in clause \(ii\)—
\(I\) by striking “two-thirds” and inserting “one-
quarter”; and
\(II\) by striking the period and inserting “; and”; and
\(iii\) by adding at the end the following:
“\(iii\) one-quarter of which is based upon the ratio to
which the number of species listed as endangered or
threatened under the Endangered Species Act of 1973 \(16
U.S.C. 1531 et seq.\) in such State bears to the total number
of such species listed in all such States.”;
\(C\) by amending paragraph \(2\)\(B\) to read as follows:
“\(B\) The amounts apportioned under this paragraph shall be
adjusted equitably so that no such State, unless otherwise
designated, shall be apportioned a sum which is less than 1
percent or more than 5 percent of the amount available for
apportionment under—
“\(i\) subparagraph \(A\)\(i\);
“\(ii\) subparagraph \(A\)\(ii\); and
“\(iii\) the overall amount available for subparagraph
\(A\).”; and
\(D\) in paragraph \(3\), by striking “3 percent” and
inserting “1.85 percent”;
\(2\) in subsection \(e\)\(4\)—
\(A\) by amending subparagraph \(B\) to read as follows:
“\(B\) Not more than an average of 15 percent over a 5-year
period of amounts apportioned to each State, territory, or
the District of Columbia under this section for a wildlife
conservation and restoration program may be used for wildlife
conservation education and wildlife-associated recreation.”;
and
\(B\) by inserting after subparagraph \(B\), as so amended, the
following:
“\(C\) 5 percent of amounts apportioned to each State, each
territory, or the District of Columbia under this section for
a wildlife conservation and restoration program shall be
reserved for States and territories that include plants among
their species of greatest conservation need and in the
conservation planning and habitat prioritization efforts of
their Wildlife Conservation Strategy. Each eligible State,
territory, or the District of Columbia shall receive an
additional 5 percent of their apportioned amount. Any
unallocated resources shall be allocated proportionally among
all States and territories under the formulas of this
section.”; and
\(3\) by adding at the end following:
“\(f\) Minimization of Planning and Reporting.—Nothing in
this Act shall be interpreted to require a State to create a
comprehensive strategy related to conservation education or
outdoor recreation.
“\(g\) Accountability.—
“\(1\) In general.—Not more than one year after the date of
enactment of the Recovering America's Wildlife Act of 2026
and every 3 years thereafter, each State fish and wildlife
department shall submit a 3-year work plan and budget for
implementing its Wildlife Conservation Strategy and a report
describing the results derived from activities accomplished
under subsection \(e\) during the previous 3 years to the
United States Fish and Wildlife Service for review, which
shall summarize such findings and submit a report to—
“\(A\) the Committee on Environment and Public Works of the
Senate; and
“\(B\) the Committee on Natural Resources of the House of
Representatives.
“\(2\) Requirements.—The format of the 3-year work plans,
budgets, and reports required under paragraph \(1\) shall be
established by the United States Fish and Wildlife Service,
in consultation with the Association of Fish and Wildlife
Agencies.
“\(3\) Gao study.—Not later than 7 years after the date of
enactment of the Recovering America's Wildlife Act of 2026,
the Comptroller General of the United States shall conduct a
study to examine the progress of States, territories, the
District of Columbia, and Indian Tribes towards achieving the
purpose described in section 5002 of that Act.”.
SEC. 5102. TECHNICAL AMENDMENTS.
\(a\) Definitions.—Section 2 of the Pittman-Robertson
Wildlife Restoration Act \(16 U.S.C. 669a\) is amended—
\(1\) in paragraph \(7\), by striking “including fish,”; and
\(2\) in paragraph \(9\), by inserting “Indian Tribes,
academic institutions,” before “wildlife conservation
organizations”.
\(b\) Conforming Amendments.—The Pittman-Robertson Wildlife
Restoration Act \(16 U.S.C. 669 et seq.\) is amended—
\(1\) in section 3—
\(A\) in subsection \(a\)—
\(i\) by striking “\(1\) An amount equal to” and inserting
“An amount equal to”; and
\(ii\) by striking paragraph \(2\);
\(B\) in subsection \(c\)—
\(i\) in paragraph \(9\), as redesignated by section 101\(a\)\(1\),
by striking “or an Indian tribe”; and
\(ii\) in paragraph \(10\), as redesignated by section
101\(a\)\(1\), by striking “Wildlife Conservation and
Restoration Account” and inserting “Subaccount”; and
\(C\) in subsection \(d\), by striking “Wildlife Conservation
and Restoration Account” and inserting “Subaccount”;
\(2\) in section 4 \(16 U.S.C. 669c\)—
\(A\) in subsection \(d\)—
\(i\) in the heading, by striking “Account” and inserting
“Subaccount”; and
\(ii\) by striking “Account” each place it appears and
inserting “Subaccount”; and
\(B\) in subsection \(e\)\(1\), by striking “Account” and
inserting “Subaccount”; and
\(3\) in section 8 \(16 U.S.C. 669g\), in subsection \(a\), by
striking “Account” and inserting “Subaccount”.
SEC. 5103. SAVINGS CLAUSE.
The Pittman-Robertson Wildlife Restoration Act \(16 U.S.C.
669 et seq.\) is amended—
\(1\) by redesignating section 14 as section 16; and
\(2\) by inserting after section 13 the following:
“SEC. 14. SAVINGS CLAUSE.
“Nothing in this Act shall be construed to enlarge or
diminish the authority, jurisdiction, or responsibility of a
State to manage, control, or regulate fish and wildlife under
the law and regulations of the State on lands and waters
within the State, including on Federal lands and waters.
“SEC. 15. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.
“If any conflict arises between any provision of this Act
and any provision of the Alaska National Interest Lands
Conservation Act \(16 U.S.C. 3101 et seq.\) or the Alaska
Native Claims Settlement Act \(43 U.S.C. 1601 et seq.\), then
the provision in the Alaska National Interest Lands
Conservation Act or the Alaska Native Claims Settlement Act
shall prevail.”.
TITLE II—TRIBAL WILDLIFE CONSERVATION AND RESTORATION
SEC. 5201. INDIAN TRIBES.
\(a\) Definitions.—In this section:
\(1\) Account.—The term “Account” means the Tribal
Wildlife Conservation and Restoration Account established by
subsection \(b\)\(1\).
\(2\) Indian tribe.—The term “Indian Tribe” has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act \(25 U.S.C. 5304\).
\(3\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(4\) Tribal species of greatest conservation need.—The term
“Tribal species of greatest conservation need” means any
species identified by an Indian Tribe as requiring
conservation management because of declining population,
habitat loss, or other threats, or because of their
biological or cultural importance to such Tribe.
\(5\) Wildlife.—The term “wildlife” means—
\(A\) any species of wild flora or fauna including fish and
marine mammals;
\(B\) flora or fauna in a captive breeding, rehabilitation,
and holding or quarantine program, the object of which is to
reintroduce individuals of a depleted indigenous species into
previously occupied range or to maintain a species for
conservation purposes; and
\(C\) does not include game farm animals.
\(b\) Tribal Wildlife Conservation and Restoration Account.—
\(1\) In general.—There is established in the Treasury an
account to be known as the “Tribal Wildlife Conservation and
Restoration Account”.
\(2\) Availability.—Amounts in the Account shall be
available for each fiscal year without further appropriation
for apportionment in accordance with this title.
\(3\) Deposits into account.—Beginning in fiscal year 2028,
and for each fiscal year thereafter, the Secretary of the
Treasury shall transfer $97,500,000 from the general fund of
the Treasury to the Account.
\(c\) Distribution of Funds to Indian Tribes.—Each fiscal
year, the Secretary of the Treasury shall deposit funds into
the Account and distribute such funds through a
noncompetitive application process according to guidelines
and criteria, and reporting requirements determined by the
Secretary of the Interior, acting through the Director of the
Bureau of Indian Affairs, in consultation with Indian Tribes.
Such funds shall remain available until expended.
\(d\) Wildlife Management Responsibilities.—The distribution
guidelines and criteria described in subsection \(c\) shall be
based, in part, upon an Indian Tribe's wildlife management
responsibilities. Any funding allocated to an Indian Tribe in
Alaska may only be used in a manner consistent with the
Alaska Native Claims Settlement Act \(43 U.S.C. 1601 et seq.\),
the Alaska National Interest Lands Conservation Act \(16
U.S.C. 3101 et seq.\), and Public Law 85-508 \(commonly known
as the “Alaska Statehood Act”\) \(48 U.S.C. note prec. 21\).
Alaska Native Corporations or Tribes may enter into
cooperative agreements with the State of Alaska on
conservation projects of mutual concern.
\(e\) Use of Funds.—
\(1\) In general.—Except as provided in paragraph \(2\), the
Secretary may distribute funds from the Account to an Indian
Tribe for any of the following purposes:
\(A\) To develop, carry out, revise, or enhance wildlife
conservation and restoration programs to manage Tribal
species of greatest conservation need and the habitats of
such species, as determined by the Indian Tribe.
\(B\) To assist in the recovery of species listed as an
endangered or threatened species under the Endangered Species
Act of 1973 \(16 U.S.C. 1531 et seq.\).
\(C\) For wildlife conservation education and wildlife-
associated recreation projects.
\(D\) To manage a Tribal species of greatest conservation
need and the habitat of such species, the range of which may
be shared with a foreign country, State, or other Indian
Tribe.
\(E\) To manage, control, and prevent invasive species as
well as diseases and other risks to wildlife.
\(F\) For law enforcement activities that are directly
related to the protection and conservation of wildlife.
\(G\) To develop, revise, and implement comprehensive
wildlife conservation strategies and plans for such Tribe.
\(H\) For the hiring and training of wildlife conservation
and restoration program staff.
\(2\) Conditions on the use of funds.—
\(A\) Required use of funds.—In order to be eligible to
receive funds under subsection \(c\), a Tribe's application
must include a proposal to use funds for at least one of the
purposes described in subparagraphs \(A\) and \(B\) of paragraph
\(1\).
\(B\) Imperiled species recovery.—In distributing funds
under this section, the Secretary shall distribute not less
than 15 percent of the total funds distributed to proposals
to fund the recovery of a species, subspecies, or distinct
population segment listed as a threatened species, endangered
species, or candidate species under the Endangered Species
Act of 1973 \(16 U.S.C. 1531 et seq.\) or Tribal law.
\(C\) Limitation.—In distributing funds under this section,
the Secretary shall distribute not more than 15 percent of
all funds distributed under this section for the purpose
described in paragraph \(1\)\(C\).
\(f\) No Matching Funds Required.—No Indian Tribe shall be
required to provide matching funds to be eligible to receive
funds under this section.
\(g\) Public Access Not Required.—Funds apportioned from the
Tribal Wildlife Conservation and Restoration Account shall
not be conditioned upon the provision of public or non-Tribal
access to Tribal or private lands, waters, or holdings.
\(h\) Administrative Costs.—Of the funds deposited under
subsection \(b\)\(3\) for each fiscal year, not more than 3
percent shall be used by the Secretary for administrative
costs.
\(i\) Savings Clause.—Nothing in this section shall be
construed as modifying or abrogating a treaty with any Indian
Tribe, or as enlarging or diminishing the authority,
jurisdiction, or responsibility of an Indian Tribe to manage,
control, or regulate wildlife.
\(j\) Statutory Construction With Respect to Alaska.—If any
conflict arises between any provision of this section and any
provision of the Alaska National Interest Lands Conservation
Act \(16 U.S.C. 3101 et seq.\) or the Alaska Native Claims
Settlement Act \(43 U.S.C. 1601 et seq.\), then the provision
in the
Alaska National Interest Lands Conservation Act or the Alaska
Native Claims Settlement Act shall prevail.
SA 6408. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. . PREVENTING FIREFIGHTER OCCUPATIONAL ILLNESS AND
INJURY BY EXPANDING THE AVAILABILITY OF NEXT-
GENERATION TURNOUT GEAR.
\(a\) Definitions.—In this section:
\(1\) Eligible entity.—The term “eligible entity” means a
nonprofit organization, institution of higher education,
national fire service organization, or national fire safety
organization, as determined by the Secretary, with experience
in not fewer than 3 of the following:
\(A\) Conducting research on issues related to cancer and
other occupational illnesses among firefighters.
\(B\) Educating firefighters and other users of turnout gear
on safe use, cleaning, and decontamination of turnout gear.
\(C\) Educating firefighters on matters related to physical
health, safety, and wellness.
\(D\) Experience collaborating with other national nonprofit
organizations to support research on firefighter safety and
health.
\(E\) Demonstrated ability to collaborate with researchers on
matters related to firefighter health and safety.
\(F\) Representing membership comprised of structural,
wildfire, and aircraft firefighters and supervisors.
\(2\) Moisture barrier materials.—The term “moisture
barrier material” means the component of turnout gear that
principally prevents the transfer of hazardous liquids,
including hot liquids, fireground chemicals, and infectious
fluids, and contributes to the overall thermal insulation of
the firefighter without imposing undue burdens or otherwise
compromising the performance of turnout gear.
\(3\) PFAS.—The term “PFAS” means per- and polyfluoroalkyl
substances that contain at least one fully fluorinated carbon
atom or any other substance the Secretary determines
appropriate.
\(4\) Secretary.—The term “Secretary” means the Secretary
of Health and Human Services.
\(5\) Turnout gear.—The term “turnout gear” means
protective clothing worn as a main source of protection for
firefighters and emergency medical services personnel during
firefighting and post-fire operations to minimize exposure to
hazards that cause serious injuries and illnesses that may
result from contact with thermal, physical, chemical,
biological, or other workplace hazards. Turnout gear—
\(A\) includes protective clothing designed to protect
firefighters performing structural firefighting, proximity
firefighting, wildland firefighting, and urban interface
firefighting; and
\(B\) may also include other personal protective equipment
referred to in section 33\(c\)\(3\)\(I\)\(i\) of the Federal Fire
Prevention and Control Act of 1974 \(15 U.S.C.
2229\(c\)\(3\)\(I\)\(i\)\).
\(b\) Research Programs.—
\(1\) In general.—Subject to the availability of
appropriations, not later than 180 days after the date of the
enactment of this Act, the Secretary of Health and Human
Services, acting through the Director of the National
Institute for Occupational Safety and Health, in consultation
with the heads of other Federal agencies as appropriate,
shall establish a program to award grants to eligible
entities to support research, development, and testing of
next-generation turnout gear and associated materials.
\(2\) Requirements.—
\(A\) PFAS-free components.—Grants awarded under this
subsection shall support the research, development, and
testing of materials to design and produce PFAS-free turnout
gear.
\(B\) Partnership.—The Secretary shall require that
applications for grants under this subsection include a
description of how the eligible entity will partner with
organizations in, and relevant to, the firefighting industry,
including organizations that directly represent members who
serve in nonmanagerial firefighting roles, and how such
partnership will help move the results of research,
development, and testing described in subparagraph \(A\) into
practice, including guidance and training for first
responders and others who regularly use turnout gear.
\(3\) Considerations.—In making awards under this
subsection, the Secretary may consider the extent to which
the activities proposed support the research, development,
and testing described in subparagraph \(A\) that is likely to
prevent occupational illness and injury for firefighters,
including innovations that provide the following:
\(A\) Enhanced protection against primary and secondary
exposure to particulates and byproducts of combustion.
\(B\) Reduced maintenance that includes contamination
resistance and greater ease of cleaning or visible warning
indicators to alert firefighters to hazardous exposures or
the need for decontamination.
\(C\) Consideration of body composition in development of
prototypes and other products.
\(4\) Authorization of appropriations.—There are authorized
to be appropriated $25,000,000 for each of fiscal years 2027
through fiscal year 2031 to carry out this subsection.
\(c\) Training Programs.—
\(1\) In general.—Subject to the availability of
appropriations, the Secretary, beginning in fiscal year 2028,
shall award grants to, or enter into contracts or cooperative
agreements with, eligible entities, as determined by the
Secretary, to develop and disseminate guidance and training
for firefighters and other first responders on best practices
for reducing potentially harmful exposures by safely wearing,
decontaminating, and caring for turnout gear developed in
accordance with subsection \(b\).
\(2\) Authorization of appropriations.—There are authorized
to be appropriated $2,000,000 for each of fiscal years 2028
through fiscal year 2032 to carry out this subsection.
\(d\) Report.—Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report describing the progress made in achieving the goals
under subsections \(b\) and \(c\).
SA 6409. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. 7. PROHIBITION ON AND REVERSAL OF ACTIONS TO MODIFY
SCOPE OF MEDICAL SERVICES PROVIDED AT CERTAIN
MILITARY MEDICAL TREATMENT FACILITIES.
\(a\) Prohibition.—The Secretary of Defense may not take any
action to carry out a service change described in subsection
\(c\).
\(b\) Reversal and Restoration.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of
Defense shall carry out the following actions:
\(1\) Reverse any steps taken to carry out a service change
described in subsection \(c\).
\(2\) Restore personnel and clinical services affected by any
such service change to the level existing as of March 3, 2026
\(unless such level is otherwise modified by a provision of
law enacted on or after such date\).
\(c\) Service Change Described.—A service change described
in this subsection is a service change specified in the
notification of service changes submitted by the Under
Secretary of Defense for Personnel and Readiness to the
Committees on Armed Services of the House of Representatives
and the Senate on March 4, 2026, pursuant to section 1073d\(f\)
of title 10, United States Code, including the following:
\(1\) Eisenhower army medical center, fort gordon, georgia.—
With respect to the Eisenhower Army Medical Center, Fort
Gordon, Georgia—
\(A\) converting the military medical treatment facility from
an inpatient hospital to an outpatient ambulatory care
center;
\(B\) discontinuing inpatient, operating, and emergency room
services; and
\(C\) realigning medical manpower to other military medical
treatment facilities.
\(2\) 88th medical group, wright-patterson air force base,
ohio.—With respect to the 88th Medical Group, Wright-
Patterson Air Force Base, Ohio—
\(A\) converting the military medical treatment facility from
an inpatient hospital to an outpatient ambulatory care center
with surgical capabilities;
\(B\) discontinuing inpatient, operating, and emergency room
services;
\(C\) realigning medical manpower to other military medical
treatment facilities;
\(D\) closing pediatric cardiology services; and
\(E\) discontinuing contracts for chiropractic services.
\(3\) Naval hospital beaufort, south carolina.—With respect
to the Naval Hospital Beaufort, South Carolina—
\(A\) converting the military medical treatment facility from
an inpatient hospital to an outpatient ambulatory care
center;
\(B\) discontinuing inpatient, operating, and emergency room
services;
\(C\) realigning medical manpower to other military medical
treatment facilities; and
\(D\) discontinuing contracts for chiropractic services.
\(4\) 22d medical group, mcconnell air force base, kansas.—
With respect to the 22d Medical Group, McConnell Air Force
Base, Kansas, limiting access to the military medical
treatment facility only to members of the Armed Forces
serving on active duty and the dependents of such members.
\(5\) 19th medical group, little rock air force base,
arkansas.—With respect to the 19th Medical Group, Little
Rock Air Force Base, Arkansas—
\(A\) limiting access to the military medical treatment
facility only to members of the Armed Forces serving on
active duty and the dependents of such members; and
\(B\) discontinuing contracts for nutrition services.
\(6\) 341st medical group, malmstrom air force base,
montana.—With respect to the 341st Medical Group, Malmstrom
Air Force Base, Montana, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(7\) 28th medical group, ellsworth air force base, south
dakota.—With respect to the 28th Medical Group, Ellsworth
Air Force Base, South Dakota, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(8\) 92d medical group, fairchild air force base,
washington.—With respect to the 92d Medical Group, Fairchild
Air Force Base, Washington, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(9\) 90th medical group, francis e. warren air force base,
wyoming.—With respect to the 90th Medical Group, Francis E.
Warren Air Force Base, Wyoming, limiting access to the
military medical treatment facility only to members of the
Armed Forces serving on active duty and the dependents of
such members.
\(10\) 355th medical group, davis-monthan air force base,
arizona.—With respect to the 355th Medical Group, Davis-
Monthan Air Force Base, Arizona, limiting access to the
military medical treatment facility only to members of the
Armed Forces serving on active duty and the dependents of
such members.
\(11\) 9th medical group, beale air force base, california.—
With respect to the 9th Medical Group, Beale Air Force Base,
California, limiting access to the military medical treatment
facility only to members of the Armed Forces serving on
active duty and the dependents of such members.
\(12\) 45th medical group, patrick space force base,
florida.—With respect to the 45th Medical Group, Patrick
Space Force Base, Florida, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(13\) 4th medical group, seymour johnson air force base,
north carolina.—With respect to the 4th Medical Group,
Seymour Johnson Air Force Base, North Carolina, limiting
access to the military medical treatment facility only to
members of the Armed Forces serving on active duty and the
dependents of such members.
\(14\) 20th medical group, shaw air force base, south
carolina.—With respect to the 20th Medical Group, Shaw Air
Force Base, South Carolina—
\(A\) limiting access to the military medical treatment
facility only to members of the Armed Forces serving on
active duty and the dependents of such members; and
\(B\) discontinuing contracts for nutrition services.
\(15\) 460th medical group, buckley space force base,
colorado.—With respect to the 460th Medical Group, Buckley
Space Force Base, Colorado, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(16\) 27th special operations medical group, cannon air
force base, new mexico.—With respect to the 27th Special
Operations Medical Group, Cannon Air Force Base, New Mexico,
limiting access to the military medical treatment facility
only to members of the Armed Forces serving on active duty
and the dependents of such members.
\(17\) 412th medical group, edwards air force base,
california.—With respect to the 412th Medical Group, Edwards
Air Force Base, California, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members.
\(18\) 30th medical group, vandenberg space force base,
california.—With respect to the 30th Medical Group,
Vandenberg Space Force Base, California, limiting access to
the military medical treatment facility only to members of
the Armed Forces serving on active duty and the dependents of
such members.
\(19\) Naval health clinic corpus christi, texas.—With
respect to Naval Health Clinic Corpus Christi, Texas,
limiting access to the military medical treatment facility
only to members of the Armed Forces serving on active duty
and the dependents of such members.
\(20\) 23d medical group, moody air force base, georgia.—
With respect to the 23d Medical Group, Moody Air Force Base,
Georgia, limiting access to the military medical treatment
facility only to members of the Armed Forces serving on
active duty and the dependents of such members living on
base.
\(21\) 366th medical group, mountain home air force base,
idaho.—With respect to the 366th Medical Group, Mountain
Home Air Force Base, Idaho, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members living on base.
\(22\) 319th medical group, grand forks air force base, north
dakota.—With respect to the 319th Medical Group, Grand Forks
Air Force Base, North Dakota, limiting access to the military
medical treatment facility only to members of the Armed
Forces serving on active duty and the dependents of such
members living on base.
\(23\) 61st medical squadron, los angeles space force base,
california.—With respect to the 61st Medical Squadron, Los
Angeles Space Force Base, California, limiting access to the
military medical treatment facility only to members of the
Armed Forces serving on active duty and the dependents of
such members living on base.
\(24\) 78th medical group, robins air force base, georgia.—
With respect to the 78th Medical Group, Robins Air Force
Base, Georgia, limiting access to the military medical
treatment facility only to members of the Armed Forces
serving on active duty.
\(25\) 72d medical group, tinker air force base, oklahoma.—
With respect to the 72d Medical Group, Tinker Air Force Base,
Oklahoma, limiting access to the military medical treatment
facility only to members of the Armed Forces serving on
active duty.
\(26\) 75th medical group, hill air force base, utah.—With
respect to the 75th Medical Group, Hill Air Force Base, Utah,
limiting access to the military medical treatment facility
only to members of the Armed Forces serving on active duty.
\(27\) 66th medical squadron, hanscom air force base,
massachusetts.—With respect to the 66th Medical Squadron,
Hanscom Air Force Base, Massachusetts, limiting access to the
military medical treatment facility only to members of the
Armed Forces serving on active duty.
\(28\) David grant medical center, travis air force base,
california.—With respect to the David Grant Medical Center,
Travis Air Force Base, California, closing the labor and
delivery services.
\(29\) 42d medical group, maxwell air force base, alabama.—
With respect to the 42d Medical Group, Maxwell Air Force
Base, Alabama, discontinuing educational and developmental
intervention services.
\(30\) Vilseck army health clinic, germany.—With respect to
the Vilseck Army Health Clinic, Germany, discontinuing
physical medicine and rehabilitation services.
\(31\) Desert sage community based medical home, william
beaumont army medical center, fort bliss, texas.—With
respect to the Desert Sage Community Based Medical Home,
William Beaumont Army Medical Center, Fort Bliss, Texas,
closing such home.
\(32\) Naval health clinic patuxent river, branch health
clinic dahlgren, virginia.—With respect to Naval Health
Clinic Patuxent River, Branch Health Clinic Dahlgren,
Virginia, discontinuing radiology services.
\(33\) Army health clinic munson, fort leavenworth, kansas.—
With respect to Army Health Clinic Munson, Fort Leavenworth,
Kansas, discontinuing mammography services.
\(34\) Naval health clinic lemoore, california.—With respect
to Naval Health Clinic Lemoore, California, discontinuing
operating room services.
\(35\) 55th medical group, offutt air force base, nebraska.—
With respect to the 55th Medical Group, Offutt Air Force
Base, Nebraska—
\(A\) discontinuing contracts for nutrition services; and
\(B\) discontinuing contracts for chiropractic services.
\(36\) 7th medical group, dyess air force base, texas.—With
respect to the 7th Medical Group, Dyess Air Force Base,
Texas, discontinuing contracts for nutrition services.
\(37\) 2d medical group, barksdale air force base,
louisiana.—With respect to the 2d Medical Group, Barksdale
Air Force Base, Louisiana—
\(A\) discontinuing contracts for nutrition services; and
\(B\) discontinuing contracts for chiropractic services.
\(38\) 87th medical group, joint base mcguire-dix-lakehurst,
new jersey.—With respect to the 87th Medical Group, Joint
Base McGuire-Dix-Lakehurst, New Jersey—
\(A\) discontinuing contracts for nutrition services; and
\(B\) discontinuing contracts for chiropractic services.
\(39\) 1st special operations medical group, hurlburt field,
florida.—With respect to 1st Special Operations Medical
Group, Hurlburt Field, Florida, discontinuing contracts for
chiropractic services.
\(40\) 10th medical group, united states air force academy,
colorado.—With respect to 10th Medical Group, United States
Air Force Academy, Colorado, discontinuing contracts for
chiropractic services.
\(41\) 96th medical group, eglin air force base, florida.—
With respect to 96th Medical Group, Eglin Air Force Base,
Florida, discontinuing contracts for chiropractic services.
\(d\) Report.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on each action taken under subsection
\(b\).
\(e\) Service Change Defined.—The term “service change”
means, with respect to a military medical treatment facility,
an action by the Secretary of Defense to modify the scope of
medical care provided at the facility, or the beneficiary
population served at the facility, as described in section
1073d\(f\) of title 10, United States Code, including with
respect to reducing or transferring personnel, converting an
inpatient hospital to an outpatient ambulatory care center,
and restricting the type of beneficiary that can access the
facility.
SA 6410. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1\_\_. INDIAN SCHOOL EQUALIZATION FORMULA.
\(a\) Purposes.—The purposes of this section are to study—
\(1\) the resources that Bureau-funded schools need to
provide competitive salaries and benefits to recruit and
retain high-quality teachers, administrators, and all school
staff;
\(2\) funding and other resources needed by the Bureau of
Indian Education to ensure that students attending Bureau-
funded schools receive a high-quality education; and
\(3\) potential revenue sources to bring Bureau of Indian
Education funding, resources, and salaries into parity with
other school systems.
\(b\) Definitions.—In this section:
\(1\) Assistant secretary.—The term “Assistant Secretary”
means the Assistant Secretary for Indian Affairs.
\(2\) Bureau-funded school.—The term “Bureau-funded
school” has the meaning given the term in section 1141 of
the Education Amendments of 1978 \(25 U.S.C. 2021\).
\(3\) Indian school equalization formula.—The term “Indian
School Equalization Formula” means the Indian School
Equalization Formula described in subparts B and C of part 39
of title 25, Code of Federal Regulations \(or successor
regulations\).
\(4\) Indian school equalization program.—The term “Indian
School Equalization Program” means the Indian School
Equalization Program described in part 39 of title 25, Code
of Federal Regulations \(or successor regulations\).
\(5\) Indian tribe.—The term “Indian Tribe” means any
Indian or Alaska Native Tribe, band, nation, pueblo, village,
or other community included on the most recent list published
by the Secretary under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 \(25 U.S.C. 5131\).
\(6\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(7\) Tribally controlled school.—The term “tribally
controlled school” has the meaning given the term in section
5212 of the Tribally Controlled Schools Act of 1988 \(25
U.S.C. 2511\).
\(c\) Indian School Equalization Formula Study.—
\(1\) Study required.—
\(A\) In general.—Not later than 1 year after the date of
enactment of this Act, and in accordance with subparagraph
\(C\), the Secretary, in coordination with the Assistant
Secretary and the Director of the Bureau of Indian Education,
shall carry out a study relating to updating the Indian
School Equalization Formula, including by completing the
process of developing alternative methods for the equitable
distribution of the Indian School Equalization Formula, with
consideration given to the factors described in subparagraph
\(B\).
\(B\) Factors described.—The factors referred to in
subparagraph \(A\) are the following:
\(i\) Ensuring that the Indian School Equalization Formula
provides sufficient funding to adequately fund Bureau-funded
schools, including—
\(I\) schools operated by the Bureau of Indian Education; and
\(II\) tribally controlled schools.
\(ii\) The highest rate of basic compensation, which shall be
equal to the higher of—
\(I\) the highest quartile or average State-by-State salaries
for school teachers, principals, other leadership positions,
and all school staff at public schools that are not Bureau-
funded schools; and
\(II\) the rate of basic compensation for teacher and
teaching positions in the Department of Defense as determined
under the Defense Department Overseas Teachers Pay and
Personnel Practices Act \(20 U.S.C. 901 et seq.\).
\(C\) Requirements.—In carrying out the study of the Indian
School Equalization Formula under subparagraph \(A\), the
Secretary shall—
\(i\) ensure that an updated Indian School Equalization
Formula provides sufficient funding to fully support salaries
for school teachers, principals, other leadership positions,
and all school staff at a rate commensurate with salaries of
non-Bureau of Indian Education teachers, principals, other
leadership positions, and all school staff described in
subclauses \(I\) and \(II\) of subparagraph \(B\)\(ii\);
\(ii\) consider the weights or ratios related to—
\(I\) tribally controlled schools;
\(II\) schools with fewer than 100 students; and
\(III\) schools located in rural areas; and
\(iii\) ensure that, in an updated Indian School Equalization
Formula, that Havasupai Elementary School is awarded an
additional cost factor of 12.5 Weighted Student Unit \(as
defined in section 39.2 of title 25, Code of Federal
Regulations \(or a successor regulation\)\).
\(2\) Report.—The Secretary, in coordination with the
Assistant Secretary and the Director of the Bureau of Indian
Education, and in consultation with national organizations
representing Indian Tribes and students attending Bureau-
funded schools, shall submit to Congress and make publicly
available to Indian Tribes a report describing—
\(A\) the adequacy of the Indian School Equalization Formula
and the Indian School Equalization Program in fulfilling the
needs of Bureau-funded schools and tribally controlled
schools; and
\(B\) recommendations for increasing or modifying factors to
improve the Indian School Equalization Formula.
\(d\) Study of Revenue Resources.—Not later than 1 year
after the date of enactment of this Act, the Secretary, in
coordination with the Assistant Secretary and the Director of
the Bureau of Indian Education, shall carry out a study to
identify potential revenue sources to bring Bureau-funded
schools into parity with other schools.
SA 6411. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. SEABED MINING.
\(a\) Regulations.—Not later than 90 days after the date of
enactment of this Act, the Secretary of the Interior
\(referred to in this section as the “Secretary”\) shall,
subject to subsection \(b\)—
\(1\) update section 581.13\(a\) of title 30, Code of Federal
Regulations, to ensure that the invitation of adjacent State
and Territory Governors described in that section for
activities described in that section is mandatory; and
\(2\) promulgate new regulations to establish and maintain a
seabed mining leasing program substantially similar to the
oil and gas leasing program described in section 18 of the
Outer Continental Shelf Lands Act \(43 U.S.C. 1344\), subject
to the conditions that—
\(A\) all references to State Governors and States in that
section shall include Territory Governors and Territories;
and
\(B\) in the event of a significant natural or other
similarly impactful local disaster that would impact the
ability of a State or Territory government to participate to
the fullest extent possible in a leasing program comment
period—
\(i\) the lease process shall be delayed at the request of
the affected State or Territory Governor; and
\(ii\) the lease process may only recommence upon agreement
between the Secretary and the affected State or Territory
Governor.
\(b\) Moratorium and Study on Seabed Mining.—
\(1\) Temporary moratorium.—Notwithstanding any other
provision of law, beginning on the date of enactment of this
Act and ending on the date that the report described in
paragraph \(2\)\(C\) is submitted to the Committee on Energy and
Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives, the Secretary
shall not review, issue, grant, or approve any new license,
permit, lease, or other instrument for the exploration,
commercial recovery, or mining of minerals in the exclusive
economic zone or the outer Continental Shelf pursuant to the
Deep Seabed Hard Mineral Resources Act \(30 U.S.C. 1401 et
seq.\) or the Outer Continental Shelf Lands Act \(43 U.S.C.
1331 et seq.\).
\(2\) Study.—
\(A\) In general.—The Secretary shall seek to enter into an
agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study on seabed mining
for critical minerals.
\(B\) Requirements.—The study described in subparagraph \(A\)
shall include—
\(i\) an overview of the technological feasibility and
economic potential of extracting seabed minerals;
\(ii\) identification of information needed to establish
baselines in habitats found at proposed mining sites and
surrounding areas; and
\(iii\) the potential social, cultural, environmental, and
economic impacts of seabed mining, including cumulative
effects and possible methods to mitigate negative impacts.
\(C\) Report.—Not later than 3 years after the date on which
the Secretary enters into an agreement with the National
Academies of Sciences, Engineering, and Medicine under
subparagraph \(A\), the Secretary shall submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of
Representatives a report that includes the findings of the
study described in that subparagraph.
SA 6412. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. \_\_. ENCOURAGING MORE EQUITABLE TREATMENT OF OSTEOPATHIC
AND ALLOPATHIC CANDIDATES IN RESIDENCY
APPLICATION AND REVIEW PROCESS.
\(a\) Short Title.—This section may be cited as “Fair
Access In Residency Act of 2026” or the “FAIR Act of
2026”.
\(b\) In General.—Section 1886\(d\)\(5\)\(B\) of the Social
Security Act \(42 U.S.C. 1395ww\(d\)\(5\)\(B\)\) is amended—
\(1\) in clause \(i\), by inserting at the end the following
new sentence: “For discharges occurring on or after October
1, 2027, the amount determined under the previous sentence
for a hospital shall be reduced by 2 percent for each prior
fiscal year \(beginning with fiscal year 2026\) for which the
hospital has not submitted to the Secretary the information
described in subclause \(xiv\).”; and
\(2\) by adding at the end the following new clause:
“\(xiv\) For purposes of clause \(i\), the information
described in this clause is, with respect to a hospital and a
fiscal year, the following:
“\(I\) The number of applicants for residency in each of the
hospital's approved medical residency training programs
beginning in such fiscal year—
“\(aa\) from osteopathic medical schools; and
“\(bb\) from allopathic medical schools.
“\(II\) The number of such applicants accepted into each
such program beginning in such fiscal year from each such
type of medical school.
“\(III\) An affirmation that—
“\(aa\) the policy of the hospital is to consider for
acceptance to each such program applicants from both
osteopathic and allopathic medical schools; and
“\(bb\) in the case that the hospital requires applicants to
submit an examination score as a prerequisite for acceptance
in such a program, the hospital accepts scores from, at the
election of the applicant, either the Comprehensive
Osteopathic Medical Licensing Examination of the United
States or the United States Medical Licensing Examination.”.
\(c\) Publication.—The Secretary of Health and Human
Services shall publish on a public website the information
described in subclauses \(I\) and \(II\) of section
1886\(d\)\(5\)\(B\)\(xiv\) of the Social Security Act, as added by
subsection \(b\), and the affirmation described in subclause
\(III\) of such section, that is submitted by a hospital with
respect to an approved medical residency training program \(as
defined in section 1886\(h\)\(5\)\(A\) of the Social Security Act
\(42 U.S.C. 1395ww\(h\)\(5\)\(A\)\)\) for each fiscal year \(beginning
with fiscal year 2026\).
\(d\) Rule of Construction.—Nothing in this Act shall be
construed as federalizing medical education, or as
establishing a mandate for an approved medical residency
training program \(as defined in section 1886\(h\)\(5\)\(A\) of the
Social Security Act \(42 U.S.C. 1395ww\(h\)\(5\)\(A\)\)\) to accept
students \(or to accept a certain number of students\) from
osteopathic or allopathic medical schools.
SA 6413. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part III of subtitle F of title V, add the
following:
SEC. 566. ANNUAL REPORTS ON STAFFING SHORTAGES IN PERSONNEL
SUPPORTING MILITARY FAMILIES.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a report on staffing shortages among
social workers, counselors, and family advocacy personnel who
provide assistance to military families.
\(b\) Elements.—The report required by subsection \(a\) shall
include—
\(1\) a description of the actions being taken by the
Department of Defense as of the date of the report to address
shortages described in subsection \(a\);
\(2\) an assessment of how the Department can improve efforts
to address such shortages; and
\(3\) a description of the challenges the Department faces
when a military family subject to child abuse proceedings
moves across State lines, including with respect to—
\(A\) transferring records; and
\(B\) the sharing of information between—
\(i\) the Department and State child welfare agencies; and
\(ii\) the commander concerned before the relocation of the
family and the commander concerned after that relocation.
SA 6414. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. REIMBURSEMENT RATES FOR HOME AND COMMUNITY-BASED
SERVICES FOR VETERANS.
\(a\) Homemaker and Home Health Aide Program.—Section
1720L\(c\) of title 38, United States Code, is amended by
adding at the end the following:
“\(3\) On and after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2027, the
Secretary—
“\(A\) in the case of any reimbursement rates for services
furnished under the Homemaker and Home Health Aide program
that were reduced after December 31, 2025, shall reinstate
the rates in effect on such date; and
“\(B\) may not reduce the reimbursement rates for such
services to an amount that is less than the rates in effect
on such date, unless the Secretary notifies Congress of such
reduction not later than 90 days before such reduction takes
effect.
“\(4\) Not later than 180 days after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2027, and annually thereafter, the Secretary
shall submit to Congress a report—
“\(A\) specifying whether the number of providers furnishing
services under the Homemaker and Home Health Aide program is
adequate to meet veteran demand for such services;
“\(B\) identifying any regions where provider participation
in furnishing such services is inadequate to meet such
demand; and
“\(C\) identifying how the Secretary plans to ensure
adequate provider participation in furnishing such services
to ensure the needs of veterans for such care are met.”.
\(b\) Report on Reimbursement Rates.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to Congress a report that
includes—
\(1\) the data sources used to establish reimbursement rates
for services under subsections \(c\) and \(e\) of section 1720L
of title 38, United States Code, including any use of data
from the Medicare program under title XVIII of the Social
Security Act \(42 U.S.C. 1395 et seq.\), the Medicaid program
under title XIX of such Act \(42 U.S.C. 1396 et seq.\), or the
private market;
\(2\) the weighting and adjustment factors applied to such
data;
\(3\) the role of any contractors or third-party
administrators in determining such rates;
\(4\) a description of any consultation with providers of
home and community-based services in establishing such rates,
including how such input was solicited, considered, and
incorporated; and
\(5\) a description of any formulas, models, or analytical
methods used to establish such rates, including any
variables, assumptions, weighting, and any additional data
sources or factors considered by the Secretary.
SA 6415. Mr. WYDEN \(for himself and Mr. Merkley\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. OREGON RECREATION ENHANCEMENT.
\(a\) Definitions.—In this section:
\(1\) Secretary.—The term “Secretary” means—
\(A\) the Secretary of the Interior, with respect to public
land administered by the Secretary of the Interior; or
\(B\) the Secretary of Agriculture, with respect to National
Forest System land.
\(2\) State.—The term “State” means the State of Oregon.
\(b\) Rogue Canyon and Molalla Recreation Areas, Oregon.—
\(1\) Designation.—For the purposes of protecting,
conserving, and enhancing the unique and nationally important
recreational, ecological, scenic, cultural, watershed, and
fish and wildlife values of the areas, the following areas in
the State are designated as recreation areas for management
by the Secretary in accordance with paragraph \(3\):
\(A\) Rogue canyon recreation area.—The approximately 98,150
acres of Bureau of Land Management land within the boundary
generally depicted as the “Rogue Canyon Recreation Area” on
the map entitled “Rogue Canyon Recreation Area Wild Rogue
Wilderness Additions” and dated November 19, 2019, which is
designated as the “Rogue Canyon Recreation Area”.
\(B\) Molalla recreation area.—The approximately 29,884
acres of Bureau of Land Management land within the boundary
generally depicted on the map entitled “Molalla Recreation
Area” and dated September 26, 2018, which is designated as
the “Molalla Recreation Area”.
\(2\) Maps and legal descriptions.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each recreation area designated by
paragraph \(1\).
\(B\) Effect.—The maps and legal descriptions prepared under
subparagraph \(A\) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
any minor errors in the maps and legal descriptions.
\(C\) Public availability.—The maps and legal descriptions
prepared under subparagraph \(A\) shall be available for public
inspection in the appropriate offices of the Bureau of Land
Management.
\(3\) Administration.—
\(A\) Applicable law.—The Secretary shall administer each
recreation area designated by paragraph \(1\)—
\(i\) in a manner that conserves, protects, and enhances the
purposes for which the recreation area is established; and
\(ii\) in accordance with—
\(I\) this subsection;
\(II\) the Federal Land Policy and Management Act of 1976 \(43
U.S.C. 1701 et seq.\); and
\(III\) other applicable laws.
\(B\) Uses.—The Secretary shall only allow those uses of a
recreation area designated by paragraph \(1\) that are
consistent with the purposes for which the recreation area is
established.
\(C\) Wildfire risk assessment.—Not later than 280 days
after the date of enactment of this Act, the Secretary, in
consultation with the Oregon Governor's Council on Wildfire
Response, shall conduct a wildfire risk assessment that
covers—
\(i\) the recreation areas designated by paragraph \(1\);
\(ii\) the Wild Rogue Wilderness; and
\(iii\) any Federal land adjacent to an area described in
clause \(i\) or \(ii\).
\(D\) Wildfire mitigation plan.—
\(i\) In general.—Not later than 1 year after the date on
which the wildfire risk assessment is conducted under
subparagraph \(C\), the Secretary shall develop a wildfire
mitigation plan, based on the wildfire risk assessment, that
identifies, evaluates, and prioritizes treatments and other
management activities that can be implemented on the Federal
land covered by the wildfire risk assessment \(other than
Federal land designated as a unit of the National Wilderness
Preservation System\) to mitigate wildfire risk to communities
located near the applicable Federal land.
\(ii\) Plan components.—The wildfire mitigation plan
developed under clause \(i\) shall include—
\(I\) vegetation management projects \(including mechanical
treatments to reduce hazardous fuels and improve forest
health and resiliency\);
\(II\) evacuation routes for communities located near the
applicable Federal land, which shall be developed in
consultation with State and local fire agencies; and
\(III\) strategies for public dissemination of emergency
evacuation plans and routes.
\(iii\) Applicable law.—The wildfire mitigation plan under
clause \(i\) shall be developed in accordance with—
\(I\) this subsection; and
\(II\) any other applicable law.
\(E\) Road construction.—
\(i\) In general.—Except as provided in clause \(ii\) or as
the Secretary determines necessary for public safety, no new
permanent or temporary roads shall be constructed \(other than
the repair and maintenance of existing roads\) within a
recreation area designated by paragraph \(1\).
\(ii\) Temporary roads.—Consistent with the purposes of this
section, the Secretary may construct temporary roads within a
recreation area designated by paragraph \(1\) to implement the
wildfire mitigation plan developed under subparagraph \(D\),
unless the temporary road would be within an area designated
as a unit of the National Wilderness Preservation System.
\(iii\) Effect.—Nothing in this subparagraph affects the
administration by the Secretary of the Molalla Forest Road in
accordance with applicable resource management plans.
\(F\) Effect on wildfire management.—Nothing in this
subsection alters the authority of the Secretary \(in
cooperation with other Federal, State, and local agencies, as
appropriate\) to conduct wildland fire operations within a
recreation area designated by paragraph \(1\), consistent with
the purposes of this section.
\(G\) Withdrawal.—Subject to valid existing rights, all
Federal surface and subsurface land within a recreation area
designated by paragraph \(1\) is withdrawn from all forms of—
\(i\) entry, appropriation, or disposal under the public land
laws;
\(ii\) location, entry, and patent under the mining laws; and
\(iii\) disposition under all laws pertaining to mineral
leasing, geothermal leasing, or mineral materials.
\(H\) No effect on wilderness areas.—Any wilderness area
located within a recreation area designated by paragraph \(1\)
shall be administered in accordance with the Wilderness Act
\(16 U.S.C. 1131 et seq.\).
\(4\) Adjacent management.—Nothing in this subsection
creates any protective perimeter or buffer zone around a
recreation area designated by paragraph \(1\).
\(c\) Expansion of Wild Rogue Wilderness Area.—
\(1\) Definitions.—In this subsection:
\(A\) Map.—The term “map” means the map entitled “Rogue
Canyon Recreation Area Wild Rogue Wilderness Additions” and
dated November 19, 2019.
\(B\) Wilderness additions.—The term “Wilderness
additions” means the land added to the Wild Rogue Wilderness
under paragraph \(2\)\(A\).
\(2\) Expansion of wild rogue wilderness area.—
\(A\) Expansion.—The approximately 59,512 acres of Federal
land in the State generally depicted on the map as “Proposed
Wilderness” shall be added to and administered as part of
the Wild Rogue Wilderness in accordance with the Endangered
American Wilderness Act of 1978 \(16 U.S.C. 1132 note; Public
Law 95-237\), except that—
\(i\) the Secretary of the Interior and the Secretary of
Agriculture shall administer the Federal land under their
respective jurisdiction; and
\(ii\) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of Agriculture or the Secretary of the Interior, as
applicable.
\(B\) Map; legal description.—
\(i\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of the wilderness area designated by
subparagraph \(A\).
\(ii\) Force of law.—The map and legal description filed
under clause \(i\) shall have the same force and effect as if
included in this subsection, except that the Secretary may
correct typographical errors in the map and legal
description.
\(iii\) Public availability.—The map and legal description
filed under clause \(i\) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and Forest Service.
\(C\) Fire, insects, and disease.—The Secretary may take
such measures within the Wilderness additions as the
Secretary determines to be necessary for the control of fire,
insects, and disease, in accordance with section 4\(d\)\(1\) of
the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\).
\(D\) Withdrawal.—Subject to valid existing rights, the
Wilderness additions are withdrawn from all forms of—
\(i\) entry, appropriation, or disposal under the public land
laws;
\(ii\) location, entry, and patent under the mining laws; and
\(iii\) disposition under all laws pertaining to mineral
leasing, geothermal leasing, or mineral materials.
\(E\) Tribal rights.—Nothing in this paragraph alters,
modifies, enlarges, diminishes, or abrogates the treaty
rights of any Indian Tribe.
\(d\) Withdrawal of Federal Land, Curry County and Josephine
County, Oregon.—
\(1\) Definitions.—In this subsection:
\(A\) Eligible federal land.—The term “eligible Federal
land” means—
\(i\) any federally owned land or interest in land depicted
on the Maps as within the Hunter Creek and Pistol River
Headwaters Withdrawal Proposal or the Rough and Ready and
Baldface Creeks Mineral Withdrawal Proposal; or
\(ii\) any land or interest in land located within such
withdrawal proposals that is acquired by the Federal
Government after the date of enactment of this Act.
\(B\) Maps.—The term “Maps” means—
\(i\) the Bureau of Land Management map entitled “Hunter
Creek and Pistol River Headwaters Withdrawal Proposal” and
dated January 12, 2015; and
\(ii\) the Bureau of Land Management map entitled “Rough and
Ready and Baldface Creeks Mineral Withdrawal Proposal” and
dated January 12, 2015.
\(2\) Withdrawal.—Subject to valid existing rights, the
eligible Federal land is withdrawn from all forms of—
\(A\) entry, appropriation, or disposal under the public land
laws;
\(B\) location, entry, and patent under the mining laws; and
\(C\) operation under the mineral leasing and geothermal
leasing laws.
\(3\) Availability of maps.—Not later than 30 days after the
date of enactment of this Act, the Maps shall be made
available to the public at each appropriate office of the
Bureau of Land Management.
\(4\) Existing uses not affected.—Except with respect to the
withdrawal under paragraph \(2\), nothing in this subsection
restricts recreational uses, hunting, fishing, forest
management activities, or other authorized uses allowed on
the date of enactment of this Act on the eligible Federal
land in accordance with applicable law.
SA 6416. Mr. WYDEN \(for himself and Mr. Merkley\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10\_\_. MALHEUR COMMUNITY EMPOWERMENT FOR THE OWYHEE.
\(a\) Definitions.—In this section:
\(1\) Bureau.—The term “Bureau” means the Bureau of Land
Management.
\(2\) County.—The term “County” means Malheur County,
Oregon.
\(3\) Federal land.—The term “Federal land” means land in
the County managed by the Bureau.
\(4\) Long-term ecological health.—The term “long-term
ecological health”, with respect to an ecosystem, means the
ability of the ecological processes of the ecosystem to
function in a manner that maintains the composition,
structure, activity, and resilience of the ecosystem over
time, including an ecologically appropriate diversity of
plant and animal communities, habitats, connectivity, and
conditions that are sustainable through successional
processes.
\(5\) Malheur c.e.o. group.—The term “Malheur C.E.O.
Group” means the group established by subsection \(c\)\(2\).
\(6\) Operational flexibility.—The term “operational
flexibility”, with respect to grazing on the Federal land,
means—
\(A\) a seasonal adjustment of livestock positioning for the
purposes of that grazing pursuant to a flexible grazing use
authorized under the program with respect to which written
notice is provided; or
\(B\) an adjustment of water source placement with respect to
which written notice is provided.
\(7\) Program.—The term “program” means the Malheur County
Grazing Management Program authorized under subsection
\(b\)\(1\).
\(8\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(9\) State.—The term “State” means the State of Oregon.
\(b\) Malheur County Grazing Management Program.—
\(1\) In general.—The Secretary may carry out a grazing
management program on the Federal land, to be known as the
“Malheur County Grazing Management Program”, in accordance
with applicable law \(including regulations\) and the
memorandum entitled “Bureau of Land Management Instruction
Memorandum 2018-109” \(as in effect on September 30, 2021\),
to provide to authorized grazing permittees and lessees
increased operational flexibility to improve the long-term
ecological health of the Federal land.
\(2\) Permit operational flexibility.—
\(A\) Flexible grazing use alternative for a grazing permit
or lease.—At the request of an authorized grazing permittee
or lessee, for purposes of renewing a grazing permit or lease
under the program, pursuant to the National Environmental
Policy Act of 1969 \(42 U.S.C. 4321 et seq.\), the Secretary
shall develop and analyze at least 1 alternative to provide
operational flexibility in livestock grazing use to account
for changing conditions.
\(B\) Consultation.—The Secretary shall develop alternatives
under subparagraph \(A\) in consultation with—
\(i\) the applicable grazing permittee or lessee;
\(ii\) affected Federal and State agencies;
\(iii\) the Malheur C.E.O. Group;
\(iv\) the Burns Paiute Tribe or the Fort McDermitt Paiute
and Shoshone Tribes, as applicable;
\(v\) other landowners in the affected allotment; and
\(vi\) interested members of the public.
\(C\) Implementation of interim operational flexibilities.—
If an applicable monitoring plan has been adopted under
subparagraph \(D\), in order to improve long-term ecological
health, on the request of an authorized grazing permittee or
lessee, the Secretary shall, using new and existing data,
allow a variance to the terms and conditions of the existing
applicable grazing permit or lease for the applicable year
due to significant changes in weather, forage production,
effects of fire or drought, or other temporary conditions—
\(i\) to adjust the season of use, the beginning date of the
period of use, the ending date of the period of use, or both
the beginning date and ending date, as applicable, under the
grazing permit or lease, subject to the requirements that—
\(I\) unless otherwise specified in the appropriate allotment
management plan or any other activity plan that is the
functional equivalent to the appropriate allotment management
plan under section 4120.2\(a\)\(3\) of title 43, Code of Federal
Regulations \(or a successor regulation\), the applicable
adjusted date of the season of use occurs—
\(aa\) not earlier than 14 days before the beginning date
specified in the applicable permit or lease; and
\(bb\) not later than 14 days after the ending date specified
in the applicable permit or lease; and
\(II\) the authorized grazing permittee or lessee provides
written notice of the adjustment to the Bureau not later than
2 business days before the date of adjustment;
\(ii\) to adjust the dates for pasture rotation based on
average vegetation stage and soil condition by not more than
14 days, subject to the requirement that the authorized
grazing permittee or lessee shall provide to the Bureau
written notice of the adjustment not later than 2 business
days before the date of adjustment;
\(iii\) to adjust the placement of water structures for
livestock or wildlife by not more than 100 yards from an
associated existing road, pipeline, or structure, subject to
applicable laws and the requirement that the authorized
grazing permittee or lessee shall provide to the Bureau
written notice of the adjustment not later than 2 business
days before the date of adjustment; and
\(iv\) in a case in which the monitoring plan adopted under
subparagraph \(D\) indicates alterations in the operational
flexibilities are necessary to achieve ecological health or
avoid immediate ecological degradation of the allotment or
allotment area, to adjust the operational flexibilities
immediately, subject to the requirement that the authorized
grazing permittee or lessee shall provide written notice of
the adjustment to the Bureau and the individuals and entities
described in clauses \(ii\) through \(vi\) of subparagraph \(B\).
\(D\) Monitoring plans.—
\(i\) Monitoring plans for permit flexibility.—
\(I\) In general.—The Secretary shall adopt cooperative
rangeland monitoring plans and rangeland health objectives to
apply to actions taken under subparagraph \(A\) and to monitor
and evaluate the improvements or degradations to the long-
term ecological health of the Federal land under the program,
in consultation with grazing permittees or lessees and other
individuals and entities described in subparagraph \(B\), using
existing or new scientifically supportable data.
\(II\) Requirements.—A monitoring plan adopted under
subclause \(I\) shall—
\(aa\) identify situations in which providing operational
flexibility in grazing permit or lease uses under the program
is appropriate to improve long-term ecological health of the
Federal land;
\(bb\) identify ways in which progress under the program
would be measured toward long-term ecological health of the
Federal land;
\(cc\) include for projects monitored under the program—
\(AA\) a description of the condition standards for which the
monitoring is tracking, including baseline conditions and
desired outcome conditions;
\(BB\) a description of monitoring methods and protocols;
\(CC\) a schedule for collecting data;
\(DD\) an identification of the responsible party for data
collection and storage;
\(EE\) an evaluation schedule;
\(FF\) a description of the anticipated use of the data;
\(GG\) provisions for adjusting any components of the
monitoring plan; and
\(HH\) a description of the method to communicate the
criteria for adjusting livestock grazing use; and
\(dd\) provide for annual reports on the effects of
flexibility in grazing permit or lease uses under the program
to allow the Secretary to make management adjustments to
account for the information provided in the annual report.
\(ii\) Monitoring plans for interim operational
flexibility.—
\(I\) In general.—The Secretary shall adopt cooperative
rangeland utilization monitoring plans and rangeland health
objectives to apply to actions taken under subparagraph \(C\)
and to monitor and evaluate the improvements or degradations
to the long-term ecological health of the Federal land
identified for flexible use under the program.
\(II\) Requirements.—A monitoring plan developed under
subclause \(I\) shall—
\(aa\) evaluate the percent utilization of available forage;
\(bb\) identify the appropriate percentage of utilization for
the feed type, ecosystem, time of year, and type of animal
using the allotment;
\(cc\) include—
\(AA\) a description of the utilization standards for which
the monitoring is tracking, including baseline conditions and
desired outcome conditions;
\(BB\) a description of utilization evaluation protocol;
\(CC\) an evaluation schedule identifying periods during
which utilization data will be collected;
\(DD\) provisions for adjusting any components of the
monitoring plan, including acceptance of data from identified
third parties; and
\(EE\) a description of the method to communicate the
criteria for adjusting livestock grazing use based on the on-
the-ground conditions after the period of use; and
\(dd\) provide for annual reports on the effects of
flexibility in grazing permit or lease uses under the program
to allow the Secretary to make management adjustments to
account for the information provided in the annual report.
\(E\) Terms and conditions.—
\(i\) Preferred alternative.—If the Secretary determines
that an alternative considered under the program that
provides operational flexibility is the preferred
alternative, the Secretary shall—
\(I\) incorporate the alternative, including applicable
monitoring plans adopted under subparagraph \(D\), into the
terms and conditions of the applicable grazing permit or
lease; and
\(II\) specify how the monitoring information with respect to
the preferred alternative should be used to inform management
adjustments under the program.
\(ii\) Adjustments.—Before implementing any measure for
purposes of operational flexibility with respect to a grazing
use authorized under the terms and conditions of a permit or
lease with respect to which an alternative has been
incorporated under clause
\(i\), the grazing permittee or lessee shall notify the
Secretary in writing of the proposed adjustment.
\(iii\) Additional requirements.—The Secretary may include
any other requirements in a permit or lease with respect to
which an alternative has been incorporated under clause \(i\)
that the Secretary determines to be necessary.
\(3\) Review; termination.—
\(A\) Review.—
\(i\) In general.—Subject to clause \(ii\), not earlier than
the date that is 8 years after the date of enactment of this
Act, the Secretary shall conduct a review of the program to
determine whether the objectives of the program are being
met.
\(ii\) No effect on program permits and leases.—The review
of the program under clause \(i\) shall not affect the
existence, renewal, or termination of a grazing permit or
lease entered into under the program.
\(B\) Termination.—If, based on the review conducted under
subparagraph \(A\), the Secretary determines that the
objectives of the program are not being met, the Secretary
shall, on the date that is 10 years after the date of
enactment of this Act—
\(i\) modify the program in a manner to ensure that the
objectives of the program would be met; or
\(ii\) terminate the program.
\(4\) No effect on grazing privileges.—Nothing in this
section—
\(A\) affects grazing privileges provided under the Act of
June 28, 1934 \(commonly known as the “Taylor Grazing Act”;
43 U.S.C. 315 et seq.\);
\(B\) requires the Secretary to consider modifying or
terminating the classification of any existing grazing
district on the Federal land in any subsequent plan or
decision of the Secretary; or
\(C\) precludes the Secretary from modifying or terminating
an existing permit or lease in accordance with applicable law
\(including regulations\).
\(c\) Malheur C.E.O. Group.—
\(1\) Definitions.—In this subsection:
\(A\) Consensus.—The term “consensus” means a unanimous
agreement by the voting members of the Malheur C.E.O. Group
present and constituting a quorum at a regularly scheduled
business meeting of the Malheur C.E.O. Group.
\(B\) Federal agency.—
\(i\) In general.—The term “Federal agency” means an
agency or department of the Government of the United States.
\(ii\) Inclusions.—The term “Federal agency” includes—
\(I\) the Bureau of Reclamation;
\(II\) the Bureau of Indian Affairs;
\(III\) the Bureau;
\(IV\) the United States Fish and Wildlife Service; and
\(V\) the Natural Resources Conservation Service.
\(C\) Quorum.—The term “quorum” means 1 more than \\1/2\\ of
the voting members of the Malheur C.E.O. Group.
\(2\) Establishment.—There is established the Malheur C.E.O.
Group to assist in carrying out this subsection.
\(3\) Membership.—
\(A\) In general.—The Malheur C.E.O. Group shall consist of
18 members, to be appointed in accordance with subparagraph
\(B\), including—
\(i\) 5 voting members who represent private interests, of
whom—
\(I\) 3 members represent livestock grazing interests, of
whom—
\(aa\) 1 member resides in the northern \\1/3\\ of the County;
\(bb\) 1 member resides in the center \\1/3\\ of the County;
and
\(cc\) 1 member resides in the southern \\1/3\\ of the County;
\(II\) 1 member is in the recreation or tourism industry; and
\(III\) 1 member is from an applicable irrigation district;
\(ii\) 2 voting members who represent the environmental
community, 1 of whom is based in the County;
\(iii\) 1 voting member who represents the hunting or fishing
community;
\(iv\) 2 voting members who are representatives of Indian
Tribes, of whom—
\(I\) 1 member shall be a representative of the Burns Paiute
Tribe; and
\(II\) 1 member shall be a representative of the Fort
McDermitt Paiute and Shoshone Tribes;
\(v\) 2 nonvoting members who are representatives of Federal
agencies with authority and responsibility in the County and
who shall provide technical assistance, 1 of whom shall
represent the Bureau;
\(vi\) 2 nonvoting members who are representatives of State
agencies with authority and responsibility in the County and
who shall provide technical assistance, of whom—
\(I\) 1 member shall be from the State Department of Fish and
Wildlife; and
\(II\) 1 member shall be from the State Parks Department; and
\(vii\) 4 nonvoting members who are representatives of units
of local government within the County and who shall provide
technical assistance, 1 of whom shall be from the County
weeds eradication department.
\(B\) Appointment; term; vacancy.—
\(i\) Appointment.—
\(I\) Governmental agencies.—A member of the Malheur C.E.O.
Group representing a Federal agency or State or local agency
shall be appointed by the head of the applicable agency.
\(II\) Private interests.—A member of the Malheur C.E.O.
Group representing private interests shall be appointed by
the applicable represented groups.
\(ii\) Term.—A member of the Malheur C.E.O. Group shall
serve for a term of 3 years.
\(iii\) Vacancy.—A vacancy on the Malheur C.E.O. Group shall
be filled in the manner described in clause \(i\).
\(4\) Projects.—
\(A\) In general.—The Malheur C.E.O. Group shall propose
eligible projects described in subparagraph \(B\) on Federal
land and water and non-Federal land and water in the County
to be carried out by the Malheur C.E.O. Group or a third
party, using funds provided by the Malheur C.E.O. Group, if a
consensus of the Malheur C.E.O. Group approves the proposed
eligible project.
\(B\) Description of eligible projects.—An eligible project
referred to in subparagraph \(A\) is a project—
\(i\) that complies with existing law \(including
regulations\); and
\(ii\) relating to—
\(I\) ecological restoration, including development,
planning, and implementation;
\(II\) range improvements for the purpose of providing more
efficient and effective ecologically beneficial management of
domestic livestock, fish, wildlife, or habitat;
\(III\) invasive species management or eradication, including
invasive weeds, vegetation, fish, or wildlife;
\(IV\) restoration of springs and related water
infrastructure to enhance the availability of sustainable
flows of freshwater for livestock, fish, or wildlife;
\(V\) conservation of cultural sites;
\(VI\) economic development or recreation management; or
\(VII\) research, monitoring, or analysis.
\(C\) Requirement.—
\(i\) In general.—In the case of an eligible project
proposed under subparagraph \(A\) that is to be carried out on
Federal land or requires the use of Federal funds, the
project may not be carried out without the approval of the
head of the applicable Federal agency.
\(ii\) Failure to approve.—If an eligible project described
in clause \(i\) is not approved by the head of the applicable
Federal agency, not later than 14 business days after the
date on which the proposal is submitted to the head of the
applicable Federal agency, the head of the Federal agency
shall provide to the Malheur C.E.O. Group in writing a
description of the reasons for not approving the proposed
eligible project.
\(D\) Failure to approve by consensus.—If an eligible
project proposed under subparagraph \(A\) is not agreed to by
consensus after 3 votes are conducted by the Malheur C.E.O.
Group, the proposed eligible project may be agreed to by a
quorum of the members of the Malheur C.E.O. Group, subject to
the limitations that—
\(i\) the eligible project may not be carried out on Federal
land; and
\(ii\) no Federal funds may be used for an eligible project
that is agreed to in accordance with this subparagraph.
\(E\) Acceptance of donations.—The Malheur C.E.O. Group
may—
\(i\) accept and place into a trust fund any donations,
grants, or other funds received by the Malheur C.E.O. Group;
and
\(ii\) use amounts placed into a trust fund under
subparagraph \(A\) to carry out eligible projects approved in
accordance with this subsection, including eligible projects
carried out on Federal land or water or using Federal funds,
if the project is approved by the head of the applicable
Federal agency.
\(F\) Cost-sharing requirement.—
\(i\) In general.—The Federal share of the total cost of an
eligible project carried out using amounts made available
under paragraph \(9\) shall be not more than 75 percent.
\(ii\) Form of non-federal contribution.—The non-Federal
contribution required under clause \(i\) may be provided in the
form of in-kind contributions.
\(G\) Funding recommendations.—All funding recommendations
developed by the Malheur C.E.O. Group shall be based on a
consensus of the Malheur C.E.O. Group members.
\(5\) Technical assistance.—Any Federal agency with
authority and responsibility in the County shall, to the
extent practicable, provide technical assistance to the
Malheur C.E.O. Group on request of the Malheur C.E.O. Group.
\(6\) Public notice and participation.—The Malheur C.E.O.
Group shall conduct all meetings subject to applicable open
meeting and public participation laws.
\(7\) Priorities.—For purposes of approving eligible
projects proposed under paragraph \(4\)\(A\), the Malheur C.E.O.
Group shall give priority to voluntary habitat, range, and
ecosystem restoration projects focused on improving the long-
term ecological health of the Federal land and natural bodies
of water.
\(8\) Additional projects.—To the extent permitted by
applicable law and subject to the availability of
appropriations, Federal agencies may contribute to the
implementation of projects recommended by the Malheur C.E.O.
Group and approved by the Secretary.
\(9\) Authorization of appropriations.—
\(A\) In general.—There is authorized to be appropriated to
the Secretary to carry out this subsection $1,000,000 for
each of fiscal years 2026 through 2036.
\(B\) Maintenance and distribution.—Amounts made available
under subparagraph \(A\) shall be maintained and distributed by
the Secretary.
\(C\) Administrative expenses.—Not more than more than 5
percent of amounts made available under subparagraph \(A\) for
a fiscal year may be used for the administration of this Act.
\(D\) Grants.—Of the amounts made available under
subparagraph \(A\), not more than 10 percent may be made
available for a fiscal year to provide grants to the Malheur
C.E.O. Group.
\(10\) Effect.—
\(A\) Existing activities.—The activities of the Malheur
C.E.O. Group shall supplement, and not replace, existing
activities to manage the natural resources of the County.
\(B\) Legal rights, duties, or authorities.—Nothing in this
subsection affects any legal right, duty, or authority of any
person or Federal agency, including any member of the Malheur
C.E.O. Group.
\(d\) Land Designations.—
\(1\) Definition of wilderness area.—In this subsection, the
term “wilderness area” means a wilderness area designated
by paragraph \(2\)\(A\).
\(2\) Designation of wilderness areas.—
\(A\) In general.—In accordance with the Wilderness Act \(16
U.S.C. 1131 et seq.\), the following Federal land in the
County comprising approximately 1,102,393 acres, as generally
depicted on the referenced maps, is designated as wilderness
and as components of the National Wilderness Preservation
System:
\(i\) Fifteenmile creek wilderness.—Certain Federal land,
comprising approximately 61,647 acres, as generally depicted
on the map entitled “Proposed Wilderness Trout Creek-Oregon
Canyon Group” and dated December 12, 2023, which shall be
known as the “Fifteenmile Creek Wilderness”.
\(ii\) Oregon canyon mountains wilderness.—Certain Federal
land, comprising approximately 53,559 acres, as generally
depicted on the map entitled “Proposed Wilderness Trout
Creek-Oregon Canyon Group” and dated December 12, 2023,
which shall be known as the “Oregon Canyon Mountains
Wilderness”.
\(iii\) Twelvemile creek wilderness.—Certain Federal land,
comprising approximately 38,099 acres, as generally depicted
on the map entitled “Proposed Wilderness Trout Creek-Oregon
Canyon Group” and dated December 12, 2023, which shall be
known as the “Twelvemile Creek Wilderness”.
\(iv\) Upper west little owyhee wilderness.—Certain Federal
land, comprising approximately 93,199 acres, as generally
depicted on the map entitled “Proposed Wilderness Upper
Owyhee” and dated December 12, 2023, which shall be known as
the “Upper West Little Owyhee Wilderness”.
\(v\) Lookout butte wilderness.—Certain Federal land,
comprising approximately 66,242 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the
“Lookout Butte Wilderness”.
\(vi\) Mary gautreaux owyhee river canyon wilderness.—
Certain Federal land, comprising approximately 211,679 acres,
as generally depicted on the map entitled “Proposed
Wilderness Upper Owyhee” and dated December 12, 2023, which
shall be known as the “Mary Gautreaux Owyhee River Canyon
Wilderness”.
\(vii\) Black butte wilderness.—Certain Federal land,
comprising approximately 12,058 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “Black
Butte Wilderness”.
\(viii\) Twin butte wilderness.—Certain Federal land,
comprising approximately 18,150 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “Twin
Butte Wilderness”.
\(ix\) Oregon butte wilderness.—Certain Federal land,
comprising approximately 31,934 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “Oregon
Butte Wilderness”.
\(x\) Mahogany butte wilderness.—Certain Federal land,
comprising approximately 8,953 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the
“Mahogany Butte Wilderness”.
\(xi\) Deer flat wilderness.—Certain Federal land,
comprising approximately 12,250 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “Deer
Flat Wilderness”.
\(xii\) Sacramento hill wilderness.—Certain Federal land,
comprising approximately 9,574 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the
“Sacramento Hill Wilderness”.
\(xiii\) Deadman butte wilderness.—Certain Federal land,
comprising approximately 7,152 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the
“Deadman Butte Wilderness”.
\(xiv\) Big grassey wilderness.—Certain Federal land,
comprising approximately 44,238 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “Big
Grassey Wilderness”.
\(xv\) North fork owyhee wilderness.—Certain Federal land,
comprising approximately 5,276 acres, as generally depicted
on the map entitled “Proposed Wilderness Upper Owyhee” and
dated December 12, 2023, which shall be known as the “North
Fork Owyhee Wilderness”.
\(xvi\) Mary gautreaux lower owyhee canyon wilderness.—
Certain Federal land, comprising approximately 77,121 acres,
as generally depicted on the map entitled “Proposed
Wilderness Lower Owyhee” and dated December 12, 2023, which
shall be known as the “Mary Gautreaux Lower Owyhee Canyon
Wilderness”.
\(xvii\) Jordan craters wilderness.—Certain Federal land,
comprising approximately 29,255 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Jordan
Craters Wilderness”.
\(xviii\) Owyhee breaks wilderness.—Certain Federal land,
comprising approximately 31,637 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Owyhee
Breaks Wilderness”.
\(xix\) Dry creek wilderness.—Certain Federal land,
comprising approximately 33,209 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Dry
Creek Wilderness”.
\(xx\) Dry creek buttes wilderness.—Certain Federal land,
comprising approximately 88,289 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Dry
Creek Buttes Wilderness”.
\(xxi\) Upper leslie gulch wilderness.—Certain Federal land,
comprising approximately 2,997 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Upper
Leslie Gulch Wilderness”.
\(xxii\) Slocum creek wilderness.—Certain Federal land,
comprising approximately 7,534 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Slocum
Creek Wilderness”.
\(xxiii\) Honeycombs wilderness.—Certain Federal land,
comprising approximately 41,122 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the
“Honeycombs Wilderness”.
\(xxiv\) Wild horse basin wilderness.—Certain Federal land,
comprising approximately 18,402 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Wild
Horse Basin Wilderness”.
\(xxv\) Quartz mountain wilderness.—Certain Federal land,
comprising approximately 32,943 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Quartz
Mountain Wilderness”.
\(xxvi\) The tongue wilderness.—Certain Federal land,
comprising approximately 5,909 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as “The Tongue
Wilderness”.
\(xxvii\) Three fingers rock north wilderness.—Certain
Federal land, comprising approximately 12,462 acres, as
generally depicted on the map entitled “Proposed Wilderness
Lower Owyhee” and dated December 12, 2023, which shall be
known as the “Three Fingers Rock North Wilderness”.
\(xxviii\) Burnt mountain wilderness.—Certain Federal land,
comprising approximately 8,115 acres, as generally depicted
on the map entitled “Proposed Wilderness Lower Owyhee” and
dated December 12, 2023, which shall be known as the “Burnt
Mountain Wilderness”.
\(xxix\) Camp creek wilderness.—Certain Federal land,
comprising approximately 72,597 acres, as generally depicted
on the map entitled “Proposed Wilderness Camp Creek Group”
and dated December 12, 2023, which shall be known as the
“Camp Creek Wilderness”.
\(B\) Maps and legal descriptions.—
\(i\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal description of each wilderness area.
\(ii\) Effect.—Each map and legal description prepared under
clause \(i\) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
clerical and typographical errors in the map or legal
description.
\(iii\) Public availability.—The maps and legal descriptions
prepared under clause \(i\) shall be on file and available for
public inspection in the appropriate offices of the Bureau.
\(C\) Management.—
\(i\) In general.—Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act \(16 U.S.C. 1131 et seq.\),
except that—
\(I\) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
\(II\) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
\(ii\) Grazing.—The Secretary shall allow the continuation
of the grazing of livestock, in the wilderness areas, if
established before the date of enactment of this Act, in
accordance with—
\(I\) section 4\(d\)\(4\) of the Wilderness Act \(16 U.S.C.
1133\(d\)\(4\)\); and
\(II\) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress \(House Report 101-405\).
\(iii\) Roads adjacent to wilderness areas.—Nothing in this
Act requires the closure of any adjacent road outside the
boundary of a wilderness area.
\(iv\) Fish and wildlife management activities.—
\(I\) In general.—In furtherance of the purposes and
principles of the Wilderness Act \(16 U.S.C. 1131 et seq.\),
the Secretary may conduct any management activities that are
necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas, if the
management activities are—
\(aa\) consistent with applicable wilderness management
plans; and
\(bb\) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress \(House Report 101-405\).
\(II\) Inclusions.—Management activities under subclause \(I\)
may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
\(v\) Existing activities.—Consistent with section 4\(d\)\(1\)
of the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\) and in
accordance with appropriate policies, such as the policies
established in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of Representatives
accompanying H.R. 2570 of the 101st Congress \(House Report
101-405\), the State may use aircraft \(including helicopters\)
in the wilderness areas to survey capture, transplant,
monitor, and provide water for wildlife populations,
including bighorn sheep and feral stock, feral horses, and
feral burros.
\(3\) Management of land not designated as wilderness.—
\(A\) Release of wilderness study areas.—
\(i\) Finding.—Congress finds that, for purposes of section
603\(c\) of the Federal Land Policy and Management Act of 1976
\(43 U.S.C. 1782\(c\)\), the Clarks Butte Wilderness Study Area,
Saddle Butte Wilderness Study Area, and Bowden Hills
Wilderness Study Area have been adequately studied for
wilderness designation.
\(ii\) Release.—Except as provided in subparagraph \(B\), the
land described in clause \(i\)—
\(I\) is no longer subject to section 603\(c\) of the Federal
Land Policy and Management Act of 1976 \(43 U.S.C. 1782\(c\)\);
and
\(II\) shall be managed in accordance with the Federal Land
Policy and Management Act of 1976 \(43 U.S.C. 1701 et seq.\),
including any applicable land use plan adopted under section
202 of that Act \(43 U.S.C. 1712\).
\(B\) Management of certain land with wilderness
characteristics.—Any portion of the Federal land that was
previously determined by the Secretary to be land with
wilderness characteristics that is not designated as
wilderness by paragraph \(2\)\(A\) and is not designated on the
Map as “land with wilderness characteristics” shall be
managed by the Secretary in accordance with the applicable
land use plans adopted under section 202 of the Federal Land
Policy and Management Act of 1976 \(43 U.S.C. 1712\).
\(e\) Land Conveyances to Burns Paiute Tribe and Castle Rock
Co-stewardship Area.—
\(1\) Jonesboro ranch, road gulch, and black canyon land
conveyances.—
\(A\) Conveyance and taking into trust.—
\(i\) Title.—As soon as practicable after the date of
enactment of this Act, the Secretary shall accept title to
the land described in subparagraph \(B\), if conveyed or
otherwise transferred to the United States by, or on behalf
of, the Burns Paiute Tribe.
\(ii\) Trust.—Land to which title is accepted by the
Secretary under clause \(i\) shall—
\(I\) be held in trust by the United States for the benefit
of the Burns Paiute Tribe; and
\(II\) be part of the reservation of the Burns Paiute Tribe.
\(B\) Description of land.—The land referred to in
subparagraph \(A\)\(i\) is the following:
\(i\) Jonesboro ranch.—The parcel commonly known as
“Jonesboro Ranch”, located approximately 6 miles east of
Juntura, Oregon, consisting of 21,548 acres of Federal land,
6,686 acres of certain private land owned by the Burns Paiute
Tribe and associated with the Jonesboro Ranch containing the
pastures referred to as “Saddle Horse” and “Trail Horse”,
“Indian Creek”, “Sperry Creek”, “Antelope Swales”,
“Horse Camp”, “Dinner Creek”, “Upper Hunter Creek”, and
“Tim's Peak”, generally depicted as “Jonesboro Parcels
\(Transfer\)” on the map entitled “Proposed Wilderness Camp
Creek Group” and dated December 12, 2023, and more
particularly described as follows:
\(I\) T. 20 S., R. 38 E., secs. 25 and 36, Willamette
Meridian.
\(II\) T. 20 S., R. 39 E., secs. 25-36, Willamette Meridian.
\(III\) T. 20 S., R. 40 E., secs. 30, 31, and 32, Willamette
Meridian.
\(IV\) T. 21 S., R. 39 E., secs. 1-18, 20-29, and 32-36,
Willamette Meridian.
\(V\) T. 21 S., R. 40 E., secs. 5-8, 17-19, 30, and 31,
Willamette Meridian.
\(VI\) T. 22 S., R. 39 E., secs. 1-5, 8, and 9, Willamette
Meridian.
\(ii\) Road gulch; black canyon.—The approximately 4,137
acres of State land containing the pastures referred to as
“Road Gulch” and “Black Canyon” and more particularly
described as follows:
\(I\) T. 20 S., R. 39 E., secs. 10, 11, 15, 14, 13, 21-28,
and 36, Willamette Meridian.
\(II\) T 20 S., R. 40 E., secs. 19, 30, 31, and 32,
Willamette Meridian.
\(C\) Applicable law.—Land taken into trust under
subparagraph \(A\)\(ii\) shall be administered in accordance with
the laws \(including regulations\) generally applicable to
property held in trust by the United States for the benefit
of an Indian Tribe.
\(D\) Map of trust land.—As soon as practicable after the
date of enactment of this Act, the Secretary shall prepare a
map depicting the land taken into trust under subparagraph
\(A\)\(ii\).
\(E\) Land exchange.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall seek to enter
into an agreement with the State under which the Secretary
would exchange Federal land for the portions of the area
described in subparagraph \(B\)\(ii\) that are owned by the
State.
\(2\) Castle rock land to be held in trust and co-stewardship
area.—
\(A\) Land to be held in trust.—All right, title, and
interest of the United States in and to the approximately
2,500 acres of land in the Castle Rock Wilderness Study Area,
as depicted as “Lands to be Taken into Trust” on the map
entitled “Land into Trust and Co-Stewardship Castle Rock
Group” and dated December 12, 2023, shall—
\(i\) be held in trust by the United States for the benefit
of the Burns Paiute Tribe; and
\(ii\) be part of the reservation of the Burns Paiute Tribe.
\(B\) Castle rock co-stewardship area.—
\(i\) Memorandum of understanding.—
\(I\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall seek to enter into
a memorandum of understanding with the Burns Paiute Tribe to
provide for the co-stewardship of the area depicted as
“Tribal Co-Stewardship Area” on the map entitled “Land
into Trust and Co-Stewardship Castle Rock Group” and dated
December 12, 2023, to be known as the “Castle Rock Co-
Stewardship Area”.
\(II\) Requirement.—The memorandum of understanding entered
into under subclause \(I\) shall ensure that the Castle Rock
Co-Stewardship Area is managed in a manner that—
\(aa\) ensures that Tribal interests are adequately
considered;
\(bb\) provides for maximum protection of cultural and
archaeological resources; and
\(cc\) provides for the protection of natural resources with
cultural significance.
\(ii\) Management agreements.—In accordance with applicable
law \(including regulations\), the Secretary may enter into 1
or more management agreements with the Burns Paiute Tribe to
authorize the Burns Paiute Tribe to carry out management
activities in the Castle Rock Co-Stewardship Area in
accordance with the memorandum of understanding entered into
under clause \(i\)\(I\).
\(iii\) Grazing.—The grazing of livestock in the Castle Rock
Co-Stewardship Area, if established before the date of
enactment of this Act, shall be permitted to continue in
accordance with applicable law \(including regulations\).
\(iv\) Water rights.—Nothing in this subparagraph—
\(I\) affects any valid and existing water rights; or
\(II\) provides the Burns Paiute Tribe with any new water
right or claim.
\(C\) Withdrawal.—Subject to valid existing rights, the land
taken into trust under subparagraph \(A\) and the land
comprising the Castle Rock Co-Stewardship Area are withdrawn
from—
\(i\) all forms of entry, appropriation, and disposal under
the public land laws;
\(ii\) location, entry, and patent under the mining laws; and
\(iii\) operation of the mineral leasing and geothermal
leasing laws and mineral materials laws.
\(3\) Authorization of appropriations.—There is authorized
to be appropriated to the Secretary to carry out this
subsection $2,000,000 for fiscal year 2026.
\(4\) Effect on tribal rights and certain existing uses.—
Nothing in this subsection, including any designation or
nondesignation of land transferred into trust to be held by
the United States for the benefit of the Burns Paiute Tribe
under this subsection—
\(A\) alters, modifies, enlarges, diminishes, or abrogates
rights secured by a treaty, statute, Executive order, or
other Federal law of any Indian Tribe, including off-
reservation reserved rights; or
\(B\) affects—
\(i\) existing rights-of-way; or
\(ii\) preexisting grazing uses and existing water rights or
mining claims, except as specifically negotiated between any
applicable Indian Tribe and the Secretary.
SA 6417. Mr. PETERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1\_\_. PROHIBITION ON THE DISPOSITION OF HART-DOLE-INOUYE
FEDERAL CENTER.
The Administrator of General Services may not take any
action to dispose of the Hart-Dole-Inouye Federal Center
located at 74 North Washington Avenue in Battle Creek,
Michigan.
SA 6418. Mr. PETERS \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . STRENGTHENING SUPPORT FOR AMERICAN MANUFACTURING.
\(a\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Commerce, Science, and Transportation
of the Senate; and
\(B\) the Committee on Energy and Commerce of the House of
Representatives.
\(2\) Covered offices and bureaus.—The term “covered
offices and bureaus” means offices and bureaus of the
Department of Commerce identified under subsection \(b\)\(1\)\(A\).
\(3\) Critical supply chain.—The term “critical supply
chain” means an end-to-end system that converts raw
materials into finished products in critical sectors,
including in—
\(A\) the defense industrial base;
\(B\) the public health and biological preparedness
industrial base;
\(C\) the information and communications technology
industrial base;
\(D\) the energy sector industrial base;
\(E\) the transportation industrial base; and
\(F\) agricultural supply chains.
\(4\) Critical supply chain resilience.—The term “critical
supply chain resilience” means mitigating gaps and
vulnerabilities in critical supply chains, including by—
\(A\) reducing risk of malicious sabotage or external or
internal manipulation; and
\(B\) improving the ability to withstand supply chain
interruptions such as logistical challenges and workforce,
materials, equipment, or product shortages.
\(5\) Manufacturing and industrial innovation.—The term
“manufacturing and industrial innovation” means—
\(A\) providing assistance, resources, or services to
manufacturers or manufacturing workers in the United States;
\(B\) offering expertise, improvements, research, and
development or other assistance in technological innovations
or advanced manufacturing in partnership with or for use by
manufacturers in the United States; or
\(C\) developing policy that substantially impacts the
manufacturing sector in the United States.
\(6\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
\(b\) Study Relating to Manufacturing Programs of the
Department of Commerce.—
\(1\) Assessment.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall produce a report
that—
\(A\) identifies offices and bureaus of the Department of
Commerce with responsibilities related to—
\(i\) critical supply chain resilience; and
\(ii\) manufacturing and industrial innovation;
\(B\) identifies the duties, responsibilities, programs, and
expertise relevant to critical supply chain resilience and
manufacturing and industrial innovation of each covered
office and bureau;
\(C\) identifies and assesses the purpose, statutory
authority, effectiveness, efficiency, and limitations of each
covered office and bureau;
\(D\) identifies gaps between offices with duplicative
duties, responsibilities, programs, and expertise within the
Department of Commerce that are implementing activities
related to critical supply chain resilience and manufacturing
and industrial innovation; and
\(E\) provides recommendations to improve the effectiveness,
efficiency, and impact of each covered office and bureau,
including recommendations to—
\(i\) optimize operations within or across covered offices
and bureaus;
\(ii\) improve coordination across covered offices and
bureaus; and
\(iii\) improve coordination with Federal agencies
implementing similar activities related to critical supply
chain resilience and manufacturing and industrial innovation.
\(2\) National academy of public administration.—The
Secretary shall contract with the National Academy of Public
Administration in producing the report under paragraph \(1\).
\(3\) Report.—Not later than 180 days after the date on
which the Secretary produces the report under paragraph \(1\),
the Secretary shall submit to the appropriate committees of
Congress—
\(A\) the report produced under paragraph \(1\);
\(B\) recommendations for potential legislative action
addressing recommendations in the report produced under
paragraph \(1\); and
\(C\) a response from the Secretary to the recommendations
included in the report produced under paragraph \(1\).
SA 6419. Mr. PETERS \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle \_\_—Securing Semiconductor Supply Chains Act
SEC. \_\_01. SHORT TITLE.
This subtitle may be cited as the “Securing Semiconductor
Supply Chains Act”.
SEC. \_\_02. SELECTUSA DEFINED.
In this subtitle, the term “SelectUSA” means the
SelectUSA program of the Department of Commerce established
by Executive Order 13577 \(76 Fed. Reg. 35715\).
SEC. \_\_03. FINDINGS.
Congress makes the following findings:
\(1\) Semiconductors underpin the United States and global
economies, including manufacturing sectors. Semiconductors
are also essential to the national security of the United
States.
\(2\) A shortage of semiconductors, brought about by the
COVID-19 pandemic and other complex factors impacting the
overall supply chain, has threatened the economic recovery of
the United States and industries that employ millions of
United States citizens.
\(3\) Addressing current challenges and building resilience
against future risks requires ensuring a secure and stable
supply chain for semiconductors that will support the
economic and national security needs of the United States and
its allies.
\(4\) The supply chain for semiconductors is complex and
global. While the United States plays a leading role in
certain segments of the semiconductor industry, securing the
supply chain requires onshoring, reshoring, or diversifying
vulnerable segments, such as for—
\(A\) fabrication;
\(B\) advanced packaging; and
\(C\) materials and equipment used to manufacture
semiconductor products.
\(5\) The Federal Government can leverage foreign direct
investment and private dollars to grow the domestic
manufacturing and production capacity of the United States
for vulnerable segments of the semiconductor supply chain.
\(6\) The SelectUSA program of the Department of Commerce, in
coordination with other Federal agencies and State-level
economic development organizations, is positioned to boost
foreign direct investment in domestic manufacturing and to
help secure the semiconductor supply chain of the United
States.
SEC. \_\_04. COORDINATION WITH STATE-LEVEL ECONOMIC DEVELOPMENT
ORGANIZATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Executive Director of SelectUSA shall solicit
comments from State-level economic development
organizations—
\(1\) to review—
\(A\) what efforts the Federal Government can take to support
increased foreign direct investment in any segment of
semiconductor-related production;
\(B\) what barriers to such investment may exist and how to
amplify State efforts to attract such investment;
\(C\) public opportunities those organizations have
identified to attract foreign direct investment to help
increase investment described in subparagraph \(A\); and
\(D\) resource gaps or other challenges that prevent those
organizations from increasing such investment; and
\(2\) to develop recommendations for—
\(A\) how SelectUSA can increase such investment
independently or through partnership with those
organizations; and
\(B\) working with countries that are allies or partners of
the United States to ensure that foreign adversaries \(as
defined in section 8\(c\)\(2\) of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1607\(c\)\(2\)\)\)
do not benefit from United States efforts to increase such
investment.
SEC. \_\_05. REPORT ON INCREASING FOREIGN DIRECT INVESTMENT IN
SEMICONDUCTOR-RELATED MANUFACTURING AND
PRODUCTION.
Not later than 2 years after the date of the enactment of
this Act, the Executive Director of SelectUSA, in
coordination with the Federal Interagency Investment Working
Group established by Executive Order 13577 \(76 Fed. Reg.
35,715; relating to establishment of the SelectUSA
Initiative\), shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that includes—
\(1\) a review of the comments SelectUSA received from State-
level economic development organizations under section \_\_04;
\(2\) a description of activities SelectUSA is engaged in to
increase foreign direct investment in semiconductor-related
manufacturing and production; and
\(3\) an assessment of strategies SelectUSA may implement to
achieve an increase in such investment and to help secure the
United States supply chain for semiconductors, including by—
\(A\) working with other relevant Federal agencies; and
\(B\) working with State-level economic development
organizations and implementing any strategies or
recommendations SelectUSA received from those organizations.
SEC. \_\_06. NO ADDITIONAL FUNDS.
No additional funds are authorized to be appropriated for
the purpose of carrying out this subtitle. The Executive
Director of SelectUSA shall carry out this subtitle using
amounts otherwise available to the Executive Director for
such purposes.
SA 6420. Mr. PETERS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10\_\_. WORKFORCE FRAMEWORKS FOR CRITICAL AND EMERGING
TECHNOLOGIES.
\(a\) Definitions.—
\(1\) In general.—In this section, the terms
“competencies”, “workforce categories”, and “workforce
framework” have the meanings given such terms in subsection
\(f\) of section 2 of the National Institute of Standards and
Technology Act \(15 U.S.C. 272\), as added by subsection \(b\) of
this section.
\(2\) Amendment to nist act.—Section 2 of such Act \(15
U.S.C. 272\) is amended by adding at the end the following:
“\(f\) Definitions.—In this section:
“\(1\) Competencies.—The term \`competencies' means
knowledge and skills.
“\(2\) Workforce categories.—The term \`workforce
categories' means a high-level grouping of tasks across an
organization as defined by work roles within the category.
“\(3\) Workforce framework.—The term \`workforce framework'
means a common taxonomy and lexicon for any given domain that
includes the building blocks of tasks, knowledge, or skills
that can be structured to form work roles or competency
areas.”.
\(b\) Expansion of Functions of Director of National
Institute of Standards and Technology To Include Workforce
Frameworks for Critical and Emerging Technologies.—Section
2\(b\) of such Act \(15 U.S.C. 272\(b\)\) is amended—
\(1\) in paragraph \(12\), by striking “; and” and inserting
a semicolon;
\(2\) in paragraph \(13\), by striking the period at the end
and inserting “; and”; and
\(3\) by adding at the end the following:
“\(14\)\(A\) to develop, maintain, and provide industry,
government, research, nonprofit, labor organizations, and
educational institutions with workforce frameworks for
critical and emerging technologies and other science,
technology, engineering, and mathematics domains for the
purpose of bolstering scientific and technical education,
training, and workforce development;
“\(B\) at least once every 3 years—
“\(i\) to determine if an update to any workforce framework,
or its components or associated materials, including work
roles or competency areas, provided pursuant to subparagraph
\(A\) are appropriate; and
“\(ii\) if the Director determines it is appropriate under
clause \(i\), to update such frameworks and components;
“\(C\) consider including in all workforce frameworks, or
associated materials—
“\(i\) relevant professional skills or employability skills;
“\(ii\) relevant support or operations work roles and
competency areas such as administration and finance, law and
policy, ethics, privacy, human resources, information
technology, operational technology, supply chain security,
and acquisition and procurement;
“\(iii\) information that promotes the discovery of careers
in critical and emerging technologies and the multiple career
pathways for learners from a variety of backgrounds,
including individuals with nontechnical or other
nontraditional backgrounds and education; and
“\(iv\) information for how individuals can acquire relevant
credentials \(e.g., academic degrees, certificates,
certifications, etc.\) that qualify individuals for employment
and career advancement;
“\(D\) consult, as the Director considers appropriate, with
Federal agencies, industry, State, local, Tribal, and
territorial government, nonprofit, labor organizations,
research, and academic institutions in the development of
workforce frameworks, or associated materials;
“\(E\) to produce resources in multiple languages to support
global adoption of the frameworks provided pursuant to
subparagraph \(A\); and
“\(F\) after each determination under subparagraph \(B\), to
submit to Congress a report on such determination and any
plans to review and update any workforce frameworks under
this paragraph.”.
\(c\) NICE Workforce Framework for Cybersecurity Update.—
\(1\) Report on updates.—
\(A\) In general.—Not later than 180 days after the date of
the enactment of this Act, and subsequently pursuant to
paragraph \(14\)\(F\) of section \(2\)\(b\) of the National Institute
of Standards and Technology Act \(15 U.S.C. 272\(b\)\), as added
by subsection \(b\) of this section, the Director of the
National Institute of Standards and Technology shall submit
to Congress a report that describes the process for ongoing
review and updates to the National Initiative for
Cybersecurity Education Workforce Framework for Cybersecurity
\(NIST Special Publication 800-181\), or a successor framework.
\(B\) Requirements.—Each report submitted pursuant to
subparagraph \(A\) shall—
\(i\) summarize proposed changes to the framework;
\(ii\) identify, with regard to the work roles, tasks,
knowledge, and skills included in the framework, how
industry, academia, labor organizations, and relevant
government agencies are consulted in the update; and
\(iii\) describe—
\(I\) the ongoing process and timeline for updating the
framework; and
\(II\) the incorporation of any additional work roles or
competency areas in domains such as administration and
finance, law and policy, ethics, privacy, human resources,
information technology, operational technology, supply chain
security, and acquisition and procurement.
\(2\) Report on application and use of nice framework.—Not
later than 3 years after the date of the enactment of this
Act and not less frequently than once every 3 years
thereafter for 9 years, the Director shall, in consultation
with industry, government, nonprofit, labor organizations,
research, and academic institutions, submit to Congress a
report that identifies—
\(A\) applications and uses of the framework described in
paragraph \(1\)\(A\) in practice;
\(B\) any guidance that the program office of the National
Initiative for Cybersecurity Education provides to increase
adoption by employers and education and training providers of
the work roles and competency areas for individuals who
perform cybersecurity work at all proficiency levels;
\(C\) available information regarding employer and education
and training provider use of the framework;
\(D\) an assessment of the use and effectiveness of the
framework by and for individuals with nontraditional
backgrounds or education, especially individuals making a
career change or not pursuing a bachelor's degree or higher;
and
\(E\) any additional actions taken by the Director to
increase the use of the framework.
\(3\) Cybersecurity career exploration resources.—The
Director, acting through the National Initiative for
Cybersecurity Education, shall disseminate cybersecurity
career resources for all age groups, including kindergarten
through secondary and postsecondary education and adult
workers.
\(d\) Additional Workforce Frameworks.—
\(1\) Framework assessment.—Not later than 180 days after
the date of the enactment of this Act, the Director shall
assess the need for additional workforce frameworks for
critical and emerging technologies, such as quantum
information science.
\(2\) Development of additional frameworks.—
\(A\) In general.—The Director shall develop and publish a
workforce framework for each additional workforce framework
that the Director determines is needed pursuant to an
assessment carried out pursuant to paragraph \(1\).
\(B\) Required ai framework.—Notwithstanding paragraph \(1\)
and subparagraph \(A\) of this paragraph, not less than 540
days after the date of the enactment of this Act, the
Director shall develop and publish a workforce framework,
workforce categories, work roles, and competency areas for
artificial intelligence.
\(3\) Model.—In developing a workforce framework under
paragraph \(2\), the Director may use the Playbook for
Workforce Frameworks developed by the National Initiative for
Cybersecurity Education that is modeled after the National
Initiative for Cybersecurity Education Workforce Framework
for Cybersecurity \(NIST Special Publication 800-181\), or a
successor framework.
\(4\) Framework components.—Each framework developed
pursuant to paragraph \(2\) shall include relevant support or
operations work roles and competency areas such as
administration and finance, law and policy, ethics, privacy,
human resources, information technology, operational
technology, supply chain security, and acquisition and
procurement, as the Director considers appropriate, in
alignment with paragraph \(14\)\(C\) of section 2\(b\) of the
National Institute of Standards and Technology Act \(15 U.S.C.
272\(b\)\), as added by subsection \(b\).
\(5\) Professional skills required.—Each framework developed
pursuant to paragraph
\(2\) shall include professional skills or employability
skills, as the Director considers appropriate, in alignment
with paragraph \(14\)\(C\) of section 2\(b\) of the National
Institute of Standards and Technology Act \(15 U.S.C. 272\(b\)\),
as added by subsection \(b\).
\(6\) Nontraditional backgrounds.—Each framework developed
under paragraph \(2\), or materials associated with each
framework, shall include information for how individuals with
nontechnical or other nontraditional backgrounds and
education may utilize their skills for such frameworks' roles
and tasks, in alignment with paragraph \(14\)\(D\) of section
2\(b\) of the such Act \(15 U.S.C. 272\(b\)\(14\)\(D\)\), as so added.
\(7\) Updates.—The Director shall update each framework
developed under paragraph \(2\) in accordance with subparagraph
\(B\) of paragraph \(14\) of section 2\(b\) of the National
Institute of Standards and Technology Act \(15 U.S.C. 272\(b\)\),
as added by subsection \(b\) of this section, and submit to
Congress reports in accordance with subparagraph \(F\) of such
paragraph.
SA 6421. Mr. PETERS \(for himself and Mrs. Blackburn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . NATIONAL MANUFACTURING ADVISORY COUNCIL.
\(a\) Definitions.—In this section:
\(1\) Advisory council.—The term “Advisory Council” means
the National Manufacturing Advisory Council established under
subsection \(b\).
\(2\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Commerce, Science, and Transportation
of the Senate;
\(B\) the Committee on Health, Education, Labor, and Pensions
of the Senate;
\(C\) the Committee on Energy and Natural Resources of the
Senate;
\(D\) the Committee on Armed Services of the Senate;
\(E\) the Committee on Appropriations of the Senate;
\(F\) the Committee on Small Business and Entrepreneurship of
the Senate;
\(G\) the Committee on Energy and Commerce of the House of
Representatives;
\(H\) the Committee on Education and Labor of the House of
Representatives;
\(I\) the Committee on Science, Space, and Technology of the
House of Representatives;
\(J\) the Committee on Armed Services of the House of
Representatives;
\(K\) the Committee on Appropriations of the House of
Representatives; and
\(L\) the Committee on Small Business of the House of
Representatives.
\(3\) Economically distressed area.—The term “economically
distressed area” means an area that meets 1 or more of the
requirements described in section 301\(a\) of the Public Works
and Economic Development Act of 1965 \(42 U.S.C. 3161\(a\)\).
\(4\) Rural area.—The term “rural area” means an area
located outside a metropolitan statistical area, as
designated by the Office of Management and Budget.
\(5\) Secretary.—The term “Secretary” means the Secretary
of Commerce.
\(b\) Establishment.—Not later than 180 days after the date
of enactment of this Act, the Secretary, in consultation with
the Secretary of Labor, the Secretary of Defense, the
Secretary of Energy, the United States Trade Representative,
and the Secretary of Education, shall establish within the
Department of Commerce the National Manufacturing Advisory
Council.
\(c\) Mission.—The mission of the Advisory Council shall be
to—
\(1\) provide a forum for—
\(A\) regular communication between the Federal Government
and the manufacturing sector, including manufacturing
workers, in the United States; and
\(B\) discussing and proposing solutions to problems relating
to the manufacturing sector in the United States, including
the manufacturing workforce, supply chain interruptions, and
regulatory and other logistical challenges;
\(2\) advise the Secretary regarding policies and programs of
the Federal Government that affect manufacturing, including
the manufacturing workforce, in the United States; and
\(3\) annually produce a national strategic plan, as
described in subsection \(g\), that provides recommendations to
the Secretary and the appropriate committees of Congress
regarding how to help the United States remain the preeminent
destination throughout the world for investment in
manufacturing, which shall be based on the execution of the
duties of the Advisory Council.
\(d\) Duties.—The duties of the Advisory Council shall
include the following:
\(1\) Meeting not less frequently than once every 180 days,
in a manner to be determined by the Secretary and that is in
compliance with chapter 10 of title 5, United States Code, in
order to provide independent advice and recommendations to
the Secretary regarding issues involving manufacturing in the
United States.
\(2\) Identifying and assessing the impact that technological
developments, critical production capacity, skill
availability, investment patterns, and emerging defense needs
have on the manufacturing competitiveness of the United
States and providing advice and recommendations to the
Secretary regarding that impact.
\(3\) Soliciting input from the public and private sectors
and academia relating to emerging trends in manufacturing,
and the responsiveness of Federal programming with respect to
manufacturing, and providing advice and recommendations to
the Secretary for areas of increased Federal attention with
respect to manufacturing.
\(4\) Identifying, and providing advice and recommendations
to the Secretary regarding, global and domestic manufacturing
trends, including on matters such as supply chain
interruptions, logistical challenges, and demographic and
technological changes affecting the manufacturing base in the
United States.
\(5\) Providing advice and recommendations to the Secretary
on matters relating to investment in, and support of, the
manufacturing workforce in the United States, including on
matters such as—
\(A\) worker participation in planning for the deployment of
new technologies across the manufacturing sector in the
United States and within workplaces in that sector;
\(B\) training and education priorities for the Federal
Government and employers to assist workers in adapting the
skills and experiences of those workers to fit the demands of
the manufacturing sector in the United States in the 21st
century;
\(C\) how the development of new technologies and processes
have impacted, and will impact, the manufacturing workforce
of the United States and the economy of the United States,
which shall be based on input from manufacturing workers;
\(D\) policies and procedures that expand access to jobs,
career advancement opportunities, and management
opportunities in the manufacturing sector in the United
States for low-income individuals in the United States, or
new entrants into that sector, in both urban and rural areas;
and
\(E\) how to improve access to demand-driven manufacturing-
related education, training, and re-training for workers,
including at community and technical colleges, through other
institutions of higher education, and through apprenticeships
and work-based learning opportunities.
\(6\) Providing recommendations to the Secretary on ways to—
\(A\) provide—
\(i\) manufacturing-related worker education, training, and
development; and
\(ii\) entrepreneurship training relating to manufacturing;
\(B\) connect individuals and businesses with services
described in subparagraph \(A\) that are offered in the
communities of those individuals or businesses;
\(C\) coordinate services relating to manufacturing employee
engagement, including employee ownership and workforce
training;
\(D\) connect manufacturers with community and technical
colleges, other institutions of higher education, State or
local workforce development boards established under section
101 or 107 of the Workforce Innovation and Opportunity Act
\(29 U.S.C. 3111, 3122\), labor organizations, and nonprofit
job training providers to develop and support training and
job placement services, and apprenticeship and online
learning platforms, for new and incumbent manufacturing
workers;
\(E\) integrate new technologies and processes into the
manufacturing sector in the United States and address the
workforce impacts of those new technologies and processes;
and
\(F\) develop best practices for manufacturers to
incorporate, or transition to, employee ownership structures.
\(7\) With respect to the matters described in paragraphs \(1\)
through \(6\), soliciting input from—
\(A\) economically distressed areas;
\(B\) geographically diverse regions of the United States,
including both urban and rural areas; and
\(C\) areas of the United States that have suffered mass
layoffs in the manufacturing sector.
\(8\) Identifying Federal, State, or other regulations that
may have caused, or will cause, unnecessary supply chain
disruptions, impaired business operations, increased prices,
or other costly burdens for consumers and the manufacturing
sector in the United States and recommending to the Secretary
steps to—
\(A\) mitigate those consequences; and
\(B\) foster an environment in the United States that is
favorable to manufacturers, manufacturing workers, and
consumers.
\(9\) Completing other specific tasks requested by the
Secretary.
\(e\) Membership.—
\(1\) In general.—The Advisory Council shall—
\(A\) consist of not more than 30 individuals appointed by
the Secretary with a balance of backgrounds, experiences, and
viewpoints; and
\(B\) include individuals with manufacturing experience who
represent—
\(i\) private industry, including small and medium-sized
manufacturers and any relevant standards development
organizations or relevant trade associations;
\(ii\) academia; and
\(iii\) labor.
\(2\) Public participation.—The Secretary shall, to the
maximum extent practicable, accept recommendations from the
public regarding the appointment of individuals under
paragraph \(1\).
\(3\) Period of appointment; vacancies.—
\(A\) In general.—Each member of the Advisory Council shall
be appointed by the Secretary for a term of 3 years.
\(B\) Renewal.—The Secretary may renew an appointment made
under subparagraph \(A\) for not more than 2 additional terms.
\(C\) Stagger terms.—The Secretary may stagger the terms of
the members of the Advisory Council to ensure that the terms
of those members expire during different years.
\(D\) Vacancies.—
\(i\) In general.—Subject to clause \(ii\), a member appointed
to fill a vacancy on the Advisory Council occurring before
the expiration of the term for which the predecessor of the
newly appointed member was appointed shall be appointed only
for the remainder of that term of the predecessor.
\(ii\) Further service.—A member of the Advisory Council who
is appointed for the remainder of a term of a predecessor
under clause \(i\) may serve after the expiration of that term
of the predecessor and until the date on which the Secretary
has appointed a successor.
\(f\) Transfer of Functions.—
\(1\) In general.—All functions of the United States
Manufacturing Council of the International Trade
Administration of the Department of Commerce, as in existence
on the day before the date of enactment of this Act, shall be
transferred to the Advisory Council.
\(2\) Deeming of name.—Any reference in any law, regulation,
document, paper, or other record of the United States to the
United States Manufacturing Council of the International
Trade Administration of the Department of Commerce shall be
deemed a reference to the Advisory Council.
\(3\) Existing advisory committee.—Any Federal advisory
committee of the Department of Commerce that is operating on
the day before the date of enactment of this Act under a
charter filed in accordance with section 1008\(c\) of title 5,
United States Code, for the purpose of addressing the
purposes and duties described in this section shall satisfy
the requirement under subsection \(b\) to establish the
Advisory Council if, not later than 180 days after that date
of enactment, the Federal advisory committee is modified, as
necessary, to comply with the requirements of this section.
\(g\) National Strategic Plan.—Not later than 180 days after
the date on which the Advisory Council holds the initial
meeting of the Advisory Council, and annually thereafter, the
Advisory Council shall submit to the Secretary and the
appropriate committees of Congress—
\(1\) a national strategic plan for manufacturing in the
United States that is based on the execution of the duties of
the Advisory Council under subsection \(d\); and
\(2\) a detailed statement of the activities that the
Advisory Council conducted to carry out the duties of the
Advisory Council under subsection \(d\).
\(h\) Departmental Support.—In accordance with prevailing
laws and regulations, the Secretary, as the Secretary
considers appropriate, shall furnish to the Advisory Council
relevant information that—
\(1\) is in the possession of the Department of Commerce; and
\(2\) relates to the mission of the Advisory Council.
\(i\) No Additional Funds Authorized.—No additional funds
are authorized to be appropriated to carry out this section.
\(j\) Sunset.—The Advisory Council shall terminate on
September 30 of the fifth year after the year in which the
Advisory Council holds the first meeting of the Advisory
Council.
SA 6422. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. PROTECTION OF RUBY MOUNTAINS, NEVADA.
\(a\) Withdrawal of Certain National Forest System Land.—
\(1\) Withdrawal.—Subject to valid existing rights, the
approximately 309,272 acres of Federal land and interests in
the land located in the Ruby Mountains subdistrict of the
Humboldt-Toiyabe National Forest within the area depicted on
the Forest Service map entitled “S. 258 Ruby Mountains
Protective Act” and dated December 5, 2019, as “National
Forest System Lands” are withdrawn from all forms of
operation under the mineral leasing laws.
\(2\) Application.—Any land or interest in land within the
boundary of the Ruby Mountains subdistrict of the Humboldt-
Toiyabe National Forest that is acquired by the United States
after the date of enactment of this Act shall be withdrawn in
accordance with paragraph \(1\).
\(3\) Availability of map.—The map described in paragraph
\(1\) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
\(b\) Withdrawal of Certain National Wildlife Refuge System
Land.—
\(1\) Withdrawal.—
\(A\) In general.—Subject to valid existing rights, the
approximately 39,926.10 acres of Federal land and interests
in the land located in the Ruby Lake National Wildlife Refuge
and depicted on the United States Fish and Wildlife Service
map entitled “S. XXX Ruby Mountains Protection Act” and
dated February 23, 2021, as “Ruby Lake National Wildlife
Refuge” are withdrawn from all forms of operation under the
mineral leasing laws, subject to subparagraph \(B\).
\(B\) Exception.—The withdrawal under subparagraph \(A\) shall
not apply to noncommercial refuge management activities by
the United States Fish and Wildlife Service.
\(2\) Application.—Any land or interest in land within the
boundary of the Ruby Lake National Wildlife Refuge that is
acquired by the United States after the date of enactment of
this Act shall be withdrawn in accordance with paragraph \(1\).
\(3\) Availability of map.—The map described in paragraph
\(1\)\(A\) shall be on file and available for public inspection
in the appropriate offices of the United States Fish and
Wildlife Service.
SA 6423. Ms. CORTEZ MASTO \(for herself and Ms. Rosen\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. . FEDERAL SHARING OF INFORMATION ABOUT VETERANS WITH
STATE AGENCIES.
\(a\) Sharing Required.—The Secretary of Veterans Affairs,
the Secretary of Defense, the Secretary of Homeland Security,
the Archivist of the United States, the Secretary of Labor,
and the head of any other Federal agency that collects,
maintains, or archives veteran-specific data relating to
service in the Armed Forces shall share such data with State
agencies that have a focus on helping veterans.
\(b\) Data.—Data shared under subsection \(a\) shall include
the following:
\(1\) Service treatment records.
\(2\) Information about service-connected disabilities.
\(3\) Any record necessary to determine eligibility of a
veteran for benefits and services from a State agency
described in subsection \(a\).
\(c\) Purpose.—Data shared under subsection \(a\) shall be for
the purpose of enabling State agencies described in such
subsection to provide services to veterans, including the
following:
\(1\) Admission to State Veterans' Homes.
\(2\) Disability and pension claims processing.
\(3\) Retirement corrections.
\(4\) Education benefits.
\(5\) The Department of Veterans Affairs Home Loan Guaranty
Program.
SA 6424. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VIII, insert the
following:
SEC. 8. DESIGNATION AND USE OF A GOVERNMENT-OWNED,
CONTRACTOR-OPERATED RAPID MANUFACTURING
FACILITY FOR UNCREWED SYSTEMS.
\(a\) Designation of Facility.—The Secretary of Defense
shall designate an existing Government-owned facility, or
modify an existing facility within the organic industrial
base, to function as a Government-owned, contractor-operated
rapid manufacturing facility \(in this section referred to as
the “Facility”\) for the purpose of supporting accelerated
production and integration of airborne and maritime uncrewed
systems.
\(b\) Purpose.—The purpose of the Facility shall be to
provide the Department of Defense with a surge-capable
capability to rapidly produce, reconfigure, and scale
uncrewed systems and associated payloads in response to
operational requirements and contingency planning needs.
\(c\) Activities.—The Facility shall—
\(1\) support the production of airborne and maritime
uncrewed systems, including attritable systems, loitering
munitions, autonomous surface vessels, and modular payloads;
\(2\) employ modular open architectures, digital engineering,
and advanced manufacturing techniques, including additive
manufacturing and automation, to enable flexible production;
\(3\) maintain the capability to shift production across
system types based on operational demand;
\(4\) prioritize systems capable of being fielded within 12
to 24 months using iterative development and deployment
approaches; and
\(5\) support rapid transition from prototyping to production
consistent with existing Department of Defense acquisition
authorities.
\(d\) Operation.—
\(1\) Contract.—The Secretary shall provide for the
operation of the Facility through a competitively awarded
contract or consortium agreement using existing contracting
authorities.
\(2\) Priority in operator selection.—In selecting an
operator for the award of a contract or agreement under
paragraph \(1\), the Secretary shall prioritize entities with
demonstrated experience in rapid prototyping, advanced
manufacturing, and defense system integration.
\(e\) Integration With Existing Efforts.—In carrying out
this section, the Secretary shall ensure coordination with,
and avoid duplication of, existing Department of Defense
efforts, including—
\(1\) the Defense Innovation Unit;
\(2\) the Department of Defense Manufacturing Innovation
Institutes;
\(3\) the Manufacturing Technology Program; and
\(4\) the transition activities of the Defense Advanced
Research Projects Agency.
\(f\) Workforce Development.—The Secretary shall use the
Facility, to the maximum extent practicable, to support
training and reskilling of Department of Defense personnel
and members of the defense industrial workforce in advanced
manufacturing, digital engineering, and agile production
methods, using existing training programs and authorities.
\(g\) Limitation.—The Facility may not be used for the
production of major defense acquisition program platforms,
including ships and submarines.
\(h\) Implementation Plan.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
describing—
\(1\) the facility designated under subsection \(a\);
\(2\) the manner by which existing authorities, facilities,
and appropriations will be used to carry out this section;
\(3\) the management and contracting structure for the
Facility; and
\(4\) metrics to evaluate production speed, flexibility, and
operational relevance.
\(i\) Budget Neutrality.—
\(1\) No additional funds authorized.—No additional funds
are authorized to be appropriated to carry out this section.
\(2\) Use of existing resources.—The Secretary of Defense
shall carry out this section using amounts otherwise
authorized and appropriated for the Department of Defense.
\(3\) No new program element required.—Nothing in this
section shall be construed to require the establishment of a
new program element or budget line.
\(j\) Rule of Construction.—Nothing in this section may be
construed to alter or expand the statutory requirements
applicable to major defense acquisition programs or to create
a new acquisition category.
SA 6425. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. ADDITION TO DEFINITION OF “CRITICAL
TECHNOLOGIES” FOR REVIEWS BY COMMITTEE ON
FOREIGN INVESTMENT IN THE UNITED STATES.
Section 721\(a\)\(6\)\(A\) of the Defense Production Act of 1950
\(50 U.S.C. 4565\(a\)\(6\)\(A\)\) is amended by adding at the end the
following:
“\(vii\) Critical and emerging technologies identified in
the most recent update to the Critical and Emerging
Technologies List published by the National Science and
Technology Council.”.
SA 6426. Ms. CORTEZ MASTO submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XV, insert the following:
SEC. \_\_. SPACE CONTROL AND SPACE SUPERIORITY READINESS.
\(a\) Findings.—Congress finds the following:
\(1\) The space domain is critical to deterrence and
warfighting.
\(2\) The United States must maintain the ability to achieve
space control in a conflict with the People's Republic of
China.
\(b\) Wargaming, Modeling, and Simulation.—The Secretary of
Defense shall expand the capacity of the Space Force to
conduct wargaming, modeling, and simulation of peer conflict
scenarios in the space domain.
\(c\) Training.—The Secretary of Defense shall develop
training programs for space operators focused on tactics,
techniques, and procedures necessary for space control
operations.
\(d\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on—
\(A\) Chinese commercial space capabilities; and
\(B\) the potential military applications of such
capabilities.
\(2\) Form.—The report required by paragraph \(1\) shall be
submitted in unclassified form.
SA 6427. Ms. CORTEZ MASTO \(for herself and Ms. Ernst\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Pacific Partnership Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Pacific Partnership
Act”.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress as follows:
\(1\) The United States has longstanding and enduring
cultural, historic, economic, strategic, and people-to-people
connections with the Pacific Islands, based on shared values,
cultural histories, common interests, and a commitment to
fostering mutual understanding and cooperation.
\(2\) Successive United States administrations have
recognized the critical importance of the Pacific Islands, to
the world in high-level strategic documents, including the—
\(A\) 2015 National Security Strategy, which first declared
the rebalance to Asia and the Pacific, affirmed the United
States as a Pacific nation, and paved the way for subsequent
United States engagement with the Pacific Islands;
\(B\) 2017 National Security Strategy, which includes a
commitment to “shore up fragile partner states in the
Pacific Islands region to reduce their vulnerability to
economic fluctuations and natural disasters”;
\(C\) 2019 Indo-Pacific Strategy Report, which identified the
Pacific Islands as “critical to United States strategy
because of our shared values, interests, and commitments”;
\(D\) 2022 Indo-Pacific Strategy Report, which recognized the
need to engage further with the Pacific Islands on shared
security goals; and
\(E\) 2022 Strategy for Pacific Partnership, which outlined
goals and methods for deepening the United States
partnerships with Pacific Island nations.
\(3\) The United States Government should further develop,
expand, and support a comprehensive and multifaceted United
States policy for the Pacific Islands that—
\(A\) promotes peace, security, and prosperity for all
countries that respects the sovereignty and political
independence of all nations;
\(B\) preserves the Pacific Ocean as a corridor for
international maritime economic opportunities and growth and
promotes sustainable development;
\(C\) supports regional efforts to address shared challenges,
including by strengthening resilience to natural disasters
and stewardship of natural resources; and
\(D\) strengthens democratic governance and the rule of law,
and promotes internationally recognized human rights and the
preservation of the region's cultural heritages.
\(4\) The United States should collaborate closely with
existing regional multilateral institutions and frameworks,
such as the Pacific Islands Forum and the Pacific Community.
\(5\) The United States should work closely with United
States allies and partners with existing relationships and
interests in the Pacific Islands, such as Australia, Japan,
South Korea, New Zealand, and Taiwan, and regional
institutions like the Pacific Islands Forum.
SEC. 1283. STRATEGY FOR PACIFIC PARTNERSHIP.
\(a\) In General.—Not later than January 1, 2026, and again
not later than January 1, 2030, the President, in
coordination with the Secretary of State, shall develop and
submit to the appropriate congressional committees a strategy
entitled the “Strategy for Pacific Partnership” \(in this
section referred to as the “Strategy”\).
\(b\) Matters To Be Included.—The Strategy shall include
each of the following:
\(1\) A description of overarching goals for United States
engagement in the Pacific Islands region, including United
States diplomatic posts, defense posture, and economic
engagement.
\(2\) An assessment of threats and pressures to the Pacific
Islands region including those caused by factors such as—
\(A\) natural disasters;
\(B\) illegal, unreported, and unregulated fishing;
\(C\) non-United States military presence and activity;
\(D\) developmental challenges;
\(E\) economic coercion and corruption; and
\(F\) other factors assessed to be causing a direct risk to
the United States national interests in the Pacific Islands.
\(3\) A plan to address the threats assessed pursuant to
paragraph \(2\).
\(4\) A plan for the resources necessary for the United
States to meet its goals in the Pacific Islands region.
\(5\) Mechanisms, including existing forums, for coordinating
and cooperating on shared goals among the following, as
appropriate:
\(A\) the governments of Pacific Island countries;
\(B\) regional partners in the Pacific Islands region,
including multilateral forums and organizations, such as the
Pacific Islands Forum;
\(C\) civil society in the Pacific Islands; and
\(D\) United States subnational governments in the Pacific.
\(c\) Consultation.—In developing the Strategy, the
President should consult, as appropriate, with—
\(1\) relevant United States governmental agencies;
\(2\) regional organizations, such as the Pacific Islands
Forum, the Pacific Islands Development Program, the Pacific
Community, the Forum Fisheries Agency, and the Secretariat of
the Pacific Regional Environment Programme;
\(3\) the governments of the countries in the Pacific
Islands;
\(4\) civil society stakeholders;
\(5\) United States allies and partners; and
\(6\) United States Pacific territories and States.
SEC. 1284. ALLIES AND PARTNERS IN THE PACIFIC ISLANDS REGION.
\(a\) In General.—The President, in consultation with the
Secretary of State, and the relevant heads of other Federal
departments and agencies, should consult and coordinate with
allies and partners in the Pacific Islands region, including
Australia, Japan, New Zealand, Taiwan, and regional
institutions, such as the Pacific Islands Forum, the Pacific
Islands Development Program, the Pacific Community and
Secretariat for the Pacific Regional Environment Programme,
with respect to programs to provide assistance to the Pacific
Islands, including for purposes of—
\(1\) deconflicting programming;
\(2\) ensuring that any programming does not adversely affect
the absorptive capacity of the Pacific Islands;
\(3\) ensuring complementary programs benefit the Pacific
Islands to the maximum extent practicable; and
\(4\) ensuring that programming aligns with regional
development goals to promote a shared vision for the future
of the Pacific Islands.
\(b\) Formal Consultative Process.—The President should
establish a formal consultative process with such regional
allies and partners to coordinate with respect to such
programs and future-years programming.
SEC. 1285. REPORTING.
\(a\) Updates of Certain Reports.—
\(1\) In general.—The Secretary of State, in coordination
with the heads of other Federal departments and agencies as
appropriate, shall annually update the reports listed in
paragraph \(2\) to include within the scope of such reports a
regional discussion of transnational crime affecting the
Pacific Islands.
\(2\) Reports listed.—The reports listed in this paragraph
are the following:
\(A\) The International Narcotics Control Strategy report
required by section 489 of the Foreign Assistance Act of 1961
\(22 U.S.C. 2291h\).
\(B\) The Improving International Fisheries Management report
required by section 607 of title VI of the Fisheries Act of
1995 \(16 U.S.C. 1826h\).
\(C\) The Trafficking in Persons report submitted under
section 110 of the Trafficking Victims Protection Act of 2000
\(22 U.S.C. 7107\).
\(b\) Modification to Report on Indo-Pacific Region.—Section
5595\(c\) of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023 \(Public Law 117-263; 136 Stat. 3393\)
is amended—
\(1\) by striking paragraph \(1\) and redesignating paragraph
\(2\) as paragraph \(1\);
\(2\) in paragraph \(1\), as so redesignated, by striking “the
2022 Indo-Pacific Strategy, or successor documents,” and
inserting “any relevant guidance documents”; and
\(3\) by inserting after paragraph \(1\), as so redesignated,
the following:
“\(2\) Implementing any relevant guidance documents that set
forth the United States Government strategy toward the
Pacific Islands region.”.
SEC. 1286. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Affairs of the House of
Representatives; and
\(B\) the Committee on Foreign Relations of the Senate.
\(2\) Pacific islands; pacific islands region.—The term
“Pacific Islands” and “Pacific Islands region” mean the
nations, territories, and other jurisdictions in the Pacific
Ocean within the broad groupings of Melanesia, Micronesia,
and Polynesia.
SA 6428. Mr. RICKETTS \(for himself, Mrs. Fischer, Mr. Marshall, Mr. Young, Mr. Sullivan, Ms. Lummis, Mrs. Britt, and Mr. Grassley\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. STOP INSIDER TRADING ACT.
\(a\) Short Title.—This section may be cited as the “Stop
Insider Trading Act”.
\(b\) Restrictions on Covered Investments.—
\(1\) Table of contents.—The table of contents for chapter
131 of title 5, United States Code, is amended by adding at
the end the following:
“subchapter iv—restrictions on covered investments
- “13151. Definitions.
- “13152. Restrictions on covered investments.
- “13153. Penalties.”.
\(2\) Restrictions.—Chapter 131 of title 5, United States
Code, is amended by adding at the end the following:
“SUBCHAPTER IV—RESTRICTIONS ON COVERED INVESTMENTS
“Sec. 13151. Definitions
“In this subchapter:
“\(1\) Covered individual.—The term \`covered individual'
means any of the following:
“\(A\) A Member of Congress, as defined in section 13101.
“\(B\) A dependent child \(as defined in section 13101\) or a
spouse of a Member of Congress.
“\(2\) Covered investment.—
“\(A\) In general.—The term \`covered investment' means—
“\(i\) a security issued by a publicly traded company; or
“\(ii\) any derivative, option, warrant, swap, or other
instrument that provides economic exposure to, or the value
of which is determined by reference to, a security described
in clause \(i\).
“\(B\) Exclusion.—The term \`covered investment' does not
include—
“\(i\) an excepted investment fund \(as described in section
13104\(f\)\(8\)\);
“\(ii\) any other fund that would be an excepted investment
fund but for the fact that the fund does not meet the
diversification requirement solely because the fund is
concentrated in—
“\(I\) the United States; or
“\(II\) the State, territory, or District of residence of
the covered individual who owns the fund;
“\(iii\) an interest in a small business concern, as defined
in section 3 of the Small Business Act \(15 U.S.C. 632\); or
“\(iv\) any investment held in a trust if—
“\(I\) no covered individual has any authority, directly or
indirectly, to direct, veto, or materially influence any
specific investment decisions of the trust, including any
right to approve, disapprove, or require particular
purchases, sales, or investment strategies; and
“\(II\) the trustee of the trust is not the spouse, child,
parent, or sibling of a Member of Congress.
“\(3\) Publicly traded company.—The term \`publicly traded
company' means an issuer that has a class of securities
registered under section 12 of the Securities Exchange Act of
1934 \(15 U.S.C. 78l\).
“\(4\) Security.—The term \`security' has the meaning given
the term in section 3\(a\) of the Securities Exchange Act of
1934 \(15 U.S.C. 78c\(a\)\).
“\(5\) Supervising ethics office.—The term \`supervising
ethics office' has the meaning given the term in section
13101.
“Sec. 13152. Restrictions on covered investments
“\(a\) Conduct During Federal Service.—Except as described
in subsection \(c\), no covered individual may purchase a
covered investment.
“\(b\) Advanced Notice Requirement.—
“\(1\) In general.—No covered individual may sell a covered
investment, unless a notice of intent to sell the covered
investment is made by the relevant Member of Congress, on
behalf of the Member of Congress or the spouse or dependent
child of the Member of Congress, as applicable, and publicly
disclosed at least 7 calendar days, and not more than 14
calendar days, prior to the sale in accordance with the
requirements of this subsection.
“\(2\) Contents of notice.—The notice under paragraph \(1\)
shall include the following:
“\(A\) The projected date of sale of a covered investment.
“\(B\) A description of such sale.
“\(C\) The number of shares in such sale.
“\(3\) Withdrawal.—The notice under paragraph \(1\) shall be
withdrawn by the Member of Congress who filed it, prior to
the close of the expiration of the notice, if the covered
individual to whom the notice applies determines not to sell
the covered investment.
“\(4\) Filing.—A Member of Congress shall file the notice
under paragraph \(1\) for each intended sale by the Member of
Congress, or the spouse or dependent child of the Member of
Congress, with—
“\(A\) the Clerk of the House of Representatives, in the
case of a Representative in Congress, a Delegate to Congress,
or the Resident Commissioner from Puerto Rico; or
“\(B\) the Secretary of the Senate, in the case of a
Senator.
“\(5\) Publication.—The notice under paragraph \(1\) and the
withdrawal under paragraph \(3\) shall, upon receipt, be made
publicly available on a website controlled by the Clerk of
the House of Representatives or the Secretary of the Senate,
as applicable.
“\(c\) Exceptions.—
“\(1\) Occupation.—The requirements of subsections \(a\) and
\(b\) shall not apply to a spouse or dependent child of a
Member of Congress with respect to a transaction in a covered
investment which is—
“\(A\) on behalf, or for the benefit, of any person other
than a covered individual; or
“\(B\) made as a part of compensation from an employer of
such individual or in furtherance of any fiduciary or
occupational obligations of such individual.
“\(2\) Other.—The requirements of subsection \(a\) shall not
apply to a covered individual with respect to a transaction
in a covered investment made for the purpose of reinvesting
dividends received from such covered investment.
“Sec. 13153. Enforcement
“\(a\) In General.—Any covered individual who violates the
restrictions under section 13152 with respect to a covered
investment, shall, at the direction of the supervising ethics
office—
“\(1\) incur a fee, as calculated under subsection \(b\), to
be paid by the Member of Congress who—
“\(A\) caused the violation; or
“\(B\) is the spouse or parent of the covered individual who
caused the violation; and
“\(2\) in the case of a purchase of a covered investment, be
required to sell the covered investment purchased in
violation of section 13152\(a\).
“\(b\) Calculation of Fees.—The fee required under
subsection \(a\)\(1\) shall be equal to the sum of—
“\(1\) $2,000 or 10 percent of the value of the transaction
in the covered investment that violates section 13152,
whichever is greater; and
“\(2\) the net gain realized, if any, from the covered
investment during the period beginning on the most recent
date on which the individual became a covered individual and
ending on the date of disposition of the covered investment,
as determined by the supervising ethics office.
“\(c\) Payment Restrictions.—A Member of Congress may not
pay any of the fees under this section by using amounts from
the following sources:
“\(1\) If the covered individual is a Senator, the Senators'
Official Personnel and Office Expense Account.
“\(2\) If the covered individual is a Member of the House of
Representatives, the Members' Representational Allowance.
“\(3\) Any contribution \(as defined in section 301 of the
Federal Election Campaign Act of 1971 \(52 U.S.C. 30101\)\)
accepted as a candidate \(as defined in that section\), and any
other donation received as support for activities of the
covered individual as a holder of Federal office \(as defined
in that section\).
“\(d\) Miscellaneous Receipts.—Any amounts collected in
fees authorized by this section shall be deposited in the
general fund of the Treasury as miscellaneous receipts in
accordance with section 3302\(b\) of title 31.
“\(e\) Referral.—Upon the assessment of a fee under this
section, the supervising ethics office may refer a Member of
Congress to the Attorney General in the same manner and to
the same extent as a violation under section 13106 if such
Member of Congress resigns or retires before paying such
assessed fee.
“\(f\) Interpretative Guidance.—Each supervising ethics
office may issue interpretative guidance relating to this
subchapter and, in issuing such guidance, may consider
mitigating or aggravating circumstances.”.
\(3\) Effective date.—The amendments made by this subsection
shall take effect on the date that is 180 days after the date
of enactment of this Act.
SA 6429. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 1. EXEMPTIONS FROM CERCLA LIABILITY FOR RELEASES OF
PFAS.
\(a\) Definitions.—In this section:
\(1\) Agricultural producer.—The term “agricultural
producer” means a person engaged in the production or
harvesting of agricultural products \(as defined in section
207 of the Agricultural Marketing Act of 1946 \(7 U.S.C.
1626\)\).
\(2\) Compost.—The term “compost” has the meaning given
the term in section 205.2 of title 7, Code of Federal
Regulations \(or a successor regulation\).
\(3\) Covered perfluoroalkyl or polyfluoroalkyl substance.—
The term “covered perfluoroalkyl or polyfluoroalkyl
substance” means a non-polymeric perfluoroalkyl or
polyfluoroalkyl substance that contains at least 2 sequential
fully fluorinated carbon atoms, excluding gases and volatile
liquids, that is a hazardous substance \(as defined in section
101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 \(42 U.S.C. 9601\)\).
\(4\) Fire suppression entity.—The term “fire suppression
entity” means an entity with a fire suppression system
installed, or otherwise in use, in accordance with applicable
Federal, State, and local fire codes that uses an aqueous
film forming foam that contains a covered perfluoroalkyl or
polyfluoroalkyl substance.
\(5\) Indian tribe.—The term “Indian Tribe” has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act \(25 U.S.C. 5304\).
\(6\) Lawful discharge.—The term “lawful discharge”, with
respect to an aqueous film forming foam agent, means a
release of the aqueous film forming foam agent through
equipment calibration, firefighter training, a timed-response
drill, a scheduled release, an emergency response activity,
or the use of a fire suppression system.
\(7\) Resource management entity.—The term “resource
management entity” means an owner or operator \(as defined in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 \(42 U.S.C. 9601\)\)
of—
\(A\) a solid waste management facility \(as defined in
section 1004 of the Solid Waste Disposal Act \(42 U.S.C.
6903\)\); or
\(B\) a facility that processes compost for sale or
distribution to the public.
\(8\) Sponsor.—The term “sponsor” has the meaning given
the term in section 47102 of title 49, United States Code.
\(9\) Water or wastewater entity.—The term “water or
wastewater entity” means—
\(A\) a public water system \(as defined in section 1401 of
the Safe Drinking Water Act \(42 U.S.C. 300f\)\);
\(B\) a publicly or privately owned or operated treatment
works \(as defined in section 212 of the Federal Water
Pollution Control Act \(33 U.S.C. 1292\)\);
\(C\) a municipality to which a permit under section 402 of
the Federal Water Pollution Control Act \(33 U.S.C. 1342\) is
issued for stormwater discharges;
\(D\) a political subdivision of a State or a special
district of a State acting as a wholesale water agency; and
\(E\) a contractor performing the management or disposal
activities described in subsection \(b\)\(2\)\(D\) for an entity
described in any of subparagraphs \(A\) through \(D\).
\(b\) Exemption for Fire Suppression Entities, Resource
Management Entities, Sponsors, and Water or Wastewater
Entities.—
\(1\) In general.—Subject to paragraph \(2\), no person
\(including the United States, any State, or an Indian Tribe\)
may recover costs or damages from a fire suppression entity,
a resource management entity, a sponsor, including a sponsor
of the civilian portion of a joint-use airport or a shared-
use airport \(as those terms are defined in section 139.5 of
title 14, Code of Federal Regulations \(or a successor
regulation\)\), or a water or wastewater entity, or compel a
resource management entity to conduct or participate in a
removal or response action, under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 \(42 U.S.C. 9601 et seq.\) for costs of responding to,
abating, removing, remediating, or other damages or costs
arising from a release or threatened release to the
environment of a covered perfluoroalkyl or polyfluoroalkyl
substance.
\(2\) Requirements.—Paragraph \(1\) shall only apply under the
following circumstances:
\(A\) Fire suppression entities.—In the case of a release or
threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a fire suppression entity, if
the release or threatened release resulted from the lawful
discharge of an aqueous film forming foam in connection with
a fire suppression system that—
\(i\) conforms to applicable Federal, State, and local fire
codes; and
\(ii\) is compliant with the most recently approved
engineering standards at the time of the discharge.
\(B\) Resource management entities.—In the case of a release
or threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a resource management entity, if
the release or threatened release resulted from—
\(i\) the disposal, management, transportation, processing,
treatment, generation, or arrangement for disposal of any
residuals or byproduct of municipal solid waste \(including
landfill leachate\) in accordance with a permit, registration,
license, regulation, or authorization issued under the
Federal Water Pollution Control Act \(33 U.S.C. 1251 et seq.\),
the Solid Waste Disposal Act \(42 U.S.C. 6901 et seq.\), or
similar State or local authority;
\(ii\) the disposal or management of biosolids consistent
with section 405 of the Federal Water Pollution Control Act
\(33 U.S.C. 1345\); or
\(iii\) the application or processing of compost in
accordance with State law.
\(C\) Sponsors.—In the case of a release or threatened
release of a covered perfluoroalkyl or polyfluoroalkyl
substance by a sponsor—
\(i\) if the release or threatened release resulted from the
use of an aqueous film forming foam; and
\(ii\) if the use described in clause \(i\) was—
\(I\) required by the Federal Aviation Administration for
compliance with part 139 of title 14, Code of Federal
Regulations \(or successor regulations\); and
\(II\) carried out in accordance with Federal Aviation
Administration standards and guidance on the use of that
substance.
\(D\) Water or wastewater entities.—In the case of a release
or threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by a water or wastewater entity, if
the water or wastewater entity transported, treated, disposed
of, or arranged for the transport, treatment, or disposal of
the covered perfluoroalkyl or polyfluoroalkyl substance—
\(i\) in a manner consistent with all applicable laws at the
time the activity was carried out; and
\(ii\) during and following the conveyance or treatment of
water under Federal or State law, including through—
\(I\) the management or disposal of biosolids consistent with
section 405 of the Federal Water Pollution Control Act \(33
U.S.C. 1345\);
\(II\) the discharge of effluent in accordance with a permit
issued under section 402 of the Federal Water Pollution
Control Act \(33 U.S.C. 1342\);
\(III\) the release or disposal of water treatment residuals
or any other byproduct of drinking water or wastewater
treatment activities, such as granulated activated carbon,
filter media, and processed waste streams; or
\(IV\) the conveyance or storage of water for the purpose of
conserving or reclaiming the water for water supply.
\(c\) Exemption for Agricultural Producers.—No person
\(including the United States, any State, or an Indian Tribe\)
may recover costs or damages from an agricultural producer
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 \(42 U.S.C. 9601 et seq.\) for costs
of responding to, abating, removing, remediating, or other
damages or costs arising from a release or threatened release
to the environment of a covered perfluoroalkyl or
polyfluoroalkyl substance.
\(d\) Savings Provision.—Nothing in this section precludes
liability for damages or costs associated with the release or
threatened release of a covered perfluoroalkyl or
polyfluoroalkyl substance by—
\(1\) an agricultural producer, a resource management entity,
or a water or wastewater entity if the agricultural producer,
resource management entity, or water or wastewater entity
acted with gross negligence or willful misconduct in the
discharge, disposal, management, conveyance, storage,
transportation, processing, treatment, generation, or
arrangement for disposal of the covered perfluoroalkyl or
polyfluoroalkyl substance;
\(2\) a fire suppression entity if the fire suppression
entity—
\(A\) acted with gross negligence or willful misconduct in
the discharge of the covered perfluoroalkyl or
polyfluoroalkyl substance; or
\(B\) continues to use an aqueous film forming foam agent in
the fire suppression system of the fire suppression entity on
or after the date that is 5 years after the date on which
approved engineering standards were updated to no longer
require the use of an aqueous film forming foam; or
\(3\) a sponsor if the sponsor acted with gross negligence or
willful misconduct in the use of an aqueous film forming
foam.
SA 6430. Ms. ALSOBROOKS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 358. ESTABLISHMENT OF DIGITAL AIR TRAFFIC CONTROL TOWER
CAPABILITIES AT MILITARY INSTALLATIONS.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
establish digital air traffic control tower capabilities at
not fewer than one military installation in order to
modernize military air traffic control, improve controller
safety, and increase operational efficiency.
\(b\) Selection.—In carrying out subsection \(a\), the
Secretary shall select a military installation with
significant air traffic control needs, including after
consideration of installations with dense or complex air
traffic patterns, high aircraft movement volume, multi-
service aviation operations, constrained controller staffing,
or other operational conditions requiring enhanced air
traffic control capability.
\(c\) Capabilities.—A digital air traffic control tower
capability established under this section shall, to the
maximum extent practicable, include—
\(1\) secure digital, 360-degree visualization of the
airfield environment in lieu of, or supplemental to, a
traditional tower view;
\(2\) controller working positions and system architecture
capable of supporting safe air traffic control operations
from a remote, local, or centralized location;
\(3\) a scalable, modular, or deployable configuration
adaptable to varying mission requirements;
\(4\) integrated cameras, sensors, surveillance inputs, and
digital data feeds to enhance controller situational
awareness;
\(5\) display augmentation capabilities identifying and
labeling aircraft and other objects of interest, including
call sign, speed, heading, and other relevant operational
information;
\(6\) infrared or comparable enhanced-visibility capabilities
for night operations, degraded visual environments, and
inclement weather;
\(7\) the ability to transmit visual feeds and operational
data to a consolidated air operations center or other
centralized command facility; and
\(8\) the ability to reduce reliance on conventional tower
infrastructure while preserving aviation safety, resiliency,
and continuity of operations.
\(9\) approved for use in the National Airspace System by the
Federal Aviation Administration.
\(d\) Implementation Plan and Briefing.—
\(1\) Implementation plan.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan
for implementation of this section, including—
\(A\) the basis for selecting the military installation
required under subsection \(a\);
\(B\) operational requirements;
\(C\) safety and certification considerations;
\(D\) barriers to deployment; and
\(E\) any anticipated cost savings or cost avoidance achieved
through reduced reliance on the construction, sustainment,
and maintenance of traditional air traffic control tower
infrastructure.
\(2\) Briefing.—Not later than 90 days after the date on
which the Secretary establishes the capability required by
subsection \(a\), the Secretary of Defense shall provide to the
congressional defense committees a briefing on implementation
of this section, including—
\(A\) operational effectiveness;
\(B\) cost savings or cost avoidance as compared to
traditional air traffic control tower maintenance and
sustainment; and
\(C\) recommendations for broader fixed and deployable
digital air traffic control tower implementation.
\(e\) Digital Air Traffic Control Tower Defined.—In this
section, the term “digital air traffic control tower” means
a system that uses cameras, sensors, and digital technology
to provide air traffic control services from a location other
than a traditional physical tower structure, including from a
local, remote, or centralized facility.
SA 6431. Mr. MERKLEY \(for himself and Mr. Wyden\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10\_\_. REAUTHORIZATION OF DESCHUTES RIVER CONSERVANCY
WORKING GROUP.
\(a\) Definition of Working Group.—Section 301\(a\) of the
Oregon Resource Conservation Act of 1996 \(Public Law 104-208;
110 Stat. 3009-534; 122 Stat. 836\) is amended by striking
paragraph \(1\) and inserting the following:
“\(1\) Working group.—The term \`Working Group' means the
Deschutes River Conservancy Working Group composed of a board
of directors of not fewer than 10, but not more than 15,
members nominated by the group represented by the member, of
whom—
“\(A\) 2 members shall be representatives of the
environmental community in the Deschutes River Basin;
“\(B\) 2 members shall be representatives of the irrigated
agriculture community in the Deschutes River Basin;
“\(C\) 2 members shall be representatives of the
Confederated Tribes of the Warm Springs Reservation of
Oregon;
“\(D\) 1 member shall be a representative of the
hydroelectric production community in the Deschutes River
Basin;
“\(E\) 1 member shall be a representative of 1 of the
Federal agencies with authority and responsibility in the
Deschutes River Basin;
“\(F\) 1 member shall be a representative of an agency of
the State of Oregon with authority and responsibility in the
Deschutes River Basin, such as—
“\(i\) the Oregon Department of Fish and Wildlife; or
“\(ii\) the Oregon Water Resources Department; and
“\(G\) 1 member shall be a representative of a unit of local
government in the Deschutes River Basin.”.
\(b\) Reauthorization; Administrative Costs.—Section 301 of
the Oregon Resource Conservation Act of 1996 \(Public Law 104-
208; 110 Stat. 3009-534; 122 Stat. 836\) is amended—
\(1\) in subsection \(b\)—
\(A\) in paragraph \(3\), by striking “2016” and inserting
“2032”; and
\(B\) in paragraph \(6\), by striking “5 percent” and
inserting “10 percent”; and
\(2\) in subsection \(h\), by striking “2016” and inserting
“2032”.
SA 6432. Mr. MERKLEY \(for himself and Mr. Wyden\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10\_\_. ADDITIONS TO THE SMITH RIVER NATIONAL RECREATION
AREA; WILD AND SCENIC RIVER DESIGNATIONS.
\(a\) Definitions.—Section 3 of the Smith River National
Recreation Area Act \(16 U.S.C. 460bbb-1\) is amended—
\(1\) in paragraph \(1\), by striking “referred to in section
4\(b\)” and inserting “entitled \`Proposed Smith River
National Recreation Area' and dated July 1990”; and
\(2\) in paragraph \(2\), by striking “the Six Rivers National
Forest” and inserting “an applicable unit of the National
Forest System”.
\(b\) Boundaries.—Section 4\(b\) of the Smith River National
Recreation Area Act \(16 U.S.C. 460bbb-2\(b\)\) is amended—
\(1\) in paragraph \(1\)—
\(A\) in the first sentence, by inserting “and on the map
entitled \`Proposed Additions to the Smith River National
Recreation Area' and dated January 23, 2023” after “1990”;
and
\(B\) in the second sentence, by striking “map” and
inserting “maps”; and
\(2\) in paragraph \(2\), by striking “map” and inserting
“maps described in paragraph \(1\)”.
\(c\) Administration.—Section 5 of the Smith River National
Recreation Area Act \(16 U.S.C. 460bbb-3\) is amended—
\(1\) in subsection \(b\)—
\(A\) in paragraph \(1\), in the first sentence, by striking
“the map” and inserting “the maps”; and
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(A\), by striking “area shall be on”
and inserting “area and any portion of the recreation area
in the State of Oregon shall be on roadless”; and
\(ii\) by adding at the end the following:
“\(I\) The Kalmiopsis Wilderness shall be managed in
accordance with the Wilderness Act \(16 U.S.C. 1131 et
seq.\).”;
\(2\) in subsection \(c\), by striking “by the amendments made
by section 10\(b\) of this Act” and inserting “within the
recreation area”; and
\(3\) by adding at the end the following:
“\(d\) Study; Report.—
“\(1\) In general.—Not later than 5 years after the date of
enactment of this subsection, the Secretary shall conduct a
study of the area depicted on the map entitled \`Proposed
Additions to the Smith River National Recreation Area' and
dated January 23, 2023, that includes inventories and
assessments of streams, fens, wetlands, lakes, other water
features, and associated land, plants \(including Port-Orford-
cedar\), animals, fungi, algae, and other values, and unstable
and potentially unstable aquatic habitat areas in the study
area.
“\(2\) Modification of management plans; report.—On
completion of the study under paragraph \(1\), the Secretary
shall—
“\(A\) modify any applicable management plan to fully
protect the inventoried values under the study, including to
implement additional standards and guidelines; and
“\(B\) submit to Congress a report describing the results of
the study.
“\(e\) Wildfire Management.—Nothing in this Act affects the
authority of the Secretary \(in cooperation with other
Federal, State, and local agencies, as appropriate\) to
conduct wildland fire operations within the recreation area,
consistent with the purposes of this Act.
“\(f\) Vegetation Management.—Nothing in this Act prohibits
the Secretary from conducting vegetation management projects
\(including wildfire resiliency and forest health projects\)
within the recreation area, to the extent consistent with the
purposes of the recreation area.
“\(g\) Application of Northwest Forest Plan and Roadless
Rule to Certain Portions of the Recreation Area.—Nothing in
this Act affects the application of the Northwest Forest Plan
or part 294 of title 36, Code of Federal Regulations
\(commonly referred to as the \`Roadless Rule'\) \(as in effect
on the date of enactment of this subsection\), to portions of
the recreation area in the State of Oregon that are subject
to the plan and those regulations as of the date of enactment
of this subsection.
“\(h\) Protection of Tribal Rights.—
“\(1\) In general.—Nothing in this Act diminishes any right
of an Indian Tribe.
“\(2\) Memorandum of understanding.—The Secretary shall
seek to enter into a memorandum of understanding with
applicable Indian Tribes with respect to—
“\(A\) providing the Indian Tribes with access to the
portions of the recreation area in the State of Oregon to
conduct historical and cultural activities, including the
procurement of noncommercial forest products and materials
for traditional and cultural purposes; and
“\(B\) the development of interpretive information to be
provided to the public on the history of the Indian Tribes
and the use of the recreation area by the Indian Tribes.”.
\(d\) Acquisition.—Section 6\(a\) of the Smith River National
Recreation Area Act \(16 U.S.C. 460bbb-4\(a\)\) is amended—
\(1\) in the fourth sentence, by striking “All lands” and
inserting the following:
“\(4\) Applicable law.—All land”;
\(2\) in the third sentence—
\(A\) by striking “The Secretary” and inserting the
following:
“\(3\) Method of acquisition.—The Secretary”;
\(B\) by striking “or any of its political subdivisions”
and inserting “, the State of Oregon, or any political
subdivision of the State of California or the State of
Oregon”; and
\(C\) by striking “donation or” and inserting “purchase,
donation, or”;
\(3\) in the second sentence, by striking “In exercising”
and inserting the following:
“\(2\) Consideration of offers by secretary.—In
exercising”;
\(4\) in the first sentence, by striking “The Secretary”
and inserting the following:
“\(1\) In general.—The Secretary”; and
\(5\) by adding at the end the following:
“\(5\) Acquisition of cedar creek parcel.—On the adoption
of a resolution by the State Land Board of Oregon and subject
to available funding, the Secretary shall acquire all right,
title, and interest in and to the approximately 555 acres of
land known as the \`Cedar Creek Parcel' located in sec. 16, T.
41 S., R. 11 W., Willamette Meridian.”.
\(e\) Fish and Game.—Section 7 of the Smith River National
Recreation Area Act \(16 U.S.C. 460bbb-5\) is amended—
\(1\) in the first sentence, by inserting “or the State of
Oregon” after “State of California”; and
\(2\) in the second sentence, by inserting “or the State of
Oregon, as applicable” after “State of California”.
\(f\) Management Planning.—Section 9 of the Smith River
National Recreation Area Act \(16 U.S.C. 460bbb-7\) is
amended—
\(1\) in the first sentence, by striking “The Secretary”
and inserting the following:
“\(a\) Revision of Management Plan.—The Secretary”; and
\(2\) by adding at the end the following:
“\(b\) Smith River National Recreation Area Management Plan
Revision.—As soon as practicable after the date of the first
revision of the forest plan after the date of enactment of
this subsection, the Secretary shall revise the management
plan for the recreation area—
“\(1\) to reflect the expansion of the recreation area into
the State of Oregon under the Smith River National Recreation
Area Expansion Act; and
“\(2\) to include an updated recreation action schedule to
identify specific use and development plans for the areas
described in the map entitled \`Proposed Additions to the
Smith River National Recreation Area' and dated January 23,
2023.”.
\(g\) Streamside Protection Zones.—Section 11\(b\) of the
Smith River National Recreation Area Act \(16 U.S.C. 460bbb-
8\(b\)\) is amended by adding at the end the following:
“\(24\) Each of the river segments described in subparagraph
\(B\) of section 3\(a\)\(92\) of the Wild and Scenic Rivers Act \(16
U.S.C. 1274\(a\)\(92\)\).”.
\(h\) State and Local Jurisdiction and Assistance.—Section
12 of the Smith River National Recreation Area Act \(16 U.S.C.
460bbb-9\) is amended—
\(1\) in subsection \(a\), by striking “California or any
political subdivision thereof” and inserting “California,
the State of Oregon, or a political subdivision of the State
of California or the State of Oregon”;
\(2\) in subsection \(b\), in the matter preceding paragraph
\(1\), by striking “California or its political subdivisions”
and inserting “California, the State of Oregon, or a
political subdivision of the State of California or the State
of Oregon”; and
\(3\) in subsection \(c\), in the first sentence—
\(A\) by striking “California and its political
subdivisions” and inserting “California, the State of
Oregon, and any political subdivision of the State of
California or the State of Oregon”; and
\(B\) by striking “State and its political subdivisions”
and inserting “State of California, the State of Oregon, and
any political subdivision of the State of California or the
State of Oregon”.
\(i\) North Fork Smith Additions, Oregon.—
\(1\) Finding.—Congress finds that the source tributaries of
the North Fork Smith River in the State of Oregon possess
outstandingly remarkable wild anadromous fish and
prehistoric, cultural, botanical, recreational, and water
quality values.
\(2\) Designation.—Section 3\(a\)\(92\) of the Wild and Scenic
Rivers Act \(16 U.S.C. 1274\(a\)\(92\)\) is amended—
\(A\) in subparagraph \(B\), by striking “scenic” and
inserting “wild”;
\(B\) by redesignating subparagraphs \(A\) through \(C\) as
clauses \(i\) through \(iii\), respectively, and indenting
appropriately;
\(C\) in the matter preceding clause \(i\) \(as so
redesignated\), by striking “The 13-mile” and inserting the
following:
“\(A\) In general.—The 13-mile”; and
\(D\) by adding at the end the following:
“\(B\) Additions.—The following segments of the source
tributaries of the North Fork Smith River, to be administered
by the Secretary of Agriculture in the following classes:
“\(i\) The 13.26-mile segment of Baldface Creek from its
headwaters, including all perennial tributaries, to the
confluence with the North Fork Smith in T. 39 S., R 10 W., T.
40 S., R. 10 W., and T. 41 S., R. 11 W., Willamette Meridian,
as a wild river.
“\(ii\) The 3.58-mile segment from the headwaters of Taylor
Creek to the confluence with Baldface Creek, as a wild river.
“\(iii\) The 4.38-mile segment from the headwaters of the
unnamed tributary to Biscuit Creek and the headwaters of
Biscuit Creek to the confluence with Baldface Creek, as a
wild river.
“\(iv\) The 2.27-mile segment from the headwaters of Spokane
Creek to the confluence with Baldface Creek, as a wild river.
“\(v\) The 1.25-mile segment from the headwaters of Rock
Creek to the confluence with Baldface Creek, flowing south
from sec. 19, T. 40 S., R. 10 W., Willamette Meridian, as a
wild river.
“\(vi\) The 1.31-mile segment from the headwaters of the
unnamed tributary number 2 to the confluence with Baldface
Creek, flowing north from sec. 27, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
“\(vii\) The 3.6-mile segment from the 2 headwaters of the
unnamed tributary number 3 to the confluence with Baldface
Creek, flowing south from secs. 9 and 10, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
“\(viii\) The 1.57-mile segment from the headwaters of the
unnamed tributary number 4 to the confluence with Baldface
Creek, flowing north from sec. 26, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
“\(ix\) The 0.92-mile segment from the headwaters of the
unnamed tributary number 5 to the confluence with Baldface
Creek, flowing north from sec. 13, T. 40 S., R. 10 W.,
Willamette Meridian, as a wild river.
“\(x\) The 4.90-mile segment from the headwaters of Cedar
Creek to the confluence with North Fork Smith River, as a
wild river.
“\(xi\) The 2.38-mile segment from the headwaters of
Packsaddle Gulch to the confluence with North Fork Smith
River, as a wild river.
“\(xii\) The 2.4-mile segment from the headwaters of
Hardtack Creek to the confluence with North Fork Smith River,
as a wild river.
“\(xiii\) The 2.21-mile segment from the headwaters of the
unnamed creek to the confluence with North Fork Smith River,
flowing east from sec. 29, T. 40 S., R. 11 W., Willamette
Meridian, as a wild river.
“\(xiv\) The 3.06-mile segment from the headwaters of Horse
Creek to the confluence with North Fork Smith River, as a
wild river.
“\(xv\) The 2.61-mile segment of Fall Creek from the Oregon
State border to the confluence with North Fork Smith River,
as a wild river.
“\(xvi\)\(I\) Except as provided in subclause \(II\), the 4.57-
mile segment from the headwaters of North Fork Diamond Creek
to the confluence with Diamond Creek, as a wild river.
“\(II\) Notwithstanding subclause \(I\), the portion of the
segment described in that subclause that starts 100 feet
above Forest Service Road 4402 and ends 100 feet below Forest
Service Road 4402 shall be administered as a scenic river.
“\(xvii\) The 1.02-mile segment from the headwaters of
Diamond Creek to the Oregon State border in sec. 14, T. 40
S., R. 10 W., Willamette Meridian, as a wild river.
“\(xviii\) The 1.14-mile segment from the headwaters of
Acorn Creek to the confluence with Horse Creek, as a wild
river.
“\(xix\) The 8.58-mile segment from the headwaters of Chrome
Creek to the confluence with North Fork Smith River, as a
wild river.
“\(xx\) The 2.98-mile segment from the headwaters Chrome
Creek tributary number 1 to the confluence with Chrome Creek,
0.82 miles upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec. 15, T. 40 S.,
R. 11 W., Willamette Meridian, as a wild river.
“\(xxi\) The 2.19-mile segment from the headwaters of Chrome
Creek tributary number 2 to the confluence with Chrome Creek,
3.33 miles upstream from the mouth of Chrome Creek in the
Kalmiopsis Wilderness, flowing south from sec. 12, T. 40 S.,
R. 11 W., Willamette Meridian, as a wild river.
“\(xxii\) The 1.27-mile segment from the headwaters of
Chrome Creek tributary number 3 to the confluence with Chrome
Creek, 4.28 miles upstream from the mouth of Chrome Creek in
the Kalmiopsis Wilderness, flowing north from sec. 18, T. 40
S., R. 10 W., Willamette Meridian, as a wild river.
“\(xxiii\) The 2.27-mile segment from the headwaters of
Chrome Creek tributary number 4 to the confluence with Chrome
Creek, 6.13 miles upstream from the mouth of Chrome Creek,
flowing south from Chetco Peak in the Kalmiopsis Wilderness
in sec. 36, T. 39 S., R. 11 W., Willamette Meridian, as a
wild river.
“\(xxiv\) The 0.6-mile segment from the headwaters of Wimer
Creek to the border between the States of Oregon and
California, flowing south from sec. 17, T. 41 S., R. 10 W.,
Willamette Meridian, as a wild river.”.
\(j\) Expansion of Smith River, Oregon.—Section 3\(a\) of the
Wild and Scenic Rivers Act \(16 U.S.C. 1274\(a\)\) is amended by
striking paragraph \(111\) and inserting the following:
“\(111\) Smith river, california and oregon.—The segment
from the confluence of the Middle Fork Smith River and the
North Fork Smith River to the Six Rivers National Forest
boundary, including the following segments of the mainstem
and certain tributaries, to be administered by the Secretary
of Agriculture in the following classes:
“\(A\) Mainstem.—The segment from the confluence of the
Middle Fork Smith River and the South Fork Smith River to the
Six Rivers National Forest boundary, as a recreational river.
“\(B\) Rowdy creek.—
“\(i\) Upper.—The segment from and including the headwaters
to the California-Oregon State line, as a wild river.
“\(ii\) Lower.—The segment from the California-Oregon State
line to the Six Rivers National Forest boundary, as a
recreational river.”.
SA 6433. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF WILD AND SCENIC RIVERS;
MODIFICATION OF BOUNDARIES OF GILA CLIFF
DWELLINGS NATIONAL MONUMENT AND GILA NATIONAL
FOREST.
\(a\) Designation of Wild and Scenic Rivers.—
\(1\) Definitions.—In this subsection:
\(A\) Covered segment.—The term “covered segment” means a
river segment designated by paragraph \(233\) of section 3\(a\)
of the Wild and Scenic Rivers Act \(16 U.S.C. 1274\(a\)\) \(as
added by paragraph \(2\)\).
\(B\) Secretary concerned.—The term “Secretary concerned”
means—
\(i\) the Secretary of the Interior, with respect to a
covered segment under the jurisdiction of the Secretary of
the Interior; and
\(ii\) the Secretary of Agriculture, with respect to a
covered segment under the jurisdiction of the Secretary of
Agriculture.
\(C\) State.—The term “State” means the State of New
Mexico.
\(2\) Designation of segments.—Section 3\(a\) of the Wild and
Scenic Rivers Act \(16 U.S.C. 1274\(a\)\) is amended by adding at
the end the following:
“\(233\) Gila river system, new mexico.—The following
segments of the Gila River system in Las Animas Creek, Holden
Prong, and McKnight Canyon in the State of New Mexico, to be
administered by the Secretary concerned \(as defined in
section 1094\(a\) of the National Defense Authorization Act for
Fiscal Year 2027\) in the following classifications:
“\(A\) Apache creek.—The approximately 10.5-mile segment,
as generally depicted on the map entitled \`Apache Creek' and
dated April 30, 2020, as a wild river.
“\(B\) Black canyon creek.—
“\(i\) The 11.8-mile segment, as generally depicted on the
map entitled \`Black Canyon Creek' and dated April 30, 2020,
as a wild river.
“\(ii\) The 0.6-mile segment, as generally depicted on the
map entitled \`Black Canyon Creek' and dated April 30, 2020,
as a recreational river.
“\(iii\) The 1.9-mile segment, as generally depicted on the
map entitled \`Black Canyon Creek' and dated April 30, 2020,
as a recreational river.
“\(iv\) The 11-mile segment, as generally depicted on the
map entitled \`Black Canyon Creek' and dated April 30, 2020,
as a wild river.
“\(C\) Diamond creek.—
“\(i\) The approximately 13.3-mile segment, as generally
depicted on the map entitled \`Diamond Creek' and dated March
27, 2020, as a wild river.
“\(ii\) The approximately 4.7-mile segment, as generally
depicted on the map entitled \`Diamond Creek' and dated March
27, 2020, as a wild river.
“\(iii\) The approximately 3.1-mile segment, as generally
depicted on the map entitled \`Diamond Creek' and dated March
27, 2020, as a recreational river.
“\(iv\) The approximately 1.6-mile segment, as generally
depicted on the map entitled \`Diamond Creek' and dated March
27, 2020, as a recreational river.
“\(v\) The approximately 4.1-mile segment, as generally
depicted on the map entitled \`Diamond Creek' and dated March
27, 2020, as a wild river.
“\(D\) South diamond creek.—The approximately 16.1-mile
segment, as generally depicted on the map entitled \`South
Diamond Creek' and dated March 27, 2020, as a wild river.
“\(E\) Gila river.—
“\(i\) The approximately 34.9-mile segment, as generally
depicted on the map entitled \`Gila River' and dated April 30,
2020, as a wild river.
“\(ii\) The approximately 2.5-mile segment, as generally
depicted on the map entitled \`Gila River' and dated April 30,
2020, as a recreational river.
“\(iii\) The approximately 3-mile segment, as generally
depicted on the map entitled
\`Gila River' and dated April 30, 2020, as a wild river.
“\(F\) Gila river, east fork.—The approximately 10.3-mile
segment, as generally depicted on the map entitled \`East Fork
Gila River' and dated April 30, 2020, as a wild river.
“\(G\) Gila river, lower box.—
“\(i\) The approximately 3.1-mile segment, as generally
depicted on the map entitled \`Gila River, Lower Box' and
dated April 21, 2020, as a recreational river.
“\(ii\) The approximately 6.1-mile segment, as generally
depicted on the map entitled \`Gila River, Lower Box' and
dated April 21, 2020, as a wild river.
“\(H\) Gila river, middle box.—
“\(i\) The approximately 0.6-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
“\(ii\) The approximately 0.4-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box” and
dated April 30, 2020, as a recreational river.
“\(iii\) The approximately 0.3-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
“\(iv\) The approximately 0.3-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
“\(v\) The approximately 1.6-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box' and
dated April 30, 2020, as a recreational river.
“\(vi\) The approximately 9.8-mile segment, as generally
depicted on the map entitled \`Gila River, Middle Box' and
dated April 30, 2020, as a wild river.
“\(I\) Gila river, middle fork.—
“\(i\) The approximately 1.2-mile segment, as generally
depicted on the map entitled \`Middle Fork Gila River' and
dated May 1, 2020, as a recreational river.
“\(ii\) The approximately 35.5-mile segment, as generally
depicted on the map entitled \`Middle Fork Gila River' and
dated May 1, 2020, as a wild river.
“\(J\) Gila river, west fork.—
“\(i\) The approximately 30.6-mile segment, as generally
depicted on the map entitled \`West Fork Gila River' and dated
May 1, 2020, as a wild river.
“\(ii\) The approximately 4-mile segment, as generally
depicted on the map entitled \`West Fork Gila River' and dated
May 1, 2020, as a recreational river.
“\(K\) Gilita creek.—The approximately 6.4-mile segment, as
generally depicted on the map entitled \`Gilita Creek' and
dated March 4, 2020, as a wild river.
“\(L\) Holden prong.—The approximately 7.3-mile segment, as
generally depicted on the map entitled \`Holden Prong' and
dated March 27, 2020, as a wild river.
“\(M\) Indian creek.—
“\(i\) The approximately 5-mile segment, as generally
depicted on the map entitled \`Indian Creek' and dated March
27, 2020, as a recreational river.
“\(ii\) The approximately 9.5-mile segment, as generally
depicted on the map entitled \`Indian Creek' and dated March
27, 2020, as a wild river.
“\(N\) Iron creek.—The approximately 13.2-mile segment, as
generally depicted on the map entitled \`Iron Creek' and dated
March 4, 2020, as a wild river.
“\(O\) Las animas creek.—
“\(i\) The approximately 5.3-mile segment, as generally
depicted on the map entitled \`Las Animas Creek' and dated
March 27, 2020, as a wild river.
“\(ii\) The approximately 2.3-mile segment, as generally
depicted on the map entitled \`Las Animas Creek' and dated
March 27, 2020, as a scenic river.
“\(P\) Little creek.—
“\(i\) The approximately 0.3-mile segment, as generally
depicted on the map entitled \`Little Creek' and dated May 1,
2020, as a recreational river.
“\(ii\) The approximately 18.3-mile segment, as generally
depicted on the map entitled \`Little Creek' and dated May 1,
2020, as a wild river.
“\(Q\) Mcknight canyon.—The approximately 10.3-mile
segment, as generally depicted on the map entitled \`McKnight
Canyon' and dated March 4, 2020, as a wild river.
“\(R\) Mineral creek.—
“\(i\) The approximately 8.3-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a wild river.
“\(ii\) The approximately 0.5-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(iii\) The approximately 0.5-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(iv\) The approximately 0.1-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(v\) The approximately 0.03-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(vi\) The approximately 0.02-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(vii\) The approximately 0.6-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(viii\) The approximately 0.1-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(ix\) The approximately 0.03-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(x\) The approximately 0.7-mile segment, as generally
depicted on the map entitled \`Mineral Creek' and dated March
27, 2020, as a recreational river.
“\(S\) Mogollon creek.—The approximately 15.8-mile segment,
as generally depicted on the map entitled \`Mogollon Creek'
and dated April 2, 2020, as a wild river.
“\(T\) West fork mogollon creek.—The approximately 8.5-mile
segment, as generally depicted on the map entitled \`West Fork
Mogollon Creek' and dated March 4, 2020, as a wild river.
“\(U\) Mule creek.—The approximately 4.3-mile segment, as
generally depicted on the map entitled \`Mule Creek' and dated
March 4, 2020, as a wild river.
“\(V\) San francisco river, devil's creek.—
“\(i\) The approximately 1.8-mile segment, as generally
depicted on the map entitled \`San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
“\(ii\) The approximately 6.4-mile segment, as generally
depicted on the map entitled \`San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
“\(iii\) The approximately 6.1-mile segment, as generally
depicted on the map entitled \`San Francisco River, Devil's
Creek' and dated October 29, 2021, as a scenic river.
“\(iv\) The approximately 1.2-mile segment, as generally
depicted on the map entitled \`San Francisco River, Devil's
Creek' and dated October 29, 2021, as a recreational river.
“\(v\) The approximately 5.9-mile segment, as generally
depicted on the map entitled \`San Francisco River, Devil's
Creek' and dated October 29, 2021, as a recreational river.
“\(W\) San francisco river, lower san francisco river
canyon.—
“\(i\) The approximately 1.8-mile segment, as generally
depicted on the map entitled \`San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a wild
river.
“\(ii\) The approximately 0.6-mile segment, as generally
depicted on the map entitled \`San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a
recreational river.
“\(iii\) The approximately 14.6-mile segment, as generally
depicted on the map entitled \`San Francisco River, Lower San
Francisco River Canyon' and dated March 27, 2020, as a wild
river.
“\(X\) San francisco river, upper frisco box.—The
approximately 6-mile segment, as generally depicted on the
map entitled \`San Francisco River, Upper Frisco Box' and
dated March 4, 2020, as a wild river.
“\(Y\) Sapillo creek.—The approximately 7.2-mile segment,
as generally depicted on the map entitled \`Sapillo Creek' and
dated March 27, 2020, as a wild river.
“\(Z\) Spruce creek.—The approximately 3.7-mile segment, as
generally depicted on the map entitled \`Spruce Creek' and
dated March 4, 2020, as a wild river.
“\(AA\) Taylor creek.—
“\(i\) The approximately 0.4-mile segment, as generally
depicted on the map entitled \`Taylor Creek' and dated April
30, 2020, as a scenic river.
“\(ii\) The approximately 6.1-mile segment, as generally
depicted on the map entitled \`Taylor Creek' and dated April
30, 2020, as a wild river.
“\(iii\) The approximately 6.7-mile segment, as generally
depicted on the map entitled \`Taylor Creek' and dated April
30, 2020, as a wild river.
“\(BB\) Turkey creek.—The approximately 17.1-mile segment,
as generally depicted on the map entitled \`Turkey Creek' and
dated April 30, 2020, as a wild river.
“\(CC\) Whitewater creek.—
“\(i\) The approximately 13.5-mile segment, as generally
depicted on the map entitled \`Whitewater Creek' and dated
March 27, 2020, as a wild river.
“\(ii\) The approximately 1.1-mile segment, as generally
depicted on the map entitled \`Whitewater Creek' and dated
March 27, 2020, as a recreational river.
“\(DD\) Willow creek.—
“\(i\) The approximately 3-mile segment, as generally
depicted on the map entitled \`Willow Creek' and dated April
30, 2020, as a recreational river.
“\(ii\) The approximately 2.9-mile segment, as generally
depicted on the map entitled \`Willow Creek' and dated April
30, 2020, as a recreational river.”.
\(3\) Withdrawal.—Subject to valid existing rights, all
Federal land within the boundary of a covered segment is
withdrawn from all forms of—
\(A\) entry, appropriation, or disposal under the public land
laws;
\(B\) location, entry, and patent under the mining laws; and
\(C\) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
\(4\) Maps; legal descriptions.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
maps and legal descriptions of the covered segments.
\(B\) Force of law.—The maps and legal descriptions prepared
under subparagraph \(A\)
shall have the same force and effect as if included in this
subsection, except that the Secretary concerned may correct
minor errors in the maps and legal descriptions.
\(C\) Availability.—The map and legal description prepared
under subparagraph \(A\) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service, the Bureau of Land Management, and the National Park
Service.
\(5\) Comprehensive river management plan.—The Secretary
concerned shall prepare the comprehensive management plan for
the covered segments pursuant to section 3\(d\) of the Wild and
Scenic Rivers Act \(16 U.S.C. 1274\(d\)\) after consulting with
Tribal governments, applicable political subdivisions of the
State, and interested members of the public.
\(6\) Incorporation of acquired land and interests in land.—
If the United States acquires any non-Federal land within or
adjacent to a covered segment, the acquired land shall be
incorporated in, and be administered as part of, the
applicable covered segment.
\(7\) Effect of section.—
\(A\) Effect on rights.—In accordance with section 12\(b\) of
the Wild and Scenic Rivers Act \(16 U.S.C. 1283\(b\)\), nothing
in this subsection or an amendment made by this subsection
abrogates any existing rights of, privilege of, or contract
held by any person, including any right, privilege, or
contract that affects Federal land or private land, without
the consent of the person, including—
\(i\) grazing permits or leases;
\(ii\) existing water rights, including the jurisdiction of
the State in administering water rights;
\(iii\) existing points of diversion, including maintenance,
repair, or replacement;
\(iv\) existing water distribution infrastructure, including
maintenance, repair, or replacement; and
\(v\) valid existing rights for mining and mineral leases.
\(B\) Mining activities.—The designation of a covered
segment by subparagraph \(G\) or \(H\) of paragraph \(233\) of
section 3\(a\) of the Wild and Scenic Rivers Act \(16 U.S.C.
1274\(a\)\) \(as added by paragraph \(2\)\) shall not—
\(i\) limit the licensing, development, operation, or
maintenance of mining activities or mineral processing
facilities outside the boundaries of the applicable covered
segment; or
\(ii\) affect any rights, obligations, privileges, or
benefits granted under any permit or approval with respect to
such mining activities or mineral processing facilities.
\(C\) Condemnation.—No land or interest in land shall be
acquired under this subsection or an amendment made by this
subsection without the consent of the owner.
\(D\) Relationship to other law.—Nothing in this subsection
amends or otherwise affects the Arizona Water Settlements Act
\(Public Law 108-451; 118 Stat. 3478\).
\(E\) Native fish habitat restoration.—
\(i\) Existing projects.—Nothing in this subsection or an
amendment made by this subsection affects the authority of
the Secretary concerned or the State to operate, maintain,
replace, or improve a native fish habitat restoration project
\(including fish barriers\) in existence as of the date of
enactment of this Act within a covered segment.
\(ii\) New projects.—Notwithstanding section 7 of the Wild
and Scenic Rivers Act \(16 U.S.C. 1278\), the Secretary
concerned may authorize the construction of a native fish
habitat restoration project \(including any necessary fish
barriers\) within a covered segment if the project—
\(I\) would enhance the recovery of a species listed as
threatened or endangered under the Endangered Species Act of
1973 \(16 U.S.C. 1531 et seq.\), a sensitive species, or a
species of greatest conservation need, including the Gila
Trout \(Oncorhynchus gilae\); and
\(II\) would not unreasonably diminish the free-flowing
nature or outstandingly remarkable values of the covered
segment.
\(iii\) Projects within wilderness areas.—A native fish
habitat restoration project \(including fish barriers\) located
within an area designated as a component of the National
Wilderness Preservation System shall be constructed
consistent with—
\(I\) the Wilderness Act \(16 U.S.C. 1131 et seq.\); and
\(II\) the applicable wilderness management plan.
\(F\) State land jurisdiction.—Nothing in this subsection or
an amendment made by this subsection affects the jurisdiction
of land under the jurisdiction of the State, including land
under the jurisdiction of the New Mexico State Land Office
and the New Mexico Department of Game and Fish.
\(G\) Fish and wildlife.—Nothing in this subsection or an
amendment made by this subsection affects the jurisdiction of
the State with respect to fish and wildlife in the State.
\(H\) Treaty rights.—Nothing in this subsection or an
amendment made by this subsection alters, modifies,
diminishes, or extinguishes the reserved treaty rights of any
Indian Tribe with respect to hunting, fishing, gathering, and
cultural or religious rights in the vicinity of a covered
segment as protected by a treaty.
\(b\) Modification of Boundaries of Gila Cliff Dwellings
National Monument and Gila National Forest.—
\(1\) Transfer of administrative jurisdiction.—
\(A\) In general.—Administrative jurisdiction over the land
described in subparagraph \(B\) is transferred from the
Secretary of Agriculture to the Secretary of the Interior.
\(B\) Description of land.—The land referred to in
subparagraph \(A\) is the approximately 440 acres of land
identified as “Transfer from USDA Forest Service to National
Park Service” on the map entitled “Gila Cliff Dwellings
National Monument Proposed Boundary Adjustment” and dated
March 2020.
\(2\) Boundary modifications.—
\(A\) Gila cliff dwellings national monument.—
\(i\) In general.—The boundary of the Gila Cliff Dwellings
National Monument is revised to incorporate the land
transferred to the Secretary of the Interior under paragraph
\(1\)\(A\).
\(ii\) Map.—
\(I\) In general.—The Secretary of the Interior shall
prepare and keep on file for public inspection in the
appropriate office of the National Park Service a map and a
legal description of the revised boundary of the Gila Cliff
Dwellings National Monument.
\(II\) Effect.—The map and legal description under subclause
\(I\) shall have the same force and effect as if included in
this subsection, except that the Secretary of the Interior
may correct minor errors in the map and legal description.
\(B\) Gila national forest.—
\(i\) In general.—The boundary of the Gila National Forest
is modified to exclude the land transferred to the Secretary
of the Interior under paragraph \(1\)\(A\).
\(ii\) Map.—
\(I\) In general.—The Secretary of Agriculture shall prepare
and keep on file for public inspection in the appropriate
office of the Forest Service a map and a legal description of
the revised boundary of the Gila National Forest.
\(II\) Effect.—The map and legal description under subclause
\(I\) shall have the same force and effect as if included in
this subsection, except that the Secretary of Agriculture may
correct minor errors in the map and legal description.
SA 6434. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. WITHDRAWAL OF FEDERAL LAND IN PECOS WATERSHED AREA
AND DESIGNATION OF THOMPSON PEAK WILDERNESS
AREA.
\(a\) Withdrawal of Federal Land in Pecos Watershed Area, New
Mexico.—
\(1\) Definition of federal land.—In this subsection, the
term “Federal land” means the Federal land depicted as
“Pecos Withdrawal” on the map entitled “Proposed Mineral
Withdrawal Legislative Map” and dated September 11, 2023.
\(2\) Withdrawal.—Subject to valid rights in existence on
the date of enactment of this Act, the Federal land is
withdrawn from all forms of—
\(A\) entry, appropriation, or disposal under the public land
laws;
\(B\) location, entry, and patent under the mining laws; and
\(C\) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
\(b\) Designation of Thompson Peak Wilderness Area, New
Mexico.—
\(1\) Definitions.—In this subsection:
\(A\) Secretary.—The term “Secretary” means the Secretary
of Agriculture.
\(B\) State.—The term “State” means the State of New
Mexico.
\(C\) Wilderness area.—The term “wilderness area” means
the Thompson Peak Wilderness Area designated by paragraph
\(2\).
\(2\) Designation.—In accordance with the Wilderness Act \(16
U.S.C. 1131 et seq.\), the approximately 11,599 acres of land
managed by the Forest Service in the State, as generally
depicted on the map entitled “Proposed Mineral Withdrawal
Legislative Map” and dated September 11, 2023, is designated
as a wilderness area and as a component of the National
Wilderness Preservation System, to be known as the “Thompson
Peak Wilderness Area”.
\(3\) Map and legal description.—
\(A\) In general.—As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the wilderness area with—
\(i\) the Committee on Energy and Natural Resources of the
Senate; and
\(ii\) the Committee on Natural Resources of the House of
Representatives.
\(B\) Effect.—The map and legal description filed under
subparagraph \(A\) shall have the same force and effect as if
included in this section, except that the Secretary may
correct clerical and typographical errors in the map and
legal description.
\(C\) Availability.—The map and legal description filed
under subparagraph \(A\) shall be on file and available for
public inspection in the Office of the Chief of the Forest
Service.
\(4\) Administration.—
\(A\) In general.—Subject to valid existing rights, the
wilderness area shall be administered by the Secretary in
accordance with
the Wilderness Act \(16 U.S.C. 1131 et seq.\), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
\(B\) Adjacent management.—
\(i\) No protective perimeters or buffer zones.—Congress
does not intend for the designation of the wilderness area to
create a protective perimeter or buffer zone around the
wilderness area.
\(ii\) Nonwilderness activities.—The fact that nonwilderness
activities or uses outside of the wilderness area can be seen
or heard from an area within the wilderness area shall not
preclude the conduct of the nonwilderness activities or uses
outside the boundaries of the wilderness area.
\(C\) Fish and wildlife management.—In accordance with
section 4\(d\)\(7\) of the Wilderness Act \(16 U.S.C. 1133\(d\)\(7\)\),
nothing in this subsection affects the jurisdiction or
responsibilities of the State with respect to fish and
wildlife management in the wilderness area \(including the
regulation of hunting, fishing, and trapping\).
\(D\) Grazing.—The Secretary shall allow the continuation of
the grazing of livestock in the wilderness area, if
established before the date of enactment of this Act, in
accordance with—
\(i\) section 4\(d\)\(4\) of the Wilderness Act \(16 U.S.C.
1133\(d\)\(4\)\); and
\(ii\) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress \(H. Rept. 101-405\).
\(E\) Wildfire, insect, and disease control.—The Secretary
may carry out measures in the wilderness area that the
Secretary determines to be necessary to control fire,
insects, or diseases, in accordance with section 4\(d\)\(1\) of
the Wilderness Act \(16 U.S.C. 1133\(d\)\(1\)\).
\(5\) Incorporation of acquired land and interests in land.—
Any land or interest in land within the boundaries of the
wilderness area that is acquired by the United States after
the date of enactment of this Act shall be added to and
administered as part of the wilderness area.
\(6\) Withdrawal.—Subject to valid existing rights, the
wilderness area is withdrawn from—
\(A\) entry, appropriation, or disposal under the public land
laws;
\(B\) location, entry, and patent under the mining laws; and
\(C\) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SA 6435. Ms. HASSAN \(for herself, Mr. Cassidy, and Mr. Kelly\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. ELIGIBILITY OF SPOUSES FOR SERVICES UNDER THE
DISABLED VETERANS' OUTREACH PROGRAM.
Section 4103A of title 38, United States Code, is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\)—
\(i\) in the matter preceding subparagraph \(A\), by inserting
“and eligible persons” after “eligible veterans”; and
\(ii\) in subparagraph \(C\), by inserting “, and eligible
persons,” after “Other eligible veterans”;
\(B\) in paragraph \(2\), by inserting “and eligible persons”
after “veterans” each place it appears; and
\(C\) in paragraph \(3\)—
\(i\) by inserting “or eligible person” after “veteran”
each place it appears; and
\(ii\) by inserting “or eligible person's” after
“veteran's”;
\(2\) in subsection \(d\)\(1\)—
\(A\) by inserting “and eligible persons” after “eligible
veterans” each place it appears; and
\(B\) by striking “non-veteran-related”; and
\(3\) by adding at the end the following new subsection:
“\(e\) Eligible Person Defined.—In this section, the term
\`eligible person' means—
“\(1\) any eligible person \(as defined in section 4101\(5\) of
this title\); or
“\(2\) the spouse of any person who died while a member of
the Armed Forces.”.
SA 6436. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DESIGNATION OF CERRO DE LA OLLA WILDERNESS.
\(a\) Designation.—
\(1\) In general.—Section 1202 of the John D. Dingell, Jr.
Conservation, Management, and Recreation Act \(16 U.S.C. 1132
note; Public Law 116-9; 133 Stat. 651\) is amended—
\(A\) in the section heading, by striking “cerro del yuta
and rio san antonio” and inserting “rio grande del norte
national monument”;
\(B\) in subsection \(a\), by striking paragraph \(1\) and
inserting the following:
“\(1\) Map.—The term \`map' means the map entitled \`Proposed
Cerro de la Olla Wilderness and Rio Grande del Norte National
Monument Boundary' and dated April 1, 2025.”; and
\(C\) in subsection \(b\)—
\(i\) in paragraph \(1\), by adding at the end the following:
“\(C\) Cerro de la olla wilderness.—Certain Federal land
administered by the Bureau of Land Management in Taos County,
New Mexico, comprising approximately 12,295 acres as
generally depicted on the map, which shall be known as the
\`Cerro de la Olla Wilderness'.”;
\(ii\) in paragraph \(4\), in the matter preceding subparagraph
\(A\), by striking “this Act” and inserting “this Act
\(including a reserve common grazing allotment\)”; and
\(iii\) by adding at the end the following:
“\(12\) Wildlife water development projects in cerro de la
olla wilderness.—
“\(A\) In general.—Subject to subparagraph \(B\) and in
accordance with section 4\(c\) of the Wilderness Act \(16 U.S.C.
1133\(c\)\), the Secretary may authorize the maintenance of any
structure or facility in existence on the date of enactment
of this paragraph for wildlife water development projects
\(including guzzlers\) in the Cerro de la Olla Wilderness if,
as determined by the Secretary—
“\(i\) the structure or facility would enhance wilderness
values by promoting healthy, viable, and more naturally
distributed wildlife populations; and
“\(ii\) the visual impacts of the structure or facility on
the Cerro de la Olla Wilderness can reasonably be minimized.
“\(B\) Cooperative agreement.—Not later than 1 year after
the date of enactment of this paragraph, the Secretary shall
enter into a cooperative agreement with the State of New
Mexico that specifies, subject to section 4\(c\) of the
Wilderness Act \(16 U.S.C. 1133\(c\)\), the terms and conditions
under which wildlife management activities in the Cerro de la
Olla Wilderness may be carried out.”.
\(2\) Clerical amendment.—The table of contents for the John
D. Dingell, Jr. Conservation, Management, and Recreation Act
\(Public Law 116-9; 133 Stat. 581\) is amended by striking the
item relating to section 1202 and inserting the following:
“Sec. 1202. Rio Grande del Norte National Monument Wilderness
Areas.”.
\(b\) Rio Grande Del Norte National Monument Boundary
Modification.—The boundary of the Rio Grande del Norte
National Monument in the State of New Mexico is modified, as
depicted on the map entitled “Proposed Cerro de la Olla
Wilderness and Rio Grande del Norte National Monument
Boundary” and dated April 1, 2025.
SA 6437. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. IMPLEMENTATION OF AND REPORT ON EFFORTS OF
DEPARTMENT OF VETERANS AFFAIRS TO IMPROVE
HEALTH CARE APPOINTMENT SCHEDULING.
\(a\) In General.—Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a plan
to improve the process for scheduling appointments for health
care from the Department of Veterans Affairs, including
improvements for both patients and employees of the
Department responsible for scheduling such appointments.
\(b\) Elements of Plan.—
\(1\) In general.—The plan required by subsection \(a\) shall
include—
\(A\) such actions, resources, technology, and process
improvements as the Secretary determines necessary to ensure
the Department achieves, in a timely manner, improved
delivery of health care, access to health care, customer
experience and service relating to the receipt of health
care, and efficiency with respect to the delivery of health
care; and
\(B\) a proposed schedule and timeline to carry out such
plan.
\(2\) Objectives.—
\(A\) In general.—The Secretary shall ensure that the plan
required by subsection \(a\) addresses the following
objectives:
\(i\) To develop or continue the development of a scheduling
system that enables both personnel and patients of the
Department to view available appointments for care furnished
by the Department, including primary care, mental health
care, and all forms of specialty care.
\(ii\) To develop or continue the development of a self-
service scheduling platform, available for use by all
patients of the Department, which shall—
\(I\) enable such patients to view available appointments
and, subject to the method provided under subclause \(II\),
fully schedule appointments for all care furnished by the
Department;
\(II\) if a referral is required for an appointment, provide
a method for the patient to request a referral and
subsequently book an appointment if the referral is approved;
and
\(III\) provide such patients with the ability to cancel or
reschedule appointments.
\(iii\) To create a process through which all patients of the
Department can telephonically speak with a scheduler who can
assist the patient to determine appointment availability and
can fully schedule appointments on behalf of the patient for
all care furnished by the Department.
\(iv\) To carry out such other functions, oversight, metric
development and tracking, change management, cross-Department
coordination, and other related matters, including
improvements to employee-facing information technology,
training, and processes, as the Secretary determines
appropriate as it relates to scheduling tools, functions, and
operations with respect to health care appointments furnished
by the Department.
\(B\) Explanation of inability to implement certain
objectives, features, or services.—If the Secretary
determines that an objective under subparagraph \(A\), or any
feature or service in connection with that objective, cannot
be implemented or otherwise incorporated into a final product
pursuant to the plan required by subsection \(a\), the
Secretary shall include with the plan submitted under such
subsection a report containing—
\(i\) an explanation as to why that objective, feature, or
service cannot be implemented or incorporated, as the case
may be; and
\(ii\) a plan for implementing the plan required by
subsection \(a\) without that objective, feature, or service.
\(c\) Implementation.—Not later than two years after
submitting to the appropriate committees of Congress the plan
required by subsection \(a\), the Secretary shall fully
implement the plan.
\(d\) Coordination With Electronic Health Record
Modernization Program.—In developing the plan required by
subsection \(a\), the Secretary shall ensure that the elements
and objectives of such plan set forth under subsection \(b\)
are developed in consideration of the deployment schedule and
capabilities of the Electronic Health Record Modernization
Program of the Department to ensure a smooth transition to
using the tools and features under such plan as relevant and
appropriate.
\(e\) Implementation Reports.—Not later than each of one
year and two years after the date on which the Secretary
submits the plan required by subsection \(a\), the Secretary
shall submit to the appropriate committees of Congress a
report on the progress of the Secretary in implementing such
plan, including—
\(1\) the costs incurred to implement the plan as of the date
of the report;
\(2\) the expected costs to complete implementation of the
plan \(including costs for management and technology\);
\(3\) the schedule for deployment of any capabilities
developed pursuant to the plan; and
\(4\) the goals and metrics achieved, challenges, and lessons
learned in implementing the plan.
\(f\) Rule of Construction.—Nothing in this section shall be
construed to require the Secretary to include in the plan
required by subsection \(a\) any technology or process that
would preclude or impede the ability of a veteran to contact
or schedule an appointment directly with a facility or
provider through a non-online scheduling process, should the
veteran choose to do so.
\(g\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means the Committee on
Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives.
\(2\) Fully schedule.—The term “fully schedule”, with
respect to an appointment for health care, means that the
appointment booking is completed, rather than simply
requested.
SA 6438. Ms. HASSAN \(for herself and Mrs. Blackburn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. \_\_. NATIONAL SECURITY QUANTUM COORDINATION AND
COMPETITION.
\(a\) Office of Quantum Capabilities and Competition.—
\(1\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish or designate an office in the Department of Defense
to serve as the lead for all quantum efforts of the
Department relating to the following:
\(A\) Quantum technology research, including quantum sensing,
quantum computing, and quantum communications.
\(B\) Quantum technology development, including quantum
sensing, quantum computing, and quantum communications.
\(C\) Quantum technology application, including quantum
sensing, quantum computing, and quantum communications.
\(D\) Quantum technology policy, including quantum sensing,
quantum computing, and quantum communications.
\(E\) Such other quantum related efforts as the Secretary
considers appropriate.
\(2\) Designation.—The office established or designated
pursuant to paragraph \(1\) shall be known as the “Department
of Defense Office of Quantum Capabilities and Competition”
\(in this section the “Office”\).
\(3\) Primary mission.—The primary mission of the Office
shall be coordinating, leading, and directing quantum
technology efforts of the Department in order—
\(A\) to advance Department research efforts in quantum
technology;
\(B\) to develop quantum technology expertise that enables
advancements in United States national security capabilities;
\(C\) to aggressively pursue a national competitive advantage
in quantum technology, vis-a-vis other countries; and
\(D\) to develop quantum technologies that can be utilized
for real-world application by the Department of Defense or
other United States national security entities.
\(b\) Coordination With Other Quantum Efforts.—
\(1\) In general.—The Secretary shall, acting through the
Office, regularly coordinate with the heads of other Federal
departments and agencies that work on quantum science,
quantum technology, or quantum research.
\(2\) Quantum coordination office for national security.—
\(A\) In general.—In carrying out paragraph \(1\), the
Secretary shall establish within the Office a subcomponent to
liaise with, share expertise with, and whenever feasible,
coordinate and, if necessary, deconflict efforts with other
relevant U.S. government entities pursuing efforts on quantum
science, quantum technology, or quantum research.
\(B\) Designation.—The subcomponent established pursuant to
subparagraph \(A\) shall be known as the “Quantum Coordination
Office for National Security”.
\(c\) Triennial Reports.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, and not less frequently than once
every three years thereafter, the Secretary shall submit to
the appropriate committees of Congress a report on national
security quantum capabilities and competition.
\(2\) Contents generally.—Each report submitted pursuant to
paragraph \(1\) shall cover the following:
\(A\) The state of current quantum efforts within the
Department of Defense, including specific sections on quantum
sensing, quantum computing, and quantum communications.
\(B\) The state of current quantum efforts of adversarial and
competitor countries, including specific sections on quantum
sensing, quantum computing, and quantum communications.
\(C\) The state of current quantum efforts of any other
countries with advanced capabilities in quantum technology
and quantum science, including specific sections on quantum
sensing, quantum computing, and quantum communications.
\(D\) A comparison of the capabilities of the United States
and those of adversarial and competitor countries, as well as
any other countries with advanced capabilities in quantum
technology and quantum science.
\(E\) An assessment of capabilities of the United States
compared to those of China, Russia, and Iran, combined with
an assessment of how such countries \(in addition to any other
countries the Secretary considers relevant\) may utilize
quantum technology in a conflict against the United States or
allies and partners of the United States, including via
hybrid warfare.
\(F\) A realistic pathway forward, both short term \(3 years\)
and long term \(10 years and beyond\), for the United States to
compete with and outpace other countries in quantum
technology and quantum science in regard to national
security.
\(3\) Contents of initial report.—In addition to the matter
covered by paragraph \(2\), the first report submitted pursuant
to paragraph \(1\) shall include an annex on quantum
communication efforts that covers the following:
\(A\) The current state of United States national security
quantum communications technology and capabilities.
\(B\) A comparison of the national security quantum
communications technology and capabilities of the United
States compared to that of China, Russia, Iran, and such
other countries as the Secretary considers relevant.
\(C\) An immediate \(2 years\) and long-term \(10 years and
beyond\) plan—
\(i\) to close any gaps that may exist between national
security quantum communications technology and capabilities
of the United States and those of China, Russia, Iran, and
such other countries as the Secretary considers relevant; and
\(ii\) to outpace the quantum communications technology and
capabilities for China, Russia, Iran, and such other
countries as the Secretary considers relevant.
\(4\) Form.—Each report submitted pursuant to paragraph \(1\)
shall be submitted in classified form.
\(5\) Appropriate committees of congress defined.—In this
subsection, the term “appropriate committees of Congress”
means—
\(A\) the Committee on Armed Services, the Select Committee
on Intelligence, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs of
the Senate; and
\(B\) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, the Committee on Foreign Affairs,
and the Committee on Homeland Security of the House of
Representatives.
\(d\) Protection of National Security.—The Secretary shall
carry out this section in accordance with all applicable
provisions of law and policies relating to classified
information and national security.
\(e\) Rule of Construction.—Nothing in this section shall be
construed to require any action that is not consistent with a
provision of law or policy that was in effect on the day
before the date of the enactment of this Act.
SA 6439. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DARK WEB INTERDICTION ACT OF 2026.
\(a\) Short Title.—This section may be cited as the “Dark
Web Interdiction Act of 2026”.
\(b\) Findings and Sense of Congress.—
\(1\) Findings.—Congress finds the following:
\(A\) The dark web is made up of websites and other network
services that leverage overlay networks providing anonymity.
These overlay networks use the internet but require specific
software and configurations to access. The overlay networks
use multiple encrypted traffic relays for which an individual
relay computer knows its source of information and where the
individual computer is sending the information but never
knows both the original source and ultimate destination of
the traffic simultaneously. This anonymity has provided
criminals with the ability to host illicit material in a way
that circumvents the ability of law enforcement agencies to
serve legal process to remove or effectively investigate
websites offering illegal content or goods for purchase or
sharing.
\(B\) Dark web marketplaces include e-commerce websites based
on the dark web on which individuals use virtual currencies
to engage in transactions involving drugs, weapons, malware,
counterfeit currency, stolen credit cards, personal
identifying information, forged documents, unlicensed
pharmaceuticals, and other illicit goods.
\(C\) Due to the anonymity provided by the dark web, illicit
activities can be hosted from anywhere in the world without
accountability to—
\(i\) the Federal Government;
\(ii\) Federal laws; or
\(iii\) any other government or system of laws.
\(D\) The use of the dark web to distribute illegal drugs has
contributed and continues to contribute to the substance
abuse crisis that is devastating communities across the
United States. This devastation is due in large part to the
fact that the dark web has made illicit goods obtainable
anonymously.
\(E\) Law enforcement agencies at every level of government
continue to investigate drug trafficking and the sale of
illegal goods and services through the dark web that occurs
as a result of interactions on the dark web, both within the
United States and at the international border of the United
States, but the increased anonymity the internet provides has
made it more difficult to identify and prosecute the
individuals and organizations who—
\(i\) administer or otherwise operate websites on the dark
web that facilitate the distribution of illegal drugs, goods,
or services; or
\(ii\) buy and sell illegal drugs, goods, or services through
illicit marketplaces hosted on the dark web.
\(F\) Despite difficulties in identifying and locating
individuals and organizations who engage in drug trafficking
on the dark web, law enforcement agencies have been effective
in investigating and prosecuting the distribution of illegal
drugs through illicit marketplaces on the dark web, as
evidenced by Operation SpecTor, an operation conducted across
3 continents that resulted from a partnership between the
Department of Justice and foreign law enforcement agencies,
which—
\(i\) was announced in May 2023;
\(ii\) resulted in—
\(I\) 288 arrests;
\(II\) the seizure of approximately 850 kilograms of drugs,
including 64 kilograms of fentanyl or fentanyl-laced
narcotics;
\(III\) the seizure of 117 firearms; and
\(IV\) the seizure of $53,400,000 in cash and virtual
currencies; and
\(iii\) is an example of one of many cases conducted jointly
by—
\(I\) the Federal Bureau of Investigation;
\(II\) the Drug Enforcement Administration;
\(III\) Homeland Security Investigations;
\(IV\) United States Customs and Border Protection;
\(V\) the United States Postal Inspection Service;
\(VI\) the Financial Crimes Enforcement Network;
\(VII\) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
\(VIII\) the Naval Criminal Investigative Service;
\(IX\) the Department of Justice;
\(X\) the Department of Defense; and
\(XI\) additional local, State, and international law
enforcement partners.
\(G\) Although law enforcement agencies have succeeded in
investigating the distribution and sale of illegal drugs,
goods, and services that occurs as a result of interactions
on the dark web, investigative and prosecutorial
collaboration, innovation, and advancement are critical to—
\(i\) increasing the capacity to combat the threat posed by
the dark web and the illicit marketplaces hosted on the dark
web; and
\(ii\) enhancing collaboration and coordination among
Federal, State, Tribal, local, international and other law
enforcement partners, as appropriate.
\(2\) Sense of congress.—It is the sense of Congress that—
\(A\) the dark web and illicit marketplaces hosted on the
dark web facilitate the distribution of illegal drugs and
pose a unique threat to the public health and national
security in the United States; and
\(B\) Congress should—
\(i\) support law enforcement agencies and prosecutors at the
Federal, State, Tribal, local, and international levels in
their efforts to investigate and prosecute the distribution
of illegal drugs, goods, and services through the dark web;
and
\(ii\) increase the investigative and prosecutorial tools
available to law enforcement agencies and prosecutors to
address the distribution of illegal drugs, goods, and
services through the dark web.
\(c\) Definitions.—In this section:
\(1\) Dark web.—The term “dark web” has the meaning given
the term in subsection \(i\) of section 401 of the Controlled
Substances Act \(21 U.S.C. 841\), as added by section 4 of this
Act.
\(2\) Director.—The term “Director” means the Director of
the task force.
\(3\) Illicit marketplace.—The term “illicit marketplace”
means a website on the dark web on which individuals can use
virtual currency to engage in transactions involving drugs,
weapons, malware, counterfeit currency, stolen credit cards,
personal identifying information, forged documents, or other
illicit goods.
\(4\) Indian tribe.—The term “Indian Tribe” has the
meaning given the term “Indian tribe” in section 4 of the
Indian Self-Determination and Education Assistance Act \(25
U.S.C. 5304\).
\(5\) Opioid.—The term “opioid” has the meaning given the
term in section 102 of the Controlled Substances Act \(21
U.S.C. 802\).
\(6\) Task force.—The term “task force” means the Joint
Criminal Opioid and Darknet Enforcement Task Force
established under subsection \(e\)\(1\)\(A\).
\(d\) Offenses Involving the Dark Web.—Section 401 of the
Controlled Substances Act \(21 U.S.C. 841\) is amended by
adding at the end the following:
“\(i\) Offenses Involving Dispensing of Controlled
Substances by Means of the Dark Web.—
“\(1\) Definition of dark web.—In this subsection, the term
\`dark web' means a portion of the internet in which there are
hidden sites and services that—
“\(A\) are not indexed by an internet search engine; and
“\(B\) are only accessible to users of specific devices,
software, routing and anonymizing services, authorizations,
or configurations that conceal the identities and locations
of users.
“\(2\) Offense.—It shall be unlawful for any person to
knowingly or intentionally—
“\(A\) deliver, distribute, or dispense a controlled
substance by means of the dark web, except as authorized by
this title; or
“\(B\) aid or abet \(as such terms are used in section 2 of
title 18, United States Code\) any activity described in
subparagraph \(A\) that is not authorized by this title.
“\(3\) Penalty.—Pursuant to its authority under section 994
of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines and
policy statements to provide for a 2-level increase above the
sentence otherwise applicable for a violation of paragraph
\(2\).”.
\(e\) Joint Criminal Opioid and Darknet Enforcement Task
Force.—
\(1\) Establishment.—
\(A\) In general.—There is established in the Federal Bureau
of Investigation an interagency program that shall be known
as the Joint Criminal Opioid and Darknet Enforcement Task
Force.
\(B\) Director.—The task force shall be headed by a
Director, who shall be appointed by the President, by and
with the advice and consent of the Senate.
\(2\) Purpose.—The purpose of the task force shall be to
detect, disrupt, and dismantle illicit marketplaces.
\(3\) Components.—
\(A\) Representatives.—The task force shall include
representatives from—
\(i\) the Federal Bureau of Investigation;
\(ii\) the Drug Enforcement Administration;
\(iii\) the United States Postal Inspection Service;
\(iv\) Immigration and Customs Enforcement;
\(v\) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
\(vi\) Homeland Security Investigations;
\(vii\) United States Customs and Border Protection;
\(viii\) the Department of Defense;
\(ix\) the Financial Crimes Enforcement Network; and
\(x\) the Department of Justice.
\(B\) Consultation.—The Director may consult with any State,
Tribal, local, or international department or agency the
Director determines necessary to carry out the purpose of the
task force described in subsection \(b\).
\(4\) Duties and functions.—To further the purpose of the
task force described in paragraph \(2\), the task force shall—
\(A\) engage in—
\(i\) proactive and reactive investigations; and
\(ii\) forensic and cyberforensic examinations;
\(B\) provide forensic and cyberforensic, technical,
preventive, and investigative training and assistance to—
\(i\) prosecutors; and
\(ii\) law enforcement agencies;
\(C\) develop best practices to assist Federal, State,
Tribal, and local law enforcement agencies, prosecutors, and
others, as appropriate, in the collection of evidence in
order to determine and investigate possible nexuses to the
dark web and virtual assets, including—
\(i\) evidence logging;
\(ii\) evidence maintenance; and
\(iii\) evidence sharing;
\(D\) develop multijurisdictional and multiagency responses
and partnerships with Federal, international, local, and
other law enforcement agencies, as appropriate, by—
\(i\) establishing procedures for information sharing;
\(ii\) establishing lists of recommended specialized
equipment and tools to investigate and prosecute the
distribution of illicit drugs, goods, and services on the
dark web; and
\(iii\) helping the agencies acquire the necessary knowledge,
personnel, and specialized equipment to investigate and
prosecute the distribution of illegal drugs, goods, and
services through the dark web;
\(E\) create novel investigative approaches to—
\(i\) target emerging technologies that facilitate the
distribution of opioids through illicit marketplaces on the
dark web; and
\(ii\) build forensic capacity and expertise to meet the
challenges posed by the technologies;
\(F\) enhance collaboration and coordination with
international partners; and
\(G\) engage in any other activities the Director determines
necessary to carry out the duties of the task force.
\(5\) Guidance and training.—The task force shall provide
guidance and training to officers and employees of the
Federal Bureau of Investigation and other Federal,
international, and other law enforcement agencies, as
appropriate, relating to—
\(A\) techniques and procedures to—
\(i\) recognize evidence or potential evidence relating to
the dark web; and
\(ii\) identify and recognize patterns and practices relating
to the distribution of illegal drugs, services, and goods
through the dark web;
\(B\) the types of information that should be collected and
recorded in information technology systems used by the
Federal Bureau of Investigation to help—
\(i\) identify administrators and operators of illicit
marketplaces;
\(ii\) identify vendors, buyers, and other individuals
involved in the distribution of opioids through illicit
marketplaces; and
\(iii\) detect, disrupt, and dismantle illicit marketplaces;
\(C\) procedures for systematic and routine information
sharing within the Federal Bureau of Investigation and
between Federal, State, Tribal, and local law enforcement
agencies; and
\(D\) any other training or guidance the Director determines
necessary to carry out the duties of the task force.
\(6\) Report.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Federal Bureau of Investigation, acting through the
Director, shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report, which shall include, for the
previous year—
\(A\) a summary of the activities and accomplishments of the
task force;
\(B\) a description of the investigative methods used by the
task force, including an assessment of the effectiveness of
the methods;
\(C\) information on investigation and prosecution
performance measures for the task force, including—
\(i\) the number of investigations the task force conducted
or assisted;
\(ii\) the number of illicit marketplaces detected,
disrupted, or dismantled as a result of an investigation
conducted or assisted by the task force;
\(iii\) the number of arrests relating to an investigation
conducted or assisted by the task force; and
\(iv\) statistics that account for the disposition of
investigations by the task force that did not result in an
arrest or a prosecution;
\(D\) an assessment of partnerships between the task force
and other Federal, State, Tribal, and local law enforcement
agencies, including the effectiveness of guidance and
training provided by the task force to personnel of other
Federal, State, Tribal, and law enforcement agencies;
\(E\) an evaluation of the collaboration and coordination
between the task force and international partners;
\(F\) recommendations for additional congressional or
legislative action, as appropriate, that would be useful or
necessary to achieve the purpose of the task force described
in subsection \(b\);
\(G\) a summary of how transactions involving the
distribution of illegal drugs, goods, and services through
the dark web are financed;
\(H\) a description of a plan to increase the capacity to
investigate the distribution of illegal drugs, goods, and
services through the dark web; and
\(I\) recommendations for additional congressional or
legislative action, as appropriate, that would improve the
efforts of Federal agencies to detect, disrupt, and dismantle
illicit marketplaces, including efforts to identify
individuals and groups involved in the distribution of
illegal drugs, goods, and services through the dark web.
\(7\) Funding.—The Director shall carry out this subsection
using amounts otherwise made available to the Attorney
General.
\(8\) Sunset.—This subsection shall cease to have force or
effect on the date that is 5 years after the date of
enactment of this Act.
\(f\) Report on Virtual Currencies.—Not later than 1 year
after the date of enactment of this Act, the Attorney
General, in consultation with the Secretary of the Treasury
and the Secretary of Homeland Security, shall submit to
Congress a report on the use of virtual currencies in the
distribution of opioids through illicit marketplaces on the
dark web, which shall include—
\(1\) a summary of how virtual currencies are—
\(A\) used to finance transactions involving the distribution
of opioids through illicit marketplaces on the dark web; and
\(B\) exchanged in the course of transactions described in
subparagraph \(A\), including transactions involving—
\(i\) peer-to-peer networks;
\(ii\) virtual currency;
\(iii\) money transmitters; or
\(iv\) other financial institutions;
\(2\) the number of instances involving the distribution of
opioids through illicit marketplaces on the dark web in which
an individual involved used a virtual currency to finance the
distribution;
\(3\) the most common types of virtual currencies used by
individuals involved in the distribution of opioids through
illicit marketplaces on the dark web;
\(4\) an assessment of the capacity to investigate the use of
virtual currencies in the distribution of opioids through
illicit marketplaces on the dark web, including—
\(A\) efforts to assist financial institutions in detecting,
identifying, and reporting suspicious activity and money
laundering;
\(B\) efforts to obtain financial records and other documents
from virtual currency operators and exchanges;
\(C\) training and guidance to Federal, State, Tribal, and
local law enforcement agencies and prosecutors; and
\(D\) coordination and collaboration with international
partners; and
\(5\) recommendations for additional congressional or
legislative action that would improve the efforts of Federal
agencies to detect, disrupt, and dismantle illicit
marketplaces on the dark web, including efforts to identify
individuals using virtual currencies in the distribution of
opioids through illicit marketplaces on the dark web.
\(g\) Five-year Update.—It is the sense of Congress that,
not less frequently than once every 5 years, Congress should
evaluate and, if necessary, update the definition of the term
“dark web” in section 401\(i\) of the Controlled Substances
Act \(21 U.S.C. 841\(i\)\), as added by subsection \(d\) of this
section.
\(h\) Severability.—If any portion of this section, or the
amendments made by this section, or the application thereof
to any person or circumstance is held invalid, the remainder
of this section and the amendments made by this section, and
the application of this section or the amendments made by
this section to other persons not similarly situated or to
other circumstances shall not be affected by the
invalidation.
SA 6440. Ms. HASSAN \(for herself and Mr. Lankford\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Enhancing Southbound Inspections
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the “Enhancing Southbound
Inspections to Combat Cartels Act”.
SEC. 1094A. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Appropriations of the Senate;
\(B\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(C\) the Committee on the Judiciary of the Senate;
\(D\) the Committee on Appropriations of the House of
Representatives;
\(E\) the Committee on Homeland Security of the House of
Representatives; and
\(F\) the Committee on the Judiciary of the House of
Representatives.
\(2\) United states land borders.—The term “United States
land borders” means—
\(A\) the international land border between the United States
and Mexico; and
\(B\) the international land border between the United States
and Canada.
SEC. 1094B. ADDITIONAL INSPECTION EQUIPMENT AND
INFRASTRUCTURE.
\(a\) Imaging Systems.—The Commissioner of U.S. Customs and
Border Protection is authorized to use previously
appropriated funds—
\(1\) to purchase up to 25 additional non-intrusive imaging
systems; and
\(2\) to procure additional associated supporting
infrastructure.
\(b\) Deployment.—The systems and infrastructure purchased
or otherwise procured pursuant to subsection \(a\) shall be
deployed along the United States land borders for the primary
purpose of inspecting any persons, conveyances, or modes of
transportation traveling—
\(1\) from the United States to Mexico or Canada; or
\(2\) from Canada or Mexico to the United States.
\(c\) Alternative Equipment.—The Commissioner of U.S.
Customs and Border Protection is authorized to use previously
appropriated funds to procure additional infrastructure or
alternative inspection equipment that the Commissioner deems
necessary for the purpose of inspecting any persons,
conveyances, or modes of transportation traveling—
\(1\) from the United States to Mexico or Canada; or
\(2\) from Canada or Mexico to the United States.
\(d\) Sunset.—Subsections \(a\) and \(c\) shall cease to have
any force and effect beginning on the date that is 3 years
after the date of the enactment of this Act.
SEC. 1094C. ADDITIONAL HOMELAND SECURITY INVESTIGATIONS
PERSONNEL FOR INVESTIGATIONS OF SOUTHBOUND
SMUGGLING.
\(a\) HSI Special Agents.—The Director of U.S. Immigration
and Customs Enforcement shall use previously appropriated
funds to hire, train, and assign—
\(1\) not fewer than 50 new Homeland Security Investigations
special agents to primarily assist with investigations
involving the smuggling of currency and firearms from the
United States to Mexico; and
\(2\) not fewer than 50 new Homeland Security Investigations
special agents to assist with investigations involving the
smuggling of contraband, human trafficking and smuggling
\(including that of children\), drug smuggling, and
unauthorized entry into the United States from Mexico.
\(b\) Support Staff.—The Director is authorized to use
previously appropriated funds to hire, train, and assign such
additional support staff as may be necessary to support the
functions carried out by the special agents hired pursuant to
subsection \(a\).
SEC. 1094D. REPORT.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees that—
\(1\) identifies the resources provided, including equipment,
personnel, and infrastructure, and the annual budget to carry
out outbound and inbound inspections, including, to the
extent practicable, resources specifically used for
inspections of any individuals and modes of transportation—
\(A\) from the United States to Mexico or to Canada; and
\(B\) from Mexico or Canada into the United States.
\(2\) describes the operational cadence of all outbound and
inbound inspections of individuals and conveyances traveling
from the United States to Mexico or to Canada and from Mexico
or Canada into the United States, described as a percentage
of total encounters or as the total number of inspections
conducted;
\(3\) describes any plans that would allow for the use of
alternative inspection sites near a port of entry;
\(4\) includes an estimate of—
\(A\) the number of vehicles and conveyances that can be
inspected with up to 50 additional non-intrusive imaging
systems dedicated to southbound inspections; and
\(B\) the number of vehicles and conveyances that can be
inspected with up to 50 additional non-intrusive imaging
systems that may be additionally dedicated to inbound
inspections along the southwest border; and
\(5\) assesses the capability of inbound inspections by
authorities of the Government of Mexico, in cooperation with
United States law enforcement agencies, to detect and
interdict the flow of illicit weapons and currency being
smuggled—
\(A\) from the United States to Mexico; and
\(B\) from Mexico into the United States.
\(b\) Classification.—The report submitted pursuant to
subsection \(a\), or any part of such report, may be classified
or provided with other appropriate safeguards to prevent
public dissemination.
SEC. 1094E. MINIMUM MANDATORY SOUTHBOUND INSPECTION
REQUIREMENT.
\(a\) Requirement.—Not later than March 30, 2030, the
Secretary of Homeland Security shall ensure, to the extent
practicable, that not fewer than 10 percent of all
conveyances and other modes of transportation traveling from
the United States to Mexico are inspected before leaving the
United States.
\(b\) Authorized Inspection Activities.—Inspections required
under subsection \(a\) may include non-intrusive imaging,
physical inspections by officers or canine units, or other
means authorized by the Secretary of Homeland Security if all
such inspections are completed in full compliance with the
Fourth Amendment to the Constitution of the United States.
\(c\) Report on Additional Inspections Capabilities.—Not
later than March 30, 2031, the Secretary of Homeland Security
shall submit a report to the appropriate congressional
committees that assesses the Department of Homeland
Security's timeline and resource requirements for increasing
inspection rates to 15 and 20 percent, respectively, of all
conveyances and modes of transportation traveling from the
United States to Mexico.
SEC. 1094F. CURRENCY AND FIREARMS SEIZURES QUARTERLY REPORT.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter until
the date that is 3 years after such date of enactment, the
Commissioner for U.S. Customs and Border Protection shall
submit a report to the appropriate congressional committees
that describes the seizure of currency, firearms, and
ammunition attempted to be trafficked out of the United
States.
\(b\) Contents.—Each report submitted pursuant to subsection
\(a\) shall include, for the most recent 90-day period for
which such information is available—
\(1\) the total number of currency seizures that occurred
from outbound inspections at United States ports of entry;
\(2\) the total dollar amount associated with the currency
seizures referred to in paragraph \(1\);
\(3\) the total number of firearms seized from outbound
inspections at United States ports of entry;
\(4\) the total number of ammunition rounds seized from
outbound inspections at United States ports of entry; and
\(5\) the total number of incidents of firearm seizures and
ammunition seizures that occurred at United States ports of
entry.
SEC. 1094G. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND
REPORT.
The Comptroller General of the United States shall—
\(1\) conduct a study to determine the number of new Homeland
Security Investigations agents and additional non-intrusive
imaging systems that are needed—
\(A\) to investigate the smuggling of currency and firearms
across the United States land borders; and
\(B\) to inspect persons, conveyances, and modes of
transportation traveling across such borders; and
\(2\) submit a report to Congress containing the results of
such study.
SA 6441. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. LIMITATION ON USE OF WAIVER AUTHORITY FOR TRANSFER
OF F-35 AIRCRAFT TO TURKEY.
\(a\) In General.—Notwithstanding any other provision of
law, the waiver authority under section 1245 of the National
Defense Authorization Act for Fiscal Year 2020 \(Public Law
116-92; 133 Stat. 1659\) may not be exercised until the date
on which the Secretary of State, in consultation with the
Secretary of the Treasury, certifies to appropriate
committees of Congress that Turkey has ended forms of support
for foreign terrorist organizations.
\(b\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate.
\(2\) Foreign terrorist organization.—The term “foreign
terrorist organization” means any organization designated by
the Secretary of State in accordance with section 219 of the
Immigration and Nationality Act \(8 U.S.C. 1189\).
\(3\) Support for terrorism.—The term “support for
terrorism” includes—
\(A\) materiel transfer to designated individuals;
\(B\) use of domestic financial institutions to transfer
funds to designated individuals; and
\(C\) harboring of individuals designated for terrorism.
SA 6442. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. \_\_. MAKING PERMANENT THE DIRECT HIRE AUTHORITY FOR
DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES,
THE MAJOR RANGE AND TEST FACILITIES BASE, AND
THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST
AND EVALUATION.
\(a\) Codification of Section 1125 of FY 2017 NDAA.—Chapter
81 of title 10, United States Code, is amended by adding at
the end a new section consisting of—
\(1\) a heading as follows:
“Sec. 1599k. Direct hire authority for domestic defense
industrial base facilities, the Major Range and Test
Facilities Base, and the Office of the Director of
Operational Test and Evaluation”;
and
\(2\) a text consisting of the text of section 1125 of the
National Defense Authorization Act for Fiscal Year 2017 \(10
U.S.C. 1580 note prec.\).
\(b\) Conforming Amendments in Connection With
Codification.—Section 1599k of title 10, United States Code,
as added by subsection \(a\), is amended—
\(1\) in subsection \(a\)—
\(A\) by striking “During each of fiscal years 2017 through
2025, the Secretary” and inserting “The Secretary”; and
\(B\) by striking “United States Code,”; and
\(2\) in subsection \(b\)—
\(A\) by striking “During fiscal years 2017 through 2021,
the Secretary” and inserting “The Secretary”; and
\(B\) by striking “United States Code,”.
\(c\) Clerical Amendment.—The table of sections at the
beginning of chapter 81 of such title is amended by adding at
the end the following new item:
“1599k. Direct hire authority for domestic defense industrial base
facilities, the Major Range and Test Facilities Base, and
the Office of the Director of Operational Test and
Evaluation.”.
\(d\) Conforming Repeal.—Section 1125 of the National
Defense Authorization Act for Fiscal Year 2017 \(10 U.S.C.
1580 note prec.\) is repealed.
SA 6443. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IX, add the following:
Subtitle D—Military Chaplains Modernization Act of 2026
SEC. 931. SHORT TITLE.
This subtitle may be cited as the “Military Chaplains
Modernization Act of 2026”.
SEC. 932. FINDINGS.
Congress makes the following findings:
\(1\) Religion and religious liberty have always served an
essential role in society, culture, and military service,
making them necessary for good democratic governance and a
strong military.
\(2\) George Washington, as a young colonel, recognized the
importance of religious practice for his soldiers, repeatedly
requesting chaplains for his troops and periodically
performing religious duties himself.
\(3\) When the Second Continental Congress established the
Continental Army in June 1775, it recommended “all officers
and soldiers diligently to attend Divine Service”.
\(4\) In 1775, at the behest of George Washington, then
General of the Continental Army, the Second Continental
Congress established the Federal chaplaincy that is in
existence to this day, making it one of the oldest military
services provided for American troops.
\(5\) From their earliest days, military chaplains have
existed to provide pastoral care, meeting the religious needs
of members of the Armed Forces and their families.
\(6\) In 1775, the Continental Congress, understanding the
significance of chaplaincy, similarly instructed its
fledgling navy that, “The commanders of the ships of the
Thirteen United Colonies are to take care that divine
services be performed twice a day on board, and a sermon
preached on Sundays, unless bad weather or other
extraordinary accidents prevent it.”.
\(7\) John Adams instructed his Secretary of the Navy on the
influence of a Navy chaplaincy, stating, “I know not whether
the commanders of our ships have given much attention to this
subject \[chaplains\], but in my humble opinion, we shall be
very unskillful politicians as well as bad Christians and
unwise men if we neglect this important office in our infant
Navy.”.
\(8\) In 1942, Franklin D. Roosevelt also acknowledged the
importance of the chaplaincy by vowing to “never fail to
provide for the spiritual needs of our officers and men under
the Chaplains of our armed forces”, and during World War II,
President Roosevelt had Bibles printed and provided to troops
in the field.
\(9\) Understanding the importance of religion not only to
the members of the United States military, but also to the
United States as a whole, the Founders ratified the First
Amendment to the United States Constitution in 1791.
\(10\) Under the First Amendment, which applies to the Armed
Forces, the Federal Government has a constitutional duty to
provide for the religious exercise of members of the Armed
Forces, an obligation to which the chaplain corps is
essential.
\(11\) The Supreme Court stated, in Kennedy v. Bremerton
School District, 597 U.S. 507 \(2022\), that the court is
“aware of no historically sound understanding of the
Establishment Clause that begins to \`mak\[e\] it necessary for
government to be hostile to religion'. . .”.
\(12\) In Kennedy v. Bremerton School District, the Supreme
Court further explained that “the Establishment Clause does
not include anything like a \`modified heckler's veto, in
which . . . religious activity can be proscribed' based on
\`perceptions' or \`discomfort' ” and that the Clause does not
“ \`compel the government to purge from the public sphere'
anything an objective observer could reasonably infer
endorses or \`partakes of the religious' ”.
\(13\) The Supreme Court made clear in Parker v. Levy, 417
U.S. 733 \(1974\) that chaplains in the Armed Forces do not
forfeit their First Amendment rights by virtue of their
military service.
\(14\) Section 6 of the Religious Freedom Restoration Act of
1993 \(42 U.S.C. 2000bb-3\) specifies that that Act \(42 U.S.C.
2000bb et seq.\) “applies to all Federal law, and the
implementation of that law, whether statutory or otherwise,
and whether adopted before or after \[November 16, 1993\]”.
SEC. 933. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR ARMY CHAPLAINS.
\(a\) Chaplains.—Section 7073 of title 10, United States
Code, is amended—
\(1\) in subsection \(a\)—
\(A\) by redesignating paragraphs \(2\) and \(3\) as paragraphs
\(5\) and \(6\), respectively; and
\(B\) by inserting after paragraph \(1\) the following new
paragraph:
“\(2\) the Deputy Chief of Chaplains;
“\(3\) the Deputy Chief of Chaplains for the Army Reserve;
“\(4\) the Deputy Chief of Chaplains for the Army National
Guard;”;
\(2\) by redesignating subsection \(b\) as subsection \(f\);
\(3\) by inserting after subsection \(a\) the following new
subsections:
“\(b\) The Chief of Chaplains shall serve as a principal
advisor to the Secretary of the Army and the Chief of Staff
of the Army.
“\(c\) The Deputy Chief of Chaplains shall serve under the
authority, direction, and control of the Chief of Chaplains.
“\(d\) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for the
Army Reserve shall serve as a principal advisor to the Chief
of the Army Reserve.
“\(e\) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for the
Army National Guard shall serve as a principal advisor to the
Chief of the National Guard Bureau.”; and
\(4\) adding at the end the following new subsection:
“\(g\) The Deputy Chiefs of Chaplains, while so serving,
hold the grade of brigadier general.”.
\(b\) Chiefs of Branches: Appointment; Duties.—Section 7036
of title 10, United States Code, is amended—
\(1\) by redesignating subsection \(g\) as subsection \(h\); and
\(2\) by inserting after subsection \(f\) the following new
subsection \(g\):
“\(g\) The Chief of Chaplains serves as the principal
advisor to the Secretary of the Army and the Chief of Staff
of the Army on chaplaincy matters and the provision of
religious support in the Army, including strategic planning
and the development of policies that affect religious support
or have a nexus with the chaplaincy.”.
\(c\) Chaplains.—Section 7217 of title 10, United States
Code, is amended to read as follows:
“Sec. 7217. Duties, responsibilities, requirements, and
protections for Army chaplains
“\(a\) Duties, Responsibilities, and Requirements.—\(1\) The
Army Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Army and the Chief of
Chaplains of the Army.
“\(2\) The Army Chaplaincy shall be overseen by the Chief of
Chaplains and shall—
“\(A\) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to—
“\(i\) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration
Act of 1993 \(42 U.S.C. 2000bb-1\), and related statutes and
policies;
“\(ii\) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
“\(iii\) assisting commanders by serving as advisers with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
“\(iv\) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
“\(B\) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents of members, potentially in
isolated or combat environments;
“\(C\) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
“\(D\) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
“\(E\) maintain confidential, sacramental, and privileged
communications, including those recognized under applicable
laws and policies.
“\(3\) The tasks of chaplains in the Army shall include, but
not be limited to, the following:
“\(A\) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances \(such as memorials,
weddings, retirements, sermons, worship, and burials\).
“\(B\) Counseling, meeting, advising, and praying with
individuals or groups.
“\(C\) Providing crisis prevention and response.
“\(D\) Providing pastoral and spiritual care, guidance,
support, and activities.
“\(E\) Advising on religious accommodation requests.
“\(F\) Providing religious training and education.
“\(b\) Protections.—\(1\) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection \(a\), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
“\(2\) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
“\(3\) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
“\(4\) No member of the Armed Forces may—
“\(A\) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech contrary to the sincerely
held religious beliefs of the chaplain or contrary to the
manner, form, or tenets of the chaplain's religious-endorsing
organization;
“\(B\) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the religious-endorsing organization of the chaplain,
consistent with section 3 of the Religious Freedom
Restoration Act of 1993 \(42 U.S.C. 2000bb-1\);
“\(C\) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including—
“\(i\) denial of promotion, schooling, training, assignment,
or financial recoupment;
“\(ii\) issuance of letters of reprimand; or
“\(iii\) any other adverse action or entry in the chaplain's
record; or
“\(D\) preclude a chaplain from conducting an activity
described in paragraph \(2\).
“\(5\) A member of the Armed Forces who violates paragraph
\(4\) shall be subject to prosecution under the Uniform Code of
Military Justice.
“\(c\) Assistance by Commanding Officers.—Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection \(a\).
“\(d\) Definitions.—In this section:
“\(1\) Administrative endorser.—The term \`administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that—
“\(A\) are religious-endorsing organizations;
“\(B\) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
“\(C\) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph \(5\)\(A\)\(iii\) that
possessed authority to endorse chaplains.
“\(2\) Adverse personnel action.—The term \`adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including—
“\(A\) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
“\(B\) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
“\(3\) Censorship.—The term \`censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
“\(4\) Confidential, sacramental, and privileged
communications.—The term \`confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
“\(5\) Religious-endorsing organization.—\(A\) The term
\`religious-endorsing organization' means an entity that—
“\(i\)\(I\) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
“\(II\) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
“\(ii\)\(I\) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
“\(II\) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
“\(III\) performs the function described in clause \(i\)\(II\)
on behalf of its member religious organizations and religious
ministry professionals.
“\(B\) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause \(I\) and \(II\) of subparagraph \(A\)\(i\).”.
SEC. 934. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR NAVY CHAPLAINS.
\(a\) Chaplain Corps and Chief of Chaplains.—Section 8082 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
“\(f\) The Chief of Chaplains shall serve as a principal
adviser to the Secretary of the Navy and the Chief of Naval
Operations.”.
\(b\) Deputy Chiefs of Chaplains.—Section 8082a of title 10,
United States Code, is amended to read as follows:
“Sec. 8082a. Deputy Chiefs of Chaplains
“\(a\) The Secretary of the Navy shall detail as Deputy
Chiefs of Chaplains officers of the Chaplain Corps in the
grade of commander or above who are on active duty and who
have served on active duty in the Chaplain Corps for at least
eight years.
“\(b\) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains shall also
serve as the Chaplain of the Marine Corps and shall serve as
a principal advisor to the Commandant of the Marine Corps.
“\(c\) Under the authority, direction, and control of the
Chief of Chaplains, the Deputy Chief of Chaplains for Reserve
Matters shall also serve as a principal advisor to the Chief
of Navy Reserve.
“\(d\) The Deputy Chiefs of Chaplains, while so serving,
hold the grade of rear admiral \(lower half\).”.
\(c\) Chaplains.—Section 8221 of title 10, United States
Code, is amended to read as follows:
“Sec. 8221. Duties, responsibilities, requirements, and
protections for Navy chaplains
“\(a\) Duties, Responsibilities, and Requirements.—\(1\) The
Navy Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Navy and the Chief of
Chaplains of the Navy.
“\(2\) The Navy Chaplaincy shall be overseen by the Chief of
Chaplains and shall—
“\(A\) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to—
“\(i\) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration Act of 1993 \(42 U.S.C. 2000bb-
1\), and related statutes and policies;
“\(ii\) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
“\(iii\) assisting commanders by serving as an adviser with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
“\(iv\) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
“\(B\) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents, potentially in isolated
or combat environments;
“\(C\) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
“\(D\) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
“\(E\) maintain confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
“\(3\) The tasks of chaplains in the Navy shall include, but
not be limited to, the following:
“\(A\) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances \(such as memorials,
weddings, retirements, sermons, worship, and burials\).
“\(B\) Counseling, meeting, advising, and praying with
individuals or groups.
“\(C\) Providing crisis prevention and response.
“\(D\) Providing pastoral and spiritual care, guidance,
support, and activities.
“\(E\) Advising on religious accommodation requests.
“\(F\) Providing religious training and education.
“\(b\) Protections.—\(1\) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection \(a\), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
“\(2\) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
“\(3\) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
“\(4\) No member of the Armed Forces may—
“\(A\) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech, contrary to the
sincerely held religious beliefs of the chaplain or contrary
to the manner, form, or tenets of the chaplain's religious-
endorsing organization;
“\(B\) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the chaplain's religious-endorsing organization, consistent
with section 3 of the Religious Freedom Restoration Act of
1993 \(42 U.S.C. 2000bb-1\);
“\(C\) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including—
“\(i\) denial of promotion, schooling, training, assignment,
or financial recoupment;
“\(ii\) issuance of letters of reprimand; or
“\(iii\) any other adverse action or entry in the chaplain's
record; or
“\(D\) preclude a chaplain from conducting an activity
described in paragraph \(2\).
“\(5\) A member of the Armed Forces who violates paragraph
\(4\) shall be subject to prosecution under the Uniform Code of
Military Justice.
“\(c\) Assistance by Commanding Officers.—Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection \(a\).
“\(d\) Definitions.—In this section:
“\(1\) Administrative endorser.—The term \`administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that—
“\(A\) are religious-endorsing organizations;
“\(B\) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
“\(C\) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph \(5\)\(A\)\(iii\) that
possessed authority to endorse chaplains.
“\(2\) Adverse personnel action.—The term \`adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including—
“\(A\) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
“\(B\) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
“\(3\) Censorship.—The term \`censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
“\(4\) Confidential, sacramental, and privileged
communications.—The term \`confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
“\(5\) Religious-endorsing organization.—\(A\) The term
\`religious-endorsing organization' means an entity that—
“\(i\)\(I\) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
“\(II\) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
“\(ii\)\(I\) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
“\(II\) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
“\(III\) performs the function described in clause \(i\)\(II\)
on behalf of its member religious organizations and religious
ministry professionals.
“\(B\) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause \(I\) and \(II\) of subparagraph \(A\)\(i\).”.
SEC. 935. DUTIES, RESPONSIBILITIES, REQUIREMENTS, AND
PROTECTIONS FOR AIR FORCE CHAPLAINS.
\(a\) Chief of Chaplains.—Section 9039 of title 10, United
States Code, is amended by adding at the end the following:
“\(d\) The Chief of Chaplains shall serve as the principal
adviser to the Secretary of the Air Force and the Chief of
Staff of the Air Force on chaplaincy and religious support,
including strategic planning and policy development related
to those areas.
“\(e\) The Air Force Chaplaincy, which also services the
Space Force, shall—
“\(1\) be overseen by the Office of the Chief of Chaplains;
and
“\(2\) advise and assist commanders in ensuring the right of
members of the armed forces to religious freedom, in
accordance with the First Amendment to the Constitution of
the United States, section 3 of the Religious Freedom
Restoration Act of 1993 \(42 U.S.C. 2000bb-1\), and applicable
laws and policies.”.
\(b\) Deputy Chief of Chaplains.—Chapter 905 of title 10,
United States Code, is amended by inserting after section
9039 the following new section:
“Sec. 9039a. Deputy Chief of Chaplains: appointment; duties
“\(a\) The Secretary of the Air Force shall detail as a
Deputy Chief of Chaplains one or more officers of the
Chaplain Corps in the grade of colonel or above who are on
active duty and who have served on active duty in the
Chaplain Corps for at least eight years.
“\(b\) Under the authority, direction, and control of the
Chief of Chaplains, a Deputy Chief of Chaplains shall also
serve as the Chaplain of the Space Force and shall serve as a
principal advisor to the Chief of Space Operations.
“\(c\) A Deputy Chief of Chaplains, while so serving, holds
the grade of brigadier general.”.
\(c\) The Air Staff: Function; Composition.—Section 9031 of
title 10, United States Code, is amended—
\(1\) by redesignating paragraphs \(7\), \(8\), and \(9\) as
paragraphs \(8\), \(9\), and \(10\), respectively; and
\(2\) by inserting after paragraph \(6\) the following new
paragraph \(7\):
“\(7\) The Chief of Chaplains for the Air Force and the
Space Force.”.
\(d\) Chaplains.—Section 9217 of title 10, United States
Code, is amended to read as follows:
“Sec. 9217. Duties, responsibilities, requirements, and
protections for Air Force chaplains
“\(a\) Duties, Responsibilities, and Requirements.—\(1\) The
Air Force Chaplaincy shall perform such duties as may be
prescribed by the Secretary of the Air Force and the Chief of
Chaplains of the Air Force.
“\(2\) The Air Force Chaplaincy shall be overseen by the
Chief of Chaplains and shall—
“\(A\) serve as principal advisers to commanders on all
issues concerning religious practices, spiritual readiness,
spiritual care, religious provisions, and religion's
influence on military operations, which shall include, but
not be limited to—
“\(i\) advising and assisting commanders in discharging
their responsibilities to provide for the free exercise of
religion in military service, pursuant to the First Amendment
to the Constitution of the United States, section 3 of the
Religious Freedom Restoration Act of 1993 \(42 U.S.C. 2000bb-
1\), and related statutes and policies;
“\(ii\) assisting commanders in managing religious affairs,
including the accommodation of religious practices and the
development of policies and procedures related to the free
exercise of religion;
“\(iii\) assisting commanders by serving as an adviser with
respect to all religious accommodation requests and by
providing advice on spiritual readiness and matters
concerning religion, morals, ethics, well-being, and morale;
and
“\(iv\) overseeing education and training programs
concerning the accommodation of religious practices for
members of the armed forces;
“\(B\) meet the religious requirements and care for the
spiritual needs of members of the armed forces, other
authorized persons, and dependents, potentially in isolated
or combat environments;
“\(C\) have a primary role in providing for the free
exercise of religion and other religious requirements
associated with the free exercise of religion;
“\(D\) facilitate meeting the religious needs and
requirements for members of the armed forces to whom an
assigned chaplain cannot directly minister; and
“\(E\) maintain confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
“\(3\) The tasks of chaplains in the Air Force shall
include, but not be limited to, the following:
“\(A\) Performing religious rites, rituals, services,
ordinances, ceremonies, and observances \(such as memorials,
weddings, retirements, sermons, worship, and burials\).
“\(B\) Counseling, meeting, advising, and praying with
individuals or groups.
“\(C\) Providing crisis prevention and response.
“\(D\) Providing pastoral and spiritual care, guidance,
support, and activities.
“\(E\) Advising on religious accommodation requests.
“\(F\) Providing religious training and education.
“\(b\) Protections.—\(1\) A chaplain's duties,
responsibilities, and requirements, as set forth in
subsection \(a\), shall be conducted in a manner consistent
with the chaplain's sincerely held religious beliefs and the
manner, form, and tenets of the chaplain's religious-
endorsing organization.
“\(2\) A chaplain shall have the right to conduct public
worship, provide counseling, teach, deliver sermons, advise,
minister, and offer prayer in accordance with the chaplain's
sincerely held religious beliefs and the manner, form, and
tenets of the chaplain's religious-endorsing organization.
Those activities shall be free from censorship, undue
restriction, or fear of retribution.
“\(3\) A chaplain shall uphold the chaplain's duty to
protect confidential, sacramental, and privileged
communications, including communications recognized under
applicable laws and policies.
“\(4\) No member of the Armed Forces may—
“\(A\) require or assign a chaplain to perform any rite,
ritual, ceremony, sermon, or speech contrary to the sincerely
held religious beliefs of the chaplain or contrary to the
manner, form, or tenets of the chaplain's religious-endorsing
organization;
“\(B\) require or assign a chaplain to perform any task or
action contrary to the sincerely held religious beliefs of
the chaplain or contrary to the manner, form, or tenets of
the chaplain's religious-endorsing organization, consistent
with section 3 of the Religious Freedom Restoration Act of
1993 \(42 U.S.C. 2000bb-1\);
“\(C\) retaliate or discriminate against a chaplain based on
the chaplain's refusal to comply with a requirement
prohibited under this subsection, or take, with respect to
such a refusal by a chaplain, any adverse personnel action
including—
“\(i\) denial of promotion, schooling, training, assignment,
or financial recoupment;
“\(ii\) issuance of letters of reprimand; or
“\(iii\) any other adverse action or entry in the chaplain's
record; or
“\(D\) preclude chaplains from exercising the activities
described in paragraph \(2\).
“\(5\) A member of the Armed Forces who violates paragraph
\(4\) shall be subject to prosecution under the Uniform Code of
Military Justice.
“\(c\) Assistance by Commanding Officers.—Each officer
shall furnish facilities, including necessary transportation,
to any chaplain assigned to the command of the officer, to
assist the chaplain in performing the duties,
responsibilities, and requirements of the chaplain under
subsection \(a\).
“\(d\) Definitions.—In this section:
“\(1\) Administrative endorser.—The term \`administrative
endorser' means an organization that was approved to endorse
chaplains for service in the armed forces under the
requirements of the Department of Defense and the armed force
in which those chaplains will serve, as in effect at the time
the organization initially began endorsing chaplains, not on
its own behalf, but on behalf of one or more external
religious organizations that—
“\(A\) are religious-endorsing organizations;
“\(B\) at the time the organization initially began
endorsing chaplains, did not possess the organizational
capacity to endorse chaplains directly; and
“\(C\) were not members of, nor otherwise affiliated with, a
fellowship or other organizational structure meeting the
requirements set forth in paragraph \(5\)\(A\)\(iii\) that
possessed authority to endorse chaplains.
“\(2\) Adverse personnel action.—The term \`adverse
personnel action' means any action taken against a member of
the Armed Forces that affects or has the potential to
adversely affect the member's current position or career,
including—
“\(A\) a disciplinary action, transfer, negative performance
evaluation, removal, separation, discharge, or mental health
evaluation; and
“\(B\) a decision not to give the member a promotion, an
increase in pay or benefits, an award, training, or relief.
“\(3\) Censorship.—The term \`censorship' means any
governmental action taken to suppress or restrict
information, ideas, or expression.
“\(4\) Confidential, sacramental, and privileged
communications.—The term \`confidential, sacramental, and
privileged communications' means any private communication
made to a chaplain acting in the chaplain's capacity as a
spiritual advisor.
“\(5\) Religious-endorsing organization.—\(A\) The term
\`religious-endorsing organization' means an entity that—
“\(i\)\(I\) is organized and functions primarily to perform
religious ministries to nonmilitary lay members and meets the
requirements of the Department of Defense and the armed force
in which chaplains endorsed by the entity will serve; and
“\(II\) possesses ecclesiastical authority to endorse and
withdraw endorsements for chaplains serving under the
authority of the entity to conduct religious observances or
ceremonies in a military context; or
“\(ii\)\(I\) meets the requirements of the Department of
Defense and the armed force in which chaplains endorsed by
the entity will serve;
“\(II\) is organized and functions primarily to support
member religious organizations and religious ministry
professionals that function primarily to perform religious
ministries to nonmilitary lay members; and
“\(III\) performs the function described in clause \(i\)\(II\)
on behalf of its member religious organizations and religious
ministry professionals.
“\(B\) An administrative endorser that endorses chaplains
before the date of the enactment of this section may continue
to endorse chaplains on and after such date of enactment if
administrative endorser meets the requirements of the
Department of Defense and the armed force in which chaplains
endorsed by the administrative endorser will serve to provide
documentation verifying that the religious organizations the
administrative endorser represents meet the requirements of
subclause \(I\) and \(II\) of subparagraph \(A\)\(i\).”.
SEC. 936. DEFINITION OF CHAPLAIN FOR TITLE 10, UNITED STATES
CODE.
Section 101\(b\) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
“\(17\) The term \`chaplain' means a fully qualified
religious ministry professional from a religious tradition
who—
“\(A\) satisfies the professional qualifications of the
chaplain's religious-endorsing organization \(as defined in
sections 7217, 8221, and 9217 of this title\) and the
educational requirements of the Department of Defense and the
Armed Force in which the chaplain serves or will serve; and
“\(B\) is appointed as both an officer in the Chaplain Corps
of the Armed Forces and a representative of the chaplain's
religious-endorsing organization, to which the chaplain shall
remain accountable to for providing religious ministry to the
armed forces.”.
SEC. 937. EFFECT OF VIOLATIONS.
\(a\) In General.—A member of the Armed Forces who violates
section 7217\(b\)\(4\), 8221\(b\)\(4\), or 9217\(b\)\(4\) of title 10,
United States Code, as added by section 933, shall be subject
to prosecution under section 934 of such title \(article 134
of the Uniform Code of Military Justice\).
\(b\) Regulations.—Not later than one year after the date of
the enactment of this Act, the President shall—
\(1\) prescribe regulations establishing that a violation of
section 7217\(b\)\(4\), 8221\(b\)\(4\), or 9217\(b\)\(4\) of title 10,
United States Code, as added by section 933, constitutes an
offense punishable under section 934 of such title \(article
134 of the Uniform Code of Military Justice\); and
\(2\) revise the Manual for Courts-Martial to include such
offenses.
SEC. 938. REGULATIONS.
The Secretary of Defense shall prescribe such regulations
as are necessary to carry out the amendments made by this
subtitle.
SEC. 939. CONFORMING AMENDMENTS.
\(a\) Existing Protections for Chaplains.—Section 533 of the
National Defense Authorization Act for Fiscal Year 2013
\(Public Law 112-239; 10 U.S.C. 1030 note prec.\) is amended—
\(1\) in the section heading, by striking “and chaplains of
such members”;
\(2\) by striking subsection \(b\); and
\(3\) by redesignating subsection \(c\) as subsection \(b\).
\(b\) Professional Functions of the Air Force.—Section
9063\(h\) of title 10, United States Code, is amended by adding
“in accordance with section 9217\(a\)” after “Secretary”.
SA 6444. Mr. GRASSLEY \(for himself and Mr. Coons\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . FIGHTING POST-TRAUMATIC STRESS DISORDER ACT OF
2026.
\(a\) Short Title.—This section may be cited as the
“Fighting Post-Traumatic Stress Disorder Act of 2026”.
\(b\) Findings.—Congress finds the following:
\(1\) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
\(2\) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with
situations that are stressful, graphic, harrowing, and life-
threatening.
\(3\) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute
stress disorder.
\(4\) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point
in their lifetimes, including depression and post-traumatic
stress disorder, in comparison to 20 percent of the general
population that develops such conditions.
\(5\) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
\(6\) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
\(7\) It is estimated that between 125 and 300 police
officers die by suicide every year.
\(8\) In 2019, pursuant to section 2\(b\) of the Law
Enforcement Mental Health and Wellness Act of 2017 \(Public
Law 115-113; 131 Stat. 2276\), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report \(referred to in this subsection as
the “LEMHWA report”\) that expressed that many law
enforcement agencies do not have the capacity or local access
to the mental health professionals necessary for treating
their law enforcement officers.
\(9\) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
\(10\) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
\(c\) Programming for Post-traumatic Stress Disorder.—
\(1\) Definitions.—In this subsection:
\(A\) Public safety officer.—The term “public safety
officer”—
\(i\) has the meaning given the term in section 1204 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
\(34 U.S.C. 10284\); and
\(ii\) includes Tribal public safety officers.
\(B\) Public safety telecommunicator.—The term “public
safety telecommunicator” means an individual who—
\(i\) operates telephone, radio, or other communication
systems to receive and communicate requests for emergency
assistance at 911 public safety answering points and
emergency operations centers;
\(ii\) takes information from the public and other sources
relating to crimes, threats, disturbances, acts of terrorism,
fires, medical emergencies, and other public safety matters;
and
\(iii\) coordinates and provides information to law
enforcement and emergency response personnel.
\(2\) Report.—Not later than 150 days after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Office of Community Oriented Policing
Services of the Department of Justice, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on—
\(A\) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to
be administered by the Department of Justice for making
state-of-the-art treatments or preventative care available to
public safety officers and public safety telecommunicators
with regard to job-related post-traumatic stress disorder or
acute stress disorder by providing public safety officers and
public safety telecommunicators access to evidence-based
trauma-informed care, peer support, counselor services, and
family supports for the purpose of treating or preventing
post-traumatic stress disorder or acute stress disorder;
\(B\) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in subparagraph \(A\) under the proposed program;
\(C\) how each proposed program described in subparagraph \(A\)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
\(D\) a draft of legislative language necessary to authorize
each proposed program described in subparagraph \(A\); and
\(E\) an estimate of the amount of annual appropriations
necessary for administering each proposed program described
in subparagraph \(A\).
\(3\) Development.—In developing the report required under
paragraph \(1\), the Attorney General shall consult relevant
stakeholders, including—
\(A\) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
\(B\) nongovernmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers, public safety telecommunicators, and family members
of public safety officers and public safety
telecommunicators.
SA 6445. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Health Care Cybersecurity and Resiliency
SECTION 1094. SHORT TITLE.
This subtitle may be cited as the “Health Care
Cybersecurity and Resiliency Act of 2026”.
SEC. 1094A. DEFINITIONS.
In this subtitle:
\(1\) Agency.—The term “Agency” means the Cybersecurity
and Infrastructure Security Agency.
\(2\) Business associate.—The term “business associate”
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations \(or a successor regulation\).
\(3\) Covered entity.—The term “covered entity” has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations \(or a successor regulation\).
\(4\) Cybersecurity incident.—The term “cybersecurity
incident” has the meaning given the term “incident” in
section 3552 of title 44, United States Code.
\(5\) Cybersecurity state coordinator.—The term
“Cybersecurity State Coordinator” means a Cybersecurity
State Coordinator appointed under section 2217\(a\) of the
Homeland Security Act of 2002 \(6 U.S.C. 665c\(a\)\).
\(6\) Director.—The term “Director” means the Director of
the Agency.
\(7\) Healthcare and public health sector.—The term
“Healthcare and Public Health Sector” means the Healthcare
and Public Health sector, as identified in National Security
Memorandum-22 \(April 30, 2024; relating to critical
infrastructure security and resilience\).
\(8\) Information sharing and analysis organization.—The
term “Information Sharing and Analysis Organization” has
the meaning given such term in section 2200 of the Homeland
Security Act of 2002 \(6 U.S.C. 650\).
\(9\) Information system.—The term “information system”
has the meaning given such term in section 2200 of the
Homeland Security Act of 2002 \(6 U.S.C. 650\).
\(10\) Recognized security practices.—The term “recognized
security practices” has the meaning given such term in
section 13412\(b\)\(1\) of the HITECH Act \(42 U.S.C.
17941\(b\)\(1\)\).
\(11\) Secretary.—The term “Secretary” means the Secretary
of Health and Human Services.
SEC. 1094B. DEPARTMENT COORDINATION WITH THE AGENCY.
\(a\) In General.—The Secretary and the Director shall
coordinate, including by entering into a cooperative
agreement, as appropriate, to improve cybersecurity in the
Healthcare and Public Health Sector.
\(b\) Assistance.—
\(1\) In general.—The Secretary shall coordinate with the
Director to make resources available to entities that are
receiving information shared through programs managed by the
Director or the Secretary, including Information Sharing and
Analysis Organizations, sector coordinating councils, and
non-Federal entities.
\(2\) Scope.—The coordination under paragraph \(1\) shall
include—
\(A\) developing products specific to the needs of Healthcare
and Public Health Sector entities;
\(B\) sharing information relating to cyber threat indicators
and appropriate defensive measures, including automating
cyber threat information sharing, in a manner that adequately
protects against unauthorized access or disclosure; and
\(C\) providing technical assistance to covered entities and
business associates to improve cybersecurity preparedness.
\(c\) Joint Cybersecurity Planning.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary and the Director shall
establish a joint cybersecurity capability plan to coordinate
responses to significant cybersecurity incidents affecting
the Healthcare and Public Health Sector.
\(2\) Elements.—The joint cybersecurity capability plan
established under paragraph \(1\) shall include—
\(A\) protocols for rapid information sharing during sector-
wide cybersecurity incidents;
\(B\) coordination mechanisms with the sector coordinating
council for the Healthcare and Public Health Sector; and
\(C\) coordination with Cybersecurity State Coordinators for
incidents affecting multiple States.
\(3\) Submission to congress.—
\(A\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives the final joint cybersecurity capability
plan prepared under paragraph \(1\) and a description of how
such plan implements the elements required under paragraph
\(2\).
\(B\) Updates.—If the Secretary and the Director update the
joint cybersecurity capability plan required under this
subsection, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives such updated plan and a description of how
such plan implements the elements required under paragraph
\(2\).
SEC. 1094C. CLARIFYING CYBERSECURITY RESPONSIBILITIES AT THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES.
\(a\) In General.—The Secretary shall delegate a
representative to lead oversight and coordination of
activities within the Department of Health and Human Services
to support internal and external cybersecurity resilience
within the Healthcare and Public Health Sector, including
coordination and communication with other public and private
entities related to preparedness for, and responses to,
cybersecurity incidents, consistent with applicable
provisions of the Public Health Service Act \(42 U.S.C. 201 et
seq.\), other applicable laws, and National Security
Memorandum-22 \(April 30, 2024; relating to critical
infrastructure security and resilience\). Such activities
shall not include implementation or enforcement of part 160
and subparts A and C of part 164 of title 45, Code of Federal
Regulations \(or successor regulations\) \(commonly known as the
“HIPAA Security Rule”\).
\(b\) Reports.—
\(1\) Report on delegation.—Not later than 60 days after
delegating a representative under subsection \(a\), and any
time a new representative is delegated under such subsection,
the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that describes how such
representative will implement steps to improve internal and
external cybersecurity resilience within the Healthcare and
Public Health Sector.
\(2\) Annual report.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
state of cybersecurity in the Healthcare and Public Health
Sector, including—
\(A\) an assessment of the most significant cybersecurity
threats and vulnerabilities facing the Healthcare and Public
Health Sector;
\(B\) a summary of major cybersecurity incidents affecting
the Healthcare and Public Health Sector during the preceding
year;
\(C\) an assessment of the overall cybersecurity posture of
the Healthcare and Public Health Sector;
\(D\) a description of actions taken by the Department of
Health and Human Services to improve cybersecurity; and
\(E\) recommendations to improve Healthcare and Public Health
Sector cybersecurity.
SEC. 1094D. CYBERSECURITY INCIDENT RESPONSE PLAN.
Section 405 of the Cybersecurity Act of 2015 \(6 U.S.C.
1533\) is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(4\)—
\(i\) in the paragraph heading, by inserting “information
system;” after “federal entity;”; and
\(ii\) by inserting “ \`information system',” after “
\`Federal entity',”;
\(B\) by redesignating paragraphs \(4\) through \(7\) as
paragraphs \(6\) through \(9\), respectively; and
\(C\) by inserting after paragraph \(3\) the following:
“\(4\) Cybersecurity incident.—The term \`cybersecurity
incident' has the meaning given the term \`incident' in
section 3552 of title 44, United States Code.
“\(5\) Cybersecurity risk.—The term \`cybersecurity risk'
has the meaning given such term in section 2200 of the
Homeland Security Act of 2002 \(6 U.S.C. 650\).”; and
\(2\) in subsection \(d\), by adding at the end the following:
“\(4\) Plan.—
“\(A\) In general.—Not later than 1 year after the date of
enactment of the Health Care Cybersecurity and Resiliency Act
of 2026, the Secretary shall expand and implement the Cyber
Annex of the All Hazards Plan of the Department of Health and
Human Services to inform applicable personnel within the
Department of Health and Human Services of processes and
protocols to prepare for, and respond to, cybersecurity
incidents.
“\(B\) Scope.—The plan under subparagraph \(A\) shall address
cybersecurity incidents involving information systems,
including hardware, software, databases, and networks, used
or maintained by, or on behalf of, the Department.
“\(C\) Elements.—The plan under subparagraph \(A\) shall
include strategies—
“\(i\) to assess cybersecurity risks;
“\(ii\) to prevent cybersecurity incidents;
“\(iii\) to detect and identify cybersecurity incidents;
“\(iv\) to minimize damage in the event of a cybersecurity
incident;
“\(v\) to protect data;
“\(vi\) to recover from any cybersecurity incidents
expeditiously; and
“\(vii\) to communicate and share non-sensitive information
about cybersecurity incidents with entities in the Healthcare
and Public Health Sector \(as defined in section 1094A of the
Health Care Cybersecurity and Resiliency Act of 2026\).
“\(D\) Consultation.—In developing the plan under
subparagraph \(A\), the Secretary shall consult with the
Director of the Cybersecurity and Infrastructure Security
Agency, the Director of the Office of Management and Budget,
the Director of the National Institute of Standards and
Technology, and relevant experts, as appropriate.
“\(E\) Updates.—The Secretary shall review and update the
plan under subparagraph \(A\)—
“\(i\) not less frequently than once every 2 years; and
“\(ii\) after any significant cybersecurity incident
affecting the Department of Health and Human Services or a
Federal health program.
“\(F\) Report.—Not later than 60 days before the date on
which the Secretary begins implementing the plan under
subparagraph \(A\), the Secretary shall submit to the Committee
on Health, Education, Labor, and Pensions and the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Energy and Commerce, the Committee on
Oversight and Reform, and the Committee on Homeland Security
of the House of Representatives a report that describes such
plan.”.
SEC. 1094E. CLARIFYING BREACH REPORTING OBLIGATIONS.
Section 13402\(f\) of the HITECH Act \(42 U.S.C. 17932\(f\)\) is
amended by adding at the end the following:
“\(6\) The number of individuals affected by the breach.”.
SEC. 1094F. ENHANCING RECOGNITION OF SECURITY PRACTICES.
\(a\) Recognized Security Practices.—Section 13412\(b\)\(1\) of
the HITECH Act \(42 U.S.C. 17941\(b\)\(1\)\) is amended, in the
first sentence, by inserting “, investments,” after “other
programs”.
\(b\) Regulation.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations implementing section 13412 of the HITECH Act \(42
U.S.C. 17941\), which shall include—
\(1\) recognized security practices that the Secretary may
consider when determining fines under such section;
\(2\) the extent to which such recognized security practices
should be in place for consideration by the Secretary;
\(3\) procedural requirements or information that shall be
submitted by a covered entity or business associate to the
Secretary for consideration; and
\(4\) how the Secretary will take into account such
recognized security practices when determining fines, earlier
favorable termination of audits, or mitigating remedies that
would otherwise be agreed to in any agreement with respect to
resolving potential violations of part 160 and subparts A and
C of part 164 of title 45, Code of Federal Regulations \(or
successor regulations\) \(commonly known as the “HIPAA
Security Rule”\) between the covered entity or business
associate and the Department of Health and Human Services.
\(c\) Annual Report.—Not later than 2 years after the date
of enactment of this Act, and annually thereafter, the
Secretary shall include in the annual report required under
section 13424\(a\) of the HITECH Act \(42 U.S.C. 17953\(a\)\)
information on implementation of section 13412 of such Act
\(42 U.S.C. 17941\), including an accounting of every case in
which the Secretary considered recognized security practices
when effectuating audits and assessing fines under such
section.
SEC. 1094G REQUIRED CYBERSECURITY STANDARDS.
\(a\) In General.—The Secretary shall update the security
regulations under part 160 and subparts A and C of part 164
of title 45, Code of Federal Regulations \(or any successor
regulation\), to require non-governmental entities in the
Healthcare and Public Health Sector and covered entities and
business associates to adopt minimum risk-based cybersecurity
practices, including—
\(1\) multifactor authentication, or a successor technology;
\(2\) encryption of protected health information, or a
successor technology;
\(3\) requirements to conduct monitoring, including
penetration testing, to maintain the protections of
information systems; and
\(4\) other minimum cybersecurity standards, as reflected in
national cybersecurity frameworks.
\(b\) Requirements.—The minimum risk-based cybersecurity
practices adopted pursuant to subsection \(a\) shall be based
on—
\(1\) national cybersecurity frameworks, as appropriate, such
as—
\(A\) the National Institute of Standards and Technology Risk
Management Framework \(or a successor framework\);
\(B\) the National Institute of Standards and Technology
Cybersecurity Framework \(or a successor framework\);
\(C\) the National Institute of Standards and Technology SP
800-53 r5 Security and Privacy Controls for Information
Systems and Organizations \(or a successor special
publication\), with relevant components of the National
Institute of Standards and Technology Privacy Framework; or
\(D\) the National Institute of Standards and Technology
Artificial Intelligence Risk Management Framework;
\(2\) the Health Sector Coordinating Council Cybersecurity
Healthcare and Public Health Cybersecurity Performance Goals;
and
\(3\) the health care-specific cybersecurity performance
goals of the Cybersecurity and Infrastructure Security
Agency.
\(c\) Effective Dates.—The regulations updated in accordance
with subsection \(a\), including each new requirement
established, shall take effect on the date that is 36 months
after the date of enactment of this Act.
\(d\) Enforcement.—The Secretary may exercise enforcement
discretion for entities experiencing extraordinary
circumstances in complying with the requirements of
subsection \(a\).
SEC. 1094H. GUIDANCE ON RURAL CYBERSECURITY READINESS.
Section 405\(d\) of the Cybersecurity Act of 2015 \(6 U.S.C.
1533\(d\)\) \(as amended by section 1094D\(2\)\) is amended by
adding at the end the following:
“\(5\) Rural cybersecurity guidance.—
“\(A\) Definition of rural.—In this paragraph, the term
\`rural' has the meaning given such term by the Federal Office
of Rural Health Policy.
“\(B\) Guidance on rural cybersecurity readiness.—Not later
than 1 year after the date of enactment of the Health Care
Cybersecurity and Resiliency Act of 2026, the Secretary shall
issue guidance to rural entities on best practices to improve
cybersecurity readiness, including strategies—
“\(i\) to improve cybersecurity infrastructure, including
any technical safeguards to mitigate cybersecurity risk;
“\(ii\) to integrate best practices issued by the Secretary
to improve cybersecurity preparedness;
“\(iii\) to improve workforce preparation to mitigate any
cybersecurity risks, including existing public-private
programs to support educational initiatives;
“\(iv\) to implement policies to facilitate mandatory
cybersecurity incident reporting requirements under law; and
“\(v\) to explore and recommend best practices, including—
“\(I\) outsourcing information technology and chief
information security officer functions to third parties on a
part-time basis;
“\(II\) participating in regional rural health care
information technology management sharing programs; and
“\(III\) migrating data to secure cloud-based platforms.
“\(C\) Technical assistance.—The Secretary shall provide
technical assistance to rural entities to implement the
recommendations included in the guidance under subparagraph
\(B\).
“\(D\) GAO study and report.—
“\(i\) In general.—Not later than 3 years after the date of
enactment of the Health Care Cybersecurity and Resiliency Act
of 2026, the Comptroller General of the United States shall
conduct a study, and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report, on how rural entities have
implemented the recommendations included in the guidance
under subparagraph \(B\).
“\(ii\) Contents.—The study under clause \(i\) shall assess—
“\(I\) how rural entities have implemented any technical
safeguards and any challenges faced by such rural entities in
areas for which safeguards were not implemented;
“\(II\) steps to further support cybersecurity resilience
for rural entities;
“\(III\) areas to improve coordination between Federal
agencies, including for the purposes of required cyber
reporting; and
“\(IV\) any opportunities to support public-private
collaboration in the area of cybersecurity readiness.”.
SEC. 1094I. GRANTS TO ENHANCE CYBERSECURITY IN THE HEALTH AND
PUBLIC HEALTH SECTORS.
\(a\) In General.—The Secretary may award grants to eligible
entities for the adoption and implementation of cybersecurity
best practices.
\(b\) Eligible Entity.—To be eligible to receive a grant
under subsection \(a\), an entity shall be—
\(1\) a Federally qualified health center \(as defined in
section 1861\(aa\)\(4\) of the Social Security Act \(42 U.S.C.
1395x\(aa\)\(4\)\)\);
\(2\) a health facility operated by or pursuant to a contract
with the Indian Health Service;
\(3\) a nonprofit hospital;
\(4\) a rural health clinic \(as defined in section
1861\(aa\)\(2\) of the Social Security Act \(42 U.S.C.
1395x\(aa\)\(2\)\)\); or
\(5\) a nonprofit entity that enters into a partnership or
coordinates referrals with an entity described in any of
paragraphs \(1\) through \(4\).
\(c\) Use of Funds.—In adopting and implementing
cybersecurity best practices pursuant to a grant under
subsection \(a\), an eligible entity may use grant funds—
\(1\) to hire individuals with demonstrated cybersecurity
expertise and train personnel in such cybersecurity best
practices;
\(2\) to update electronic data systems, such as by migrating
to cloud-based platforms;
\(3\) to join and participate in health cybersecurity threat
information sharing organizations;
\(4\) to contract with third parties to assist the eligible
entity in carrying out the activities described in this
subsection;
\(5\) to conduct cybersecurity risk assessments and
vulnerability assessments; and
\(6\) to develop or improve cybersecurity incident response
plans.
\(d\) Grant Period.—A grant awarded under this section shall
be for a period of not more than 3 years.
\(e\) Priority.—In awarding grants under this section, the
Secretary may give consideration to the demonstrated need of
eligible entities.
\(f\) Application.—An eligible entity seeking a grant under
subsection \(a\) shall submit to the Secretary an application
at such time, in such manner, and containing such information
as the Secretary may require, including—
\(1\) a description of how the eligible entity will establish
baseline measures and benchmarks that meet the Secretary's
requirements to evaluate performance outcomes; and
\(2\) a strategic plan for how, after the end of the grant
period, the eligible entity will sustain the activities
funded under the grant and continue to adopt cybersecurity
best practices.
SEC. 1094J. HEALTHCARE CYBERSECURITY WORKFORCE.
\(a\) Training for Healthcare Experts.—The Secretary, in
coordination with the Cybersecurity State Coordinators of the
Agency, the Office of the National Cyber Director, and
private sector health care experts, as appropriate, shall
provide training to Healthcare and Public Health Sector
entities on—
\(1\) cybersecurity risks to information systems within the
Healthcare and Public Health Sector; and
\(2\) ways to mitigate the risks to information systems in
the Healthcare and Public Health Sector.
\(b\) Strategic Plan.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the Health Resources and Services
Administration, in coordination with the Agency, shall
develop a strategic plan to support growing the cybersecurity
workforce for health care entities.
\(2\) Contents.—The strategic plan under paragraph \(1\) shall
include—
\(A\) recommendations for existing educational programs that
can be used to support cybersecurity training;
\(B\) dissemination and development of educational materials
on how to improve cybersecurity resilience;
\(C\) development of best practices to train the health care
workforce on cybersecurity best practices;
\(D\) development of recommendations specific to rural
facilities;
\(E\) development of best practices to leverage artificial
intelligence to support cybersecurity preparedness;
\(F\) opportunities for public-private collaboration to
strengthen the cybersecurity workforce; and
\(G\) alignment with the National Initiative for
Cybersecurity Education Workforce Framework.
SEC. 1094K. CYBERSECURITY INCIDENT REPORTING COORDINATION
WORKING GROUP.
\(a\) Working Group.—
\(1\) In general.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall convene a working
group to examine how to streamline and reduce duplicative
reporting for cybersecurity incidents.
\(2\) Membership.—The working group described in paragraph
\(1\) shall include representatives of—
\(A\) the Cybersecurity and Infrastructure Security Agency;
\(B\) the Securities and Exchange Commission;
\(C\) the Office of the National Cyber Director;
\(D\) the Federal Bureau of Investigation;
\(E\) the Federal Trade Commission;
\(F\) State attorneys general;
\(G\) State health departments; and
\(H\) private sector health care entities.
\(3\) Conclusion.—The working group shall conclude not later
than 18 months after the date of the first meeting of the
working group.
\(b\) Report.—Not later than 1 year after the conclusion of
the working group under subsection \(a\)\(3\), the Secretary
shall submit to the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that—
\(1\) identifies areas the working group has identified to
streamline and reduce duplicative reporting;
\(2\) includes recommendations to Congress on further
streamlining such reporting; and
\(3\) addresses coordination with State breach notification
laws.
SA 6446. Mr. GRASSLEY \(for himself and Mr. Lujan\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . IMPROVING LAW ENFORCEMENT OFFICER SAFETY AND
WELLNESS THROUGH DATA ACT.
\(a\) Short Title.—This section may be cited as the
“Improving Law Enforcement Officer Safety and Wellness
Through Data Act”.
\(b\) Findings.—Congress finds the following:
\(1\) There has been a rise in anti-police rhetoric and a
corresponding rise in violence against law enforcement
officers.
\(2\) In 2022, a total of 60 police officers were feloniously
killed in the line of duty.
\(3\) Nearly 30 percent of police officer killings in 2022
were caused by unprovoked attacks or ambushes on officers.
\(4\) Law enforcement officers bravely put themselves at risk
for the betterment of society.
\(5\) A data collection that represents the full
circumstances surrounding violent attacks and ambush attacks
on law enforcement officers is vital for the provision of
needed Federal resources to Federal, State, and local law
enforcement officers.
\(6\) Police suffer assaults and other offenses that do not
rise to the level of Law Enforcement Officers Killed and
Assaulted or National Incident-Based Reporting System
reporting due to the frequency of such incidents, lower risk
to officers, and minimal administrative resources to report
such frequent events.
\(7\) The mental health of law enforcement officers has
suffered due to overwork, recruitment issues, and the general
stress of their work.
\(8\) The people of the United States will always remember
the victims of these hateful attacks against law enforcement
officers and stand in solidarity with individuals affected by
these senseless tragedies and incidents of hate that have
affected law enforcement communities and their families.
\(9\) The United States must demonstrate to its brave law
enforcement officers that they are important, valued, and
respected.
\(10\) Congress has made a commitment to helping communities
protect the lives of their police officers, as evidenced by
the Bulletproof Vest Partnership Grant Program
Reauthorization Act of 2015 \(Public Law 114-155; 130 Stat.
389\) and other laws.
\(11\) Subsection \(c\) of the Uniform Federal Crime Reporting
Act of 1988 \(34 U.S.C. 41303\(c\)\) requires the Attorney
General to “acquire, collect, classify, and preserve
national data on Federal criminal offenses as part of the
Uniform Crime Reports” and requires all Federal departments
and agencies that investigate criminal activity to “report
details about crime within their respective jurisdiction to
the Attorney General in a uniform matter and on a form
prescribed by the Attorney General”.
\(c\) Attacks on Law Enforcement Officers Reporting
Requirement.—
\(1\) In general.—Not later than 270 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Director of the Federal Bureau of Investigation, the
Director of the National Institute of Justice, and the
Director of the Criminal Justice Information Services
Division of the Federal Bureau of Investigation, shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a
report that includes—
\(A\) the number of offenders that intentionally target law
enforcement officers because of their status as law
enforcement officers;
\(B\) the number of incidents reported to the Law Enforcement
Officers Killed and Assaulted Data Collection that occur
through the coordinated actions of 2 or more parties;
\(C\) a description of the Federal response to ambushes and
violent attacks on Federal law enforcement officers;
\(D\) a detailed survey of what State and local responses are
to ambushes and violent attacks on State and local law
enforcement officers;
\(E\) recommendations for improving State, local, and Federal
responses to ambushes and violent attacks on law enforcement
officers;
\(F\) a detailed survey of Federal and State-based training
programs that law enforcement officers receive in preparation
for violent attacks, including ambush attacks;
\(G\) an analysis of the effectiveness of the programs
described in subparagraph \(F\) in preparing law enforcement
officers for violent attacks, including ambush attacks;
\(H\) recommendations on how to improve State, local, and
Federal training programs for law enforcement officers
relating to ambush attacks;
\(I\) an analysis of, with respect to the Patrick Leahy
Bulletproof Vest Partnership under part Y of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 \(34 U.S.C.
10530 et seq.\)—
\(i\) the efficacy of the Partnership in distributing
protective gear to law enforcement officers across the United
States, including any location-specific limitations to the
distribution under such Partnership; and
\(ii\) the general limitations of the Partnership, including
any location-specific limitations to the distributions under
the Partnership, considering the fact that law enforcement
officers are suffering from ambush attacks;
\(J\) an analysis of the ability of the Department of Justice
to combine the Law Enforcement Officers Killed and Assaulted
Data Collection and a 09C Justifiable Homicide report for
officer-involved shooting reports and any roadblocks to
producing a clear report with such information;
\(K\) an analysis of the ability of the Criminal Justice
Information Services of the Federal Bureau of Investigation
to expand data collection to include a suspect offender's
level of injury at the time of a reported Law Enforcement
Officers Killed and Assaulted Data Collection incident;
\(L\) an analysis of the existence and extent of, and reasons
for, disparities in the availability and reporting of data
between—
\(i\) data relating to ambush attacks against law enforcement
officers; and
\(ii\) other types of violent crime data; and
\(M\) an analysis of any additional legislative tools or
authorities that may be helpful or necessary to assist in
deterring ambush attacks against law enforcement officers.
\(2\) Development.—In developing the report required under
paragraph \(1\), the Attorney General, the Director of the
Federal Bureau of Investigation, the Director of the National
Institute of Justice, and the Director of the Criminal
Justice Information Services Division of the Federal Bureau
of Investigation, shall consult relevant stakeholders,
including—
\(A\) Federal, State, Tribal, and local law enforcement
agencies; and
\(B\) nongovernmental organizations, international
organizations, academies, or other entities.
\(d\) Aggression Against Law Enforcement Officers Reporting
Requirement.—
\(1\) In general.—Not later than 270 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Director of the Federal Bureau of Investigation and
the Director of the National Institute of Justice, shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report on—
\(A\) an analysis of the ability to implement a new category
in the Uniform Crime Reporting System and the National
Incident-Based Reporting System on aggressive actions,
conduct, or other trauma-inducing incidents against law
enforcement officers that, as of the date of enactment of
this Act, are not reported in such systems;
\(B\) the level of detail the category described in
subparagraph \(A\) would include and the standard of evidence
that would be used for any reported incidents;
\(C\) an analysis of how to engage State and local law
enforcement agencies in reporting the data described in
subparagraph \(A\), despite the fact that such data is beyond
the standard crime-based reporting to the systems described
in subparagraph \(A\);
\(D\) an analysis of potential uses by the Department of
Justice and any component agencies of the Department of
Justice of the data described in subparagraph \(A\);
\(E\) an analysis of the existence and extent of, and reasons
for, disparities in the availability and reporting of data
between—
\(i\) data relating to aggressive actions or other trauma-
inducing incidents against law enforcement officers that do
not rise to the level of crimes; and
\(ii\) other types of violent crime data; and
\(F\) an analysis of additional legislative tools or
authorities that may be helpful or necessary to assist in
deterring aggressive actions, conduct, or other trauma-
inducing incidents against law enforcement officers.
\(2\) Development.—In developing the report under paragraph
\(1\), the Attorney General, the Director of the Federal Bureau
of Investigation, and the Director of the National Institute
of Justice shall consult relevant stakeholders, including—
\(A\) Federal, State, Tribal, and local law enforcement
agencies; and
\(B\) nongovernmental organizations, international
organizations, academies, or other entities.
\(e\) Mental Health and Wellness Reporting Requirement.—
\(1\) In general.—Not later than 270 days after the date of
enactment of this Act, the Attorney General, in consultation
with the Director of the Federal Bureau of Investigation and
the Director of the National Institute of Justice, shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report on—
\(A\) the types, frequency, and severity of mental health and
stress-related responses of law enforcement officers to
aggressive actions or other trauma-inducing incidents against
law enforcement officers;
\(B\) mental health and stress-related resources or programs
that are available to law enforcement officers at the
Federal, State, and local levels, especially peer-to-peer
programs;
\(C\) the extent to which law enforcement officers use the
resources or programs described in subparagraph \(B\);
\(D\) the availability of, or need for, mental health
screening within Federal, State, and local law enforcement
agencies; and
\(E\) additional legislative tools or authorities that may be
helpful or necessary to assist in assessing, monitoring, and
improving the mental health and wellness of Federal, State,
and local law enforcement officers.
\(2\) Development.—In developing the report required under
paragraph \(1\), the Attorney General, the Director of the
Federal Bureau of Investigation, and the Director of the
National Institute of Justice shall consult relevant
stakeholders, including—
\(A\) Federal, State, Tribal and local law enforcement
agencies; and
\(B\) nongovernmental organizations, international
organizations, academies, or other entities.
SA 6447. Mr. ROUNDS \(for himself and Ms. Cortez Masto\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DAKOTA MAINSTEM WATER SUPPLY PROJECT FEASIBILITY
STUDY.
\(a\) Definitions.—In this section:
\(1\) Dakota mainstem water supply project.—The term
“Dakota Mainstem Water Supply Project” means the proposed
project to supply municipal, rural, and industrial water to
the Dakota Mainstem Regional Water System service area in the
States of South Dakota, Iowa, Nebraska, and Minnesota.
\(2\) Non-federal project entity.—The term “non-Federal
project entity” means the Dakota Mainstem Regional Water
System, Inc., a nonprofit corporation established and
operated substantially in accordance with the reclamation
feasibility standards to serve as a non-Federal project
entity for purposes of the cooperative agreement entered into
under subsection \(b\)\(1\).
\(3\) Secretary.—The term “Secretary” means the Secretary
of the Interior \(acting through the Commissioner of
Reclamation\).
\(b\) Study.—
\(1\) In general.—The Secretary, in coordination with the
non-Federal project entity, shall carry out a study to
determine the feasibility of constructing the Dakota Mainstem
Water Supply Project in accordance with the reclamation laws
and reclamation feasibility standards.
\(2\) Feasibility report.—After completion of the
feasibility study for the Dakota Mainstem Water Supply
Project under paragraph \(1\), the Secretary shall—
\(A\) develop a feasibility report that includes a
recommendation of the Secretary on—
\(i\) whether the Dakota Mainstem Water Supply Project is
found to be technically and financially feasible in
accordance with the reclamation laws;
\(ii\) whether the Dakota Mainstem Water Supply Project
should be authorized for construction; and
\(iii\) the appropriate non-Federal share of construction
costs for the Dakota Mainstem Water Supply Project, which
shall be at least 25 percent of the total construction costs;
\(B\) submit the report under subparagraph \(A\) to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives; and
\(C\) make the report under subparagraph \(A\) publicly
available, along with associated feasibility study documents.
\(3\) Consultation and cooperation.—In addition to the non-
Federal project entity, the Secretary shall consult and
cooperate with appropriate Federal, State, Tribal, regional,
and local authorities during the conduct of the feasibility
study and development of the feasibility report under this
section.
\(c\) Cost-sharing Agreement for Feasibility Study Costs.—
The Secretary shall enter into a cost-sharing agreement \(or
an appropriate financial assistance agreement, as determined
by the Secretary\) with the non-Federal project entity to
conduct a study under subsection \(b\) that complies with the
reclamation feasibility standards.
\(d\) Federal Share of Feasibility Study Costs; Funding.—
\(1\) Federal share; funding.—The Federal share of the total
costs of carrying out the feasibility study under this
section—
\(A\) shall not exceed 50 percent; and
\(B\) shall be paid for by the Secretary using appropriated
funds.
\(2\) Identification of funds.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall
identify sources of available funds to pay the Federal share
under paragraph \(1\)\(B\).
\(e\) Limitation on Expenditures.—Not more than $10,000,000
of Federal funds may be expended to carry out the feasibility
study under this section.
\(f\) Termination of Authority.—The authority provided by
this section expires on the date that is 5 years after the
date of enactment of this Act.
SEC. 1095. WESTERN SOUTH DAKOTA WATER SUPPLY PROJECT
FEASIBILITY STUDY.
\(a\) Definitions.—In this section:
\(1\) Non-federal project entity.—The term “non-Federal
project entity” means the Western Dakota Regional Water
System, Inc., a nonprofit corporation.
\(2\) Western south dakota water supply project.—The term
“Western South Dakota Water Supply Project” means the
proposed project to supply municipal, rural, and industrial
water from the Missouri River to the Western Dakota Regional
Water System.
\(3\) Secretary.—The term “Secretary” means the Secretary
of the Interior \(acting through the Commissioner of
Reclamation\).
\(b\) Study.—
\(1\) In general.—The Secretary, in coordination with the
non-Federal project entity, shall carry out a study to
determine the feasibility of the Western South Dakota Water
Supply Project in accordance with the reclamation laws and
reclamation feasibility standards.
\(2\) Feasibility report.—After completion of the
feasibility study for the Western South Dakota Water Supply
Project under paragraph \(1\), the Secretary shall—
\(A\) develop a feasibility report that includes a
recommendation of the Secretary on—
\(i\) whether the Western South Dakota Water Supply Project
is found to be technically and financially feasible in
accordance with the reclamation laws;
\(ii\) whether the Western South Dakota Water Supply Project
should be authorized for construction; and
\(iii\) the appropriate non-Federal share of construction
costs, which shall be at least 25 percent of the total
construction costs;
\(B\) submit the report under subparagraph \(A\) to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives; and
\(C\) make the report under subparagraph \(A\) publicly
available, along with associated feasibility study documents.
\(3\) Consultation and cooperation.—In addition to the non-
Federal project entity, the Secretary shall consult and
cooperate with appropriate Federal, State, Tribal, regional,
and local authorities during the conduct of the feasibility
study and development of the feasibility report under this
subsection.
\(c\) Cost-sharing Agreement for Feasibility Study Costs.—
The Secretary shall enter into a cost-sharing agreement \(or
an appropriate financial assistance agreement, as determined
by the Secretary\) with the non-Federal project entity to
conduct a study under subsection \(b\) that complies with the
reclamation feasibility standards.
\(d\) Federal Share of Feasibility Study Costs; Funding.—
\(1\) Federal share; funding.—The Federal share of the total
costs of carrying out the feasibility study under subsection
\(b\)—
\(A\) shall not exceed 50 percent; and
\(B\) shall be paid for by the Secretary using appropriated
funds.
\(2\) Identification of funds.—Not later than 90 days after
the date of enactment of this Act, the Secretary shall
identify sources of available funds to pay the Federal share
under paragraph \(1\)\(B\).
\(e\) Limitation on Expenditures.—Not more than $10,000,000
of Federal funds may be expended to carry out the feasibility
study under subsection \(b\).
\(f\) Termination of Authority.—The authority provided by
this section expires on the date that is 5 years after the
date of enactment of this Act.
SEC. 1096. SNOW WATER SUPPLY FORECASTING PROGRAM.
The Snow Water Supply Forecasting Program Authorization Act
\(43 U.S.C. 1477\) is amended—
\(1\) in subsection \(c\)\(2\)—
\(A\) in subparagraph \(A\)—
\(i\) by striking “develop” and inserting “continue
developing”; and
\(ii\) by striking “culminating in the report required under
subsection \(d\)\(3\)” and inserting “with an emphasis on
development and deployment of more accurate, timely, and
cost-effective snow monitoring technologies and water supply
forecasting, including technologies that integrate snowpack
measuring and modeling”; and
\(B\) in subparagraph \(B\)—
\(i\) by striking “after submitting the report required by
subsection \(d\)\(3\),”; and
\(ii\) by inserting “and to improve water supply
forecasting” after “watersheds”;
\(2\) in subsection \(d\)—
\(A\) in paragraph \(1\)—
\(i\) in the paragraph heading, by inserting “and water
supply forecasting” after “data”;
\(ii\) in the matter preceding subparagraph \(A\), by striking
“emerging technologies for snowpack measurement, such as”
and inserting “technologies for snowpack measurements and
methods to forecast water supply, including”;
\(iii\) in subparagraph \(B\), by striking “and” at the end;
and
\(iv\) by striking subparagraph \(C\) and inserting the
following:
“\(C\) imaging spectroscopy;
“\(D\) machine learning;
“\(E\) snowpack and hydrologic modeling; and
“\(F\) other technologies that the Secretary determines are
likely to provide more accurate or timely snowpack
measurement data or analytical methods utilizing snowpack
data that can improve water supply forecasting to inform
water management and reservoir operations.”;
\(B\) in paragraph \(2\), by striking “emerging technologies
for snowpack measurement” and inserting “technologies for
snowpack measurement and models, including the Department of
Agriculture and the National Oceanic and Atmospheric
Administration”; and
\(C\) by striking paragraph \(3\);
\(3\) in subsection \(e\)—
\(A\) in paragraph \(1\)—
\(i\) by striking “After submitting the report required
under subsection \(d\)\(3\), the” and inserting “The”; and
\(ii\) by striking “in particular watersheds” and inserting
“and water supply forecasts in particular watersheds and to
explore new statistical, machine learning, or physical models
to generate improved water supply forecasts utilizing
snowpack data”; and
\(B\) by striking paragraph \(2\) and inserting the following:
“\(2\) Focus.—The program shall focus on activities that
will maintain, establish, expand, or advance snowpack
measurement and modeling projected water supply, with an
emphasis on—
“\(A\) enhancing activities to achieve improved snow and
water supply forecasting results that are more responsive to
changing weather and watershed conditions;
“\(B\) activities in river basins where activities described
in this section relating to snowpack measurement and water
supply forecasting can inform water management decisions or
models at a multi-water user, multi-basin, or multi-State
scale, including interstate water management decisions; and
“\(C\) building the capacity of program partners to
implement and adapt to the new measurement and forecasting
capabilities enabled under the program.”;
\(4\) in subsection \(f\)—
\(A\) in the matter preceding paragraph \(1\), by striking
“this Act” and inserting “the National Defense
Authorization Act for Fiscal Year 2027”;
\(B\) in paragraph \(2\), by striking “or sub-basin”;
\(C\) by redesignating paragraph \(2\) as paragraph \(4\); and
\(D\) by striking paragraph \(1\) and inserting the following:
“\(1\) a list of basins for which snowpack measurement and
integrated modeling technologies are being used under the
program, including a description of each application,
outcome, and data resource used;
“\(2\) an assessment of which technologies best inform water
supply forecasting for multiple water districts, communities,
or States;
“\(3\) an assessment of forecasts generated using new
technologies authorized under this Act compared against water
supply forecast benchmarks from the Department of Agriculture
and the National Oceanic and Atmospheric Administration;
and”; and
\(5\) in subsection \(g\), by striking “$15,000,000, in the
aggregate, for fiscal years 2022 through 2026” and inserting
“$3,000,000 for each of fiscal years 2027 through 2031”.
SEC. 1097. REAUTHORIZATION OF COMPETITIVE GRANT PROGRAM FOR
LARGE-SCALE WATER RECYCLING AND REUSE PROGRAM.
Section 40905 of the Infrastructure Investment and Jobs Act
\(43 U.S.C. 3205\) is amended—
\(1\) in subsection \(b\), by inserting “feasibility studies
and” before “the planning”;
\(2\) in subsection \(d\)—
\(A\) in the matter preceding paragraph \(1\), by inserting
“for a feasibility study for the eligible project or”
before “to an eligible project”; and
\(B\) in paragraph \(4\), by striking “30” and inserting
“60”; and
\(3\) in subsection \(k\)—
\(A\) by striking “5 years” and inserting “10 years”; and
\(B\) by inserting “, except for any project under
construction as of that termination date” before the period
at the end.
SEC. 1098. GLEN CANYON DAM FEASIBILITY STUDY.
\(a\) In General.—The Secretary of the Interior \(acting
through the Commissioner of Reclamation\) \(referred to in this
section as the “Secretary”\), in consultation with the
Secretary of Energy, the Director of the United States Fish
and Wildlife Service, the Director of the United States
Geological Survey, the Colorado River Basin States, and
Colorado River Storage Project power contractors, shall carry
out a feasibility study \(including all hydrological modeling\)
to analyze alternatives \(including infrastructure upgrades\)
to address downstream invasive species at Glen Canyon Dam.
\(b\) Included Alternatives.—The alternatives analyzed under
subsection \(a\) may include a thermal curtain or a selective
water withdrawal system at Glen Canyon Dam to optimize
hydropower generation when releasing cold water from Glen
Canyon Dam, while also preventing entrainment of invasive
species, pursuant to the 2016 Long-Term Experimental and
Management Plan Supplemental Environmental Impact Statement
and Record of Decision and section 1802 of the Grand Canyon
Protection Act of 1992 \(Public Law 102-575; 106 Stat. 4669\).
\(c\) Feasibility Determination.—If the Secretary determines
that an alternative studied under subsection \(a\) is feasible
under the reclamation laws, the Secretary may initiate
design, construction, and associated activities of, as
applicable, the recommended alternative, including any
necessary policy actions allowable under the reclamation
laws.
\(d\) Feasibility Report.—After completion of the
feasibility study required under subsection \(a\), the
Secretary shall develop a summarized feasibility study report
that includes, at a minimum—
\(1\) an analysis of the alternatives analyzed and
identification of the recommended alternative;
\(2\) an allocation of the construction, operation,
maintenance, and replacement costs of the recommended
alternative to the authorized purposes of the Colorado River
Storage Project;
\(3\) the major structural features and nonstructural
features of the recommended alternative, any special
considerations for implementation of the recommended
alternative, and the estimated cost of implementation of the
recommended alternative;
\(4\) an analysis of the effects of the recommended
alternative on hydropower production and rates, which shall
be developed in consultation with the Western Area Power
Administration;
\(5\) a recommendation of the Secretary on whether—
\(A\) the recommended alternative is found to be technically
and financially feasible in accordance with the reclamation
laws; and
\(B\) the recommended alternative should be authorized for
construction; and
\(6\) any other recommendations determined to be necessary by
the Secretary.
\(e\) Feasibility Study and Feasibility Report Deadlines.—
The Secretary shall—
\(1\) not later than 18 months after the date of enactment of
this Act, complete the feasibility study required under
subsection \(a\); and
\(2\) not later than 90 days after the date on which the
Secretary completes the feasibility report required under
subsection \(d\), submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives the feasibility
report required under that subsection.
\(f\) Funding.—
\(1\) In general.—The costs of the feasibility study
required under subsection \(a\) shall be paid for by the
Secretary using appropriated funds.
\(2\) Treatment of funds.—Any Federal funds made available
to carry out this section shall be nonreimbursable and
nonreturnable to the United States.
\(3\) Identification of funds.—Not later than 90 days after
the date of enactment of this Act, the Secretary, in
consultation with the Secretary of Energy and Colorado River
Storage Project power contractors, shall identify sources of
available funds to carry out this section.
\(g\) Effect.—Nothing in this section affects the criteria
for the coordinated long-range operations of Colorado River
reservoirs pursuant to section 602 of the Colorado River
Basin Project Act \(Public Law 90-537; 82 Stat. 900\).
\(h\) Termination of Authority.—The authority provided by
this section expires on the date that is 5 years after the
date of enactment of this Act.
SEC. 1099. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
\(a\) Definitions.—Section 6001 of the Omnibus Public Land
Management Act of 2009 \(16 U.S.C. 1015\) is amended—
\(1\) by redesignating paragraphs \(4\) through \(7\) as
paragraphs \(5\) through \(8\), respectively;
\(2\) by inserting after paragraph \(3\) the following:
“\(4\) Indian tribe.—The term \`Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act \(25 U.S.C.
5304\).”; and
\(3\) in paragraph \(7\) \(as so redesignated\), in subparagraph
\(B\)\(v\)—
\(A\) in subclause \(I\), by striking “or” at the end;
\(B\) in subclause \(II\), by inserting “or” after the
semicolon; and
\(C\) by adding at the end the following:
“\(III\) has ancestral lands within the watershed;”.
\(b\) Program.—Section 6002 of the Omnibus Public Land
Management Act of 2009 \(16 U.S.C. 1015a\) is amended—
\(1\) in subsection \(c\)—
\(A\) in paragraph \(1\)\(B\)—
\(i\) in clause \(i\), by striking “interests; or” and
inserting “interests, including Indian tribes;”;
\(ii\) by redesignating clause \(ii\) as clause \(iii\); and
\(iii\) by inserting after clause \(i\) the following:
“\(ii\) demonstrate significant need due to drought,
wildfire, or other natural disaster; or”;
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(A\)\(i\), by striking “$100,000” and
all that follows through the period at the end and inserting
“$150,000 each year for a period of not less than 3 years,
subject to the sufficiency of applications submitted and the
availability of appropriations.”;
\(ii\) by striking clause \(iii\);
\(iii\) by redesignating clauses \(iv\) and \(v\) as clauses
\(iii\) and \(iv\), respectively; and
\(iv\) by adding at the end the following:
“\(v\) Continuation and extension.—
“\(I\) In general.—The Secretary may, at the discretion of
the Secretary, issue a continuation of the first-phase grant
for not more than 2 additional years if the recipient of the
first-phase grant has demonstrated
satisfactory performance with implementation of the proposal
under the initial grant, as determined by the Secretary.
“\(II\) Amounts.—A grant continued pursuant to subclause
\(I\) shall be in an amount not greater than $150,000 each
year, as determined to be appropriate by the Secretary.”;
\(C\) in paragraph \(3\)\(B\)\(ii\), by striking “quantity.” and
inserting the following: “quantity, including—
“\(I\) grant writing;
“\(II\) project management; and
“\(III\) technical assistance, such as feasibility, design,
preliminary environmental review, and engineering.”; and
\(D\) by adding at the end the following:
“\(4\) Continuous enrollment.—The Secretary shall—
“\(A\) make funding opportunities for the program available
on a regular basis; and
“\(B\) allow applications for grants under the program to be
submitted and evaluated multiple times during a calendar
year.”;
\(2\) in subsection \(f\), in the matter preceding paragraph
\(1\), by inserting “, and make available to the public,”
after “House of Representatives”; and
\(3\) by striking subsection \(g\) and inserting the following:
“\(g\) Authorization of Appropriations.—There is authorized
to be appropriated to carry out this section $40,000,000 for
each of fiscal years 2027 through 2031.”.
SEC. 1099A. ANNUAL LICENSING STATUS REPORT.
Part I of the Federal Power Act \(16 U.S.C. 792 et seq.\) is
amended by adding at the end the following:
“SEC. 37. ANNUAL LICENSING STATUS REPORT.
“\(a\) In General.—Not later than 180 days after the date
of enactment of this section, and annually thereafter, the
Commission shall submit to Congress a report on the status
of—
“\(1\) the licensing process for each new license, and for
each subsequent license for which sections 14 and 15 have
been waived, for which the existing licensee has notified the
Commission under section 15\(b\)\(1\) at least 3 years prior to
submission of the report that the existing licensee intends
to file an application for the new license or subsequent
license, but the new license or subsequent license has not
yet been issued under section 15; and
“\(2\) the licensing process for each original license under
section 4\(e\) for which a citizen, association, corporation,
State, Indian Tribe, or municipality has notified the
Commission, pursuant to applicable regulations, at least 3
years prior to submission of the report that the citizen,
association, corporation, State, Indian Tribe, or
municipality intends to file an application for the original
license, but the original license has not yet been issued
under section 4\(e\).
“\(b\) Inclusions.—Each report submitted under subsection
\(a\) shall include, with respect to the licensing process for
each new license and subsequent license described in that
subsection and the licensing process for each original
license described in that subsection—
“\(1\) the date the notice of intent described in that
subsection was provided to the Commission;
“\(2\) any docket number assigned with respect to the
licensing process;
“\(3\) whether any application for the new license,
subsequent license, or original license, as applicable, has
been filed;
“\(4\) information regarding the status of the application,
including the date the Commission anticipates the Commission
will issue the original license, subsequent license, or new
license, as applicable;
“\(5\) the date of any upcoming proceeding or other meeting
relating to the original license, subsequent license, or new
license, as applicable; and
“\(6\) a description of any ongoing or completed actions
required of the existing licensee, citizen, association,
corporation, State, Indian Tribe, municipality, Commission,
any fish and wildlife agency referred to in section 15\(b\)\(3\),
and any other applicable agency.
“\(c\) Disaggregation of Information by License Type.—The
information included in each report submitted under
subsection \(a\) shall be disaggregated by whether the
information relates to a new license, or a subsequent
license, issued under section 15 or an original license
issued under section 4\(e\).”.
SA 6448. Mr. TILLIS \(for himself and Mr. Cassidy\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle \_\_—Deterrent Act
SEC. \_\_. SHORT TITLE.
This subtitle may be cited as the “Defending Education
Transparency and Ending Rogue Regimes Engaging in Nefarious
Transactions Act” or the “DETERRENT Act”.
SEC. \_\_. DISCLOSURES OF FOREIGN GIFTS.
\(a\) In General.—Section 117 of the Higher Education Act of
1965 \(20 U.S.C. 1011f\) is amended to read as follows:
“SEC. 117. DISCLOSURES OF FOREIGN GIFTS.
“\(a\) Disclosure Reports.—
“\(1\) Aggregate gifts and contract disclosures.—An
institution shall file with the Secretary, in accordance with
subsection \(b\)\(1\), a disclosure report on July 31 of the
calendar year immediately following any calendar year in
which—
“\(A\) the institution receives a gift from, or enters into
a contract with, a foreign source \(other than a foreign
country of concern or foreign entity of concern\)—
“\(i\) the value of which is $50,000 or more, considered
alone or in combination with all other gifts from, or
contracts with, that foreign source within the calendar year;
or
“\(ii\) the value of which is indeterminate; or
“\(B\) the institution—
“\(i\) receives a gift from a foreign country of concern or
foreign entity of concern, without regard to the value of
such gift; or
“\(ii\) upon receiving a waiver under section 117A to enter
into a contract with such a country or entity, enters into
such contract, without regard to the value of such contract.
“\(2\) Foreign source ownership or control disclosures.—
Notwithstanding paragraph \(1\), in the case of an institution
that is substantially controlled \(as described in section
668.174\(c\)\(3\) of title 34, Code of Federal Regulations\) \(or
successor regulations\)\) by a foreign source, the institution
shall file with the Secretary, in accordance with subsection
\(b\)\(2\), a disclosure report on July 31 of each year.
“\(3\) Treatment of affiliated entities.—For purposes of
this section, any gift to, or contract with, an affiliated
entity of an institution shall be considered a gift to, or
contract with, respectively, such institution.
“\(b\) Contents of Report.—
“\(1\) Gifts and contracts.—Each report to the Secretary
required under subsection \(a\)\(1\) shall include the following:
“\(A\) With respect to a gift received from, or a contract
entered into with, any foreign source—
“\(i\) the name of the individual, department, or other
entity at the institution, or the institution's affiliated
entity, receiving the gift or carrying out the contract on
behalf of the institution;
“\(ii\) any intended purpose of the gift or contract
communicated to the institution by the foreign source, and,
as of the date of filing such report, the manner in which the
institution intends to use such gift or contract;
“\(iii\) in the case of a restricted or conditional gift or
contract, a description of each restriction or condition that
meets the definition of the term \`restricted or conditional
gift or contract' in subsection \(f\);
“\(iv\) with respect to such a gift—
“\(I\) the total fair market dollar amount or dollar value
of the gift, as of the date of submission of such report; and
“\(II\) the date on which the institution received such
gift;
“\(v\) with respect to such a contract—
“\(I\) the total fair market dollar amount or dollar value
of the contract, as of the date of submission of such report;
“\(II\) the date on which the institution enters into such
contract;
“\(III\) the date on which such contract first takes effect;
“\(IV\) if the contract has a termination date, such
termination date; and
“\(V\) an assurance that the institution will—
“\(aa\) maintain an unredacted copy of the contract until
the latest of—
“\(AA\) the date that is 5 years after the date on which
such contract first takes effect;
“\(BB\) the date on which the contract terminates; or
“\(CC\) the last day of any period that applicable State law
requires a copy of such contract to be maintained; and
“\(bb\) upon request of the Secretary during an
investigation under section 117C\(a\)\(1\), produce such an
unredacted copy of the contract.
“\(B\) With respect to a gift received from, or a contract
entered into with, a foreign source that is a foreign
government \(other than the government of a foreign country of
concern\)—
“\(i\) the name of such foreign government;
“\(ii\) the department, agency, office, or division of such
foreign government that approved such gift or contract, as
applicable; and
“\(iii\) the physical mailing address of such department,
agency, office, or division.
“\(C\) With respect to a gift received from, or contract
entered into with, a foreign source other than a foreign
government subject to the requirements of subparagraph \(B\)—
“\(i\)\(I\) the legal name of the foreign source; or
“\(II\) in the case of a gift received from a foreign source
that awarded such gift to the institution as an agent
described in subsection \(f\)\(4\)\(G\) on behalf of another
foreign source—
“\(aa\) the legal name of the foreign source that awarded
such gift; and
“\(bb\) the legal name of the foreign source on whose behalf
the gift was awarded, or a statement certified by a
compliance officer in accordance with section 117C\(c\) that
the institution has reasonably attempted to obtain such name;
“\(ii\) in the case of a foreign source that is a natural
person, each country of citizenship of such person, or, if no
such country is known, the principal country of residence of
such person;
“\(iii\) in the case of a foreign source that is a legal
entity, the country in which such entity is incorporated, or,
if such information is not available, the principal place of
business of such entity;
“\(iv\) the physical mailing address of such foreign source,
or, if such address is not available, a statement certified
by a compliance officer in accordance with section 117C\(c\)
that the institution has reasonably attempted to obtain such
address; and
“\(v\) any affiliation of the foreign source to an
organization that is designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act \(8 U.S.C. 1189\).
“\(D\) With respect to a contract entered into with a
foreign source that is a foreign country of concern or a
foreign entity of concern—
“\(i\) a complete and unredacted copy of the original
contract, and if such original contract is not in English, a
translated copy in accordance with subsection \(c\);
“\(ii\) a copy of the waiver received under section 117A for
such contract; and
“\(iii\) the statement submitted by the institution for
purposes of receiving such a waiver under section 117A\(b\)\(2\).
“\(E\) With respect to a gift received from a foreign source
that is a foreign country of concern or a foreign entity of
concern, an assurance that the institution will—
“\(i\) in a case in which the institution received
documentation relating to such gift, maintain such
documentation until the latest of—
“\(I\) the date that is 5 years after the date such gift was
received by the institution; or
“\(II\) the last day of any period that applicable State law
requires a copy of such documentation to be maintained; and
“\(ii\) upon request of the Secretary during an
investigation under section 117C\(a\)\(1\), produce such
documentation;
“\(2\) Foreign source ownership or control.—Each report to
the Secretary required under subsection \(a\)\(2\) shall
contain—
“\(A\) the information required under paragraph \(1\) of this
subsection;
“\(B\) the legal name and the mailing address of the foreign
source that substantially controls the institution as
described in such subsection;
“\(C\) the date on which the foreign source assumed such
substantial control; and
“\(D\) any changes in program or structure of the
institution of higher education resulting from such
substantial control.
“\(c\) Translation Requirements.—Any information required
to be disclosed under this section, or requested by the
Secretary pursuant to an investigation under section
117C\(a\)\(1\), with respect to a gift or contract that is not in
English shall be translated into English, for purposes of
such disclosure or such investigation, by a person that is
not—
“\(1\) a foreign source that awarded such gift or entered
into such contract; or
“\(2\) any other foreign source from an attributable country
of a foreign source referred to in paragraph \(1\).
“\(d\) Public Inspection.—
“\(1\) Database requirement.—Beginning not later than May
31 of the calendar year following the date of enactment of
the DETERRENT Act, the Secretary shall—
“\(A\) establish and maintain a searchable database on a
website of the Department, under which all reports submitted
under this section \(including any report submitted under this
section before the date of enactment of the DETERRENT Act\)—
“\(i\) are made publicly available \(in electronic and
downloadable format\), including any information provided in
such reports \(other than the information prohibited from
being publicly disclosed pursuant to paragraph \(2\)\);
“\(ii\) can be individually identified and compared; and
“\(iii\) are searchable and sortable—
“\(I\) by the institution that filed such report;
“\(II\) by the date on which the institution filed such
report, including the date of any amendment to the report;
“\(III\) by the date on which the institution received the
gift which is the subject of the report;
“\(IV\) by the date on which the institution enters into the
contract which is the subject of the report;
“\(V\) by the date on which such contract first takes
effect;
“\(VI\) by the attributable country of such gift or
contract;
“\(VII\) by the full and accurate name of the foreign
source;
“\(VIII\) by the information described in subparagraph
\(C\)\(i\); and
“\(IX\) by the information described in subparagraph
\(C\)\(ii\);
“\(B\) not later than 30 days after receipt of a disclosure
report under this section, include such report in such
database;
“\(C\) indicate, as part of the public record of a report
included in such database, whether the report is with respect
to a gift received from, or a contract entered into with—
“\(i\) a foreign source that is a foreign government; or
“\(ii\) a foreign source that is not a foreign government;
and
“\(D\) with respect to a disclosure report that does not
include the name or address of a foreign source, indicate, as
part of the public record of such report included in such
database, that such report did not include such information.
“\(2\) Application of federal privacy law; protections for
natural persons.—
“\(A\) Application of federal privacy law.—Except as
provided in subparagraph \(B\), a disclosure report filed
pursuant to this section is not subject to Federal privacy
law \(including any exemption from disclosure described in
section 552\(b\) of title 5, United States Code\)\).
“\(B\) Protections for natural persons.—
“\(i\) In general.—Except as provided in clause \(ii\), with
respect to a disclosure report filed under this section, the
name or address \(other than the attributable country\) of a
foreign source who is a natural person—
“\(I\) may not be publicly disclosed; and
“\(II\) is exempt from disclosure under subsection \(b\)\(3\) of
section 552 of title 5, United States Code \(commonly referred
to as the Freedom of Information Act\).
“\(ii\) Exceptions for contracts with a foreign country of
concern or foreign entity of concern.—Clause \(i\) shall not
apply to a disclosure report filed pursuant to this section
that contains information with respect to a contract
described in subsection \(a\)\(1\)\(B\)\(ii\) entered into with a
foreign country of concern or foreign entity of concern.
“\(e\) Interagency Information Sharing.—Notwithstanding any
other provision of law, not later than 30 days after
receiving a disclosure report from an institution in
compliance with this section, the Secretary shall provide
access to an unredacted copy of such report \(including the
name and address of a foreign source disclosed in such
report\), through a portal maintained by the Department, to
the Director of the Federal Bureau of Investigation, the
Director of National Intelligence, the Director of the
Central Intelligence Agency, the Secretary of State, the
Secretary of Defense, the Attorney General, the Secretary of
Commerce, the Secretary of Homeland Security, the Secretary
of Energy, the Director of the National Science Foundation,
and the Director of the National Institutes of Health.
“\(f\) Definitions.—In this section:
“\(1\) Affiliated entity.—The term \`affiliated entity',
when used with respect to an institution, means an entity or
organization that operates primarily for the benefit of, or
under the auspices of, such institution, such as a foundation
of the institution, or an educational, cultural, or language
entity.
“\(2\) Attributable country.—The term \`attributable
country' means—
“\(A\) the country of citizenship of a foreign source who is
a natural person, or, if such country is unknown, the
principal residence of such foreign source; or
“\(B\) the country of incorporation of a foreign source that
is a legal entity, or, if such country is unknown, the
principal place of business \(as applicable\) of such foreign
source.
“\(3\) Contract.—The term \`contract'—
“\(A\) means—
“\(i\) any agreement for the acquisition by purchase, lease,
or barter of property \(including intellectual property\) or
services by the foreign source;
“\(ii\) except as provided in subparagraph \(B\)\(ii\), any
agreement for the acquisition by purchase, lease, or barter
of property \(including intellectual property\) or services
from a foreign source; and
“\(iii\) any affiliation, agreement, or similar transaction
with a foreign source that involves the use or exchange of an
institution's name, likeness, time, services, or resources;
and
“\(B\) does not include—
“\(i\) an agreement made between an institution and a
foreign source regarding any payment of one or more elements
of a student's cost of attendance \(as such term is defined in
section 472\), unless such an agreement is made for more than
15 students or is made under a restricted or conditional
contract;
“\(ii\) an arms-length agreement for the acquisition by
purchase, lease, or barter of property \(including
intellectual property\) or services from a foreign source that
is not a foreign country of concern or a foreign entity of
concern that is identified on the list published under
section 1286\(c\)\(9\)\(A\) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 \(10 U.S.C. 4001 note;
Public Law 115-232\) or is a Chinese military company that is
identified on the list required by section 1260H of the
William M. \(Mac\) Thornberry National Defense Authorization
Act for Fiscal Year 2021 \(10 U.S.C. 113 note, Public Law 116-
283\); or
“\(iii\) any assignment or license of a granted intellectual
property right \(including a patent, trademark, or copyright\)
that is not associated with a category listed in the Commerce
Control List maintained by the Bureau of Industry and
Security of the Department of Commerce and set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations \(or successor regulations\).
“\(4\) Foreign source.—The term \`foreign source' means—
“\(A\) a foreign government, including an agency of a
foreign government;
“\(B\) a legal entity, governmental or otherwise, created
under the laws of a foreign state or states;
“\(C\) a legal entity, governmental or otherwise,
substantially controlled \(as described in section
668.174\(c\)\(3\) of title 34, Code of Federal Regulations\) \(or
successor regulations\)\) by a foreign source;
“\(D\) a natural person who is not a citizen or a national
of the United States or a trust territory or protectorate
thereof;
“\(E\) an international organization \(as such term is
defined in the International Organizations Immunities Act \(22
U.S.C. 288\)\);
“\(F\) a person who is an agent of a foreign principal \(as
such term is defined in section 1 of the Foreign Agents
Registration Act of 1938 \(22 U.S.C. 611\)\); and
“\(G\) an agent of any of the entities described in
subparagraphs \(A\) through \(F\), including—
“\(i\) a subsidiary or affiliate of a foreign legal entity,
acting on behalf of such an entity; and
“\(ii\) a person that operates primarily for the benefit of,
or under the auspices of, such an entity, such as a
foundation of such entity, or an educational, cultural, or
language entity.
“\(5\) Gift.—The term \`gift'—
“\(A\) means any gift of money, property \(including
intellectual property\), resources, staff, or services; and
“\(B\) does not include—
“\(i\) any payment of one or more elements of a student's
cost of attendance \(as such term is defined in section 472\)
to an institution by, or scholarship from, a foreign source
who is a natural person, acting in their individual capacity
and not as an agent for, at the request or direction of, or
on behalf of, any person or entity \(except the student\), made
for not more than 15 students, and that is not made under a
restricted or conditional contract with such foreign source;
“\(ii\) any assignment or license of a granted intellectual
property right \(including a patent, trademark, or copyright\)
that is not associated with a category listed in the Commerce
Control List maintained by the Bureau of Industry and
Security of the Department of Commerce and set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations \(or successor regulations\); or
“\(iii\) decorations \(as such term is defined in section
7342\(a\) of title 5, United States Code\).
“\(6\) Restricted or conditional gift or contract.—The term
\`restricted or conditional gift or contract' means any
endowment, gift, grant, contract, award, present, or property
\(including intellectual property\) of any kind which includes
provisions regarding—
“\(A\) the employment, assignment, or termination of
faculty;
“\(B\) the establishment of, or the provision of funding
for, departments, centers, institutes, instructional
programs, research or lecture programs, or new faculty
positions;
“\(C\) the selection, admission, or education of students;
or
“\(D\) the award of grants, loans, scholarships,
fellowships, or other forms of financial aid restricted to
students of a specified country, religion, sex, ethnic
origin, or political opinion.”.
\(b\) Prohibition on Contracts With Certain Foreign Entities
and Countries.—Part B of title I of the Higher Education Act
of 1965 \(20 U.S.C. 1011 et seq.\) is amended by inserting
after section 117 the following:
“SEC. 117A. PROHIBITION ON CONTRACTS WITH CERTAIN FOREIGN
ENTITIES AND COUNTRIES.
“\(a\) In General.—An institution shall not enter into a
contract with a foreign country of concern or a foreign
entity of concern.
“\(b\) Waivers.—
“\(1\) In general.—A waiver issued under this section to an
institution with respect to a contract shall only—
“\(A\) waive the prohibition under subsection \(a\) for a 1-
year period; and
“\(B\) apply to the terms and conditions of the proposed
contract submitted as part of the request for such waiver.
“\(2\) Submission.—
“\(A\) First waiver requests.—
“\(i\) In general.—An institution that desires to enter
into a contract with a foreign entity of concern or a foreign
country of concern may submit to the Secretary, not later
than 120 days before the institution enters into such a
contract, a request to waive the prohibition under subsection
\(a\) with respect to such contract.
“\(ii\) Contents of waiver request.—A waiver request
submitted by an institution under clause \(i\) shall include—
“\(I\) the complete and unredacted text of the proposed
contract for which the waiver is being requested, and if such
original contract is not in English, a translated copy of the
text into English \(in a manner that complies with section
117\(c\)\); and
“\(II\) a statement that—
“\(aa\) is certified by a compliance officer of the
institution designated in accordance with section 117C\(c\);
and
“\(bb\) includes information that demonstrates that such
contract—
“\(AA\) is for the benefit of the institution's mission and
students; and
“\(BB\) will promote the security, stability, and economic
vitality of the United States.
“\(B\) Renewal waiver requests.—
“\(i\) In general.—An institution that, pursuant to a
waiver issued under this section, has entered into a
contract, the term of which is longer than the 1-year waiver
period and the terms and conditions of which remain the same
as the proposed contract submitted as part of the request for
such waiver may submit, not later than 120 days before the
expiration of such waiver period, a request for a renewal of
such waiver for an additional 1-year period \(which shall
include any information requested by the Secretary\).
“\(ii\) Termination.—If the institution fails to submit a
request under clause \(i\) or is not granted a renewal under
such clause, such institution shall terminate such contract
on the last day of the original 1-year waiver period.
“\(3\) Waiver issuance.—The Secretary—
“\(A\) not later than 60 days before an institution enters
into a contract pursuant to a waiver request under paragraph
\(2\)\(A\), or before a contract described in paragraph \(2\)\(B\)\(i\)
is renewed pursuant to a renewal request under such
paragraph, shall notify the institution—
“\(i\) if the waiver or renewal will be issued by the
Secretary; and
“\(ii\) in a case in which the waiver or renewal will be
issued, the date on which the 1-year waiver period starts;
and
“\(B\) may only issue a waiver under this section to an
institution if the Secretary determines, in consultation with
each individual listed in section 117\(e\), that the contract
for which the waiver is being requested—
“\(i\) is for the benefit of the institution's mission and
students; and
“\(ii\) will promote the security, stability, and economic
vitality of the United States.
“\(4\) Disclosure.—Not less than 2 weeks prior to issuing a
waiver under paragraph \(2\), the Secretary shall notify the
authorizing committees of the intent to issue the waiver,
including a justification for the waiver.
“\(c\) Designation During Contract Term.—In the case of an
institution that enters into a contract with a foreign source
that is not a foreign country of concern or a foreign entity
of concern but which, during the term of such contract, is
designated as a foreign country of concern or foreign entity
of concern, such institution shall terminate such contract
not later than 60 days after the Secretary notifies the
institution of such designation or request a waiver.
“\(d\) Contracts Prior to Date of Enactment.—
“\(1\) In general.—In the case of an institution that has
entered into a contract with a foreign country of concern or
foreign entity of concern prior to the date of enactment of
the DETERRENT Act—
“\(A\) the institution shall as soon as practicable, but not
later than 30 days after such date of enactment, submit to
the Secretary a waiver request in accordance with clause \(ii\)
of subsection \(b\)\(2\)\(A\); and
“\(B\) the Secretary shall, upon receipt of the request
submitted under such clause, issue a waiver to the
institution for a period beginning on the date on which the
waiver is issued and ending on the sooner of—
“\(i\) the date that is 1 year after the date of enactment
of the DETERRENT Act; or
“\(ii\) the date on which the contract terminates.
“\(2\) Renewal.—An institution that has entered into a
contract described in paragraph \(1\), the term of which is
longer than the waiver period described in subparagraph \(B\)
of such paragraph and the terms and conditions of which
remain the same as the contract submitted as part of the
request required under subparagraph \(A\) of such paragraph,
may submit a request for renewal of the waiver issued under
such paragraph in accordance with subsection \(b\)\(2\)\(B\).
“\(e\) Contract Defined.—The term \`contract' has the
meaning given such term in section 117\(f\).”.
\(c\) Interagency Information Sharing.—Notwithstanding any
other provision of law, not later than 90 days after the date
of enactment of this Act, the Secretary of Education shall
provide access, through a portal maintained by the Department
of Education, to each individual listed in section 117\(e\) of
the Higher Education Act of 1965, as amended by this Act—
\(1\) an unredacted copy of each report \(including the name
and address of a foreign source disclosed in such report\)
received by the Department of Education under section 117 of
the Higher Education Act of 1965 \(20 U.S.C. 1011f\) prior to
the date of enactment of this Act\); and
\(2\) any report, document, or other record generated by the
Department of Education in the course of an investigation—
\(A\) of an institution with respect to the compliance of
such institution with such section; and
\(B\) initiated prior to the date of enactment of this Act.
SEC. \_\_. POLICY REGARDING CONFLICTS OF INTEREST FROM FOREIGN
GIFTS AND CONTRACTS.
The Higher Education Act of 1965 \(20 U.S.C. 1001 et seq.\),
as amended by the preceding section, is further amended by
inserting after section 117A the following:
“SEC. 117B. INSTITUTIONAL POLICY REGARDING FOREIGN GIFTS AND
CONTRACTS TO FACULTY AND STAFF.
“\(a\) Requirement to Maintain Policy and Database.—
Beginning not later than 90 days after the date of enactment
of the DETERRENT Act, each institution described in
subsection \(b\) shall maintain—
“\(1\) a policy requiring covered individuals at the
institution and covered individuals at affiliated entities of
the institution to disclose in a report to such institution
by July 31 of each calendar year that begins after the year
in which such enactment date occurs—
“\(A\) any gift received from a foreign source in the
previous calendar year, the value of which is greater than
the minimal value \(as such term is defined in section 7342\(a\)
of title 5, United States Code\) or is of indeterminate value,
and including the date on which the gift was received, except
if—
“\(i\) the gift—
“\(I\) is given by a foreign source who is a natural person
acting in an individual capacity and not on behalf of, or at
the request or direction of, any other person or entity;
“\(II\) is given under circumstances that make clear the
gift is motivated by a family relationship or personal
friendship rather than by the covered individual's position
at, or the foreign source's interest in, the institution;
“\(III\) is not given by, or on behalf of, a foreign country
of concern, a foreign entity of concern, or an agent of a
foreign principal \(as defined in section 1 of the Foreign
Agents Registration Act of 1938 \(22 U.S.C. 611\)\); and
“\(IV\) does not exceed a value of $5,000 alone or in
combination with all other gifts from such foreign source
during that calendar year; and
“\(ii\) the covered individual provides the institution a
written attestation that the gift satisfies subclauses \(I\)
through \(IV\) of clause \(i\) and the institution retains and
makes available the written attestation for investigations
under section 117C\(a\)\(1\);
“\(B\) any contract with a foreign source \(other than a
foreign country of concern or foreign entity of concern\)
entered into or in effect during the previous calendar year,
the value of which is $5,000 or more, considered alone or in
combination with all other contracts with that foreign source
within the calendar year, and including the date on which
such contract is entered into, the date on which the contract
first takes effect, and, as applicable, the date on which
such contract terminates;
“\(C\) any contract with a foreign source \(other than a
foreign country of concern or foreign entity of concern\)
entered into or in effect during the previous calendar year
that has an indeterminate monetary value, and including the
date on which such contract is entered into, the date on
which the contract first takes effect, and, as applicable,
the date on which such contract terminates; and
“\(D\) any contract entered into or in effect with a foreign
country of concern or foreign entity of concern during the
previous calendar year, the value of which is $0 or more or
which has an indeterminate monetary value, and including—
“\(i\) the date on which such contract is entered into;
“\(ii\) the date on which the contract first takes effect;
“\(iii\) if the contract has a termination date, such
termination date; and
“\(iv\) the full text of such contract and any addenda;
“\(2\) a link on the website of the institution to the
database established under section 117\(d\)\(1\);
“\(3\) an effective plan to identify and manage potential
information gathering by foreign sources through espionage
targeting covered individuals that may arise from gifts
received from, or contracts entered into with, a foreign
source, including through the use of—
“\(A\) periodic communications;
“\(B\) accurate reporting under paragraph \(2\) of the
information required to be disclosed under paragraph \(1\); and
“\(C\) enforcement of the policy described in paragraph \(1\);
and
“\(4\) for purposes of investigations under section
117C\(a\)\(1\), a record of the name of each individual who makes
a disclosure under paragraph \(1\) and each report disclosed
under such paragraph.
“\(b\) Institutions.—An institution shall be subject to the
requirements of this section if such institution—
“\(1\) received more than $50,000,000 in Federal funds in
any of the previous five calendar years to support \(in whole
or in part\) research and development \(as determined by the
institution and measured by the Higher Education Research and
Development Survey of the National Center for Science and
Engineering Statistics\); or
“\(2\) receives funds under title VI.
“\(c\) Application of Federal Privacy Law; Protections for
Natural Persons.—
“\(1\) Application of federal privacy law.—Except as
provided in paragraph \(2\), a disclosure made pursuant to this
section is not subject to Federal privacy law.
“\(2\) Protections for natural persons.—
“\(A\) In general.—Except as provided in subparagraph \(B\),
with respect to a disclosure made pursuant to this section,
the following may not be publicly disclosed:
“\(i\) The name or address \(other than the attributable
country\) of a foreign source that is a natural person.
“\(ii\) The name or any other personally identifiable
information of a covered individual making such disclosure.
“\(B\) Exceptions for contracts with a foreign country of
concern or foreign entity of concern.—Subparagraph \(A\) shall
not apply to a disclosure made pursuant to this section that
contains information with respect to a contract entered into
with a foreign country of concern or foreign entity of
concern.
“\(d\) Definitions.—In this section—
“\(1\) the terms \`affiliated entity', \`attributable
country', \`foreign source', and \`gift' have the meanings
given such terms in section 117\(f\);
“\(2\) the term \`contract'—
“\(A\) means—
“\(i\) any agreement for the acquisition by purchase, lease,
or barter of property \(including intellectual property\) or
services by the foreign source;
“\(ii\) except as provided in subparagraph \(B\), any
agreement for the acquisition by purchase, lease, or barter
of property \(including intellectual property\) or services
from a foreign source; and
“\(iii\) any affiliation, agreement, or similar transaction
with a foreign source that involves the use or exchange of a
covered individual's name, likeness, time, services, or
resources; and
“\(B\) does not include—
“\(i\) an arms-length agreement for the acquisition by
purchase, lease, or barter of property \(including
intellectual property\) or services from a foreign source that
is not a foreign country of concern or a foreign entity of
concern; and
“\(ii\) any assignment or license of a granted intellectual
property right \(including a patent, trademark, or copyright\)
that is not associated with a category listed in the Commerce
Control List maintained by the Bureau of Industry and
Security of the Department of Commerce and set forth in
Supplement No. 1 to part 774 of title 15, Code of Federal
Regulations \(or successor regulations\); and
“\(3\) the term \`covered individual'—
“\(A\) has the meaning given such term in section 223\(d\) of
the William M. \(Mac\) Thornberry National Defense
Authorization Act for Fiscal Year 2021 \(42 U.S.C. 6605\); and
“\(B\) shall be interpreted in accordance with the Guidance
for Implementing National Security Presidential Memorandum 33
\(NSPM-33\) on National Security Strategy for United States
Government-Supported Research and Development published by
the Subcommittee on Research Security and the Joint Committee
on the Research Environment in January 2022 \(or any successor
guidance\).”.
SEC. \_\_. ENFORCEMENT AND OTHER GENERAL PROVISIONS.
\(a\) Enforcement and Other General Provisions.—The Higher
Education Act of 1965 \(20 U.S.C. 1001 et seq.\), as amended by
this Act, is further amended by inserting after section 117B
the following:
“SEC. 117C. ENFORCEMENT; SINGLE POINT-OF-CONTACT;
INSTITUTIONAL REQUIREMENTS.
“\(a\) Enforcement.—
“\(1\) Investigation.—The Secretary \(acting through the
General Counsel of the Department\) shall conduct
investigations of possible violations of sections 117, 117A,
117B, and subsection \(c\) of this section by institutions and,
whenever it appears that an institution has knowingly or
willfully failed to comply with a requirement of any of such
provisions \(including any rule or regulation promulgated
under any such provision\), shall request that the Attorney
General bring a civil action in accordance with paragraph
\(2\).
“\(2\) Civil action.—Whenever it appears that an
institution has knowingly or willfully failed to comply with
a requirement of any of the provisions listed in paragraph
\(1\) \(including any rule or regulation promulgated under any
such provision\) based on an investigation under such
paragraph, a civil action shall be brought by the Attorney
General, at the request of the Secretary, in an appropriate
district court of the United States, or the appropriate
United States court of any territory or other place subject
to the jurisdiction of the United States, to request such
court to compel compliance with the requirement of the
provision that has been violated.
“\(3\) Costs and other fines.—An institution that is
compelled to comply with a requirement of a provision listed
in paragraph \(1\) pursuant to paragraph \(2\) shall—
“\(A\) pay to the Treasury of the United States the full
costs to the United States of obtaining compliance with the
requirement of such provision, including all associated costs
of investigation and enforcement; and
“\(B\) if applicable, be subject to the applicable fines
described in paragraph \(4\).
“\(4\) Fines for violations.—The Secretary shall impose a
fine on an institution that is compelled to comply with a
requirement of a section listed in paragraph \(1\) pursuant to
paragraph \(2\) as follows:
“\(A\) Section 117.—
“\(i\) First-time violations.—In the case of an institution
that is compelled to comply with a requirement of section 117
pursuant to a civil action described in paragraph \(2\), and
that has not previously been compelled to comply with any
such requirement pursuant to such a civil action, the
Secretary shall impose a fine on the institution for such
violation as follows:
“\(I\) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection \(a\)\(1\) of section 117, such fine shall be in an
amount that is—
“\(aa\) for each gift or contract with determinable value
that is the subject of such a failure to comply, the greater
of—
“\(AA\) $71,545, adjusted for academic year 2027-2028 and
annually thereafter in accordance with inflation as
determined by the Department of Labor's Consumer Price Index
for the previous calendar year; or
“\(BB\) the monetary value of such gift or contract; or
“\(bb\) for each gift or contract of no value or of
indeterminable value, not less than 1 percent and not more
than 10 percent of the total amount of Federal funds received
by the institution under this Act for the most recent fiscal
year.
“\(II\) In the case of an institution that knowingly or
willfully fails to comply with the reporting requirement
under subsection \(a\)\(2\) of section 117, such fine shall be in
an amount that is not less than 10 percent of the total
amount of Federal funds received
by the institution under this Act for the most recent fiscal
year.
“\(ii\) Subsequent violations.—In the case of an
institution that has previously been compelled to comply with
a requirement of section 117 pursuant to a civil action
described in paragraph \(2\), and is subsequently compelled to
comply with such a requirement pursuant to a subsequent civil
action described in paragraph \(2\), the Secretary shall impose
a fine on the institution as follows:
“\(I\) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection \(a\)\(1\) of section 117, such fine shall be in an
amount that is—
“\(aa\) for each gift or contract with determinable value
that is the subject of such a failure to comply, the greater
of—
“\(AA\) $100,000; or
“\(BB\) twice the monetary value of such gift or contract;
or
“\(bb\) for each gift or contract of no value or of
indeterminable value, not less than 5 percent and not more
than 10 percent of the total amount of Federal funds received
by the institution under this Act for the most recent fiscal
year.
“\(II\) In the case of an institution that knowingly or
willfully fails to comply with a reporting requirement under
subsection \(a\)\(2\) of section 117, such fine shall be in an
amount that is not less than 20 percent of the total amount
of Federal funds received by the institution under this Act
for the most recent fiscal year.
“\(B\) Section 117a.—
“\(i\) First-time violations.—In the case of an institution
that is compelled to comply with a requirement of section
117A pursuant to a civil action described in paragraph \(2\),
and that has not previously been compelled to comply with any
such requirement pursuant to such a civil action, the
Secretary shall impose a fine on the institution in an amount
that is not less than 5 percent and not more than 10 percent
of the total amount of Federal funds received by the
institution under this Act for the most recent fiscal year.
“\(ii\) Subsequent violations.—In the case of an
institution that has previously been compelled to comply with
a requirement of section 117A pursuant to a civil action
described in paragraph \(2\), and is subsequently compelled to
comply with such a requirement pursuant to a subsequent civil
action described in paragraph \(2\), the Secretary shall impose
a fine on the institution in an amount that is not less than
20 percent of the total amount of Federal funds received by
the institution under this Act for the most recent fiscal
year.
“\(C\) Section 117b.—
“\(i\) First-time violations.—In the case of an institution
that is compelled to comply with a requirement of section
117B pursuant to a civil action described in paragraph \(2\),
and that has not previously been compelled to comply with any
such requirement pursuant to such a civil action, the
Secretary shall impose a fine on the institution for such
violation in an amount that is the greater of—
“\(I\) $250,000; or
“\(II\) the total amount of gifts or contracts that the
institution is compelled to report pursuant to such civil
action.
“\(ii\) Subsequent violations.—In the case of an
institution that has previously been compelled to comply with
a requirement of section 117B pursuant to a civil action
described in paragraph \(2\), and is subsequently compelled to
comply with such a requirement pursuant to a subsequent civil
action described in paragraph \(2\), the Secretary shall impose
a fine on the institution in an amount that is the greater
of—
“\(I\) $500,000; or
“\(II\) twice the total amount of gifts or contracts that
the institution is compelled to report pursuant to such civil
action.
“\(D\) Ineligibility for waiver.—In the case of an
institution that is fined pursuant to subparagraph \(A\)\(ii\),
\(B\)\(ii\), or \(C\)\(ii\), the Secretary shall prohibit the
institution from obtaining a waiver, or a renewal of a
waiver, under section 117A.
“\(b\) Single Point-of-contact at the Department.—The
Secretary shall maintain a single point-of-contact at the
Department to—
“\(1\) receive and respond to inquiries and requests for
technical assistance from institutions regarding compliance
with the requirements of sections 117, 117A, 117B, and
subsection \(c\) of this section;
“\(2\) coordinate and implement technical improvements to
the database described in section 117\(d\)\(1\), including—
“\(A\) improving upload functionality by allowing for batch
reporting, including by allowing institutions to upload one
file with all required information into the database;
“\(B\) publishing and maintaining a database users guide,
which shall be reviewed and updated as practicable but not
less than annually, including information on how to edit an
entry and how to report errors;
“\(i\) include at least—
“\(I\) 3 members representing public institutions with high
or very high levels of research activity \(as defined by the
National Center for Education Statistics\);
“\(II\) 2 members representing private, nonprofit
institutions with high or very high levels of research
activity \(as so defined\);
“\(III\) 2 members representing proprietary institutions of
higher education \(as defined in section 102\(b\)\); and
“\(IV\) 2 members representing area career and technical
education schools \(as defined in subparagraph \(C\) or \(D\) of
section 3\(3\) of the Carl D. Perkins Career and Technical
Education Act of 2006 \(20 U.S.C. 2302\(3\)\)\); and
“\(ii\) meet at least twice a year with officials from the
Department to discuss possible database improvements;
“\(C\) publishing, on a publicly available website,
recommended database improvements; and
“\(D\) responding, on a publicly available website, to each
recommendation published under subparagraph \(D\) as to whether
or not the Department will implement the recommendation,
including the rationale for either approving or rejecting the
recommendation;
“\(3\) provide, every 90 days after the date of enactment of
the DETERRENT Act, status updates on any pending or completed
investigations and civil actions under subsection \(a\)\(1\) to—
“\(A\) the authorizing committees; and
“\(B\) any institution that is the subject of such
investigation or action;
“\(4\) maintain, on a publicly accessible website—
“\(A\) a full comprehensive list of all foreign countries of
concern and foreign entities of concern; and
“\(B\) the date on which the last update was made to such
list; and
“\(5\) not later than 7 days after making an update to the
list maintained under paragraph \(4\)\(A\), notify each
institution required to comply with the sections listed in
paragraph \(1\) of such update.
“\(c\) Institutional Requirements for Compliance Officers
and Institutional Policy Requirements.—
“\(1\) In general.—An institution that is required to file
a report under section 117, that is seeking a waiver under
section 117A, or that is subject to the requirements of
section 117B, shall, not later than the earlier of the date
on which the institution files the first report under section
117, requests the institution's first waiver under section
117A, or first fulfills the requirements of section 117B—
“\(A\) establish an institutional policy that the
institution shall follow in meeting the requirements of
sections 117, 117A, and 117B; and
“\(B\) designate and maintain at least one, but not more
than three, current employees or legally authorized agents of
such institution to serve as compliance officers to carry out
the requirements listed in paragraph \(2\).
“\(2\) Duties of compliance officers.—A compliance officer
designated by an institution under paragraph \(1\)\(B\) shall
certify—
“\(A\) whenever the institution is required to file a report
under section 117—
“\(i\) the institution's accurate compliance with the
reporting requirements under such section;
“\(ii\) that the institution, in filing such report under
section 117—
“\(I\) followed the institutional policy established under
paragraph \(1\)\(A\) applicable to such section; and
“\(II\) conducted good faith efforts and reasonable due
diligence to ensure that accurate information is provided in
such report; and
“\(iii\) any statements by the institution required to be
certified by such an officer under clause \(i\) or \(iv\) of
section 117\(b\)\(1\)\(C\); and
“\(B\) whenever the institution requests a waiver under
section 117A—
“\(i\) that the institution—
“\(I\) is in compliance with the requirements of such
section; and
“\(II\) followed the institutional policy established under
paragraph \(1\)\(A\) applicable to such section; and
“\(ii\) the statement by the institution required to be
certified by such an officer under section
117A\(b\)\(2\)\(A\)\(ii\)\(II\); and
“\(C\) whenever the institution is subject to the
requirements of section 117B, that the institution—
“\(i\) is in compliance with the requirements of such
section; and
“\(ii\) followed the institutional policy established under
paragraph \(1\)\(A\) applicable to such section.
“\(d\) Definitions.—For purposes of sections 117, 117A,
117B, and this section:
“\(1\) Foreign country of concern.—The term \`foreign
country of concern' means the following:
“\(A\) Any covered nation defined in section 4872 of title
10, United States Code, including any special administrative
region within such a covered nation or any other territory
that the United States recognizes as being under the control
of such a covered nation on or after the date of the
enactment of this subsection.
“\(B\) Any country the Secretary, in consultation with the
Secretary of Defense, the Secretary of State, and the
Director of National Intelligence, determines, for purposes
of sections 117, 117A, 117B, or this section, to be engaged
in conduct that is detrimental to the national security or
foreign policy of the United States.
“\(2\) Foreign entity of concern.—The term \`foreign entity
of concern' has the meaning given such term in section
10612\(a\) of the Research and Development, Competition, and
Innovation Act \(42 U.S.C. 19221\(a\)\) and includes—
“\(A\) a foreign entity that is identified on the list
published under section 1286\(c\)\(9\)\(A\) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 \(10
U.S.C. 4001 note; Public Law 115-232\); and
“\(B\) a Chinese military company that is identified on the
list required by section 1260H of the William M. \(Mac\)
Thornberry National Defense Authorization Act for Fiscal Year
2021 \(10 U.S.C. 113 note; Public Law 116-283\).
“\(3\) Institution.—The term \`institution' means an
institution of higher education \(as such term is defined in
section 102, other than an institution described in
subsection \(a\)\(1\)\(C\) of such section\) with a program
participation agreement under section 487.”.
\(b\) Program Participation Agreement.—Section 487\(a\) of the
Higher Education Act of 1965 \(20 U.S.C. 1094\) is amended by
adding at the end the following:
“\(30\)\(A\) An institution will comply with the requirements
of sections 117, 117A, 117B, and 117C\(c\).
“\(B\) In the case of an institution described in
subparagraph \(C\), the institution will—
“\(i\) be ineligible to participate in the programs
authorized by this title for a period of not less than 2
institutional fiscal years; and
“\(ii\) in order to regain eligibility to participate in
such programs, demonstrate compliance with all requirements
of each such section for not less than 2 institutional fiscal
years after the institutional fiscal year in which such
institution became ineligible.
“\(C\) An institution described in this subparagraph is an
institution—
“\(i\) against which judgment has been granted in 3 separate
civil actions described in section 117C\(a\)\(2\) that have each
resulted in the institution being compelled to comply with
one or more requirements of section 117, 117A, 117B, or
117C\(c\); and
“\(ii\) that pursuant to section 117C\(a\)\(4\)\(E\), is
prohibited from obtaining a waiver, or a renewal of a waiver,
under section 117A.”.
\(c\) GAO Study and Report.—
\(1\) Study.—Not later than January 31 of the second
calendar year that begins after the date of enactment of this
Act, the Comptroller General of the United States shall
initiate a study to identify ways to improve
intergovernmental agency coordination regarding
implementation and enforcement of sections 117, 117A, 117B,
and 117C\(c\) of the Higher Education Act of 1965 \(20 U.S.C.
1011f\), as amended or added by this Act, including increasing
information sharing, increasing compliance rates, and
establishing processes for enforcement.
\(2\) Report.—Not later than 3 years after the date of the
initiation of the study under paragraph \(1\), the Comptroller
General of the United States shall submit to Congress, and
make public, a report containing the results of the study
described in paragraph \(1\).
SA 6449. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, insert
the following:
SEC. . PRIORITIZING FIELDING OF COLLABORATIVE COMBAT
AIRCRAFT.
The Secretary of Defense shall prioritize funding for the
procurement of collaborative combat aircraft to ensure there
exists a minimal viable fielded and operational collaborative
combat aircraft capability by the end of fiscal year 2028 to
meet operational requirements of combatant commanders.
SA 6450. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10. SOIL ACT OF 2026.
\(a\) Short Title.—This section may be cited as the
“Security and Oversight for International Landholdings Act
of 2026” or the “SOIL Act of 2026”.
\(b\) Review by Committee on Foreign Investment in the United
States of Certain Agricultural Real Estate Transactions.—
Section 721\(a\)\(4\) of the Defense Production Act of 1950 \(50
U.S.C. 4565\(a\)\(4\)\) is amended—
\(1\) in subparagraph \(A\)—
\(A\) in clause \(i\), by striking “; and” and inserting a
semicolon;
\(B\) in clause \(ii\), by striking the period at the end and
inserting “; and”; and
\(C\) by adding at the end the following:
“\(iii\) any transaction described in clause \(vi\) or \(vii\)
of subparagraph \(B\) proposed or pending on or after the date
of the enactment of this clause.”; and
\(2\) in subparagraph \(B\), by adding at the end the
following:
“\(vi\) Any acquisition or transfer of an interest, other
than a security, in agricultural land held by a person that
is a national of, or is organized under the laws or otherwise
subject to the jurisdiction of, a country—
“\(I\) designated as a nonmarket economy country pursuant to
section 771\(18\) of the Tariff Act of 1930 \(19 U.S.C.
1677\(18\)\); or
“\(II\) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 \(50 U.S.C. 3043b\)\(commonly
known as the \`Annual Threat Assessment'\).”.
\(c\) Review by Committee on Foreign Investment in the United
States of Real Estate Transactions Near Military
Installations.—Section 721\(a\)\(4\)\(B\) of the Defense
Production Act of 1950 \(50 U.S.C. 4565\(a\)\(4\)\(B\)\), as amended
by section 2, is amended by adding at the end the following:
“\(vii\) Any acquisition or transfer of an interest, other
than a security, in any form of real estate that is located
not more than 50 miles from a site listed in Appendix A to
part 802 of title 31, Code of Federal Regulations or other
military installation \(as that term is defined in section
802.227 of title 31, Code of Federal Regulations\) other than
residential property held by a person that is a national of,
or is organized under the laws or otherwise subject to the
jurisdiction of, a country—
“\(I\) designated as a nonmarket economy country pursuant to
section 771\(18\) of the Tariff Act of 1930 \(19 U.S.C.
1677\(18\)\); or
“\(II\) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 \(50 U.S.C. 3043b\)\(commonly
known as the \`Annual Threat Assessment'\).”.
\(d\) Prohibition on Use of Funds for Certain Agricultural
Real Estate Holdings.—No assistance, including subsidies,
may be provided by any Federal agency to a person for an
agricultural real estate holding wholly or partly owned by a
person that is a national of, or is organized under the laws
or otherwise subject to the jurisdiction of, a country—
\(1\) designated as a nonmarket economy country pursuant to
section 771\(18\) of the Tariff Act of 1930 \(19 U.S.C.
1677\(18\)\); or
\(2\) identified as a country that poses as risk to the
national security of the United States in the most recent
annual report on worldwide threats issued by the Director of
National Intelligence pursuant to section 108B of the
National Security Act of 1947 \(50 U.S.C. 3043b\)\(commonly
known as the “Annual Threat Assessment”\).
SA 6451. Mr. BANKS \(for himself, Ms. Warren, Mr. Cotton, Ms. Cortez Masto, Mr. Ricketts, Mr. Kim, and Mr. McCormick\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. LICENSE REQUIREMENT FOR EXPORTS OF COVERED
INTEGRATED CIRCUITS TO COUNTRIES OF CONCERN.
Part I of the Export Control Reform Act of 2018 \(50 U.S.C.
4811 et seq.\) is amended by inserting after section 1758 the
following:
“SEC. 1758A. CONTROL OF EXPORTS OF COVERED INTEGRATED
CIRCUITS.
“\(a\) Definitions.—In this section:
“\(1\) Allied country.—The term \`allied country' means any
country listed in Country Group A under Supplement No. 1 to
part 740 of the Export Administration Regulations \(as in
effect on January 1, 2026\).
“\(2\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
“\(3\) Commerce control list.—The term \`Commerce Control
List' means the list set forth in Supplement No. 1 to part
774 of the Export Administration Regulations.
“\(4\) Country of concern.—The term \`country of concern'
means—
“\(A\) the People's Republic of China, including the Hong
Kong and Macau Special Administrative Regions;
“\(B\) the Republic of Cuba;
“\(C\) the Islamic Republic of Iran;
“\(D\) the Democratic People's Republic of Korea;
“\(E\) the Russian Federation; and
“\(F\) any other foreign country listed in Country Group D:5
under Supplement No. 1 to part 740 of the Export
Administration Regulations, as published on January 1, 2026.
“\(5\) Covered integrated circuit.—
“\(A\) In general.—Subject to subparagraphs \(B\), \(C\), and
\(D\), the term \`covered integrated circuit' means—
“\(i\) an integrated circuit, computer, or other product—
“\(I\) classified under Export Control Classification Number
3A090 or 4A090 or related Export Control Classification
Numbers; or
“\(II\) that is functionally equivalent or substantially
similar to a circuit, computer, or product described in
subclause \(I\), including certain similar products listed
under Export Control Classification Number 5A002.z; or
“\(ii\) an integrated circuit that has 1 or more digital
processing units with—
“\(I\) a total processing performance of 4,800 or more;
“\(II\) a total processing performance of 2,400 or more and
a performance density of 1.6 or more;
“\(III\) a total processing performance of 1,600 or more and
a performance density of 3.2 or more; or
“\(IV\) a total DRAM bandwidth of 1,400 gigabytes per second
or more, interconnect bandwidth of 1,100 gigabytes per second
or more, or a sum of DRAM bandwidth and interconnect
bandwidth of 1,700 gigabytes per second or more.
“\(B\) Authority to update technical parameters.—Beginning
24 months after the date of the submission to Congress of the
American Artificial Intelligence Victory Strategy required in
subsection \(f\), the Under Secretary of Commerce for Industry
and Security may add or modify technical parameters for the
definition of \`covered integrated circuit' for purposes of
this section though notice in the Federal Register, so long
as—
“\(i\) the addition or modification poses no adverse impact
on the national security of the United States; and
“\(ii\) not fewer than 30 days before the addition or
modification takes effect, the Under Secretary—
“\(I\) consults with the appropriate congressional
committees regarding such addition or modification; and
“\(II\) in consultation with each agency that is part of the
Operating Committee for Export Policy, updates the American
Artificial Intelligence Victory Strategy required in
subsection \(f\) and submits such update to the appropriate
congressional committees.
“\(C\) Products included.—Except as provided in
subparagraph \(D\), the term \`covered integrated circuit'
includes a product containing such a covered integrated
circuit.
“\(D\) Exclusion.—The term \`covered integrated circuit'
does not include—
“\(i\) covered integrated circuits or products containing a
covered integrated circuit that are not designed or marketed
for use in a data center; or
“\(ii\) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products.
“\(6\) Operating committee for export policy.—The term
\`Operating Committee for Export Policy' means the Operating
Committee for Export Policy referred to in section 1763\(c\) of
the Export Control Reform Act of 2018 \(50 U.S.C. 4822\(c\)\).
“\(7\) Performance density; total processing performance.—
The terms \`performance density' and \`total processing
performance' have the meanings given those terms in, and are
calculated as provided for under, Export Control
Classification Number 3A090 in the Commerce Control List \(as
in effect on January 1, 2026\).
“\(8\) Restricted integrated circuit.—
“\(A\) In general.—Subject to subparagraphs \(B\), \(C\), and
\(D\), the term \`restricted integrated circuit' means a covered
integrated circuit that is—
“\(i\) an integrated circuit that has 1 or more digital
processing units—
“\(I\) with a total processing performance of 21,000 or
more; or
“\(II\) with a total processing performance of 1,600 or more
and a performance density of 21 or more; or
“\(ii\) an integrated circuit that was first marketed for
sale after January 1, 2026, and that has 1 or more digital
processing units with—
“\(I\) a total processing performance of 4,800 or more;
“\(II\) a total processing performance of 2,400 or more and
a performance density of 1.6 or more; or
“\(III\) a total processing performance of 1,600 or more and
a performance density of 3.2 or more.
“\(B\) Authority to update technical parameters.—The Under
Secretary of Commerce for Industry and Security may add or
modify technical parameters for the definition of \`restricted
integrated circuit' in the same manner and subject to the
same restrictions as the authority described in paragraph
\(6\)\(B\).
“\(C\) Products included.—Except as provided by
subparagraph \(D\), the term \`restricted integrated circuit'
includes a product containing such a restricted integrated
circuit.
“\(D\) Exclusion.—The term \`restricted integrated circuit'
does not include—
“\(i\) restricted integrated circuits or products containing
a restricted integrated circuit that are not designed or
marketed for use in a data center; or
“\(ii\) microprocessor microcircuits, such as central
processing units, that are not graphics processing units or
similar products.
“\(9\) Trusted united states person.—The term \`trusted
United States person' means any United States person
designated as a trusted United States person pursuant to
subsection \(h\)\(2\).
“\(b\) License Requirement.—
“\(1\) In general.—Beginning on the date of the enactment
of this section, the Under Secretary of Commerce for Industry
and Security, in consultation with each agency that is part
of the Operating Committee for Export Policy, shall require a
license for the export, reexport, or in-country transfer of a
covered integrated circuit or a restricted integrated circuit
to an entity that is located or headquartered in, or the
ultimate parent company of which is headquartered in, a
country of concern.
“\(2\) General license prohibited.—The Under Secretary of
Commerce for Industry and Security may not issue a general
license for the purpose of fulfilling the license requirement
in paragraph \(1\).
“\(c\) Certification to Congress.—
“\(1\) Certification requirement.—Not fewer than 30 days
prior to approving any license for the export, reexport, or
in-country transfer of a covered integrated circuit to an
entity that is located or headquartered in, or the ultimate
parent company of which is headquartered in, a country of
concern, the Under Secretary of Commerce for Industry and
Security, in consultation with each agency that is part of
the Operating Committee for Export Policy, shall submit to
the appropriate congressional committees a copy of the
license application and proposed license, including—
“\(A\) the quantity of covered integrated circuit,
identified by an Export Control Classification Number, as
applicable, and by technical parameters of the covered
integrated circuit;
“\(B\) the ultimate consignee or end-user of the covered
integrated circuit;
“\(C\) any and all license conditions;
“\(D\) a certification that the export, reexport, or in-
country transfer of the covered integrated circuit has
verifiable and enforceable mechanisms for ensuring the
ultimate consignee or end-user has not, does not, and will
not support or enable, directly or indirectly, the military,
intelligence, surveillance, or cyber-enabled capabilities of
a country of concern, including—
“\(i\) that the United States Government has no information
indicating that the ultimate consignee or end-user has, does,
or will support or enable, directly or indirectly, the
military, intelligence, surveillance, or cyber-enabled
capabilities of a country of concern;
“\(ii\) an explanation of how the license conditions support
the certification; and
“\(iii\) in the case that the license concerns a country of
concern that engages in a military-civil fusion policy or
maintains a law that requires persons to provide support and
assistance to national security bodies, public security
bodies, or relevant military bodies of the country of
concern, details on how the license conditions address the
specific threats arising from such policy or law;
“\(E\) a certification that approving the license will not
adversely impact the defense industrial base of the United
States, including the availability of covered integrated
circuits for United States persons, including all of the
major subcomponents of the covered integrated circuits, such
as high-bandwidth memory;
“\(F\) a certification that approving the license will not
adversely impact the technology leadership and advantage of
the United States in total nationally-installed processing
power capacity relative to the country of concern related to
the ultimate consignee or end user of the covered integrated
circuit;
“\(G\) a certification that approving the license will not
adversely impact the national security of the United States;
“\(H\) the underlying analyses supporting the certifications
required in subparagraphs \(D\), \(E\), \(F\), and \(G\); and
“\(I\) a technical assessment of how the export, reexport,
or in-country transfer of the covered integrated circuit to
an entity that is located or headquartered in, or the
ultimate parent company of which is headquartered in, a
country of concern affects the artificial intelligence
leadership of the United States, including in terms of global
market share, in artificial intelligence models, artificial
intelligence cloud services, and covered integrated circuits,
respectively.
“\(2\) Extension of review period for certain submissions.—
In the case that a submission to Congress under paragraph \(1\)
is submitted on a date that is on or after July 10 and on or
before September 7 in any year, paragraph \(1\) shall apply by
substituting \`60 days' for \`30 days'.
“\(3\) Limitation.—The license described in subsection \(b\)
may not be issued until the date that is not fewer than 30
days after the committees described in paragraph \(1\) received
the certification required in such paragraph.
“\(d\) Termination of Licenses.—Any license issued or
approved prior to the date of the enactment of this section
for the export, reexport, or in-country transfer of a covered
integrated circuit to an entity that is located or
headquartered in, or the ultimate parent company of which is
headquartered in, a country of concern is terminated.
“\(e\) Temporary Prohibition.—The Under Secretary of
Commerce for Industry and Security, in consultation with each
agency that is part of the Operating Committee for Export
Policy, shall deny all licenses for the export, reexport, or
in-country transfer of a covered integrated circuit to an
entity that is located or headquartered in, or the ultimate
parent company of which is headquartered in, a country of
concern, within one business day of receiving any application
for such a license, until the date that is 14 days after the
submission to Congress of the American Artificial
Intelligence Victory Strategy required in subsection \(f\).
“\(f\) American Artificial Intelligence Victory Strategy.—
The Under Secretary of Commerce for Industry and Security, in
consultation with each agency that is part of the Operating
Committee for Export Policy, shall submit to the appropriate
congressional committees an American Artificial Intelligence
Victory Strategy that details—
“\(1\) a whole-of-government framework to win the artificial
intelligence race;
“\(2\) the national security and economic implications of
the People's Republic of China winning the artificial
intelligence race;
“\(3\) the effect that access by countries of concern to
covered integrated circuits, semiconductor manufacturing
equipment, and related subcomponents that are from the United
States or allied countries would have on the artificial
intelligence race, the capabilities of the People's Republic
of China, and United States national security;
“\(4\) recommendations for policy changes the United States
Government should make to best position the United States in
the artificial intelligence race against the People's
Republic of China;
“\(5\) an assessment of the implications of the export,
reexport, or in-country transfer of covered integrated
circuits to countries of concern for the military,
intelligence, surveillance, or cyber-enabled capabilities of
such countries; and
“\(6\) an assessment of the covered integrated circuit
production numbers and capabilities of the People's Republic
of China for fiscal years 2026 and 2027, including—
“\(A\) a determination of whether the People's Republic of
China would cease or reduce its efforts to pursue indigenous
production and use of Chinese-designed and manufactured
covered integrated circuits if entities located or
headquartered in, or the ultimate parent company of which is
headquartered in, the People's Republic of China are provided
access to covered integrated circuits designed in the United
States;
“\(B\) a comparison of the covered integrated circuit
production numbers and capabilities of the People's Republic
of China to the covered integrated circuit production numbers
and capabilities of the United States and allies of the
United States; and
“\(C\) a quantitative analysis, to the extent feasible,
examining the artificial intelligence capabilities of
countries of concern if such countries relied solely on
indigenous production of covered integrated circuits using
indigenously produced manufacturing equipment and related
subcomponents.
“\(g\) License Prohibition for Restricted Integrated
Circuits.—The Under Secretary of Commerce for Industry and
Security, in consultation with each agency that is part of
the Operating Committee for Export Policy, shall deny all
licenses for the export, reexport, or in-country transfer of
a restricted integrated circuit to an entity that is located
or headquartered in, or the ultimate parent company of which
is headquartered in, a country of concern.
“\(h\) Exemption From Certain License Requirements for
Trusted United States Persons.—
“\(1\) In general.—The requirement for a license under
sections 742.6 and 744.23 of the Export Administration
Regulations shall not apply to the export, reexport, or in-
country transfer of a covered integrated circuit if the
covered integrated circuit—
“\(A\) is not destined for Macau, Hong Kong, or a country
listed in Country Group D:5 under Supplement No. 1 to part
740 of the Export Administration Regulations; and
“\(B\) will remain under the ownership and control of a
trusted United States person or a subsidiary of a trusted
United States person once the covered integrated circuit is
in operation.
“\(2\) Implementation.—Not later than 90 days after the
date of the enactment of this section, the Under Secretary of
Commerce for Industry and Security, in consultation with each
agency that is part of the Operating Committee for Export
Policy, shall—
“\(A\) seek input from the public regarding the standards
and requirements a United States person should be required to
meet to obtain a designation as a trusted United States
person;
“\(B\) based on such input, prescribe regulations
establishing such standards and requirements, which shall
include—
“\(i\) establishment by the United States person of
reasonable security standards, including physical security,
cybersecurity, remote access, secure covered integrated
circuit repair and disposal procedures, and other measures
designed to prevent the illicit transfer, diversion, or
access to covered integrated circuits;
“\(ii\) a requirement that the United States person may not
transfer or install a majority of its aggregate total
processing performance of covered integrated circuits outside
the United States;
“\(iii\) a requirement that not more than an aggregate 10
percent of the ultimate beneficial ownership of the United
States person may be held, directly or indirectly, by any
entity that primarily resides, is domiciled, or conducts the
majority of its business in a country of concern;
“\(iv\) robust know-your-customer standards;
“\(v\) a preference for sourcing advanced integrated
circuits and subcomponents from production facilities that
support the revival of semiconductor manufacturing in the
United States; and
“\(vi\) annual audit or attestation requirements to ensure
compliance with clauses \(i\), \(ii\), \(iii\), and \(iv\); and
“\(C\) prescribe regulations establishing the process by
which the Under Secretary of Commerce for Industry and
Security, in consultation with each agency that is part of
the Operating Committee for Export Policy, shall approve such
a designation.
“\(3\) Expansion to allied countries.—The Under Secretary
of Commerce for Industry and Security, in consultation with
each agency that is part of the Operating Committee for
Export Policy, shall consider options for securely expanding
the license exemption program described in this subsection to
certain allied countries.”.
SA 6452. Mr. BANKS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. . EXPANSION OF ELIGIBILITY OF VETERANS FOR CERTAIN
MILITARY ADAPTIVE SPORTS PROGRAM.
Section 2564a of title 10, United States Code, is amended,
in subsection \(a\)\(1\)\(B\), in the matter preceding clause \(i\),
by striking “one-year period” and inserting “two-year
period”.
SA 6453. Mr. YOUNG \(for himself and Mr. Kelly\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
Subtitle \_\_—Maritime
SEC. . ALTERNATE STANDARDS.
\(a\) In General.—Chapter 33 of title 46, United States
Code, is amended—
\(1\) by redesignating sections 3317 and 3318 as sections
3318 and 3319, respectively; and
\(2\) by inserting after section 3316 the following:
“Sec. 3317. Alternate standards
“\(a\) In General.—Not later than 1 year after the date of
enactment of this section, the Secretary of Transportation,
in consultation with the Maritime Administrator, shall
establish a program to allow a self-propelled vessel used to
provide oceangoing transportation that is not documented
under chapter 121 of this title to be eligible for a
certificate of inspection if the Secretary determines that—
“\(1\) the owner of the vessel has agreed to apply to have
the vessel documented under chapter 121 of this title upon
receiving the certificate;
“\(2\) at the time of the receipt of such certificate, the
vessel is eligible for documentation under such chapter;
“\(3\) the vessel is classed by and designed in accordance
with the rules of a classification society accepted by the
Secretary;
“\(4\) in the case that the vessel was documented under the
laws of a country other than the United States before
becoming eligible for documentation under chapter 121 of this
title, the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was last documented immediately
before becoming eligible for documentation under such
chapter, notwithstanding any other law including any
regulation;
“\(5\) the vessel has been assessed for cybersecurity and
surveillance risks; and
“\(6\) in the case that the vessel was documented under the
laws of a country other than the United States before
becoming eligible for documentation under chapter 121 of this
title, the country in which the vessel was last documented
before becoming eligible for documentation under such chapter
has not been identified by the Secretary as inadequately
enforcing international vessel regulations as to that vessel.
“\(b\) Continued Eligibility for Certificate.—In the case
of a vessel described in subsection \(a\)\(4\), this section does
not apply to the vessel after any date on which the vessel
fails to comply with the applicable international agreements
and associated guidelines described in such subsection.
“\(c\) Reliance on Classification Society.—
“\(1\) In general.—The Secretary may rely on a
certification from the American Bureau of Shipping or,
subject to paragraph \(2\), another classification society
accepted by the Secretary to establish that a vessel is in
compliance with the requirements of paragraphs \(3\), \(4\), and
\(6\) of subsection \(a\) and of subsection \(b\).
“\(2\) Foreign classification society.—The Secretary may
accept certification from a foreign classification society
under paragraph \(1\) only—
“\(A\) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
“\(B\) if the foreign classification society has offices and
maintains records in the United States.
“\(d\) Rulemaking Procedure.—The Secretary may initiate a
rulemaking procedure to implement the standard under this
section.
“\(e\) Savings Provision.—Nothing in this section shall be
interpreted to affect requirements related to merchant seamen
credentials under part E of subtitle II of this title or the
requirements related to manning of vessels under part F of
such subtitle.”.
\(b\) Clerical Amendment.—The table of sections for chapter
33 of title 46, United States Code, is amended by striking
the items relating to sections 3317 and 3318 and inserting
the following:
- “3317. Alternate standards.
- “3318. Fees.
- “3319. Penalties.”.
SEC. \_\_. RULEMAKING COMMITTEE ON COMMERCIAL MARITIME
REGULATIONS AND STANDARDS.
\(a\) Definitions.—In this section:
\(1\) Covered regulation.—The term “covered regulation”—
\(A\) means a commercial regulation or standard issued by the
Secretary relating to the operation of vessels in foreign
commerce, including—
\(i\) vessel design and engineering standards;
\(ii\) merchant mariner training and credentialing; or
\(iii\) vessel operating and environmental standards; and
\(B\) does not include any commercial regulation or standard
issued by the Secretary that exclusively applies to vessels
in domestic commerce.
\(2\) Rulemaking committee.—The term “rulemaking
committee” means the committee established under subsection
\(b\).
\(3\) Secretary.—The term “Secretary” means the Secretary
of the department in which the Coast Guard is operating.
\(b\) Establishment of Rulemaking Committee.—There is
established, in the department in which the Coast Guard is
operating, a rulemaking committee on commercial maritime
regulations and standards to—
\(1\) review, and develop findings and recommendations
regarding, the covered regulations; and
\(2\) provide to the Secretary a report on opportunities to
review and update regulations governing vessel design and
engineering, vessel and facility operation and environmental
standards, and merchant mariner credentialing, in order to—
\(A\) revitalize the merchant marine and the commercial
maritime industry in the United States; and
\(B\) better align, and limit redundancies between, the
regulatory standards of the Coast Guard and the International
Maritime Organization and international treaty requirements,
while protecting United States mariners and the United States
maritime industry from foreign regulations that undermine the
maritime industrial competitiveness of the United States.
\(c\) Members.—
\(1\) Composition of rulemaking committee.—The Secretary
shall appoint the following as members of the rulemaking
committee:
\(A\) Each of the following Federal officers or employees, or
their designees:
\(i\) The Maritime Administrator.
\(ii\) The Commandant of the Coast Guard.
\(iii\) The Secretary of Commerce.
\(iv\) The Director of the Office of Management and Budget.
\(v\) The Administrator of the Environmental Protection
Agency.
\(vi\) The Chair of the Federal Maritime Commission.
\(vii\) The chief United States delegate to the International
Maritime Organization.
\(viii\) The Secretary of State.
\(B\) Representatives from recognized classification
societies, including the American Bureau of Shipping.
\(C\) Representatives of industry, including—
\(i\) owners and operators of vessels in domestic and foreign
commerce of the United States;
\(ii\) shipbuilders; and
\(iii\) other representatives of industry the Secretary
determines appropriate.
\(D\) Individuals with a merchant mariner credential, as
defined in section 2101 of title 46, United States Code.
\(E\) Representatives of maritime labor organizations.
\(F\) Experts in maritime safety and regulatory matters.
\(G\) Other stakeholders the Secretary determines
appropriate.
\(2\) Period of appointment; vacancies.—
\(A\) In general.—A member of the rulemaking committee shall
be appointed for the life of the rulemaking committee.
\(B\) Vacancies.—A vacancy in the rulemaking committee—
\(i\) shall not affect the powers of the rulemaking
committee; and
\(ii\) shall be filled in the same manner as the original
appointment.
\(3\) Chairperson and vice chairperson.—The Secretary shall
select a Chairperson and Vice Chairperson from among the
members of the rulemaking committee.
\(d\) Meetings.—
\(1\) Initial meeting.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall convene
the rulemaking committee for the first meeting of the
rulemaking committee.
\(2\) Quorum.—A majority of the members of the rulemaking
committee shall constitute a quorum, but a lesser number of
members may hold hearings.
\(e\) Duties of Committee.—
\(1\) Considerations.—The rulemaking committee shall
consider each of the following:
\(A\) How the covered regulations interact with and compare
to the treaty requirements and regulations established by the
International Maritime Organization, including comparisons
and interactions on the basis of—
\(i\) safety;
\(ii\) cost;
\(iii\) enforceability and compliance; and
\(iv\) international competitiveness.
\(B\) The benefits and challenges vessel owners and operators
and United States mariners encounter when complying with both
regulations of the International Maritime Organization and
the covered regulations.
\(C\) The role that covered regulations play in enhancing the
size and strength of the merchant marine and the domestic and
international fleet of the United States.
\(D\) Recommended changes to covered regulations, and
regulatory frameworks, to better promote alignment with
international standards and the standards of countries that
are allies and partners, with a focus on—
\(i\) increasing opportunities for qualified mariners that
enter the merchant marine and reducing the barriers that lead
qualified mariners to leave the merchant marine;
\(ii\) increasing the number of vessels of the United States
that are operating in domestic and foreign commerce;
\(iii\) enhancing United States leadership within the
International Maritime Organization and other international
treaty organizations with a focus on the maritime industry;
\(iv\) streamlining regulatory processes and processing
timelines to minimize duplicative reviews and eliminate
preventable delays; and
\(v\) maintaining and enhancing the safety and security of
the merchant marine.
\(E\) Recommended changes to covered regulations and
regulatory frameworks that govern mariner education training
requirements, which may include—
\(i\) expanding the pool of qualified instructors for mariner
training programs;
\(ii\) streamlining requirements related to training facility
size and design to improve operational efficiencies at
mariner training facilities, including requirements related
to classroom size and design;
\(iii\) standardizing and streamlining training course and
curriculum approval and evaluation to provide more certainty
to mariner training programs; and
\(iv\) enhancing opportunities for mariner training programs
to flexibly integrate sea-time into course instruction,
consistent with treaty requirements and regulations
established by the International Maritime Organization.
\(F\) Any other matters the Secretary determines appropriate.
\(2\) Report.—Not later than 1 year after the date of
enactment of this Act, the rulemaking committee shall submit
to the Secretary a report that includes the findings and
recommended changes to covered regulations of the rulemaking
committee, as required under paragraph \(1\).
\(f\) Powers of Rulemaking Committee.—
\(1\) Hearings.—The rulemaking committee may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the rulemaking
committee considers advisable to carry out this section.
\(2\) Information from federal agencies.—
\(A\) In general.—The rulemaking committee may secure
directly from a Federal department or agency such information
as the rulemaking committee considers necessary to carry out
this section, as permitted by law.
\(B\) Furnishing information.—On request of the Chairperson
of the rulemaking committee, the head of the department or
agency shall furnish the information to the rulemaking
committee.
\(g\) Rulemaking Committee Personnel Matters.—
\(1\) No compensation.—A member of the rulemaking committee
shall not be compensated for service on the rulemaking
committee.
\(2\) Travel expenses.—A member of the rulemaking committee
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the rulemaking
committee.
\(h\) Administration.—Except as specified otherwise in this
section, the rulemaking committee shall be treated as a
committee established under chapter 151 of title 46, United
States Code, for purposes of section 15109 of such title and
shall not be considered a temporary organization under
section 3161 of title 5, United States Code.
\(i\) Termination.—The rulemaking committee shall terminate
on the earlier of—
\(1\) the date that is 90 days after the date on which the
rulemaking committee submits the report under subsection
\(e\)\(2\); or
\(2\) the date that is 7 years after the date on which the
rulemaking committee is established.
\(j\) Duties of the Secretary.—The Secretary shall—
\(1\) not later than 30 days after receiving the rulemaking
committee's report under subsection \(e\)\(2\), submit to the
Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives, and make
publicly available, a copy of such report and the Secretary's
views on the recommendations of the committee; and
\(2\) not later than 90 days after submitting the report
under paragraph \(1\)—
\(A\) initiate a rulemaking activity and make such policy and
guidance updates determined necessary by the Secretary to
address the consensus recommendations reached by the
rulemaking committee under subsection \(e\);
\(B\) submit a report to the appropriate committees of
Congress identifying the recommendations of the rulemaking
committee that require legislative changes; and
\(C\) submit a report to the Secretary of State identifying
recommendations of the rulemaking committee that require
changes to treaty requirements and regulations established by
the International Maritime Organization, including
recommendations that should inform the policy of the United
States as a member of the International Maritime
Organization.
SEC. \_\_. STREAMLINED ENVIRONMENTAL REVIEW.
The Fixing America's Surface Transportation Act is
amended—
\(1\) in section 41001\(6\) \(42 U.S.C. 4370m\(6\)\)—
\(A\) in subparagraph \(A\)—
\(i\) in the matter preceding clause \(i\), by inserting “the
maritime industry” after “waterways,”;
\(ii\) by redesignating clauses \(iii\) and \(iv\) as clauses
\(iv\) and \(v\), respectively; and
\(iii\) by inserting after clause \(ii\) the following:
“\(iii\) is covered by a programmatic plan or environmental
review developed for a project related to the maritime
industry;”; and
\(B\) by adding at the end the following:
“\(D\) Maritime industry.—For the purposes of subparagraph
\(A\), the term \`construction of infrastructure' for the
maritime industry includes construction of—
“\(i\) shipyards and ship repair facilities;
“\(ii\) port terminals and other port facilities;
“\(iii\) manufacturing facilities for equipment and
technology instrumental to the facilitation of maritime trade
and commerce, as defined by the Council; and
“\(iv\) other industrial base facilities that support the
Navy or the merchant marine of the United States.”; and
\(2\) in section 11503\(b\) \(42 U.S.C. 4370m note\)—
\(A\) in the matter preceding paragraph \(1\) by inserting “,
and except with respect to the Maritime Administration,”
after “Except as expressly provided in section 41003\(f\) and
subsection \(o\) of section 139 of title 23, United States
Code”; and
\(B\) in paragraph \(1\), by striking “, 46,”.
SEC. \_\_. MERCHANT MARINER CREDENTIALING MODERNIZATION.
\(a\) Merchant Mariner Credentialing Modernization.—The
Secretary of the department in which the Coast Guard is
operating, in consultation with the Secretary of
Transportation, shall carry out necessary system and process
changes to carry out the activities described in paragraphs
\(1\) through \(5\).
\(1\) Licensing, certification, and documentation database.—
Replacement of the merchant mariner licensing, certification,
and documentation database such that the database allows
for—
\(A\) the electronic submission of merchant mariner
credential applications \(including sea service, professional
qualifications, course completion data, safety and
suitability, and medical records\) and course approval
requests;
\(B\) the merchant mariner to elect direct submission of sea
service information from employers and course completion data
from training providers and other stakeholders to provide
data securely and directly so that documentation does not
need to be submitted later by the merchant mariner; and
\(C\) the electronic processing and evaluation of information
for the issuance of credentials and course approvals,
including the capability for the Secretary to complete remote
evaluation of the information submitted.
\(2\) System for data exchange.—Implementation of a system
that provides for the exchange of data with government
agencies and industry stakeholders, which provides the
Maritime Administration and other agencies, as appropriate,
anonymized and aggregated data showing the following:
\(A\) The total amount of sea service for individuals with a
valid merchant mariner credential.
\(B\) The number of credentialed mariners by individual
rating and the capability to filter data by endorsements.
\(C\) Demographic information, including age, gender,
ethnicity, address or location, uniform service, and service
status.
\(D\) National Maritime Center processing times.
\(E\) The number of Coast Guard approved training providers,
and, for each such training provider, the number of courses
taken by individuals who have, or who are applying for, a
merchant mariner credential from that training provider.
\(3\) Public-facing platform.—Implementation of a system to
accept merchant mariner applicant information, including
credential applications, course completion data, and course
approval requests. To the maximum extent practicable, the
Secretary of the department in which the Coast Guard is
operating may integrate with, approve a contact with, or
partner with commercial entities that provide a system of
secure and compliant platforms capable of delivering these
services. Any such system shall meet all applicable
requirements for cybersecurity, privacy, and data integrity
in accordance with Federal law.
\(4\) Examination processes.—Upgrading the examination
processes for merchant mariner examinations, by—
\(A\) implementing an examination regime that provides for
electronic and third party administration of examinations;
\(B\) reassessing the content of tests through the
development of job task analysis for all credentials; and
\(C\) implementing a robust system to analyze examination
data.
\(5\) Requirement for sea service documentation.—A maritime
employer shall provide documentation of all sea service
performed by a mariner upon termination of employment, or
upon the mariner's request if not less than 30 days of
service have elapsed since the last such documentation was
issued, not later than 5 days after the date of such
termination or request. Such documentation shall meet all
requirements of section 10.232 of title 46, Code of Federal
Regulations \(or any similar successor regulation\) in a
standardized format provided by the Secretary.
\(b\) Report.—The Secretary of the department in which the
Coast Guard is operating shall submit—
\(1\) an annual report to the Committee on Commerce, Science,
and Transportation, the Committee on Appropriations, and the
Committee on Armed Services of the Senate, and the Committee
on Transportation and Infrastructure, the Committee on
Appropriations, and the Committee on Armed Services of the
House of Representatives, on the progress of the system and
process changes required under subsection \(a\); and
\(2\) a final report to those Committees 1 year after full
operating capability of the complete system, comprised of all
4 systems required under subsection \(a\).
\(c\) Authorization of Appropriations.—There is authorized
to be appropriated to carry out this section, $20,000,000 for
fiscal year 2027, to remain available until expended.
SEC. \_\_. MERCHANT MARINER LICENSES.
\(a\) Renewal of Merchant Mariners Licenses and Documents.—
Section 7507\(d\) of title 46, United States Code, is amended
to read as follows:
“\(d\) Renewal.—With respect to any renewal of a valid
merchant mariner credential issued under this part, which is
made not earlier than 8 months before the date of expiration
of the current credential, and that is not an extension under
subsection \(a\) or \(b\), the validity period of such credential
shall begin the day after the expiration of the current
credential.”.
\(b\) Reactivation of Expired License.—Chapter 75 of
subtitle II of part E, of title 46, United States Code, is
amended by adding at the end the following:
“Sec. 7513. Authority for reactivation of United States
Merchant Mariner credentials
“\(a\) Licenses and Certificates of Registry.—
Notwithstanding sections 7106 and 7107, the Secretary of the
department in which the Coast Guard is operating may renew
for not more than 2 years an expired license or certificate
of registry issued for an individual under chapter 71 if the
Secretary determines that the renewal is in response to a
national emergency declared by Congress or declared under
section 201 of the National Emergencies Act \(50 U.S.C. 1621\),
as deemed necessary by the Secretary.
“\(b\) Merchant Mariner Documents.—Notwithstanding section
7302\(g\), the Secretary may renew for not more than 2 years an
expiring merchant mariner's document issued for an individual
under chapter 73 if the Secretary determines that the renewal
is in response to a national emergency proclaimed by the
President or declared by Congress, as deemed necessary by the
Secretary.
“\(c\) Manner of Renewal.—Any renewal granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.”.
\(c\) Clerical Amendment.—The table of sections for chapter
75 of title 46, United States Code, is amended by adding at
the end the following:
“7513. Authority for reactivation of United States Merchant Mariner
credentials.”.
SA 6454. Mr. YOUNG \(for himself and Mr. Kelly\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. \_\_. STRATEGIC COMMERCIAL FLEET.
\(a\) In General.—Part C of subtitle V of title 46, United
States Code, is amended by inserting after chapter 535 the
following:
“CHAPTER 536—STRATEGIC COMMERCIAL FLEET
“Sec.
- “53601. Definitions.
- “53602. Establishment of Strategic Commercial Fleet.
- “53603. Operating agreements.
- “53604. Payments.
- “53605. National security requirements.
- “53606. Regulations.
“Sec. 53601. Definitions
“In this chapter:
“\(1\) Administrator.—The term \`Administrator' means the
Maritime Administrator.
“\(2\) Appropriate committees of congress.—The term
\`appropriate committees of Congress' means—
“\(A\) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
“\(B\) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
“\(3\) Coastwise trade.—The term \`coastwise trade' means
commerce or trade that is subject to the requirements of
section 55102 or 55103.
“\(4\) Covered entity.—The term \`covered entity' means—
“\(A\) any owner or operator of a vessel eligible under
section 53602\(d\); or
“\(B\) a bid team consisting of—
“\(i\) an entity described in subparagraph \(A\);
“\(ii\) a shipyard in the United States with the ability,
experience, financial resources, and other qualifications
necessary for—
“\(I\) the construction of a vessel eligible for inclusion
in the Strategic Commercial Fleet; or
“\(II\) the repair of such a vessel; and
“\(iii\) another legal entity that is not a foreign entity
of concern.
“\(5\) Fleet.—The term \`Fleet' means the Strategic
Commercial Fleet established under section 53602.
“\(6\) Foreign commerce.—The term \`foreign commerce'
means—
“\(A\) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country; and
“\(B\) commerce or trade between foreign countries.
“\(7\) Foreign country of concern.—
“\(A\) In general.—The term \`foreign country of concern'
means—
“\(i\) a country that is a covered nation \(as defined in
section 4872\(f\)\(2\) of title 10\); and
“\(ii\) any country that the Secretary of Transportation, in
consultation with the Secretary of Defense, the Secretary of
State, the Secretary of Commerce, the Director of National
Intelligence, the United States Trade Representative, and the
Chair of the Federal Maritime Commission, determines to be
engaged in conduct that is detrimental or potentially
detrimental to the national security or foreign policy of the
United States, until such time as the Secretary of
Transportation, in consultation with the heads of those
Federal agencies, determines that the country is no longer
engaged in such detrimental or potentially detrimental
conduct.
“\(B\) Country.—The term \`country' means a foreign country
or a political subdivision, dependent territory, or
possession of a foreign country.
“\(8\) Foreign entity of concern.—The term \`foreign entity
of concern' means any foreign entity that is—
“\(A\) designated as a foreign terrorist organization by the
Secretary of State under section 219 of the Immigration and
Nationality Act \(8 U.S.C. 1189\);
“\(B\) included on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury;
“\(C\) owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country of concern;
“\(D\) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under—
“\(i\) chapter 37 of title 18 \(commonly known as the
\`Espionage Act'\) \(18 U.S.C. 792 et seq.\);
“\(ii\) section 951 or 1030 of title 18;
“\(iii\) chapter 90 of title 18 \(commonly known as the
\`Economic Espionage Act of 1996'\);
“\(iv\) the Arms Export Control Act \(22 U.S.C. 2751 et
seq.\);
“\(v\) section 224, 225, 226, 227, or 236 of the Atomic
Energy Act of 1954 \(42 U.S.C. 2274, 2275, 2276, 2277, and
2284\);
“\(vi\) the Export Control Reform Act of 2018 \(50 U.S.C.
4801 et seq.\); or
“\(vii\) the International Emergency Economic Powers Act \(50
U.S.C. 1701 et seq.\);
“\(E\) designated by the Federal Maritime Commission as a
controlled carrier under chapter 407;
“\(F\) found by the Federal Maritime Commission to be
practicing unfavorable conditions in foreign trade under
chapter 421 or 423, until such time as the Federal Maritime
Commission determines that the entity is no longer practicing
such unfavorable conditions; or
“\(G\) determined by the Maritime Administrator, in
consultation with the Secretary of Defense, the Secretary of
State, the Director of National Intelligence, the Chair of
the Federal Maritime Commission, the Secretary of the
department in which the Coast Guard is operating, and the
United States Trade Representative to be engaged in conduct
that is detrimental or potentially detrimental to the
national security or foreign policy of the United States.
“\(9\) Qualified foreign built vessel.—The term \`qualified
foreign built vessel'—
“\(A\) means a vessel that—
“\(i\) is not more than 14 years of age;
“\(ii\) is, prior to entry into the Fleet, documented under
the laws of the United States; and
“\(iii\) was constructed \(or reconstructed\) outside the
United States; and
“\(B\) does not include a vessel that—
“\(i\) was owned or operated by a foreign entity of concern;
“\(ii\) is a vessel of a foreign country of concern;
“\(iii\) was constructed by a shipyard that was owned or
operated by a foreign entity of concern or located in a
foreign country of concern; or
“\(iv\) was registered as a vessel of a foreign country of
concern at any time during the 3 years prior to entry into
the Fleet.
“\(10\) Secretary.—The term \`Secretary' means the Secretary
of Transportation.
“\(11\) United states built vessel.—The term \`United States
built vessel' means a vessel that is constructed in the
United States \(and, if reconstructed, reconstructed in the
United States\), consistent with the requirements of section
505 of the Merchant Marine Act, 1936 \(46 U.S.C. 53101 note\).
“\(12\) United states citizen trust.—The term \`United
States citizen trust' has the meaning given such term in
section 53101.
“Sec. 53602. Establishment of Strategic Commercial Fleet
“\(a\) In General.—Subject to the availability of
appropriations, the Secretary, acting through the
Administrator and in consultation with the Secretary of
Defense, shall establish a fleet, to be known as the
\`Strategic Commercial Fleet', of active, commercially viable,
privately owned vessels to meet national defense and other
security requirements and maintain a United States presence
in international commercial shipping.
“\(b\) Number of Vessels.—The Secretary shall seek to
select eligible vessels described in subsection \(d\) for the
Fleet through an annual competitive selection process.
Through such annual selection process, the Secretary shall—
“\(1\) select for inclusion in the Fleet not fewer than 10
vessels in the 12-month period that begins on the date that
is 2 years after the date of enactment of this section;
“\(2\) increase the number of vessels selected for inclusion
in the Fleet annually such that not later than 5 years after
such date of enactment, not fewer than 20 vessels are
selected for such inclusion annually; and
“\(3\) ensure that the total number of vessels included in
the fleet shall be not more than 250 vessels at any point in
time, except in wartime.
“\(c\) Solicitation; Entry Into Fleet.—
“\(1\) Solicitation.—
“\(A\) In general.—Not later than 1 year after the date of
enactment of this section, the Secretary shall solicit
proposals from covered entities to competitively select
vessels that are eligible under subsection \(d\) and meet the
requirements of this subsection for inclusion in the Fleet.
“\(B\) Public solicitation requirements.—In soliciting
proposals under subparagraph \(A\), the Secretary—
“\(i\) shall—
“\(I\) publish a notice in the Federal Register, which, at a
minimum, identifies the requirements for the number of
vessels as established by the Administrator; and
“\(II\) allow applicants such time as determined by the
Secretary, which shall not be less than 30 days, to submit a
proposal for entry into the Fleet; and
“\(ii\) may include in the notice in the Federal Register—
“\(I\) target numbers for each vessel type that will be
selected for inclusion in the Fleet each year; and
“\(II\) guidance on proposed annual operating support
payments and annual capital support payments for each vessel
type solicited, to ensure—
“\(aa\) covered entities submit proposals that are priced
competitively and meet the needs of the Fleet; and
“\(bb\) there is a competitive selection process as
described in this section.
“\(2\) Eligible proposals.—The Secretary shall solicit and
accept proposals in separate processes for each of the
following:
“\(A\) Newly constructed vessels.—
“\(i\) In general.—A covered entity may submit a proposal
for the Fleet that involves the construction of a United
States built vessel and operation of such vessel as a vessel
of the United States in foreign commerce.
“\(ii\) Interim vessel.—A proposal described in clause \(i\)
from a covered entity may propose the use of an interim
vessel, if such proposal provides that—
“\(I\) the covered entity will operate a qualified foreign-
built vessel as a vessel of the United States in foreign
commerce as part of the Fleet until the United States built
vessel described in such clause enters the Fleet, in
accordance with the milestones established within the
operating agreement under section 53603\(c\)\(1\);
“\(II\) when the United States built vessel enters the Fleet
or the covered entity fails to meet milestones established in
the operating agreement, the qualified foreign-built vessel
shall be removed from the Fleet; and
“\(III\) the covered entity may then transfer and register
the qualified foreign-built vessel under a registry of any
foreign country that is not a foreign country of concern.
“\(B\) Qualified foreign-built vessels.—
“\(i\) In general.—Through fiscal year 2032, a covered
entity may submit a proposal for the Fleet that involves the
operation of a qualified foreign-built vessel as a vessel of
the United States in foreign commerce.
“\(ii\) Exception.—After fiscal year 2032, the Secretary
may not enter into a new agreement to bring a qualified
foreign-built vessel into the Fleet unless—
“\(I\) the vessel is operating as an interim vessel under
subparagraph \(A\)\(ii\); or
“\(II\) the Secretary and Secretary of Defense jointly
certify to the appropriate committees of Congress that adding
additional qualified foreign-built vessels to the Fleet is
necessary for the national security of the United States
until replaced by a newly constructed vessel to meet the
schedule under subsection \(b\).
“\(3\) Procedure.—
“\(A\) In general.—A covered entity desiring to have a
vessel selected for the Fleet shall submit an eligible
proposal under paragraph \(2\) as at such time, in such manner,
and containing such information as the Secretary may require.
Such proposal shall include—
“\(i\) a proposed annual operating support payment, which
may cover the difference in operating costs \(including costs
associated with vessel repair\) associated with operating the
vessel as a vessel of the United States as compared to a fair
and reasonable estimate of the cost of operating that type of
vessel under the laws of a foreign country;
“\(ii\) in the case of a proposal described in paragraph
\(2\)\(A\), a proposed annual capital support payment, which may
cover the difference in capital costs associated with
constructing the vessel in the United States as compared to a
fair and reasonable estimate of the cost of constructing that
type of vessel in a foreign shipyard; and
“\(iii\) any other support payments needed to make a vessel
commercially viable in foreign commerce.
“\(B\) Bid team.—In the case of an eligible entity that is
a bid team described in section 53601\(4\)\(B\), such team
shall—
“\(i\) jointly submit a proposal under this subsection for
inclusion in the Fleet; and
“\(ii\) in such a proposal, clarify which entity of the bid
team shall receive each proposed annual operating support
payment and proposed annual capital support payment, and any
other proposed support payments.
“\(4\) Review of proposals.—
“\(A\) In general.—The Secretary shall conduct an
independent evaluation of each eligible proposal submitted
under paragraph \(2\), including evaluating the fair and
reasonable estimates made by the covered entity to support
the proposed annual operating payment, proposed annual
capital support payment, and proposed other support payments,
as applicable.
“\(B\) Savings provision.—Nothing in this provision shall
be construed to require compliance with part 15 of the
Federal Acquisition Regulation \(or successor regulations\).
“\(5\) Acceptance into fleet.—
“\(A\) In general.—The Secretary shall evaluate eligible
proposals submitted under this subsection in order to, in
accordance with this paragraph, select proposals that meet
the requirements of this section for acceptance in the Fleet.
“\(B\) Citizenship preference.—In selecting proposals to
meet the requirements of this section, the Secretary shall
ensure, to the extent sufficient qualified proposals are
received under this subsection, that not less than 25 percent
of vessels selected for the Fleet shall be owned or operated
by a covered entity that is, or a bid team led by, a citizen
of the United States under section 50501.
“\(C\) Priority.—In evaluating eligible proposals for
selection in the Fleet and subject to subparagraph \(B\), the
Secretary shall select proposals that represent the best
value to the Federal Government, taking into consideration
the vessel types and capabilities critical to the national
and economic security of the United States.
“\(D\) Relationship to the tanker security fleet.—If the
most recent Mobility Capability Requirements Study produced
by United States Transportation Command identifies a need for
a fleet of tanker vessels that are vessels of the United
States that exceeds the size of the Tanker Security Fleet
established under chapter 534 of this title, the Secretary
may select for inclusion in the Fleet a number of tanker
vessels that, when combined with the number of vessels in the
Tanker Security Fleet, is consistent with the requirements of
the Study.
“\(E\) Considerations for review.—In evaluating eligible
proposals submitted under this subsection for selection in
the Fleet, the Secretary shall—
“\(i\) determine that any vessel so selected will be
suitable for use by the United States in time of war or
national emergency;
“\(ii\) determine that any vessel so selected will aid in
the promotion and development of foreign commerce;
“\(iii\) determine that—
“\(I\) the proposed use of the vessel in commercial service
is reasonable; and
“\(II\) the owner or operator of the vessel possesses the
ability, experience, financial resources, and other
qualifications necessary for the operation and maintenance of
the vessel;
“\(iv\) determine that a shipyard selected to construct a
vessel under this section possesses the ability, experience,
financial resources, equipment, and other qualifications
necessary to properly construct the vessel;
“\(v\) determine that the cost of the construction \(if
applicable\) and cost of operation of a vessel under this
section is fair and reasonable;
“\(vi\) consider whether the covered entity commits to—
“\(I\) use equipment, materials, and supplies that are
produced in the United States; and
“\(II\) utilize, to the maximum extent practicable,
subcontractors and suppliers that are based in the United
States;
“\(vii\) consider whether the covered entity commits to
repair, repower, and recondition a vessel under this section
in a shipyard in the United States; and
“\(viii\) consider whether the covered entity has made
commitments to worker and community investment, including
through—
“\(I\) programs to expand employment opportunity for
economically disadvantaged individuals; or
“\(II\) securing commitments from regional educational and
training entities and institutions of higher education, as
defined in section 102 of the Higher Education Act of 1965
\(20 U.S.C. 1002\), to provide workforce training, including
programming for training and job placement of economically
disadvantaged individuals.
“\(6\) Timing.—
“\(A\) Qualified foreign vessel.—Not later than 180 days
after entering into an operating agreement under section
53603 with a covered entity for inclusion of a qualified
foreign-built vessel into the Fleet, such vessel shall be
placed into service as part of the Fleet.
“\(B\) Newly constructed vessel.—Not later than 36 months
after entering into an operating agreement under section
53603 with a covered entity for inclusion of a newly
constructed United States built vessel described in paragraph
\(2\)\(A\), such vessel shall be placed into service as part of
the Fleet.
“\(C\) Delayed admission.—The Secretary may delay the entry
of a vessel selected to participate in the Fleet for—
“\(i\) a delay in the construction of such vessel; or
“\(ii\) difficulty of the owner or operator of such vessel
in recruiting United States mariners as required under
section 53603\(b\)\(1\)\(A\).
“\(d\) Vessel Eligibility.—A vessel is eligible to be
included in the Fleet if—
“\(1\) the vessel—
“\(A\) is a vessel of the United States; or
“\(B\) is not a vessel of the United States, but—
“\(i\) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Fleet; and
“\(ii\) by the time an operating agreement is entered into
under section 53603, the vessel is documented under chapter
121 of this title;
“\(2\) the vessel is a United States built vessel or a
qualified foreign-built vessel;
“\(3\) the vessel is—
“\(A\) a bulk carrier vessel;
“\(B\) a tanker vessel;
“\(C\) a roll-on/roll-off vessel;
“\(D\) a liquefied natural gas tanker vessel;
“\(E\) a container vessel;
“\(F\) a multi-purpose vessel;
“\(G\) a cable vessel \(as defined in section 53201 of this
title\);
“\(H\) a heavy-lift vessel; or
“\(I\) any other type of vessel determined appropriate by
the Secretary;
“\(4\) the vessel is operated \(or will be operated\) in
providing transportation in foreign commerce;
“\(5\) the vessel meets the requirements of paragraph \(1\),
\(2\), \(3\), or \(4\) of subsection \(e\);
“\(6\) the vessel is self-propelled and is—
“\(A\) a newly constructed vessel;
“\(B\) a tank vessel that is 10 years of age or less on the
date the vessel is included in the Fleet; or
“\(C\) is not a tank vessel and is 15 years of age or less
on the date the vessel is included in the Fleet;
“\(7\) the vessel—
“\(A\) is suitable for use by the United States in time of
war or national emergency, as determined by the Secretary and
the Secretary of Defense;
“\(B\) is commercially viable, as determined by the
Secretary; and
“\(C\) has dedicated space for the training of—
“\(i\) cadets of the Merchant Marine Academy consistent with
the requirements of section 51307\(b\);
“\(ii\) students of a State maritime academy, consistent
with the requirements of section 51507; or
“\(iii\) participants in another workforce training program
identified by the Secretary; and
“\(8\) the vessel will, for the period of an operating
agreement under section 53603 that applies to the vessel,
meet any other requirement determined appropriate by the
Secretary.
“\(e\) Requirements Regarding Citizenship of Owners,
Charterers, and Operators.—
“\(1\) Vessel owned and operated by section 50501
citizens.—A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by 1 or more persons that are citizens of the
United States under section 50501.
“\(2\) Vessel owned and operated by a qualified
documentation citizen.—A vessel meets the requirements of
this paragraph if—
“\(A\) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person—
“\(i\) that is eligible to document the vessel under chapter
121 of this title;
“\(ii\) the chairman of the board of directors, the chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 50501 of this title, and are appointed and subjected
to removal only upon approval by the Secretary; and
“\(iii\) that certifies to the Secretary that there are no
treaties, statutes, regulations, or other laws that would
prohibit the covered entity for the vessel from performing
its obligations under an operating agreement under this
chapter;
“\(B\) in the case of a vessel that will be owned and
operated by a person that is owned or controlled by another
person that is not a citizen of the United States under
section 50501 of this title, the other person enters into an
agreement with the Secretary not to influence the operation
of the vessel in a manner that will adversely affect the
interests of the United States; and
“\(C\) the Secretary and the Secretary of Defense notify the
appropriate committees of Congress that they concur with the
certification required under subparagraph \(A\)\(iii\) and have
reviewed and agree that there are no other legal,
operational, or other impediments that would prohibit the
covered entity for the vessel from performing its obligations
under an operating agreement under this chapter.
“\(3\) Vessel owned and operated by defense contractor.—A
vessel meets the requirements of this paragraph if—
“\(A\) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that—
“\(i\) is eligible to document a vessel under chapter 121 of
this title;
“\(ii\) operates or manages other United States-documented
vessels for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
“\(iii\) has entered into a special security agreement for
purposes of this paragraph with the Secretary of Defense;
“\(iv\) makes the certification described in paragraph
\(2\)\(A\)\(iii\); and
“\(v\) in the case of a vessel described in paragraph
\(2\)\(B\), enters into an agreement referred to in that
paragraph; and
“\(B\) the Secretary and the Secretary of Defense notify the
appropriate committees of Congress that they concur with the
certification required under subparagraph \(A\)\(iv\), and have
reviewed and agree that there are no other legal,
operational, or other impediments that would prohibit the
covered entity for the vessel from performing its obligations
under an operating agreement under this chapter.
“\(4\) Vessel owned by documentation citizen and chartered
to section 50501 citizen.—A vessel meets the requirements of
this paragraph if, during the period of an operating
agreement under this chapter that applies to the vessel, the
vessel will be—
“\(A\) owned by a person that is eligible to document a
vessel under chapter 121; and
“\(B\) demise chartered to a person that is a citizen of the
United States under section 50501.
“Sec. 53603. Operating agreements
“\(a\) In General.—The Secretary, acting through the
Administrator, shall require, as a condition of including any
vessel in the Fleet, that the covered entity for the vessel
enter into an operating agreement under this section.
“\(b\) Requirements.—
“\(1\) General requirements.—An operating agreement
required under subsection \(a\) shall require the vessel
subject to such agreement to meet the following requirements:
“\(A\) During the period in which the vessel is operating
under the agreement—
“\(i\) the vessel will be crewed in accordance with section
8103 of this title;
“\(ii\) the vessel shall be operated within the Fleet
exclusively in foreign commerce, or in mixed foreign and
domestic trade allowed under a registry endorsement under
section 12111 of this title, and not in coastwise trade; and
“\(iii\) the covered entity will have in effect an emergency
preparedness agreement described in section 53605 for the
period of such agreement.
“\(B\) Beginning on the first day of the operating
agreement, the vessel will be permanently ineligible for a
coastwise endorsement under section 12112 of this title or to
otherwise participate in the coastwise trade, even if the
operating agreement is terminated or not renewed.
“\(2\) Vessel repair requirements.—
“\(A\) In general.—Subject to subparagraphs \(B\) and \(C\),
the operating agreement required under subsection \(a\) shall—
“\(i\) require that the vessel subject to such agreement
undergo a set percentage, agreed to between the Secretary and
the covered entity, of repair work \(excluding necessary
repairs as described in paragraph \(1\) of section 466\(d\) of
the Tariff Act of 1930 \(19 U.S.C. 1466\(d\)\(1\)\) at a shipyard
in the United States; and
“\(ii\) prohibit the vessel subject to such agreement from
receiving repairs at a shipyard in a foreign country of
concern \(as defined in section 53601 of this title\).
“\(B\) Exception for interim vessels.—The requirements of
clauses \(i\) and \(ii\) of subparagraph \(A\) shall not apply to
interim vessels included in the fleet under
53602\(c\)\(2\)\(A\)\(ii\).
“\(C\) Authority of the secretary.—Notwithstanding any
other provision of law, the Secretary may modify or waive any
requirement of subparagraph \(A\) only if the Secretary—
“\(i\) determines that waiving such requirements are in the
national security interest of the United States; and
“\(ii\) makes such a determination publicly available in
writing and submits the determination to the appropriate
committees of Congress \(as defined in section 53601 of this
title\).
“\(3\) Coordination with coast guard regarding coastwise
trade prohibition.—The Secretary shall coordinate with the
Secretary of the Department in which the Coast Guard is
operating to ensure that any vessel that is, or was, covered
by an operating agreement under this chapter is permanently
ineligible for a coastwise endorsement under section 12112 of
this title or to otherwise participate in the coastwise
trade, as required under paragraph \(1\)\(B\).
“\(c\) Milestones and Payments.—The operating agreement
shall—
“\(1\) prescribe specific milestones for project completion,
as agreed upon between the Secretary and the covered entity;
and
“\(2\) specify the schedule of operating support payments,
and as applicable, capital support payments and other
incentives and payments, based on completion of such
milestones and consistent with the eligible proposals
submitted by the covered entity under section 53602\(c\)\(3\)\(A\),
as agreed to by the Secretary and the covered entity.
“\(d\) Incentives.—
“\(1\) State of the art technology incentives.—An operating
agreement required under subsection \(a\) may include financial
incentives to support the testing or adoption of state of the
art technology, including artificial intelligence, advanced
shipbuilding techniques, automation, modern propulsion
systems, environmental performance, crew safety, national
defense features, and other technologies identified by the
Secretary to be relevant in advancing the military and
economic security of the United States.
“\(2\) Performance incentives.—The operating agreement may
include incentive payments for eligible entities that exceed
the milestones established under subsection \(c\)\(1\).
“\(e\) Term of Operating Agreement.—
“\(1\) In general.—An operating agreement to participate in
the Fleet shall be for a period of 7 years.
“\(2\) Renewal of agreement.—
“\(A\) In general.—A covered entity for a vessel
participating in the Fleet under an operating agreement under
this section may apply to renew such operating agreement.
“\(B\) Renewal limitation.—An operating agreement under
this section may be renewed not more than 2 times.
“\(3\) Termination payment.—
“\(A\) No-fault termination during contract.—Subject to
subparagraph \(B\), a covered entity for a vessel operating
under an operating agreement under this section that includes
a capital support payment shall receive a termination payment
if any of the following applies:
“\(i\) No-fault termination.—Capital support payments
provided to a covered entity under an operating agreement are
terminated during a contract term.
“\(ii\) No-fault non-renewal.—An operating agreement is not
selected to be renewed under paragraph \(2\).
“\(B\) Secretary determination for material lack of
compliance.—In any case in which the Secretary determines
under subsection \(f\) that a covered entity for a vessel
operating under an operating agreement under this section
materially fails to comply with the terms of the operating
agreement and, due to such failure to comply, the operating
agreement is terminated or not selected for renewal, the
Secretary may determine that the covered entity is not
entitled to a termination payment and subparagraph \(A\) shall
not apply.
“\(C\) Termination payment defined.—In this paragraph, the
term \`termination payment' means a payment in an amount that
equals the product of—
“\(i\) the percentage of the remaining useful life of the
vessel, calculated using 21 years as the maximum useful life
of the vessel; multiplied by
“\(ii\) the difference in the cost of constructing the
vessel in the United States and the cost of constructing the
vessel in a foreign country, to the extent such cost
difference was not recovered by the covered entity through
payments received under any operating agreement under this
section.
“\(f\) Termination by Secretary for Lack of Program
Participant Compliance.—If a covered entity for a vessel
operating under an operating agreement under this section
materially fails to comply with the terms of the operating
agreement—
“\(1\) the Secretary shall notify the covered entity and
provide a reasonable opportunity to comply with the operating
agreement; and
“\(2\) if the covered entity fails to achieve such
compliance, the Secretary—
“\(A\) shall terminate the operating agreement;
“\(B\) shall not renew the operating agreement under
subsection \(e\)\(2\); and
“\(C\) may take steps to recover an amount equal to the
payments and incentives provided to the covered entity under
this chapter.
“\(g\) Nonrenewal for Lack of Funds.—If, by the first day
of a fiscal year, sufficient funds have not been appropriated
under the authority provided by this chapter for that fiscal
year, then the Secretary shall notify the appropriate
committees of Congress that operating agreements authorized
under this chapter for which sufficient funds are not
available will not be renewed for that fiscal year if
sufficient funds are not appropriated by the 60th day of that
fiscal year.
“\(h\) Release of Vessels From Obligations.—
“\(1\) In general.—A vessel covered by an operating
agreement under this chapter is released from any further
obligation under the operating agreement, except for the
requirements of paragraph \(2\), if—
“\(A\) the Secretary terminated or did not renew the
operating agreement under subsection \(f\);
“\(B\) the covered entity elects to not renew its operating
agreement with the Secretary;
“\(C\) the vessel is ineligible for renewal under subsection
\(e\)\(2\); or
“\(D\) funds are not appropriated to the Secretary for
payments under the operating agreement under this chapter for
any fiscal year by the 60th day of that fiscal year.
“\(2\) Coastwise trade.—Consistent with the requirements of
subsection \(b\)\(1\)\(B\), a vessel released from obligations
under paragraph \(1\) shall remain permanently ineligible for a
coastwise endorsement under section 12112 of this title or to
otherwise participate in the coastwise trade.
“\(3\) Authority to transfer vessel.—
“\(A\) In general.—After a vessel is released from
obligations under paragraph \(1\), the covered entity may
transfer and register such vessel under a foreign registry
that—
“\(i\) is acceptable to the Secretary and the Secretary of
Defense, and allows the requisitioning of the vessel for
title or use, notwithstanding section 56101 of this title;
and
“\(ii\) is not a foreign country of concern.
“\(B\) Emergency acquisition of vessels.—If chapter 563 of
this title is applicable to a vessel after registration in a
foreign registry described in subparagraph \(A\), then the
vessel is available to be requisitioned by the Secretary
pursuant to such chapter.
“\(i\) Judicial Review.—No court shall have jurisdiction to
review the Secretary's decision with respect to the award or
non-award of an operating agreement issued under this
chapter.
“Sec. 53604. Payments
“\(a\) In General.—An operating agreement under this
chapter shall require that the Secretary make payments to the
covered entity, in accordance with the milestones established
under section 53603\(c\)\(1\) and the operating agreement under
section 53603 and subject to the availability of
appropriations.
“\(b\) Limitations.—Notwithstanding any other provision of
this chapter, the Secretary shall not make any payment under
this chapter for a vessel—
“\(1\) with respect to any day for which—
“\(A\) the vessel is not operated or maintained in
accordance with an operating agreement under this chapter;
“\(B\) the vessel is under a charter to the United States
Government; or
“\(C\) except as provided under subsection \(c\), the vessel
is engaged in transporting military or other preference
cargoes under section 55302\(a\), 55304, 55305, or 55314 of
this title, section 2631 of title 10, or any other cargo
preference law of the United States; or
“\(2\) that participates in the coastwise trade in violation
of the operating agreement and section 53603\(b\)\(1\)\(B\).
“\(c\) Preference Cargos.—
“\(1\) In general.—The Secretary may waive the requirement
of subsection \(b\)\(1\)\(C\) to the extent, in the manner, and on
the terms the Secretary prescribes, only if prior to
shipment—
“\(A\) the Administrator, acting in the Administrator's
capacity as Director of the National Shipping Authority—
“\(i\) determines the non-availability of qualified vessels
of the United States that are not enrolled in the Strategic
Commercial Fleet; and
“\(ii\) notifies the Secretary of such determination;
“\(B\) the Secretary ensures reasonable notice has been
provided to the owners and operators of qualified vessels of
the United States that are not enrolled in the Strategic
Commercial Fleet prior to making the waiver determination;
and
“\(C\) by not later than 7 days after issuing a waiver under
this subsection, the Secretary notifies the appropriate
committees of Congress and posts such waiver on a public
website of the Maritime Administration.
“\(2\) Non-delegation.—The Secretary shall not delegate the
waiver authority provided under paragraph \(1\).
“\(d\) Operating Agreement Is Obligation of United States
Government.—An operating agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement,
subject to the availability of appropriations.
“\(e\) Clarification.—Notwithstanding any other provision
of law, the provision by the Secretary of a payment under
this section shall not be considered to be a major Federal
action under the National Environmental Policy Act of 1969
\(42 U.S.C. 4321 et seq.\) or an undertaking for the purposes
of division A of subtitle III of title 54.
“\(f\) Buy America.—Section 54101\(d\)\(2\) shall apply to any
funds obligated by the Secretary under this section that are
used to construct or repair a United States-built vessel.
“Sec. 53605. National security requirements
“\(a\) Emergency Preparedness Agreement Required.—The
Secretary, in coordination with the Secretary of Defense,
shall establish an emergency preparedness program under this
section under which the program participant for an operating
agreement under this chapter shall agree, as a condition of
the operating agreement, to enter into an emergency
preparedness agreement with the Secretary. The Secretary
shall negotiate and enter into an emergency preparedness
agreement with each program participant as promptly as
practicable after the program participant has entered into
the operating agreement.
“\(b\) Use of Existing Program.—The Secretary may use an
existing emergency preparedness program, as of the date of
enactment of this section, to satisfy the requirements of
subsection \(a\).
“\(c\) Terms of Agreement.—The terms of an emergency
preparedness agreement under this section shall—
“\(1\) provide that upon request by the Secretary of Defense
during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation \(as that term is
defined in section 101\(a\) of title 10\), the program
participant shall make available commercial transportation
resources \(including services\) described in subsection \(e\) to
the Secretary of Defense;
“\(2\) shall include such additional terms as may be
established by the Secretary and the Secretary of Defense;
and
“\(3\) shall allow for the modification or addition of terms
upon agreement by the Secretary and the program participant
and the approval by the Secretary of Defense.
“\(d\) Participation After Expiration of Operating
Agreement.—The Secretary may not require, through an
emergency preparedness agreement or an operating agreement,
that a program participant covered by an operating agreement
continue to participate in an emergency preparedness
agreement after the operating agreement has expired according
to its terms or is otherwise no longer in effect. After the
expiration of an emergency preparedness agreement, a program
participant may voluntarily continue to participate in the
agreement.
“\(e\) Resources Made Available.—The commercial
transportation resources to be made available under an
emergency preparedness agreement shall include vessels or
capacity in vessels, terminal facilities, management
services, and other related services, or any agreed portion
of such nonvessel resources for activation as the Secretary
of Defense may determine to be necessary, seeking to minimize
disruption of the program participant's service to commercial
customers.
“\(f\) Compensation.—
“\(1\) In general.—The Secretary shall include in each
emergency preparedness agreement provisions approved by the
Secretary of Defense under which the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
“\(2\) Specific requirements.—Compensation under this
subsection—
“\(A\) shall not be less than the program participant's
commercial market charges for like transportation resources;
“\(B\) shall be fair and reasonable considering all
circumstances;
“\(C\) shall be provided from the time that a vessel or
resource is required by the Secretary of Defense until the
time it is redelivered to the program participant and is
available to reenter commercial service; and
“\(D\) shall be in addition to and shall not in any way
reflect amounts payable under section 53604 of this title.
“\(g\) Temporary Replacement Vessels.—Notwithstanding
section 55302\(a\), 55304, 55305, or 55314 of this title,
section 2631 of title 10, or any other cargo preference law
of the United States—
“\(1\) a program participant may operate or employ in
foreign commerce a foreign vessel, or capacity in a foreign
vessel, as a temporary replacement for a vessel of the United
States or vessel of the United States capacity that is
activated by the Secretary of Defense under an emergency
preparedness agreement or a primary Department of Defense
sealift-approved readiness program; and
“\(2\) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport
preference cargoes subject to sections 55302\(a\), 55304,
55305, and 55314 of this title and section 2631 of title 10,
to the same extent as the eligibility of the vessel or vessel
capacity replaced.
“\(h\) Redelivery and Liability of the United States for
Damages.—
“\(1\) In general.—All commercial transportation resources
activated under an emergency preparedness agreement shall,
upon termination of the period of activation, be redelivered
to the program participant in the same good order and
condition as when received, less ordinary wear and tear, or
the Secretary of Defense shall fully compensate the program
participant for any necessary repair or replacement.
“\(2\) Limitation on united states liability.—Except as may
be expressly agreed in
an emergency preparedness agreement, or as otherwise provided
by law, the Government shall not be liable for disruption of
a program participant's commercial business or other
consequential damages to the program participant arising from
the activation of commercial transportation resources under
an emergency preparedness agreement.
“Sec. 53606. Regulations
“The Secretary and the Secretary of Defense may each
prescribe rules as necessary to carry out their respective
responsibilities under this chapter.”.
\(b\) Conforming Amendments.—Section 51307\(b\) of title 46,
United States Code, is amended—
\(1\) in paragraph \(1\)—
\(A\) in the matter preceding subparagraph \(A\)—
\(i\) by striking “, or the” and inserting “, the”; and
\(ii\) by inserting “, or the Strategic Commercial Fleet
under chapter 536 of this title” before “to—”; and
\(B\) in subparagraph \(A\), by striking “or Tanker Security
Fleet vessel” and inserting “Tanker Security Fleet vessel,
or Strategic Commercial Fleet vessel”; and
\(2\) in paragraph \(2\), by striking “or 534” and inserting
“534, or 536”.
\(c\) Clerical Amendment.—The table of chapters for subtitle
V of title 46, United States Code, is amended by inserting
after the item relating to chapter 535 the following:
“536. Strategic Commercial Fleet..........................53601”.....
SA 6455. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . PARENTAL BEREAVEMENT LEAVE.
Section 6329d\(b\)\(1\) of title 5, United States Code, is
amended by inserting “, including any instance of the
natural or spontaneous loss of an unborn child, such as
through miscarriage, stillbirth, or a loss that occurs due to
a medical intervention for a pregnancy emergency, such as the
treatment of an ectopic pregnancy” after “of the
employee”.
SA 6456. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, insert the following:
SEC. 1050. REPORT ON CRITICAL DEFENSE MINERAL REQUIREMENTS
AND MUNITIONS SUPPLY CHAIN RESILIENCY.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for
Acquisition and Sustainment, the Director of the Defense
Logistics Agency Strategic Materials, and the Director of the
United States Geological Survey, shall submit to the
congressional defense committees a report assessing critical
defense mineral requirements, stockpile alignment, and supply
chain vulnerabilities for munitions production.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) An assessment of the critical minerals and materials
required—
\(A\) to replenish munitions expended in operations of the
United States Central Command since February 2026 to pre-
conflict inventory levels;
\(B\) to achieve munitions inventory objectives across a
range of contingency scenarios for the Indo-Pacific region of
varying duration and intensity, reported as a demand range
rather than a single estimate; and
\(C\) to estimate the duration for which stockpile holdings
and supply arrangements as of the date of the enactment of
this Act can sustain munitions production at required rates
before surge production in the United States or allies of the
United States is required to provide replacement supply.
\(2\) For each critical mineral identified under paragraph
\(1\), a comprehensive mapping of sole-source and near-sole-
source chokepoints, and chokepoints controlled by the
People's Republic of China or other adversaries of the United
States, across extraction, processing, refining, fabrication,
and component manufacturing stages, assessed by mineral and
by munition system.
\(3\) An analysis of the alignment of the composition of the
National Defense Stockpile with the mineral requirements
identified under paragraph \(1\), including—
\(A\) critical minerals for which no stockpile holding exists
as of the date of the enactment of this Act;
\(B\) whether stockpiled minerals are held in forms and
grades usable by the munitions industrial base without
intermediate processing that reintroduces foreign dependency;
and
\(C\) critical defense mineral requirements associated with
munitions programs of record in development or early
production that are not captured in the assessment under
paragraph \(1\).
\(4\) A munition-to-materials crosswalk for munitions and
interceptors, detailing the critical defense minerals,
energetics, materials, and industrial inputs required for
production, including identification of the principal drivers
of replenishment risk.
\(5\) A prioritized assessment of the 10 most significant
mineral, material, component, industrial, or processing
bottlenecks limiting munitions replenishment and inventory
reconstitution.
\(6\) Recommendations for addressing the vulnerabilities
identified under paragraphs \(1\) through \(5\), including—
\(A\) stockpile acquisition priorities and any additional
legislative authorities or appropriations required to close
identified gaps;
\(B\) agreements with countries that are allies or partners
of the United States necessary to establish assured supply
arrangements for minerals and materials subject to adversary-
controlled chokepoints; and
\(C\) a plan for establishing a standing analytic capability
within the Department of Defense—
\(i\) to translate operational munitions expenditure into
critical defense mineral demand requirements; and
\(ii\) to integrate critical mineral supply chain assessments
into munitions acquisition milestone decisions, inventory
management, and force-planning decisions.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6457. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XV, add the following:
SEC. 1510A. REPORT ON SAFE ORBITAL TRAJECTORY OPTIONS FROM
INLAND AND NONTRADITIONAL LAUNCH SITES.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act of this Act, the Secretary of
Defense, in consultation with the Administrator of the
Federal Aviation Administration and the Administrator of
National Aeronautics and Space Administration, shall submit
to the congressional defense committees a report on safe
orbital launch trajectory options from inland and
nontraditional launch sites.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) An assessment of the flight safety requirements
necessary to permit overland launch trajectories for both
expendable and partially or fully reusable launch systems to
the various inclinations and orbital regimes, including Low-
Earth Orbit \(LEO\), Medium-Earth Orbit \(MEO\), Geostationary
Orbit \(GEO\), and Highly Elliptical Orbit \(HEO\).
\(2\) Public safety and debris-risk modeling for prospective
full-cycle launch and reentry operations, including economic
and environmental impacts.
\(3\) An evaluation of the types of full-cycle launch and
reentry vehicles suitable for inland and nontraditional
sites, explicitly addressing the infrastructure required to
support vertical launch capabilities and distinguishing among
expendable, partially reusable, and fully reusable launch
systems.
\(4\) A cost estimate for the infrastructure and operational
needs associated with activating and using individual inland
and nontraditional launch sites, considering both existing
commercial spaceport infrastructure and potential new sites.
\(5\) A cost-benefit analysis weighing the national security
resilience benefits of expanded launch infrastructure with
the substantial investments required to support heavy-lift
launch vehicles.
\(6\) An analysis of the manner in which such alternative
launch options will inform future operational and capability
requirements for national security launch providers.
\(7\) A framework for integrating nontraditional and inland
ranges into the national launch enterprise through Federal
range services, dynamic airspace management, and flexible
deployment capabilities.
\(8\) The assumptions and conditions on which the report is
based and an assessment of their viability.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may contain a classified
annex.
SA 6458. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such
fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. REPORT ON INCIDENCE OF MILITARY SUICIDES BY
LOCATION AND MISSION.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Homeland Security with respect to the Coast
Guard, shall conduct a review and submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
rates of suicides in the Armed Forces disaggregated by—
\(1\) location and operational environment, including whether
the member was serving along the southern border as part of
Operation Ardent Vanguard or in the Middle East as part of
operation Epic Fury; and
\(2\) service component.
SA 6459. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. REPORT ON INCIDENCE OF MILITARY SUICIDES BY SERVICE
COMPONENT.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Homeland Security with respect to the Coast
Guard, shall conduct a review and submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report on the
rates of suicides in the Armed Forces disaggregated by
service component.
SA 6460. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title VII, insert the
following:
SEC. . REPORT ON IMPACT OF IMMIGRATION ENFORCEMENT ON
SERVICEMEMBER MENTAL HEALTH.
\(a\) Study.—The Secretary of Defense shall conduct a study
on how immigration enforcement operations that have occurred
since January 20, 2025, have impacted the mental health of
members of the Armed Forces.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report on the study conducted pursuant to
subsection \(a\).
SA 6461. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. LIMITATION ON AUTHORITY TO ELIMINATE THE 70TH
FLYING TRAINING SQUADRON OF THE UNITED STATES
AIR FORCE ACADEMY.
\(a\) Limitation.—The Secretary of the Air Force may not
perform a covered action regarding the 70th Flying Training
Squadron of the USAFA until 180 days after the day that the
Secretary submits to the congressional defense committees a
report described in subsection \(b\).
\(b\) Report.—A report described in this subsection is a
report on covered action regarding the 70th Flying Training
Squadron of USAFA. Such a report includes the following
elements:
\(1\) An assessment of the effect of such covered action on
the capacity to train cadets at USAFA, including the number
of cadets so affected annually.
\(2\) A plan to maintain capacity described in paragraph \(1\)
provided by the 70th Flying Training Squadron, including the
retention of advanced mission sets, simulator training, and
evaluator pilot functions.
\(3\) An analysis of alternatives to such covered action,
including the reallocation of chronically vacant billets
within Air Force Reserve Command.
\(4\) An assessment of the cost differential between
continued operation of the 70th Flying Training Squadron,
replacement of its functions by active-duty personnel, and
replacement of its functions by contracted support.
\(5\) A plan to preserve the institutional knowledge and
instructional capacity currently provided by aviators
assigned to the 70th Flying Training Squadron or equivalent
capability.
\(6\) A plan to sustain the 70th Flying Training Squadron
until the date specified in subsection \(a\).
\(c\) Definitions.—In this section:
\(1\) The term “covered action” includes eliminating,
deactivating, defunding, reducing the number of personnel,
and reducing the number of aircraft.
\(2\) The term “USAFA” means the United States Air Force
Academy.
SA 6462. Mr. HICKENLOOPER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXVIII, add the
following:
SEC. 2873. AUTHORIZATION FOR CERTAIN PLANNING, DESIGN, AND
CONSTRUCTION CONTRACTS IN SUPPORT OF MILITARY
SERVICE ACADEMIES.
Subchapter I of chapter 134 of title 10, United States
Code, is amended by inserting after section 2246 the
following new section:
“Sec. 2247. Authorization for certain planning, design, and
construction contracts in support of military service
academies
“\(a\) Authority.—Subject to subsection \(b\) and amounts
made available in advance for such purpose, and pursuant to
such regulations as the Secretary of Defense may prescribe,
the Superintendent of a Service Academy may seek to enter
into a contract with a covered foundation for the planning,
design, construction, equipping, and maintenance of
facilities and other projects that support the mission of
such Service Academy.
“\(b\) Limitations.—Any contractual agreement entered into
under subsection \(a\)—
“\(1\) may not make the United States Government liable to
the covered foundation;
“\(2\) may not affect the ability of any official or
employee of the military department concerned to carry out a
responsibility or duty in a fair and objective manner;
“\(3\) may not compromise the integrity or appearance of
integrity of any program of the military department
concerned, or any individual involved in such a program;
“\(4\) shall comply with the Joint Ethics Regulation; and
“\(5\) shall be reviewed and approved by an attorney of the
military department concerned.
“\(c\) Briefing.—In any fiscal year during which the
Superintendent of a Service Academy exercises the authority
under subsection \(a\), the Secretary of the military
department concerned shall provide a briefing not later than
the last day of that fiscal year to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the campus improvement projects initiated during
such fiscal year.
“\(d\) Definitions.—In this section:
“\(1\) The term \`covered foundation' means a charitable,
educational, or civic nonprofit organization under section
501\(c\)\(3\) of the Internal Revenue Code of 1986, that the
Secretary concerned determines operates exclusively to
support, with respect to a Service Academy, any of the
following:
“\(A\) Recruiting.
“\(B\) Parent or alumni development.
“\(C\) Academic, leadership, or character development.
“\(D\) Institutional development.
“\(E\) Athletics.
“\(2\) The term \`Service Academy' has the meaning given such
term in section 347 of this title.”.
SA 6463. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. WILDFIRE FUNDING ADJUSTMENT.
\(a\) Statutory Caps.—Section 251\(b\)\(2\)\(F\)\(i\) of the
Balanced Budget and Emergency Deficit Control Act of 1985 \(2
U.S.C. 901\(b\)\(2\)\(F\)\(i\)\) is amended—
\(1\) in the matter preceding subclause \(I\), by striking
“2027” and inserting “2037”;
\(2\) in subclause \(VII\), by striking “and” at the end;
\(3\) in subclause \(VIII\), by striking the period at the end
and inserting a semicolon; and
\(4\) by adding at the end the following:
“\(IX\) for fiscal year 2028, $5,000,000,000;
“\(X\) for fiscal year 2029, $5,250,000,000;
“\(XI\) for fiscal year 2030, $5,515,000,000;
“\(XII\) for fiscal year 2031, $5,800,000,000;
“\(XIII\) for fiscal year 2032, $6,100,000,000;
“\(XIV\) for fiscal year 2033, $6,400,000,000;
“\(XV\) for fiscal year 2034, $6,700,000,000;
“\(XVI\) for fiscal year 2035, $7,035,000,000;
“\(XVII\) for fiscal year 2036, $7,400,000,000; and
“\(XVIII\) for fiscal year 2037, $7,800,000,000.”.
\(b\) Congressional Budget Act of 1974.—Section 314 of the
Congressional Budget Act of 1974 \(2 U.S.C. 645\) is amended by
adding at the end the following:
“\(h\) Adjustments for Wildfire Suppression.—
“\(1\) Definitions.—As used in this subsection—
“\(A\) the terms \`additional new budget authority' and
\`wildfire suppression operations' have the meanings given
such terms in section 251\(b\)\(2\)\(F\)\(ii\) of the Balanced Budget
and Emergency Deficit Control Act of 1985 \(2 U.S.C.
901\(b\)\(2\)\(F\)\(ii\)\); and
“\(B\) the term \`covered legislative action' means that—
“\(i\)\(I\) a bill or joint resolution making discretionary
appropriations for any of fiscal years 2028 through 2037 is
reported;
“\(II\) a motion to proceed to such a bill or joint
resolution is agreed to;
“\(III\) an amendment to such a bill or joint resolution is
offered;
“\(IV\) an amendment between the Houses in relation to such
a bill or joint resolution is laid before the Senate or the
House of Representatives; or
“\(V\) a conference report on such a bill or joint
resolution is submitted; and
“\(ii\) the bill, joint resolution, amendment, amendment
between the Houses, or conference report described in clause
\(i\) provides an amount for wildfire suppression operations in
the Wildland Fire Management accounts at the Department of
Agriculture or the Department of the Interior.
“\(2\) Adjustments.—In the event of a covered legislative
action, the chairman of the Committee on the Budget of the
House of Representatives or the Senate shall make the
adjustments referred to in paragraph \(3\) to reflect the
additional new budget authority provided for wildfire
suppression operations for the applicable fiscal year in the
applicable bill, joint resolution, amendment, amendment
between the Houses, or conference report and the outlays
resulting therefrom, consistent with paragraph \(5\).
“\(3\) Types of adjustments.—The adjustments referred to in
this paragraph consist of adjustments to—
“\(A\) the discretionary spending limits for that fiscal
year as set forth in the most recently adopted concurrent
resolution on the budget;
“\(B\) the allocations to the Committees on Appropriations
of the Senate and the House of Representatives for that
fiscal year under section 302\(a\); and
“\(C\) the appropriate budget aggregates for that fiscal
year in the most recently adopted concurrent resolution on
the budget.
“\(4\) Enforcement.—The adjusted discretionary spending
limits, allocations, and aggregates under this subsection
shall be considered the appropriate limits, allocations, and
aggregates for purposes of congressional enforcement of this
Act and concurrent budget resolutions under this Act.
“\(5\) Limitation.—No adjustment may be made under this
subsection in excess of—
“\(A\) for fiscal year 2028, $5,000,000,000;
“\(B\) for fiscal year 2029, $5,250,000,000;
“\(C\) for fiscal year 2030, $5,515,000,000;
“\(D\) for fiscal year 2031, $5,800,000,000;
“\(E\) for fiscal year 2032, $6,100,000,000;
“\(F\) for fiscal year 2033, $6,400,000,000;
“\(G\) for fiscal year 2034, $6,700,000,000;
“\(H\) for fiscal year 2035, $7,035,000,000;
“\(I\) for fiscal year 2036, $7,400,000,000; and
“\(J\) for fiscal year 2037, $7,800,000,000.”.
SA 6464. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. LIABILITY FOR AIDING OR ABETTING TORTURE OR
EXTRAJUDICIAL KILLINGS.
Section 2\(a\) of the Torture Victim Protection Act of 1991
\(28 U.S.C. 1350 note\) is amended by inserting “, or aids or
abets in subjecting,” after “subjects” each place the term
appears.
SA 6465. Mr. KELLY \(for himself and Mr. Tillis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title X, add the following:
SEC. 1037. WAIVER OF CERTAIN FEES AND COSTS FOR CERTAIN
INDIAN TRIBAL MEMBERS AND RELATIVES.
Notwithstanding any other provision of law, the Secretary
of Homeland Security may waive any fees and costs incurred by
a member or relative of a federally recognized Indian tribe
in connection with, or incidental to, the ongoing
implementation of the memorandum of Support to Tribes at or
near the U.S. Southwest Border, issued on December 4, 2023 by
U.S. Customs and Border Protection.
SA 6466. Mr. CORNYN \(for himself and Mr. Booker\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. \_\_. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
Section 4303 of the Elementary and Secondary Education Act
of 1965 \(20 U.S.C. 7221b\) is amended—
\(1\) in subsection \(b\)—
\(A\) in paragraph \(1\)\(C\), by striking “and” after the
semicolon; and
\(B\) by striking paragraph \(2\) and inserting the following:
“\(2\)\(A\) provide technical assistance to eligible
applicants and authorized public chartering agencies in
carrying out the activities described in paragraph \(1\);
“\(B\) work with authorized public chartering agencies in
the State to improve authorizing quality, including
developing capacity for, and conducting, fiscal oversight and
auditing of charter schools; and
“\(C\) at the State entity's discretion—
“\(i\) fund a revolving loan fund or similar mechanisms for
expenses under subsection \(h\) prior to an eligible applicant
receiving reimbursement; and
“\(ii\) provide assistance to eligible applicants in
locating and accessing a facility; and
“\(3\) provide pre-charter planning subgrants \(in amounts of
no more than $100,000 per prospective applicant\) to charter
school developers that—
“\(A\) intend to submit an application—
“\(i\) to an authorized public chartering agency to operate
a charter school; or
“\(ii\) to nonprofit or public entities for the provision of
financial support to such developers;
“\(B\) are led by educators who—
“\(i\) have not less than 54 months of school-based
experience \(which may include experience in teaching in or
administering after school or summer school programs\); and
“\(ii\) have demonstrated leadership competencies and
success with students, as determined by the State entity; and
“\(C\) have successfully completed the development of an
initial plan for opening a charter school, as evidenced by a
description of the educational needs of the community in
which the proposed charter school will be located and how the
proposed charter school will be suited to meet those
needs.”;
\(2\) in subsection \(c\)\(1\)—
\(A\) in subparagraph \(A\), by striking “90 percent” and
inserting “80 percent”;
\(B\) in subparagraph \(B\)—
\(i\) by striking “not less than 7 percent” and inserting
“not more than 10 percent”; and
\(ii\) by striking “and” after the semicolon;
\(C\) by redesignating subparagraph \(C\) as subparagraph \(D\);
\(D\) in subparagraph \(D\), as so redesignated, by striking
“3 percent” and inserting “5 percent”; and
\(E\) by inserting after subparagraph \(B\) the following:
“\(C\) reserve not more than 5 percent of such funds to
carry out the activities described in subsection \(b\)\(3\);
and”;
\(3\) in subsection \(d\)\(1\)\(B\), by striking “this section”
and inserting “subsection \(b\)\(1\)”;
\(4\) in subsection \(e\)\(2\), by striking “this section” and
inserting “subsection \(b\)\(1\)”;
\(5\) in subsection \(f\)\(1\)\(A\)\(vi\)—
\(A\) in the matter preceding subclause \(I\), by inserting
“under subsection \(b\)\(1\)” after “program”; and
\(B\) in subclause \(II\), by striking “subgrant funds under
this section” and inserting “subgrant funds under
subsection \(b\)\(1\)”; and
\(6\) in subsection \(h\), in the matter preceding paragraph
\(1\), by striking “this section” and inserting “subsection
\(b\)\(1\)”.
SA 6467. Mr. CORNYN \(for himself, Mrs. Blackburn, Mr. Budd, Mrs. Capito, Mr. Daines, Mr. Grassley, Ms. Lummis, and Mr. Ricketts\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . STOPPING HARMFUL AND OUTRAGEOUS TORTS ACT.
\(a\) Short Title.—
This section may be cited as the “Stopping Harmful and
Outrageous Torts Act”.
\(b\) Clarifying the Broad Scope of Immunity Against
Qualified Civil Actions.—Section 3 of the Protection of
Lawful Commerce in Arms Act \(15 U.S.C. 7902\) is amended by
striking subsection \(b\) and inserting the following:
“\(b\) Dismissal of Pending Actions.—A qualified civil
liability action, including any claims asserted therein, that
is pending on the date of enactment of the Stopping Harmful
and Outrageous Torts Act, shall be immediately dismissed by
the court in which the action was brought or is currently
pending.”.
\(c\) Updating Definitions to Halt the Spread of Frivolous
Lawsuits.—Section 4 of the Protection of Lawful Commerce in
Arms Act \(15 U.S.C. 7903\) is amended—
\(1\) by striking paragraph \(1\) and inserting the following:
“\(1\) Engaged in the business.—The term \`engaged in the
business' means devoting time, attention, and labor to the
sale, manufacture, or importation of a qualified product as a
regular course of trade or business.”;
\(2\) in paragraph \(2\), by striking “commerce” and all that
follows through the period at the end and inserting
“commerce, including any owner and employee of such
person”;
\(3\) by redesignating paragraphs \(4\) through \(9\) as
paragraphs \(5\) through \(10\), respectively;
\(4\) by inserting after paragraph \(3\) the following:
“\(4\) Proximate cause.—The term \`proximate cause' means
that the plaintiff was directly injured by the allegedly
unlawful conduct of the defendant.”;
\(5\) by striking paragraph \(5\), as so redesignated, and
inserting the following:
“\(5\) Qualified product.—The term \`qualified product'
means a firearm \(as defined in subparagraph \(A\), \(B\), or \(C\)
of section 921\(a\)\(3\) of title 18, United States Code\),
including any antique firearm \(as defined in section
921\(a\)\(16\) of such title\), ammunition \(as defined in section
921\(a\)\(17\)\(A\) of such title\), or a component part of, or an
accessory intended for use with, a firearm or ammunition,
including ammunition magazines or clips, optical devices, or
other products intended to be included in, attached to, or
used while attached to, or in conjunction with, a firearm or
ammunition, that has been shipped or transported in
interstate or foreign commerce.”;
\(6\) by striking paragraph \(6\), as so redesignated, and
inserting the following:
“\(6\) Qualified civil liability action.—
“\(A\) In general.—The term \`qualified civil liability
action' means a civil action, proceeding, or administrative
proceeding, or any claim asserted therein, brought by any
person against a manufacturer or seller of a qualified
product, or a trade association, for damages, punitive
damages, injunctive or declaratory relief, abatement,
restitution, fines, or penalties, or other relief, resulting
from, on the basis of, arising out of, or in relation to the
criminal or unlawful misuse, alteration, or modification of a
qualified product by the person or a third party, under any
theory of liability, including statutory claims or claims
arising from tort or contract, but shall not include—
“\(i\) a claim brought against a transferor convicted under
section 924\(h\) of title 18, United States Code, or a
comparable or identical State felony law, by a party directly
harmed by the conduct of which the transferee is so
convicted;
“\(ii\) a claim brought against a seller for negligent
entrustment or negligence per se;
“\(iii\) a claim—
“\(I\) in which a manufacturer or seller of a qualified
product knowingly violated chapter 44 of title 18, United
States Code, chapter 53 of the Internal Revenue Code of 1986,
the Arms Export Control Act \(22 U.S.C. 2751 et seq.\), or the
Export Control Reform Act of 2018 \(50 U.S.C. 4801 et seq.\),
or an equivalent State statute, that is intended to and
exclusively imposes specific and concrete obligations on
manufacturers and sellers regarding the manner in which
qualified products are manufactured, distributed, or
transferred to unlicensed persons;
“\(II\) in which the violation was a proximate cause of the
harm for which relief is sought; and
“\(III\) that is not premised on nuisance or negligence,
whether based in statute or common law;
“\(iv\) a claim for breach of contract or warranty in
connection with the purchase of the product;
“\(v\) a claim for death, physical injuries or property
damage resulting directly from a defect in design or
manufacture of the product, when being lawfully used as
intended or in a reasonably foreseeable manner, except that
where the discharge of the product was caused by a volitional
act which meets the elements of a criminal offense, then such
act shall be considered the sole proximate cause of any
resulting death, personal injuries or property damage; or
“\(vi\) a claim or proceeding commenced by the Attorney
General to enforce the provisions of chapter 44 of title 18,
United States Code, or chapter 53 of the Internal Revenue
Code of 1986.
“\(B\) Negligent entrustment.—As used in subparagraph
\(A\)\(ii\), the term \`negligent entrustment'—
“\(i\) means the supplying of a qualified product by a
seller for use by another person when the seller knows, or
reasonably should know, the person to whom the product is
supplied is themself likely to, and does, use the product in
a manner involving unreasonable risk of physical injury to
the person or others; and
“\(ii\) does not include instances in which the harm was
caused by a person who was not entrusted with the qualified
product directly by the seller.
“\(C\) Rule of construction.—The exceptions enumerated
under clauses \(i\) through \(v\) of subparagraph \(A\) shall be
construed so as not to be in conflict, and no provision of
this Act shall be construed to create a public or private
cause of action, claim, or remedy.
“\(D\) Minor child exception.—Nothing in this Act shall be
construed to limit the right of a person under 17 years of
age to recover damages authorized under Federal or State law
in a civil action that meets one of the requirements under
clauses \(i\) through \(v\) of subparagraph \(A\).
“\(E\) Foreign state and governments.—
“\(i\) Definition.—The term \`foreign state or government'
includes any entity, agency, or instrumentality of a foreign
state or government.
“\(ii\) Prohibition.—No foreign state or government may
bring a civil action, proceeding, or administrative
proceeding, or any claim asserted therein against a
manufacturer or seller of a qualified product, or a trade
association, for damages, punitive damages, injunctive or
declaratory relief, abatement, restitution, fines, or
penalties, or other relief, resulting from, on the basis of,
arising out of, or in relation to the criminal or unlawful
misuse, alteration, or modification of a qualified product by
the person or a third party, under any theory of liability,
including statutory claims or claims arising from tort or
contract, in any Federal or State court. The exceptions to
immunity provided under clauses \(i\) through \(v\) of
subparagraph \(A\) shall not apply to any claim brought by a
foreign state or government and may not be asserted by any
foreign state or government in any Federal or State court.”.
\(7\) by striking paragraph \(7\), as so redesignated, and
inserting the following:
“\(7\) Seller.—The term \`seller', with respect to a
qualified product—
“\(A\) means—
“\(i\) an importer \(as defined in section 921\(a\)\(9\) of title
18, United States Code\) who is engaged in the business as
such an importer in interstate or foreign commerce and who is
licensed to engage in business as such an importer under
chapter 44 of that title;
“\(ii\) a dealer \(as defined in section 921\(a\)\(11\) of title
18, United States Code\) who is engaged in the business as
such a dealer in interstate or foreign commerce and who is
licensed to engage in business as such a dealer under chapter
44 of that title;
“\(iii\) a person engaged in the business of selling
ammunition \(as defined in section 921\(a\)\(17\)\(A\) of title 18,
United States Code\); or
“\(iv\) a person engaged in the business of selling any
other qualified product in interstate or foreign commerce at
the wholesale or retail level, including import and export;
“\(B\) includes any owner or employee of the seller; and
“\(C\) does not include any manufacturer.”.
\(d\) Procedure for Removal and Dismissal.—The Protection of
Lawful Commerce in Arms Act \(15 U.S.C. 7901 et seq.\) is
amended by inserting after section 3 \(15 U.S.C. 7902\) the
following:
“SEC. 3A. PROCEDURE.
“\(a\) Removal and Dismissal.—
“\(1\) In general.—In any action before a State court in
which a defendant that is a manufacturer, seller, or trade
association asserts that the action is a qualified civil
liability action, the manufacturer, seller, or trade
association may remove the action to the district court of
the United States for the district and division embracing the
place where such action is pending.
“\(2\) Jurisdiction.—
“\(A\) In general.—The district court shall have
jurisdiction over an action described in paragraph \(1\) if the
defendant seeking removal makes a colorable assertion that at
least 1 of the claims is a qualified civil liability action.
“\(B\) Supplemental jurisdiction.—The district court may
exercise supplemental jurisdiction over all other claims in
the action that arise out of the same common nucleus of
operative facts.
“\(3\) Motion to dismiss.—Upon determination by the
district court that removal is proper, the defendant shall
have 30 days to file a motion to dismiss.
“\(4\) Discretion.—The district court has the discretion to
retain jurisdiction to resolve any remaining claims in the
case even upon the dismissal of claims barred by the immunity
granted by this Act if doing so comports with judicial
economy, convenience, fairness to the parties, and comity.
“\(5\) Review.—An order remanding a case to the State court
from which it was removed pursuant to this section shall be
immediately reviewable on appeal.
“\(b\) Pleading.—
“\(1\) In general.—A claim brought against a manufacturer
or seller of a qualified product, or a trade association,
premised on any of the exceptions listed in clauses \(i\)
through \(vi\) of section 3\(6\)\(A\) shall plead with
particularity the factual allegations providing the basis for
the application of the exception, including those facts
necessary to establish scienter and proximate cause.
“\(2\) Exceptions.—A claim brought against a manufacturer
or seller of a qualified product, or a trade association,
premised on an exception to the immunity granted in this Act
shall allege particularized facts showing that the
manufacturer or seller of a qualified product, or trade
association, was the proximate cause of the damages alleged.
The court shall determine whether the particularized facts
alleged by the plaintiff suffice to establish proximate cause
as a matter of law.
“\(c\) Interlocutory Appeals as of Right.—A defendant shall
have the right to take an immediate interlocutory appeal of
an order, denying a motion to dismiss based on any provision
of this Act.
“\(d\) Attorney's Fees for Prevailing Defendants.—A
defendant who prevails in asserting the immunity granted in
this Act shall be entitled to reasonable attorney's fees and
court costs.”.
\(e\) Preemption.—The Protection of Lawful Commerce in Arms
Act \(15 U.S.C. 7901 et seq.\), as amended by subsection \(d\) of
this section, is amended by adding at the end the following:
“SEC. 3B. PREEMPTION.
“The provisions of this Act expressly preempt any State
and local laws \(including regulations\) that specifically
impose liability on qualified product manufacturers, sellers,
and trade associations, or that attempt to do so in a
generally applicable manner insofar as the State or local law
\(including regulations\) allows for civil actions, civil
proceedings, and administrative proceedings for damages,
punitive damages, injunctive or declaratory relief,
abatement, restitution, fines, penalties, or other relief
resulting from the criminal misuse, alteration, or
modification of a qualified product under any theory of
liability, including any statutory claim arising from tort or
contract.”.
SA 6468. Mr. CORNYN \(for himself, Mr. Coons, Mr. Cruz, and Mr. Tillis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H—Judiciary Matters
SEC. . CARLA WALKER ACT.
\(a\) Short Title.—This section may be cited as the “Carla
Walker Act”.
\(b\) Grants to Improve Forensic Activities.—Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 \(34 U.S.C.
10101 et seq.\) is amended by adding at the end the following:
“PART PP—GRANTS TO IMPROVE FORENSIC ACTIVITIES
“SEC. 3061. DEFINITIONS.
“In this part:
“\(1\) Accredited forensic laboratory.—The term \`accredited
forensic laboratory' means a forensic laboratory that—
“\(A\) is accredited by an accrediting body that is a
signatory to an internationally recognized arrangement and
that offers accreditation to forensic science conformity
assessment bodies using an accreditation standard that is
recognized by that internationally recognized arrangement; or
“\(B\) attests, in a legally binding and enforceable manner,
to prepare and apply for an accreditation described in
subparagraph \(A\) not later than 2 years after date on which
the forensic laboratory—
“\(i\) first receives a grant under this part; or
“\(ii\) first receives a request for analysis from an
eligible entity receiving a grant under this part.
“\(2\) FGG dna analysis and searching.—The term \`FGG DNA
analysis and searching' means—
“\(A\) forensic genetic genealogical DNA analysis of a
forensic or reference sample of biological material by an
accredited forensic laboratory to develop a forensic genetic
genealogy profile; and
“\(B\) the subsequent search of that genetic genealogy
profile in a genetic genealogy service.
“\(3\) Forensic analysis.—The term \`forensic analysis'
means an expert examination, interpretation, or test—
“\(A\) requested by a law enforcement agency, a coroner or
medical examiner's office, a prosecutor, a criminal suspect
or defendant, or a court; and
“\(B\) performed on physical or biological evidence for—
“\(i\) investigative purposes, including to determine the
identity of unidentified human remains; or
“\(ii\) prosecutorial, defense, or court-ordered judicial
purposes.
“\(4\) Forensic genetic genealogy profile.—The term
\`forensic genetic genealogy profile' means a single
nucleotide polymorphisms-based genetic profile generated from
a forensic or reference sample by an accredited forensic
laboratory for the purpose of conducting FGG DNA analysis and
searching.
“\(5\) Forensic laboratory.—The term \`forensic laboratory'
means a facility, entity, or site that—
“\(A\) offers or performs forensic analysis; and
“\(B\) follows appropriate evidentiary, documentation, and
quality assurance requirements for use in judicial
proceedings.
“\(6\) Genetic genealogy service.—The term \`genetic
genealogy service' means a repository of genetic data
containing genetic profiles submitted by individuals that
permits search by a law enforcement agency for forensic
genetic genealogy purposes.
“\(7\) Interim policy.—The term \`Interim Policy' means the
\`Interim Policy on Forensic Genetic Genealogical DNA Analysis
and Searching' of the Department of Justice dated November 1,
2019, or any successor policy.
“\(8\) Law enforcement agency.—The term \`law enforcement
agency' means an agency of the United States, a State, a
political subdivision of a State, or an Indian Tribe
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
“SEC. 3062. DNA ANALYSIS GRANTS.
“\(a\) Eligible Entity Defined.—In this section, the term
\`eligible entity' means—
“\(1\) a State;
“\(2\) a Tribal, county, or local law enforcement agency;
“\(3\) a publicly funded accredited forensic laboratory;
“\(4\) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability;
“\(5\) a medical examiner's office; and
“\(6\) a coroner's office.
“\(b\) Authorization of Grants.—The Attorney General may
award a competitive grant to an eligible entity for the
purpose of using any technology used in a forensic
laboratory—
“\(1\) to conduct whole genome sequencing technology to
assess not less than 100,000 genetic markers; and
“\(2\) that is compatible with genealogical databases.
“\(c\) Applications.—An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
“\(d\) Use of Grant.—An eligible entity that receives a
grant under this section shall use funds from the grant for
any of the following purposes:
“\(1\) To carry out DNA analyses of physical evidence
collected under applicable legal authority using the
technology described in subsection \(b\) if the submission of
such physical evidence to the Combined DNA Index System has
failed to produce an investigative lead.
“\(2\) To carry out DNA analyses of unidentified human
remains using the technology described in subsection \(b\) if
submission of such samples to the Combined DNA Index System
has failed to produce an investigative lead.
“\(3\) To outsource an activity described in paragraph \(1\)
or \(2\) for the use of technology described in subsection \(b\)
and searching to—
“\(A\) an accredited publicly funded forensic laboratory;
“\(B\) a medical examiner or coroner's office;
“\(C\) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability; or
“\(D\) a nongovernmental accredited forensic laboratory.
“\(e\) Requirements and Limitations With Respect to Genetic
Genealogy.—An eligible entity that receives a grant under
this section—
“\(1\) with respect to a forensic profile derived from a
candidate forensic sample for which a sufficient quantity of
DNA exists and which meets the eligibility requirements of
the Combined DNA Index System, before attempting to use FGG
DNA analysis and searching with respect to the forensic
profile—
“\(A\) shall upload the forensic profile to the Combined DNA
Index System; and
“\(B\) may only proceed with FGG DNA analysis and searching
if a search of the uploaded forensic profile in the Combined
DNA Index System fails to produce a probative and confirmed
DNA match;
“\(2\) with respect to an eligible entity that is a law
enforcement agency, may not arrest a suspect based solely on
a genetic association generated by a genetic genealogy
service;
“\(3\) with respect to an eligible entity that is a law
enforcement agency or an entity conducting genetic
genealogical research on behalf of a law enforcement agency
or to inform a criminal investigation, shall—
“\(A\) identify as a law enforcement agency to any genetic
genealogy service; and
“\(B\) enter and search forensic genetic genealogy profiles
only in a genetic genealogy service that provides explicit
notice to users of the genetic genealogy service and the
public that law enforcement may use the genetic genealogy
service to investigate crimes or identify unidentified human
remains;
“\(4\) shall seek informed consent from third parties before
collecting reference samples directly from an individual that
will be used for FGG DNA analysis and searching, unless case-
specific circumstances provide reasonable grounds to believe
that this requirement would compromise the integrity of an
investigation;
“\(5\) shall treat all forensic genetic genealogy profiles
and genetic genealogy service
account information and data as confidential government
information consistent with any applicable laws, regulations,
policies, and procedures;
“\(6\) shall use biological samples and forensic genetic
genealogy profiles only for law enforcement identification
purposes;
“\(7\) shall take all reasonable and necessary steps and
precautions to ensure that others who have authorized access
to biological samples and forensic genetic genealogy profiles
follow the same limitation of use of those samples required
under paragraph \(6\);
“\(8\) whenever possible, shall use only genetic genealogy
services that configure service site user settings that
control access to forensic genetic genealogy profile data and
associated account information in a manner that will prevent
that data and information from being viewed by other service
users;
“\(9\) shall conduct covert collection of a DNA sample for
the purpose of performing FGG DNA analysis and searching in
accordance with applicable State and Federal law; and
“\(10\) may not use a biological sample or a forensic
genetic genealogy profile to determine the genetic
predisposition for disease or any other medical condition or
psychological trait of the donor of the sample or profile.
“\(f\) Regulations.—Not later than 1 year after the date of
enactment of this section, the Attorney General shall
promulgate regulations to promote the reasoned exercise of
investigative, scientific, and prosecutorial discretion in
cases that involve forensic genetic genealogical DNA analysis
and searching. Such regulations shall incorporate the
requirements and limitations set forth under subsection \(e\).
“\(g\) Authorization of Appropriations.—
“\(1\) In general.—There are authorized to be appropriated
to the Attorney General to carry out this section $5,000,000
for each of fiscal years 2027 through 2031.
“\(2\) Limitations on use.—
“\(A\) In general.—Amounts appropriated to carry out this
section—
“\(i\) subject to subparagraph \(B\), shall only be made
available to carry out forensic genetic genealogical
analysis; and
“\(ii\) shall not be made available for staffing, training,
travel, or equipment.
“\(B\) Administrative costs.—The Attorney General may use
not more than 10 percent of amounts appropriated to carry out
this section for administrative costs.
“SEC. 3063. GRANTS FOR FORENSIC EQUIPMENT AND DATABASE
SEARCHING.
“\(a\) Eligible Entity Defined.—In this section, the term
\`eligible entity' means—
“\(1\) a publicly funded accredited forensic laboratory;
“\(2\) a State, county, local, or Tribal prosecutor's office
with a forensic laboratory capability;
“\(3\) a medical examiner's office; and
“\(4\) a coroner's office.
“\(b\) Authorization of Grants.—The Attorney General may
award a grant to an eligible entity for the purpose of—
“\(1\) purchasing equipment for FGG DNA analysis and
searching; or
“\(2\) funding searches to generate investigative leads for
criminal investigations or unidentified human remains.
“\(c\) Applications.—An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
“\(d\) Use of Funds.—An eligible entity that receives a
grant under this section shall use funds from the grant—
“\(1\) to purchase forensic equipment, including supplies,
reagents, consumables, and validation expenses, for genetic
genealogy techniques to generate investigative leads for
criminal investigations or unidentified human remains; and
“\(2\) for genealogical database searching.
“\(e\) Department of Justice Policy.—Other than an activity
involving unidentified human remains, an activity carried out
using funding from a grant under this section shall be
carried out in compliance with—
“\(1\) the Interim Policy; and
“\(2\) the regulations promulgated under section 3062\(f\).
“\(f\) Authorization of Appropriations.—There are
authorized to be appropriated to the Attorney General to
carry out this section $5,000,000 for each of fiscal years
2027 through 2031.
“SEC. 3064. ADMINISTRATIVE PROVISIONS.
“\(a\) Regulations.—The Attorney General may promulgate
guidelines, regulations, and procedures to carry out this
part, including guidelines, regulations, and procedures
relating to the submission and review of applications for
grants under sections 3062 and 3063.
“\(b\) Accountability.—
“\(1\) Records.—An eligible entity that receives a grant
under this part shall maintain such records as the Attorney
General may require to facilitate an effective audit relating
to the receipt of the grant, the use of amounts from the
grant, outsourcing activities, and compliance with—
“\(A\) section VIII, entitled \`Sample and Data Control and
Disposition', of the Interim Policy; and
“\(B\) the regulations promulgated under section 3062\(f\).
“\(2\) Access.—For the purpose of conducting audits and
examinations, the Attorney General shall have access to any
book, document, or record of an eligible entity that receives
a grant under this part, a State or unit of local government
within which the eligible entity operates, and any entity to
which the eligible entity outsources work using amounts from
the grant if the Attorney General determines that the book,
document, or record relates to—
“\(A\) the receipt of the grant;
“\(B\) the use of funds from the grant; or
“\(C\) compliance with—
“\(i\) section VIII, entitled \`Sample and Data Control and
Disposition', of the Interim Policy; or
“\(ii\) the regulations promulgated under section 3062\(f\).
“\(3\) Suspension and debarment.—In carrying out this part,
the Attorney General shall comply with part 180 of title 2,
Code of Federal Regulations, or any successor regulation.
“SEC. 3065. REPORTS.
“Not later than1 year after the date on which an eligible
entity receives the final disbursement of funds from a grant
under section 3062 or 3063, the eligible entity shall submit
to the Attorney General a report that includes—
“\(1\) the amount of funding the eligible entity received
from the grant for each fiscal year for which the grant was
awarded;
“\(2\) the number of cases for which the eligible entity
submitted for testing using FGG DNA analysis and searching
during the previous year;
“\(3\) the number of cases for which the eligible entity
performed testing using FGG DNA analysis and searching during
the previous year;
“\(4\) the type of testing relating to FGG DNA analysis and
searching performed by the eligible entity during each year
for which the grant was awarded, including—
“\(A\) the name of any laboratory to which the eligible
entity outsourced the testing;
“\(B\) the type of sequencing equipment and method used for
the testing; and
“\(C\) the results of the testing, such as whether the
testing resulted in successful victim or perpetrator
identification, no identification, ongoing analysis, or
incomplete analysis, and the time it took to obtain a result;
“\(5\) during each year for which the grant was awarded, the
number of cases in which FGG DNA analysis and searching—
“\(A\) resulted in a searchable profile in a publicly
available genetic genealogy service;
“\(B\) generated a lead resulting in a victim or perpetrator
identification;
“\(C\) generated a lead but did not generate a victim or
perpetrator identification; and
“\(D\) did generate a lead and resulted in a victim or
perpetrator identification by the end of the grant period
directly resulting in an arrest; and
“\(6\) during each year for which the grant was awarded, the
average number of days it took to make any identification
between the date of sample submission for FGG DNA analysis
and searching and the date of delivery of test results to the
requesting office or agency.
“SEC. 3066. NO PREEMPTION.
“Nothing in this part shall be construed to preempt any
law \(including a regulation\) of a State, or a political
subdivision of a State, containing requirements that provide
equivalent or greater protection than the requirements of
this part.”.
\(c\) Department of Justice Report.—Not later than 3 years
after the date of enactment of this Act, the Attorney
General, in consultation with the Forensic Laboratory Needs
Working Group of the National Institute of Justice, shall
submit to Congress a report—
\(1\) on the awards and practices reported to the Attorney
General under section 3065 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this
section;
\(2\) on forensic genetic genealogy analysis technologies and
how best to implement forensic genetic genealogy analysis for
eligible entities \(as defined in section 3063\(a\) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968, as
added by this section\); and
\(3\) that includes any recommendations relating to—
\(A\) expected funding needs; and
\(B\) whether regulations are needed for the use of forensic
genetic genealogy analysis technology.
SEC. . PROMOTING POLICE LEADERSHIP ACT.
\(a\) Short Title.—This section may be cited as the
“Promoting Police Leadership Act”.
\(b\) Commander Curriculum Development.—
\(1\) Definitions.—Section 901\(a\) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 \(34 U.S.C.
10251\(a\)\) is amended—
\(A\) in paragraph \(32\), by striking “and” at the end;
\(B\) in paragraph \(33\)\(B\), by striking the period at the end
and inserting “; and”; and
\(C\) by adding at the end the following:
“\(34\) the term \`command-level personnel' means law
enforcement officers employed by a State, local, or Tribal
law enforcement agency whose responsibilities include
managing, directing, or overseeing law enforcement operations
within a geographic subunit of the jurisdiction in which such
agency has primary responsibility for law enforcement
activities.”.
\(2\) Cops program.—Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 \(34 U.S.C. 10381\)
is amended by adding at the end the following:
“\(q\) Training in Improving Police Command-level Personnel
Leadership, Management, and Effectiveness.—
“\(1\) Training curricula.—
“\(A\) In general.—Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
develop training curricula or identify effective existing
training curricula for command-level personnel relating to—
“\(i\) leadership and strategic thinking;
“\(ii\) critical incident response and management, including
understanding, preparing for, and responding to the effect of
critical incidents on officers and communities;
“\(iii\) risk management;
“\(iv\) officer wellness;
“\(v\) data analysis and data-driven policing tactics;
“\(vi\) evidence-based decision making; and
“\(vii\) building community trust.
“\(B\) Requirements.—The training curricula developed or
identified under this paragraph shall include—
“\(i\) primarily in-person instruction and peer-to-peer
learning;
“\(ii\) a framework for a practical, evidence-based problem
solving component under which participating command-level
personnel—
“\(I\) identify and develop a proposed solution to a
leadership, operational, or management challenge relevant to
personnel in the command-level personnel's employing law
enforcement agency;
“\(II\) receive feedback from curriculum instructors and
other participating command-level personnel to refine the
proposed solution accordingly to meet the needs of the law
enforcement agency and community served; and
“\(III\) present a final, implementable product emphasizing
evidence-based strategies to program instructors and the
command-level personnel's district or geographic command; and
“\(iii\) the incorporation of pre-course and post-course
assessments to measure knowledge acquisition and leadership
competencies relevant to the training curricula.
“\(C\) Consultation.—The Attorney General shall develop and
identify training curricula under this paragraph in
consultation with relevant law enforcement agencies of States
and units of local government, organizations and fraternal
associations representing law enforcement officers,
universities with appropriate law enforcement or leadership
programs, and any other entities the Attorney General
determines appropriate.
“\(2\) Certified programs and courses.—
“\(A\) In general.—Not later than 180 days after the date
on which training curricula are developed or identified under
paragraph \(1\), the Attorney General shall establish a process
to—
“\(i\) certify training programs and courses offered to
command-level personnel which incorporate 1 or more of the
training curricula developed or identified under paragraph
\(1\), or equivalents to such training curricula, which may
include certifying training programs or courses offered on or
before the date on which the Attorney General establishes the
process; and
“\(ii\) terminate the certification of a training program or
course that fails to meet the standards developed or
identified under paragraph \(1\).
“\(B\) Partnerships with educational institutions.—Not
later than 180 days after the date on which training
curricula are developed or identified under paragraph \(1\),
the Attorney General shall develop criteria to ensure that
entities which offer training programs or courses that are
certified under subparagraph \(A\) collaborate with educational
institutions to evaluate and continuously improve the
curricula and coursework of those educational institutions.
“\(3\) List.—Not later than 1 year after the date on which
the Attorney General completes the activities required under
paragraphs \(1\) and \(2\), the Attorney General shall publish a
list of law enforcement agencies of States and units of local
government employing law enforcement officers who have
successfully completed a course using the training curricula
developed or identified under paragraph \(1\), or equivalents
to such training curricula, which shall include—
“\(A\) the total number of law enforcement officers that are
employed by the law enforcement agency; and
“\(B\) the number of law enforcement officers who have
completed such a course.”.
\(c\) Attorney General Reports.—
\(1\) In general.—Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the date
that is 3 years after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the
activities carried out as a result of the amendments made
under subsection \(b\).
\(2\) Contents.—Each report under paragraph \(1\) shall
include, at a minimum, information on—
\(A\) steps taken by the Attorney General to develop or
identify curricula under section 1701\(q\)\(1\) of the Omnibus
Crime Control and Safe Streets Act of 1968, as added by
subsection \(b\);
\(B\) any assessments conducted or identified by the Attorney
General on the effectiveness and utilization of curricula
developed or identified under section 1701\(q\)\(1\) of the
Omnibus Crime Control and Safe Streets Act of 1968, as added
by subsection \(b\);
\(C\) recommendations for curriculum updates and
improvements; and
\(D\) barriers to training implementation.
\(d\) GAO Report.—Not later than 3 years after the date of
enactment of this Act, the Comptroller General of the United
States shall—
\(1\) conduct a review of the actions taken by the Attorney
General pursuant to this section and the amendments made by
this section; and
\(2\) submit to Congress a report on the review conducted
under paragraph \(1\), which shall include a description of—
\(A\) the process for developing and identifying curricula
under section 1701\(q\)\(1\) of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by subsection \(b\),
including the effectiveness of the consultation by the
Attorney General with the agencies, associations, and
organizations identified under that subsection; and
\(B\) the certification of training programs and courses
under section 1701\(q\)\(2\) of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by subsection \(b\),
including the development of the process for certification
and its implementation.
\(e\) State Certifications and Training Standards.—Nothing
in this section, or an amendment made by this section, shall
be construed to preempt or replace the authority of any State
or local government, including any Peace Officer Standards
and Training entity or similar certifying body, to set and
enforce certification, training, or qualification standards
for law enforcement officers.
SEC. . PROTECTING AMERICANS FROM RUSSIAN LITIGATION ACT.
\(a\) Short Title.—This section may be cited as the
“Protecting Americans from Russian Litigation Act of 2026”.
\(b\) Statement of Policy.—It is the policy of the United
States—
\(1\) to ensure that United States persons are not
disadvantaged for actions or omissions undertaken to comply
with United States sanctions or export controls; and
\(2\) to ensure that foreign persons, or persons acting on
their behalf, cannot obtain compensation for any action
related to United States persons attempting in good faith to
comply with their obligations under United States sanctions
or export controls.
\(c\) Limitation on Civil Actions Affected by United States
Sanctions.—
\(1\) In general.—Chapter 111 of title 28, United States
Code, is amended by adding at the end the following:
“Sec. 1660. Limitation on civil actions affected by United
States sanctions
“\(a\) Limitation.—Notwithstanding any provision of law, no
person \(other than the United States or a person acting on
behalf of the United States\) may bring a civil action in
Federal or State court to enforce any foreign judgment or
foreign arbitral award arising from a claim where—
“\(1\) the underlying conduct or circumstances giving rise
to the claim resulted from actions to comply with United
States sanctions impeding the performance of a contract; or
“\(2\) the court or tribunal issuing the judgment or
arbitral award asserted jurisdiction based, in whole or in
part, on the imposition of United States sanctions or export
controls \(or any foreign law enacted in response to the
imposition of United States sanctions or export controls\).
“\(b\) Removal and Dismissal.—An action to recognize or
enforce a foreign judgment or foreign arbitral award
described in subsection \(a\) may be removed by any defendant
to the appropriate United States district court, which shall
dismiss the action.
“\(c\) Rule of Construction.—Nothing in this section may be
construed to limit—
“\(1\) the authority of the President, any delegate of the
President \(including the Office of Foreign Assets Control of
the Department of the Treasury\), or any other officer or
official of the United States to bring any action or exercise
any responsibility under any applicable State or Federal law;
“\(2\) any right, remedy, or cause of action available to a
victim of international terrorism, torture, extrajudicial
killing, aircraft sabotage, or hostage taking, who is, or was
at the time of the victim's injury, a national of the United
States, a member of the United States Armed Forces, an
employee of the United States Government, or an individual
performing a contract awarded by the United States Government
acting within the scope of the individual's employment, or a
family member of any such victim, under any applicable State
or Federal law, including—
“\(A\) chapter 97 of this title;
“\(B\) chapter 113B of title 18; and
“\(C\) the Iran Threat Reduction and Syria Human Rights Act
of 2012 \(22 U.S.C. 8701 et seq.\) and any other laws providing
for the application of sanctions with respect to Iran or
Syria;
“\(3\) any right, remedy, or cause of action available to
any party arising under or relating to the party's
contractual rights \(other than an action to enforce a foreign
judgment or foreign arbitral award described in subsection
\(a\)\) where the parties agreed to resolve all disputes by
litigation in a State or Federal court within the United
States or by arbitration within the United States; or
“\(4\) any other right, remedy, or cause of action available
to any party arising under State or Federal law \(other than
an action to enforce a foreign judgment or foreign arbitral
award described in subsection \(a\)\) where the underlying
conduct or circumstances
giving rise to the claim resulted from the imposition of
United States sanctions or export controls.
“\(d\) United States Sanctions Defined.—In this section:
“\(1\) In general.—The term \`United States sanctions' means
any prohibition, restriction, or condition on transactions
involving any property in which any foreign country or
national thereof has any interest that is imposed by the
United States to address threats to the national security,
foreign policy, or economy of the United States pursuant to—
“\(A\) section 203 of the International Emergency Economic
Powers Act \(50 U.S.C. 1702\); or
“\(B\) any other provision of law, including any provision
of law relating to export controls.
“\(2\) Duties.—The term \`United States sanctions' does not
include the imposition of a duty on the importation of
goods.”.
\(2\) Clerical amendment.—The table of sections for such
chapter is amended by inserting after the item relating to
section 1659 the following new item:
“1660. Limitation on civil actions affected by United States
sanctions.”.
\(3\) Application.—Section 1660 of title 28, United States
Code, as added by paragraph \(1\), applies with respect to
civil actions pending on or after the date of the enactment
of this Act.
SEC. . STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT.
\(a\) Short Title.—This section may be cited as the
“Strengthening Child Exploitation Enforcement Act”.
\(b\) Kidnapping; Sexual Abuse; Illicit Sexual Conduct With
Respect to Minors.—
\(1\) In general.—Part I of title 18, United States Code, is
amended—
\(A\) in section 1201—
\(i\) in subsection \(a\), in the matter preceding paragraph
\(1\), by inserting “obtains by defrauding or deceiving any
person,” after “abducts,”;
\(ii\) in subsection \(b\), by inserting “obtained by
defrauding or deceiving any person,” after “abducted,”;
and
\(iii\) in subsection \(g\), by adding at the end the
following:
“\(2\) Defense.—For an offense described in this subsection
involving a victim who has not attained the age of 16 years,
it is not a defense that the victim consented to the conduct
of the offender, unless the offender can establish by a
preponderance of the evidence that the offender reasonably
believed that the victim had attained the age of 16 years.”;
\(B\) in chapter 109A—
\(i\) in section 2241\(c\), by striking “crosses a State
line” and inserting “travels in interstate or foreign
commerce”;
\(ii\) in section 2242\(3\), by striking “, to include doing
so” and inserting “or”;
\(iii\) in section 2243, by adding at the end the following:
“\(f\) Intentional Touching Involving Individuals Under the
Age of 16.—
“\(1\) Offense.—It shall be unlawful, in the special
maritime and territorial jurisdiction of the United States or
in a Federal prison, or in any prison, institution, or
facility in which persons are held in custody by direction of
or pursuant to a contract or agreement with the head of any
Federal department or agency, to knowingly cause the
intentional touching, not through the clothing, of the
genitalia of any person by a person who has not attained the
age of 16 years, with an intent to abuse, humiliate, harass,
degrade, or arouse or gratify the sexual desire of any
person, or attempt to do so, if to do so would violate
subsection \(a\), \(b\), or \(c\) of this section, section 2241, or
section 2242 had such intentional touching been a sexual act.
“\(2\) Penalty.—Any person who violates paragraph \(1\) shall
be fined under this title, imprisoned as provided in the
applicable provision of law described in that paragraph, or
both.”; and
\(iv\) in section 2244—
\(I\) in subsection \(a\)—
\(aa\) by redesignating paragraphs \(1\) through \(6\) as
subparagraphs \(A\) through \(F\), respectively, and adjusting
the margins accordingly;
\(bb\) by striking “Whoever” and inserting the following:
“\(1\) In general.—Whoever”;
\(cc\) in paragraph \(1\), as so designated—
\(AA\) in the matter preceding subparagraph \(A\), as so
redesignated, by striking “if so to do” and inserting “if
to do so”;
\(BB\) in subparagraph \(A\), as so redesignated, by striking
“ten” and inserting “10”;
\(CC\) in subparagraph \(B\), as so redesignated, by striking
“three” and inserting “3”;
\(DD\) in subparagraph \(C\), as so redesignated, by striking
“two” and inserting “2”;
\(EE\) in subparagraph \(D\), as so redesignated, by striking
“two” and inserting “2”; and
\(FF\) in subparagraph \(F\), as so redesignated, by striking
the semicolon at the end and inserting a period; and
\(dd\) by adding at the end the following:
“\(2\) Attempt.—Whoever attempts to commit an offense under
paragraph \(1\) shall be subject to the same penalty as for a
completed offense.”;
\(II\) in subsection \(b\)—
\(aa\) by inserting “or causes” after “engages in”;
\(bb\) by inserting “or by” after “sexual contact with”;
\(cc\) by inserting “, or attempts to do so,” after “other
person's permission”; and
\(dd\) by striking “two” and inserting “2”; and
\(III\) in subsection \(c\), by striking “If the sexual
contact that violates this section \(other than subsection
\(a\)\(5\)\) is with an individual” and inserting “If the sexual
contact or attempted sexual contact that a person engages in
or causes in violation of this section \(other than subsection
\(a\)\(1\)\(E\)\) is with or by an individual”; and
\(C\) in section 2423\(g\)\(1\)—
\(i\) by striking “a sexual act \(as defined in section 2246\)
with” and inserting “any conduct involving”; and
\(ii\) by striking “sexual act occurred” and inserting
“conduct occurred”.
\(2\) Effective date.—The amendment to section 2241\(c\) of
title 18, United States Code, made by paragraph \(1\) shall
apply to conduct that occurred before, on, or after the date
of enactment of this Act.
\(c\) Conforming Amendments Relating to Abusive Sexual
Contact.—
\(1\) Penalties for civil rights offenses involving sexual
misconduct.—Section 250\(b\) of title 18, United States Code,
is amended—
\(A\) in paragraph \(2\), by striking “section 2244\(a\)\(5\),”
and inserting “section 2244\(a\)\(1\)\(E\), or an attempt to
engage in or cause such contact as prohibited by section
2244\(a\)\(2\),”;
\(B\) in paragraph \(4\), in the matter preceding subparagraph
\(A\), by striking “subsection \(a\)\(1\) or \(b\) of section 2244,
but excluding abusive sexual contact through the clothing”
and inserting “section 2244\(a\)\(1\)\(A\), an attempt to engage
in or cause such contact as prohibited by section 2244\(a\)\(2\),
or abusive sexual contact of the type prohibited by section
2244\(b\), but excluding abusive sexual contact through the
clothing or an attempt to engage in or cause such contact”;
\(C\) in paragraph \(5\), in the matter preceding subparagraph
\(A\), by striking “section 2244\(a\)\(2\)” and inserting
“section 2244\(a\)\(1\)\(B\) or an attempt to engage in or cause
such contact as prohibited by section 2244\(a\)\(2\)”; and
\(D\) in paragraph \(6\), in the matter preceding subparagraph
\(A\), by striking “subsection \(a\)\(3\), \(a\)\(4\), or \(b\) of
section 2244” and inserting “subparagraph \(C\) or \(D\) of
section 2244\(a\)\(1\), an attempt to engage in or cause such
contact as prohibited by section 2244\(a\)\(2\), or abusive
sexual contact of the type prohibited by section 2244\(b\)”.
\(2\) Sentencing classification of offenses.—Section 3559 of
title 18, United States Code, is amended—
\(A\) in subsection \(c\)\(2\)\(F\)\(i\), by striking “sections
2244\(a\)\(1\) and \(a\)\(2\)” and inserting “subparagraphs \(A\) and
\(B\) of section 2244\(a\)\(1\)”; and
\(B\) in subsection \(e\)\(2\)\(A\), by striking “2244\(a\)\(1\)” and
inserting “2244\(a\)\(1\)\(A\)”.
SEC. . ENHANCING NECESSARY FEDERAL OFFENSES REGARDING
CHILD EXPLOITATION \(ENFORCE\) ACT.
\(a\) Short Title.—This section may be cited as the
“Enhancing Necessary Federal Offenses Regarding Child
Exploitation Act” or the “ENFORCE Act”.
\(b\) Clarifying Production With Respect to Material
Constituting or Containing Child Pornography.—Section 2252A
of title 18, United States Code, is amended—
\(1\) in subsection \(a\), by striking paragraph \(7\) and
inserting the following:
“\(7\) knowingly produces child pornography, as defined in
section 2256\(8\)\(C\), that—
“\(A\) the person knows, or has reason to know, will be
mailed, shipped, or transported using any means or facility
of interstate or foreign commerce or in or affecting
interstate or foreign commerce;
“\(B\) was produced using materials that have been mailed,
shipped, or transported in or affecting interstate or foreign
commerce; or
“\(C\) has been mailed, shipped, or transported using any
means or facility of interstate or foreign commerce or in or
affecting interstate or foreign commerce,”; and
\(2\) in subsection \(b\)—
\(A\) in paragraph \(1\), by striking “or \(6\)” and inserting
“\(6\), or \(7\)”; and
\(B\) by striking paragraph \(3\).
\(c\) Enhancing Enforcement With Respect to Obscene Visual
Representations of Child Sexual Abuse.—
\(1\) Removing the statute of limitations for obscene visual
representations of child sexual abuse.—Section 3299 of title
18, United States Code, is amended by inserting “1466A or”
before “1591”.
\(2\) Including crimes of obscene visual representations of
child sexual abuse in sex offender registration.—Section
111\(5\)\(A\)\(iii\) of the Adam Walsh Child Protection and Safety
Act of 2006 \(34 U.S.C. 20911\(5\)\(A\)\(iii\)\) is amended by
inserting “1466A or” before “1591”.
\(3\) Prohibition on reproduction of obscene visual
representations of child sexual abuse in discovery.—Section
1466A of title 18, United States Code, is amended—
\(A\) by redesignating subsection \(f\) as subsection \(g\); and
\(B\) by inserting after subsection \(e\) the following:
“\(f\) Prohibition on Reproduction of Obscene Visual
Depictions of Child Sexual Abuse.—In any criminal proceeding
brought under this section—
“\(1\) any visual depiction involved in a violation of this
section shall remain in the care, custody, and control of
either the Government or the court in the same manner
specified for child pornography in paragraphs \(1\) and \(2\) of
section 3509\(m\); and
“\(2\) any identifiable minor, as that term is defined in
section 2256\(9\), depicted in any visual depiction involved in
a violation of this section may have access to such depiction
in the same manner specified for a victim, with respect to
child pornography depicting the victim, in section
3509\(m\)\(3\).”.
\(4\) Presumption of detention for violations of section
1466a pending trial.—Section 3142 of title 18, United States
Code, is amended—
\(A\) in subsection \(c\)\(1\)\(B\), in the undesignated matter
following clause \(xiv\), by striking “that involves” and all
that follows through “2425 of this title” and inserting
“that involves an offense described in subsection
\(e\)\(3\)\(E\)”; and
\(B\) in subsection \(e\)\(3\), by striking subparagraph \(E\) and
inserting the following:
“\(E\) an offense—
“\(i\) involving a minor victim under section 1201, 1591,
2241\(a\), 2241\(b\), 2242, 2244\(a\)\(1\), 2245, 2421, or 2422\(a\) of
this title; or
“\(ii\) under section 1466A\(a\), 2241\(c\), 2251A, 2252\(a\)\(1\),
2252\(a\)\(2\), 2252\(a\)\(3\), 2252A\(a\)\(1\), 2252A\(a\)\(2\),
2252A\(a\)\(3\), 2252A\(a\)\(4\), 2260, 2422\(b\), 2423, or 2425 of
this title.”.
\(5\) Supervised release for violations of section 1466a
after imprisonment.—Section 3583\(k\) of title 18, United
States Code, is amended, in the first sentence, by inserting
“1466A,” before “1591,”.
SEC. . COUNTERING THREATS AND ATTACKS ON OUR JUDGES ACT.
\(a\) Short Title.—This section may be cited as the
“Countering Threats and Attacks on Our Judges Act”.
\(b\) Definitions.—Section 202 of the State Justice
Institute Act of 1984 \(42 U.S.C. 10701\) is amended—
\(1\) in paragraph \(7\), by striking “and” at the end;
\(2\) in paragraph \(8\)\(B\), by striking the period at the end
and inserting “; and”; and
\(3\) by adding at the end the following:
“\(9\) \`eligible organization' means a national nonprofit
organization that—
“\(A\) provides technical assistance and training on, and
has expertise and national-level experience in, judicial
security and safety at the State and local levels;
“\(B\) has experience in courthouse design and courthouse
security design standards;
“\(C\) has an understanding of State judicial operations and
public access to judicial services; and
“\(D\) has experience working with a wide array of different
judges and court systems, including an understanding of the
challenges facing trial courts, appellate courts, rural
courts, and limited-jurisdiction courts at the State and
local levels.”.
\(c\) Establishment of State Judicial Threat Intelligence and
Resource Center.—Section 206\(c\) of the State Justice
Institute Act of 1984 \(42 U.S.C. 10705\(c\)\) is amended—
\(1\) in paragraph \(14\), by striking “and” at the end;
\(2\) by redesignating paragraph \(15\) as paragraph \(16\); and
\(3\) by inserting after paragraph \(14\) the following:
“\(15\) to provide financial and technical support to
eligible organizations to establish, implement, and operate a
State judicial threat and intelligence resource center to—
“\(A\) provide technical assistance and training around
judicial security, including—
“\(i\) providing judicial officer safety education and
training for judicial officers, courts, and local law
enforcement;
“\(ii\) creating resources and guides around judicial
security; and
“\(iii\) providing physical security assessments for courts,
homes, and other facilities where judicial officers and staff
conduct court-related business;
“\(B\) proactively monitor threats to the safety of State
and local judges and court staff;
“\(C\) coordinate with Federal, State, and local law
enforcement agencies to mitigate threats to the safety of
State and local judges and court staff;
“\(D\) develop standardized incident reporting and threat
evaluation practices for State and local courts in
coordination with State and local law enforcement and fusion
centers;
“\(E\) develop a national database for reporting, tracking,
and sharing information about threats and incidents towards
judicial officers and court staff at local and State levels
with entities working in the interest of judicial security,
including State and local law enforcement and fusion centers;
and
“\(F\) coordinate research to identify, examine, and advance
best practices around judicial security.”.
\(d\) Reports.—Not later than 1 year after the date on which
a State judicial threat intelligence and resource center is
established under paragraph \(15\) of section 206\(c\) of the
State Justice Institute Act of 1984, as added by subsection
\(c\) of this section, the State Justice Institute shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives an
annual report on the number of threats to State and local
judiciary members and court staff, with breakdown of types of
threats and level of seriousness.
SEC. . CONFLICT-FREE LEAVING EMPLOYMENT AND ACTIVITY
RESTRICTIONS \(CLEAR\) PATH ACT.
\(a\) Short Title.—This section may be cited as the
“Conflict-free Leaving Employment and Activity Restrictions
Path Act” or the “CLEAR Path Act”.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) Congress and the executive branch have recognized the
importance of preventing and mitigating the potential for
conflicts of interest following Government service, including
with respect to senior United States officials working on
behalf of foreign governments; and
\(2\) Congress and the executive branch should jointly
evaluate the status and scope of post-employment
restrictions.
\(c\) Post-employment Restrictions on Officials in Positions
Subject to Senate Confirmation.—
\(1\) In general.—Section 207 of title 18, United States
Code, is amended by adding at the end the following:
“\(m\) Extended Post-employment Restrictions for Officials
in Positions Subject to Senate Confirmation.—
“\(1\) Definitions.—In this subsection:
“\(A\) Country of concern.—The term \`country of concern'
has the meaning given the term in section 1\(m\) of the State
Department Basic Authorities Act of 1956 \(22 U.S.C.
2651a\(m\)\), except that it does not include the country
described in paragraph \(1\)\(A\)\(vi\) of that section, as in
effect on the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act.
“\(B\) Foreign governmental entity.—The term \`foreign
governmental entity' has the meaning given the term in
section 1\(m\) of the State Department Basic Authorities Act of
1956 \(22 U.S.C. 2651a\(m\)\).
“\(C\) Represent.—The term \`represent' does not include
representation by an attorney, who is duly licensed and
authorized to provide legal advice in a United States
jurisdiction, of a person or entity in a legal capacity or
for the purposes of rendering legal advice.
“\(D\) Senate-confirmed position.—The term \`Senate-
confirmed position' means a position in a department or
agency of the executive branch of the United States for which
appointment is required to be made by the President, by and
with the advice and consent of the Senate.
“\(2\) Agency heads, deputy heads, and other positions
subject to senate confirmation.—Any person who serves in a
position requiring appointment by the President as head or
deputy head of, or serves in any other Senate-confirmed
position in, a department or agency of the executive branch
of the United States, and who, at any time after the
termination of the person's service in that position,
knowingly represents, aids, or advises a foreign governmental
entity of a country of concern before an officer or employee
of the executive or legislative branch of the United States
with the intent to influence a decision of the officer or
employee in carrying out his or her official duties shall be
punished as provided in section 216.
“\(3\) Notice of restrictions.—Any person subject to the
restrictions under this subsection shall be provided notice
of these restrictions by the relevant department or agency—
“\(A\) upon appointment by the President; and
“\(B\) upon termination of service with the relevant
department or agency.
“\(4\) Effective date.—
“\(A\) In general.—Except as provided in subparagraph \(B\),
the restrictions under this subsection shall apply only to
persons who are appointed by the President to the positions
referenced in this subsection on or after the date of
enactment of the Conflict-free Leaving Employment and
Activity Restrictions Path Act.
“\(B\) Grace period for added countries of concern.—If the
definition of the term \`country of concern' under subsection
\(m\) of section 1 of the State Department Basic Authorities
Act of 1956 \(22 U.S.C. 2651a\) is modified in accordance with
paragraph \(7\) of that subsection by adding a country to the
list of countries described in paragraph \(1\)\(A\) of that
subsection, in the case of any person who is appointed by the
President to a position referenced in this subsection on or
after the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act and who
knowingly represents, aids, or advises a foreign governmental
entity of a country added to the list of countries described
in paragraph \(1\)\(A\) of such subsection \(m\), the restrictions
under this subsection shall apply to such person on and after
the date that is 30 days after the date of enactment of a
relevant joint resolution of approval as described in
paragraph \(7\)\(C\) of such subsection \(m\) adding that country
to the list of countries described in paragraph \(1\)\(A\) of
such subsection \(m\).
“\(5\) Sunset.—
“\(A\) In general.—On and after the date that is 5 years
after the date of enactment of the Conflict-free Leaving
Employment and Activity Restrictions Path Act, the
restrictions under paragraph \(2\) shall not apply to any
person appointed by the President, on or after such date of
enactment, to a position referenced in this subsection,
without regard to the date on which the service of such
person in such position terminates.
“\(B\) No effect on conduct before sunset.—Nothing in
subparagraph \(A\) shall be construed to limit the
applicability of paragraph \(2\) with respect to any conduct by
a person appointed by the President to a position referenced
in this subsection that occurred before the date that is 5
years after the date of enactment of the Conflict-free
Leaving Employment and Activity Restrictions Path Act.”.
\(2\) Conforming amendment.—Section 1\(m\) of the State
Department Basic Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\)
is amended—
\(A\) by redesignating paragraphs \(6\) and \(7\) as paragraphs
\(8\) and \(9\), respectively; and
\(B\) by inserting after paragraph \(5\) the following:
“\(6\) Relation to government-wide restrictions.—This
subsection shall not apply to a person by reason of the
person's service in a position referenced in this subsection
if the person is subject to the restrictions under section
207\(m\) of title 18, United States Code, by reason of the same
service.”.
\(d\) Mechanism to Amend Definition of “Country of
Concern”.—Section 1\(m\) of the State Department Basic
Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\) is amended by
inserting after paragraph \(6\), as added by subsection \(c\)\(2\),
the following:
“\(7\) Modification to definition of \`country of concern'.—
“\(A\) In general.—The Secretary of State may, in
consultation with the Attorney General, propose the addition
or deletion of countries described in paragraph \(1\)\(A\).
“\(B\) Submission.—Any proposal described in subparagraph
\(A\) shall—
“\(i\) be submitted to the Chairman and Ranking Member of
the Committee on Foreign Relations of the Senate and the
Chairman and Ranking Member of the Committee on the Judiciary
of the House of Representatives; and
“\(ii\) become effective upon enactment of a joint
resolution of approval as described in subparagraph \(C\).
“\(C\) Joint resolution of approval.—
“\(i\) In general.—For purposes of subparagraph \(B\)\(ii\),
the term \`joint resolution of approval' means only a joint
resolution—
“\(I\) that does not have a preamble;
“\(II\) that includes in the matter after the resolving
clause the following: \`That Congress approves the
modification of the definition of “country of concern”
under section 1\(m\) of the State Department Basic Authorities
Act of 1956, as submitted by the Secretary of State on ;
and section 1\(m\)\(1\)\(A\) of the State Department Basic
Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\(1\)\(A\)\) is amended
by .', the blank spaces being appropriately filled in
with the appropriate date and the amendatory language
required to modify the list of countries in paragraph \(1\)\(A\)
of this subsection by adding or deleting 1 or more countries;
and
“\(III\) the title of which is as follows: \`Joint resolution
approving modifications to definition of “country of
concern” under section 1\(m\) of the State Department Basic
Authorities Act of 1956.'.
“\(ii\) Referral.—
“\(I\) Senate.—A resolution described in clause \(i\) that is
introduced in the Senate shall be referred to the Committee
on Foreign Relations of the Senate.
“\(II\) House of representatives.—A resolution described in
clause \(i\) that is introduced in the House of Representatives
shall be referred to the Committee on the Judiciary of the
House of Representatives.”.
SEC. . LOCAL ACCESS TO COURTS ACT.
\(a\) Short Title.—This section may be cited as the “Local
Access to Courts Act” or “LACA”.
\(b\) Organization of Texas District Courts.—Section
124\(b\)\(2\) of title 28, United States Code, is amended, in the
matter preceding paragraph \(3\), by inserting “and College
Station” before the period at the end.
\(c\) Organization of California District Courts.—Section
84\(d\) of title 28, United States Code, is amended by
inserting “and El Centro” after “at San Diego”.
SEC. . TREY'S LAW.
\(a\) Short Title.—This section may be cited as the
“Terminating Restrictive Enforcement of Youth Settlements
Law” or “TREY'S Law”.
\(b\) Findings and Purposes.—
\(1\) Findings.—
\(A\) Instrumentalities of interstate commerce.—Congress
finds the following:
\(i\) Sexual abuse of minors, including abuse facilitated
through instrumentalities of interstate commerce, is a matter
of national concern.
\(ii\) Agreements containing nondisclosure and
confidentiality provisions, frequently concluded through the
instrumentalities of interstate commerce, have been used to
silence survivors of sexual abuse and conceal ongoing or
repeated abuse.
\(iii\) The enforcement of such provisions interferes with
reporting to law enforcement agencies, child protection
authorities, Federal regulators, Members of Congress, and the
courts, and frustrates the enforcement of Federal criminal
and civil law.
\(B\) Necessary and proper clause and enforcement of federal
criminal law.—Congress further finds the following:
\(i\) Sexual abuse and trafficking of minors are prohibited
under Federal criminal law, including chapter 110 of title
18, United States Code, and section 1591 of title 18, United
States Code.
\(ii\) Nondisclosure and confidentiality agreements that
prohibit or restrict disclosure of sexual abuse of a minor
interfere with reporting to law enforcement, child protection
authorities, courts, Federal regulators, and Members of
Congress.
\(iii\) Such agreements frustrate the investigation and
prosecution of Federal crimes, chill cooperation with law
enforcement, and function as private mechanisms to obstruct
justice.
\(iv\) Congress has authority under clause 18 of section 8 of
article I of the Constitution of the United States \(commonly
known as the “Necessary and Proper Clause”\) to ensure that
private agreements are not used to impede the enforcement of
Federal criminal and civil law protecting minors from sexual
exploitation and abuse.
\(C\) State action and section 5 of the 14th amendment.—
Congress further finds the following:
\(i\) Survivors of child sexual abuse possess fundamental
constitutional interests, secured by provisions of the Bill
of Rights as incorporated against the States through the 14th
Amendment to the Constitution of the United States, in
reporting crimes, seeking redress through the courts,
cooperating with law enforcement, and petitioning the
government for protection and enforcement.
\(ii\) When State courts or other governmental authorities
enforce nondisclosure or confidentiality provisions that
prohibit or restrict disclosure of sexual abuse of a minor,
such enforcement constitutes State action for purposes of the
14th Amendment to the Constitution of the United States.
\(iii\) Judicial enforcement of such provisions may deprive
survivors of due process of law, equal protection of the
laws, and meaningful access to courts, including rights
derived from the First Amendment to the Constitution of the
United States and incorporated against the States, in
violation of the 14th Amendment.
\(iv\) Agreements that obstruct justice, suppress the
reporting of crimes, or conceal criminal conduct have long
been regarded at common law, including at the time of the
founding of the United States, as void and unenforceable as
against public policy, and fall outside the traditional scope
of protected contractual liberty.
\(v\) At the time of the founding of the United States,
private agreements purporting to suppress prosecution,
conceal felonies, or restrain the reporting of crimes were
not recognized as valid or enforceable contracts, and no
party possessed a vested right in their judicial enforcement.
\(vi\) Congress has authority under section 5 of the 14th
Amendment to the Constitution of the United States to enact
appropriate remedial and preventive legislation to prevent
and remedy constitutional violations arising from State
judicial enforcement of private agreements that suppress
disclosure of criminal conduct involving minors.
\(2\) Purpose.—The purpose of this section is—
\(A\) to enforce the guarantees of the 14th Amendment to the
Constitution of the United States, including the right to
petition the government for redress of grievances and the
right of access to courts, by preventing State courts and
other governmental authorities from enforcing nondisclosure
or confidentiality provisions that suppress disclosure of
sexual abuse of minors;
\(B\) to ensure, pursuant to the authority of Congress under
article I of the Constitution of the United States, including
the Necessary and Proper Clause, that private agreements are
not used to obstruct the investigation or prosecution of
Federal crimes involving the sexual abuse or trafficking of
minors;
\(C\) to preserve access to courts and the right to petition
the government for redress of grievances; and
\(D\) to ensure that survivors of sexual abuse of minors, and
persons with knowledge of such abuse, may disclose such abuse
freely and without fear of civil liability.
\(c\) Definitions.—In this section:
\(1\) Minor person.—The term “minor person” means an
individual who has not attained 18 years of age.
\(2\) Nondisclosure clause.—The term “nondisclosure
clause” means a provision in a contract or agreement that
prohibits 1 or more parties to the contract or agreement from
disclosing conduct or information covered by the terms and
conditions of the contract or agreement.
\(3\) Sexual abuse against a minor person.—The term “sexual
abuse against a minor person” means—
\(A\) conduct that constitutes or allegedly constitutes—
\(i\) an offense under chapter 110 of title 18, United States
Code; or
\(ii\) sex trafficking of a minor person under section 1591
of title 18, United States Code; or
\(B\) any sexual act or sexual contact involving a minor
person that constitutes a criminal offense under Federal law
or the law of the State in which the act or contact occurs.
\(d\) Nondisclosure Agreements Void and Unenforceable.—
\(1\) In general.—A nondisclosure clause shall be void and
unenforceable as against public policy only to the extent
that the nondisclosure clause prohibits—
\(A\) a victim or alleged victim of sexual abuse against a
minor person from disclosing—
\(i\) that act of sexual abuse against a minor person; or
\(ii\) facts related to that act of sexual abuse against a
minor person; or
\(B\) any other person from disclosing facts related to
sexual abuse against a minor person described in subparagraph
\(A\) in support of, in furtherance of, or consistent with the
right of a victim or alleged victim to disclose under that
subparagraph.
\(2\) Permissible confidentiality.—Nothing in this section
shall be construed to prohibit
a person, including a victim or alleged victim of sexual
abuse against a minor person, from entering into a contract
or agreement that restricts the disclosure of information,
including the amount or payment terms of a settlement, by
another party to the contract or agreement, including an
alleged perpetrator, so long as such restriction does not
prevent disclosure protected under paragraph \(1\).
\(e\) Retroactive Application.—
\(1\) In general.—This section shall apply to any
nondisclosure clause in a contract or agreement entered into
before, on, or after the date of enactment of this Act.
\(2\) No enforcement actions.—No person may enforce or
attempt to enforce a nondisclosure clause described in
subsection \(d\)\(1\), regardless of the date on which the
contract or agreement containing the nondisclosure clause was
entered into.
\(3\) Preemption.—
\(A\) In general.—This section supersedes any State law to
the extent that such law permits enforcement of a provision,
the enforcement of which is prohibited under this section.
\(B\) Rule of construction.—Nothing in this section shall be
construed to prohibit a State or locality from enacting
legislation that—
\(i\) is consistent with this section; or
\(ii\) provides greater protection to a victim of sexual
abuse against a minor person than is provided under this
section.
SEC. . DETERRING EXTERNAL THREATS AND ENSURING ROBUST
RESPONSES TO EGREGIOUS AND NEFARIOUS CRIMINAL
ENDEAVORS \(DETERRENCE\) ACT.
\(a\) Short Title.—This section may be cited as the
“Deterring External Threats and Ensuring Robust Responses to
Egregious and Nefarious Criminal Endeavors Act” or the
“DETERRENCE Act”.
\(b\) Kidnapping.—Section 1201 of title 18, United States
Code, is amended—
\(1\) by redesignating subsection \(h\) as subsection \(i\);
\(2\) by inserting after subsection \(g\) the following:
“\(h\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—
“\(1\) In general.—The sentence of a person convicted of an
offense under subsection \(a\) may be increased by up to 10
years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
“\(2\) Conspiracy.—The sentence of a person convicted of
conspiring to commit a violation of subsection \(a\) as part of
a conspiracy under the elements specified in subsection \(c\)
may be increased by up to 10 years if—
“\(A\) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
“\(B\) the person convicted of conspiring to commit a
violation of subsection \(a\) knew that 1 or more of the
persons involved in such conspiracy were knowingly acting in
coordination with a foreign government or an agent of a
foreign government.
“\(3\) Attempt.—The sentence of a person convicted of an
attempt to violate subsection \(a\) may be increased by up to 5
years if such attempt was knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government.”; and
\(3\) in subsection \(i\), as so designated, by inserting
“Definition.—” before “As used in this section”.
\(c\) Use of Interstate Commerce Facilities in the Commission
of Murder-for-hire.—
\(1\) In general.—Section 1958 of title 18, United States
Code, is amended—
\(A\) by redesignating subsection \(b\) as subsection \(c\);
\(B\) by inserting after subsection \(a\) the following:
“\(b\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—The sentence of a
person convicted of an offense under subsection \(a\)—
“\(1\) may be increased by up to 5 years, if such offense
was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government; and
“\(2\) may be increased by up to 10 years—
“\(A\) if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government; and
“\(B\) personal injury results.”; and
\(C\) in subsection \(c\), as so redesignated, by inserting
“Definitions.—” before “As used in this section”.
\(2\) Technical and conforming amendments.—
\(A\) Section 2332b\(g\)\(2\) of title 18, United States Code, is
amended by striking “section 1958\(b\)\(2\)” and inserting
“section 1958”.
\(B\) Section 1010A\(d\) of the Controlled Substances Import
and Export Act \(21 U.S.C. 960a\(d\)\) is amended by striking
“section 1958\(b\)\(1\)” and inserting “section 1958”.
\(d\) Influencing, Impeding, or Retaliating Against a Federal
Official by Threatening or Injuring a Family Member.—Section
115\(b\) of title 18, United States Code, is amended by adding
at the end the following:
“\(5\) The sentence of a person convicted of an offense
under subsection \(a\), if such offense was committed knowingly
at the direction of or in coordination with a foreign
government or an agent of a foreign government—
“\(A\) may be increased by up to 5 years if the offense
committed was an assault involving physical contact with the
victim of that assault or the intent to commit another
felony;
“\(B\) may be increased by up to 10 years if—
“\(i\) the offense committed was an assault resulting in
bodily injury \(including serious bodily injury \(as that term
is defined in section 1365 of this title\)\);
“\(ii\) the offense involved any conduct that, if the
conduct occurred in the special maritime and territorial
jurisdiction of the United States, would violate section 2241
or 2242 of this title; or
“\(iii\) a dangerous weapon was used during and in relation
to the offense; and
“\(C\) may be increased by up to 10 years if the offense
committed was a murder, attempted murder, or conspiracy to
murder.”.
\(e\) Stalking.—Section 2261A of title 18, United States
Code, is amended—
\(1\) by striking “Whoever—” and inserting “\(a\) In
General.—Except as provided in subsection \(b\), whoever—”;
and
\(2\) by adding at the end the following:
“\(b\) Enhanced Penalties for Offenses Involving Foreign
Governments.—The sentence of a person convicted of an
offense under paragraph \(1\) or \(2\) of subsection \(a\), if such
offense was committed knowingly at the direction of or in
coordination with a foreign government or an agent of a
foreign government—
“\(1\) may be increased by up to 5 years if—
“\(A\) serious bodily injury \(including permanent
disfigurement or life threatening bodily injury\) to the
victim results;
“\(B\) the offender uses a dangerous weapon during the
offense; or
“\(C\) the victim of the offense is under the age of 18
years;
“\(2\) may be increased by up to 10 years if death of the
victim results; and
“\(3\) may be increased by up to 30 months in any other
case.”.
\(f\) Protection of Officers and Employees of the United
States.—Section 1114 of title 18, United States Code, is
amended—
\(1\) by redesignating subsection \(b\) as subsection \(c\); and
\(2\) by inserting after subsection \(a\) the following:
“\(b\) Sentence Enhancements for Offenses Directed by or
Coordinated With Foreign Governments.—The sentence of a
person convicted of an offense under subsection \(a\) may be
increased by up to 10 years if such offense was committed
knowingly at the direction of or in coordination with a
foreign government or an agent of a foreign government.”.
\(g\) Presidential and Presidential Staff Assassination,
Kidnapping, and Assault.—Section 1751 of title 18, United
States Code, is amended—
\(1\) by redesignating subsections \(f\) through \(k\) as
subsections \(g\) through \(i\), respectively; and
\(2\) by inserting after subsection \(e\) the following:
“\(f\)\(1\) The sentence of a person convicted of an offense
under subsection \(a\), \(b\), or \(c\) may be increased by up to
10 years if such offense was committed knowingly at the
direction of or in coordination with a foreign government or
an agent of a foreign government.
“\(2\) The sentence of a person convicted of conspiring to
kill or kidnap any individual designated in subsection \(a\) as
part of a conspiracy under the elements specified in
subsection \(d\) may be increased by up to 10 years if—
“\(A\) 1 or more of the persons involved in such conspiracy
were knowingly acting in coordination with a foreign
government or an agent of a foreign government; and
“\(B\) the person convicted of conspiring to kill or kidnap
an individual designated in subsection \(a\) knew that 1 or
more of the persons involved in such conspiracy were
knowingly acting in coordination with a foreign government or
an agent of a foreign government.
“\(3\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\) the victim was any person designated in subsection
\(a\)\(1\); and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
“\(4\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\) the victim was any person designated in subsection
\(a\)\(2\); and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.
“\(5\) The sentence of a person convicted of an offense
under subsection \(e\) may be increased by up to 10 years if—
“\(A\)\(i\) the offense involved the use of a dangerous
weapon; or
“\(ii\) personal injury resulted; and
“\(B\) such offense was committed knowingly at the direction
of or in coordination with a foreign government or an agent
of a foreign government.”.
SEC. . TRIBAL WARRANT FAIRNESS ACT.
\(a\) Short Title.—This section may be cited as the “Tribal
Warrant Fairness Act”.
\(b\) Definition.—In this section, the term “Indian Tribe”
means any Indian or Alaska Native tribe, band, nation,
pueblo, village, community, component band, or component
reservation individually identified \(including
parenthetically\) on the most recent list published by the
Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 \(25 U.S.C. 5131\).
\(c\) Amendments.—
\(1\) U.S. marshals service.—Section 566\(e\)\(1\) of title 28,
United States Code, is amended—
\(A\) in subparagraph \(B\), by inserting “including Tribal
fugitive matters \(on the request of an Indian Tribe, as
defined in section 2 of the Tribal Warrant Fairness Act, as
applicable\),” after “matters,”; and
\(B\) in subparagraph \(D\), by inserting “Tribal,” after
“local,”.
\(2\) Presidential threat protection act of 2000.—Section 6
of the Presidential Threat Protection Act of 2000 \(34 U.S.C.
41503\) is amended—
\(A\) in subsection \(a\)—
\(i\) by inserting “and Indian Tribes, as defined in section
2 of the Tribal Warrant Fairness Act” after “components”;
and
\(ii\) by striking “and local” and inserting “local, and
Tribal”; and
\(B\) in subsection \(c\), by striking “Federal or State law”
and inserting “Federal, State, or Tribal law”.
SEC. . TRACKING AND REPORTING ABSENT COMMUNITY-MEMBERS
EVERYWHERE \(TRACE\) ACT.
\(a\) Short Title.—This section may be cited as the
“Tracking and Reporting Absent Community-Members Everywhere
Act” or the “TRACE Act”.
\(b\) Definitions.—In this section:
\(1\) Attorney general.—The term “Attorney General” means
the Attorney General, acting through the Director of the
National Institute of Justice.
\(2\) Federal land.—The term “Federal land” means land
owned by the United States that is under the administrative
jurisdiction of—
\(A\) the Secretary of Agriculture;
\(B\) the Secretary of the Interior \(except land held in
trust for the benefit of an Indian Tribe\); or
\(C\) the Secretary of Defense only with respect to land and
water resources projects administered by the Corps of
Engineers.
\(3\) Territorial waters of the united states.—The term
“territorial waters of the United States” means all waters
of the territorial sea of the United States, 12 nautical
miles wide, adjacent to the coast of the United States and
seaward of the territorial baseline, as described in
Presidential Proclamation 5928 of December 27, 1988.
\(c\) Data Field in the National Missing and Unidentified
Persons System Related to Federal Land and Territorial
Waters.—The Attorney General shall include in the National
Missing and Unidentified Persons System a data field to
indicate whether the last known location of the missing
person was confirmed or was suspected to have been on Federal
land or in the territorial waters of the United States,
including any specific location details about the unit of
Federal land or the area of the territorial waters of the
United States that was the last known location of the missing
person.
\(d\) Report.—Not later than January 15 of the second
calendar year that begins after the date of enactment of this
Act, and annually thereafter, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives a report that contains, for the previous
calendar year, the number of cases in the National Missing
and Unidentified Persons System for which the missing
person's last known location was confirmed or was suspected
to have been on Federal land or in the territorial waters of
the United States.
SEC. . FIGHTING POST-TRAUMATIC STRESS DISORDER ACT.
\(a\) Short Title.—This section may be cited as the
“Fighting Post-Traumatic Stress Disorder Act of 2026”.
\(b\) Findings.—Congress finds the following:
\(1\) Public safety officers serve their communities with
bravery and distinction in order to keep their communities
safe.
\(2\) Public safety officers, including police officers,
firefighters, emergency medical technicians, and 911
dispatchers, are on the front lines of dealing with
situations that are stressful, graphic, harrowing, and life-
threatening.
\(3\) The work of public safety officers puts them at risk
for developing post-traumatic stress disorder and acute
stress disorder.
\(4\) It is estimated that 30 percent of public safety
officers develop behavioral health conditions at some point
in their lifetimes, including depression and post-traumatic
stress disorder, in comparison to 20 percent of the general
population that develops such conditions.
\(5\) Victims of post-traumatic stress disorder and acute
stress disorder are at a higher risk of dying by suicide.
\(6\) Firefighters have been reported to have higher suicide
attempt and ideation rates than the general population.
\(7\) It is estimated that between 125 and 300 police
officers die by suicide every year.
\(8\) In 2019, pursuant to section 2\(b\) of the Law
Enforcement Mental Health and Wellness Act of 2017 \(Public
Law 115-113; 131 Stat. 2276\), the Director of the Office of
Community Oriented Policing Services of the Department of
Justice developed a report \(referred to in this section as
the “LEMHWA report”\) that expressed that many law
enforcement agencies do not have the capacity or local access
to the mental health professionals necessary for treating
their law enforcement officers.
\(9\) The LEMHWA report recommended methods for establishing
remote access or regional mental health check programs at the
State or Federal level.
\(10\) Individual police and fire departments generally do
not have the resources to employ full-time mental health
experts who are able to treat public safety officers with
state-of-the-art techniques for the purpose of treating job-
related post-traumatic stress disorder and acute stress
disorder.
\(c\) Programming for Post-traumatic Stress Disorder.—
\(1\) Definitions.—In this section:
\(A\) Public safety officer.—The term “public safety
officer”—
\(i\) has the meaning given the term in section 1204 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
\(34 U.S.C. 10284\); and
\(ii\) includes Tribal public safety officers.
\(B\) Public safety telecommunicator.—The term “public
safety telecommunicator” means an individual who—
\(i\) operates telephone, radio, or other communication
systems to receive and communicate requests for emergency
assistance at 911 public safety answering points and
emergency operations centers;
\(ii\) takes information from the public and other sources
relating to crimes, threats, disturbances, acts of terrorism,
fires, medical emergencies, and other public safety matters;
and
\(iii\) coordinates and provides information to law
enforcement and emergency response personnel.
\(2\) Report.—Not later than 150 days after the date of
enactment of this Act, the Attorney General, acting through
the Director of the Office of Community Oriented Policing
Services of the Department of Justice, shall submit to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives a report on—
\(A\) not fewer than 1 proposed program, if the Attorney
General determines it appropriate and feasible to do so, to
be administered by the Department of Justice for making
state-of-the-art treatments or preventative care available to
public safety officers and public safety telecommunicators
with regard to job-related post-traumatic stress disorder or
acute stress disorder by providing public safety officers and
public safety telecommunicators access to evidence-based
trauma-informed care, peer support, counselor services, and
family supports for the purpose of treating or preventing
post-traumatic stress disorder or acute stress disorder;
\(B\) a draft of any necessary grant conditions required to
ensure that confidentiality is afforded to public safety
officers on account of seeking the care or services described
in subparagraph \(A\) under the proposed program;
\(C\) how each proposed program described in subparagraph \(A\)
could be most efficiently administered throughout the United
States at the State, Tribal, territorial, and local levels,
taking into account in-person and telehealth capabilities;
\(D\) a draft of legislative language necessary to authorize
each proposed program described in subparagraph \(A\) ; and
\(E\) an estimate of the amount of annual appropriations
necessary for administering each proposed program described
in subparagraph \(A\) .
\(3\) Development.—In developing the report required under
paragraph \(2\), the Attorney General shall consult relevant
stakeholders, including—
\(A\) Federal, State, Tribal, territorial, and local agencies
employing public safety officers and public safety
telecommunicators; and
\(B\) nongovernmental organizations, international
organizations, academies, or other entities, including
organizations that support the interests of public safety
officers, public safety telecommunicators, and family members
of public safety officers and public safety
telecommunicators.
SEC. . COMPREHENSIVE HEALTH AND INTEGRITY IN LICENSING AND
DOCUMENTATION \(CHILD\) ACT.
\(a\) Short Title.—This Act may be cited as the
“Comprehensive Health and Integrity in Licensing and
Documentation Act of 2026” or the “CHILD Act of 2026”.
\(b\) Defining “Covered Individual” for Purposes of
Background Checks Under the National Child Protection Act of
1993.—Section 5\(9\)\(B\) of the National Child Protection Act
of 1993 \(34 U.S.C. 40104\(9\)\(B\)\) is amended—
\(1\) in clause \(i\)—
\(A\) by inserting “, contracts with,” after “is employed
by”;
\(B\) by inserting “, contract with,” after “be employed
by”; and
\(C\) by striking “or” at the end;
\(2\) by redesignating clause \(ii\) as clause \(iii\);
\(3\) by inserting after clause \(i\) the following:
“\(ii\) is employed by or volunteers with, or seeks to be
employed by or volunteer with, an entity that is under
contract with a qualified entity;”;
\(4\) in clause \(iii\), as so redesignated, by adding “or”
at the end; and
\(5\) by adding at the end the following:
“\(iv\) is licensed or certified, or seeks to be licensed or
certified, by a qualified entity;”.
SA 6469. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE —FAIR ACCESS TO CRITICAL COMPUTING TECHNOLOGIES
SEC. 1. DEFINITIONS.
In this title:
\(1\) Control.—The term “control” means, with respect to a
person \(referred to in this paragraph as the “controlled
person”\), that another person—
\(A\) holds, directly or indirectly, 25 percent or more of
the voting interests in the controlled person;
\(B\) has the power to direct or cause the direction of
management and policies of the controlled person; or
\(C\) otherwise meets the definition of control with respect
to the controlled person under section 721 of the Defense
Production Act of 1950 \(50 U.S.C. 4565\) and the regulations
prescribed under that section.
\(2\) Covered instruction set architecture.—The term
“covered instruction set architecture” means an instruction
set architecture for which a covered ISA provider grants
royalty-bearing licenses to 2 or more unaffiliated persons
for commercial or governmental use.
\(3\) Covered isa provider.—The term “covered ISA
provider” means—
\(A\) any person that—
\(i\) designs, controls, or grants intellectual property
licenses for rights to implement an instruction set
architecture; and
\(ii\) is—
\(I\) not a United States person; or
\(II\) owned or controlled, directly or indirectly, by a
foreign person; or
\(B\) any foreign person that owns, controls, or is under
common ownership or control with a person described in
subparagraph \(A\).
\(4\) Foreign person.—The term “foreign person” means
any—
\(A\) foreign national;
\(B\) foreign government;
\(C\) foreign entity; or
\(D\) entity over which control is exercised or exercisable,
directly or indirectly, by any foreign national, foreign
government, or foreign entity.
\(5\) Instruction set architecture.—The term “instruction
set architecture”—
\(A\) means a functional specification defining a
programmable interface of a computer central processing unit;
and
\(B\) includes all specifications, documentation, versions,
updates, revisions, verification resources, compliance
materials, reference implementations, certifications, and
other information, deliverables, or materials necessary or
reasonably necessary to enable full and effective
implementation and commercialization of a functional
specification described in subparagraph \(A\).
\(6\) United states person.—The term “United States
person” means any—
\(A\) United States citizen;
\(B\) lawful permanent resident of the United States; or
\(C\) entity organized under the laws of—
\(i\) the United States; or
\(ii\) any jurisdiction within the United States.
SEC. 2. FINDINGS.
Congress finds the following:
\(1\) Computer instruction set architectures and their
associated intellectual property, specifications,
documentation, and compliance resources are fundamental to
the functioning and interoperability of semiconductors,
computing systems, and software that are the foundation of
critical infrastructure, national defense systems, and other
sensitive applications.
\(2\) Excessive concentration of control over an instruction
set architecture that has become entrenched in systems or
applications described in paragraph \(1\) may create national
and economic security vulnerabilities and undermine the
national defense, including by enabling supply chain
disruption, coercion, discrimination, and strategic denial
against United States persons.
\(3\) United States semiconductor leadership is essential to
the national security and economic security of the United
States and requires that United States semiconductor
companies and other United States persons have access to
entrenched instruction set architectures on terms that are
fair, reasonable, and nondiscriminatory.
\(4\) Critical infrastructure, national defense systems, and
other sensitive applications in the United States have become
substantially dependent on a limited number of instruction
set architectures, and disruption of access to those
instruction set architectures would impair the ability of the
United States to procure, maintain, operate, and modernize
systems essential to the national defense.
SEC. 3. LICENSING OBLIGATIONS OF COVERED ISA PROVIDERS.
\(a\) Obligations.—
\(1\) In general.—A covered ISA provider shall make
available any covered instruction set architecture to any
United States person on licensing terms that are fair,
reasonable, and nondiscriminatory in view of any licenses,
implied licenses, authorizations, or equivalent rights to
implement the covered instruction set architecture that the
covered ISA provider has granted to any other United States
person or foreign person.
\(2\) Contents.—A license for a covered instruction set
architecture made available under paragraph \(1\) shall include
at least those rights sufficient to permit the applicable
licensee to design, make, cause to be made, use, sell, offer
for sale, import, and export \(subject to applicable export
controls\) products or services that implement the covered
instruction set architecture.
\(3\) Prohibition.—A covered ISA provider may not exclude,
foreclose, or disadvantage United States persons in the
provision of license rights to any covered instruction set
architecture.
\(b\) Exception.—Subsection \(a\) shall not apply to an
instruction set architecture that a covered ISA provider
makes available to the public through royalty-free open-
source licenses.
\(c\) Special Rules for Licensing Disputes.—In the event of
a dispute between a covered ISA provider and an existing or
prospective licensee regarding the terms of a license to a
covered instruction set architecture \(referred to in this
subsection as a “disputed license”\), the following rules
shall apply:
\(1\) Upon written notice of the dispute from the existing or
prospective licensee, the covered ISA provider may not bar,
delay, condition, degrade, or otherwise restrict access to
that covered instruction set architecture by the existing or
prospective licensee during the pendency of the dispute.
\(2\) Access to the covered instruction set architecture
provided under paragraph \(1\) shall not prejudice the right of
the covered ISA provider to be compensated for the use of the
covered instruction set architecture by the licensee upon
resolution of the license dispute.
\(3\) A court or other applicable tribunal hearing the
dispute shall ensure that the court or tribunal, as
applicable, and the parties to the dispute have complete and
open access to the terms of all other licenses for a covered
instruction set architecture granted by the covered ISA
provider to any other person so that the court or tribunal
may determine fair, reasonable, and nondiscriminatory terms
for the disputed license.
SEC. 4. PROHIBITION ON ANTI-CHALLENGE AND RETALIATORY
LICENSING PRACTICES.
\(a\) Anti-challenge Provisions Void.—Any provision in a
license or other agreement, whether express or implied,
between a covered ISA provider and a United States person
that prohibits, restricts, penalizes, or otherwise limits the
ability of that United States person to assert, bring, or
maintain a legal challenge in a court of competent
jurisdiction with respect to any intellectual property owned
or controlled by the covered ISA provider, including patents,
copyrights, trademarks, or other intellectual property
rights, shall be void and unenforceable.
\(b\) Prohibition on Retaliation.—A covered ISA provider may
not, directly or indirectly, retaliate against a United
States person for asserting or pursuing a legal challenge
described in subsection \(a\), including by—
\(1\) terminating or threatening to terminate a license or
other relevant agreement;
\(2\) suspending, curtailing, conditioning, or otherwise
limiting rights granted under that license or agreement;
\(3\) withholding, delaying, degrading, or refusing to
perform any obligation required under that license or
agreement; or
\(4\) taking any other action intended to deter, punish, or
disadvantage the United States person for the exercise of
rights under United States law.
\(c\) Non-waiver.—The protections of this section—
\(1\) may not be waived, whether by contract, agreement,
course of dealing, or otherwise; and
\(2\) shall apply notwithstanding any contrary provision in a
license or related agreement.
SEC. 5. ENFORCEMENT AND REMEDIES.
\(a\) Attorney General Enforcement Authority.—The Attorney
General may bring a civil action against a covered ISA
provider in an appropriate district court of the United
States with respect to a violation of this title by the
covered ISA provider.
\(b\) Private Right of Action.—Any United States person
aggrieved by a violation of this title, whether that United
States person is an existing or prospective licensee, may
bring a civil action against the applicable covered ISA
provider in an appropriate district court of the United
States for legal or equitable relief, including specific
performance, to enforce compliance with this title.
\(c\) Interim Relief.—In any action brought under subsection
\(a\) or \(b\)—
\(1\) upon a prima facie showing by a United States person of
a violation of this title by a covered ISA provider, the
United States person shall be entitled to a rebuttable
presumption of irreparable harm for purposes of preliminary
or interim equitable relief; and
\(2\) the court, upon weighing the traditional factors
governing preliminary and interim equitable relief, may issue
an order barring the applicable covered ISA provider from
denying, delaying, or restricting access to the applicable
covered instruction set architecture pending resolution of
the action, on such terms \(including the posting of a bond or
other security and a requirement
that the United States person negotiate in good faith\) as the
court determines appropriate.
\(d\) Other Remedies.—In any action brought under subsection
\(a\) or \(b\), upon a finding by a preponderance of the evidence
that a covered ISA provider has violated this title, the
court—
\(1\) shall issue an injunction ordering the covered ISA
provider to comply with this title;
\(2\) may, upon request of a party to the action, issue a
declaratory judgment establishing licensing terms that comply
with this title; and
\(3\) may, if determined necessary to prevent existing or
future violations of this title, require the appointment of
an independent compliance monitor, at the expense of the
covered ISA provider, to assess, oversee, and report to the
court on the compliance with this title by the covered ISA
provider.
\(e\) Statute of Limitations.—
\(1\) In general.—No civil action under this section may be
commenced more than 5 years after the cause of action
accrues.
\(2\) Calculation.—For purposes of this subsection, a
continuing violation accrues anew on each day on which the
violation continues.
SEC. 6. RULES OF CONSTRUCTION.
Nothing in this title may be construed to—
\(1\) affect the ability of any person, other than a covered
ISA provider, to design, make, cause to be made, sell, offer
for sale, export, or import any product or component that
utilizes a covered instruction set architecture;
\(2\) impose any obligation, limitation, or requirement with
respect to the licensing of intellectual property by any
person other than a covered ISA provider or with respect to
any intellectual property other than a covered instruction
set architecture; or
\(3\) deprive any covered ISA provider of fair compensation
for the use of the intellectual property of the covered ISA
provider under licensing terms determined to be fair,
reasonable, and nondiscriminatory pursuant to this title.
SEC. 7. APPLICATION.
This title shall apply—
\(1\) only to licensing transactions, conduct, and effects in
or affecting the commerce of the United States; and
\(2\) to any license to a covered instruction set
architecture entered into, renewed, or amended on or after
the date of enactment of this Act and to any conduct
occurring on or after that date of enactment with respect to
a license entered into before that date.
SEC. 8. TRANSITION.
A covered ISA provider shall have a period of 90 days after
the date of enactment of this Act to bring existing licensing
arrangements into compliance with this title.
SEC. 9. SEVERABILITY.
If any provision of this title, or the application of such
provision to any person or circumstance, is held to be
unconstitutional or otherwise invalid, the remainder of this
title, and the application of such provision to other persons
or circumstances, shall not be affected.
SA 6470. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . RETIREMENT FAIRNESS FOR CHARITIES AND EDUCATIONAL
INSTITUTIONS.
\(a\) Amendments to the Investment Company Act of 1940.—
Section 3\(c\)\(11\) of the Investment Company Act of 1940 \(15
U.S.C. 80a-3\(c\)\(11\)\) is amended to read as follows:
“\(11\) Any—
“\(A\) employee's stock bonus, pension, or profit-sharing
trust which meets the requirements for qualification under
section 401 of the Internal Revenue Code of 1986;
“\(B\) custodial account meeting the requirements of section
403\(b\)\(7\) of such Code;
“\(C\) governmental plan described in section 3\(a\)\(2\)\(C\) of
the Securities Act of 1933 \(15 U.S.C. 77c\(a\)\(2\)\(C\)\);
“\(D\) collective trust fund maintained by a bank consisting
solely of assets of one or more—
“\(i\) trusts described in subparagraph \(A\);
“\(ii\) governmental plans described in subparagraph \(C\);
“\(iii\) church plans, companies, or accounts that are
excluded from the definition of an investment company under
paragraph \(14\) of this subsection; or
“\(iv\) plans which meet the requirements of section 403\(b\)
of the Internal Revenue Code of 1986—
“\(I\) if—
“\(aa\) such plan is subject to title I of the Employee
Retirement Income Security Act of 1974 \(29 U.S.C. 1001 et
seq.\);
“\(bb\) any employer making such plan available agrees to
serve as a fiduciary for the plan with respect to the
selection of the plan's investments among which participants
can choose; or
“\(cc\) such plan is a governmental plan \(as defined in
section 414\(d\) of such Code\); and
“\(II\) if the employer, a fiduciary of the plan, or another
person acting on behalf of the employer reviews and approves
each investment alternative offered under such plan described
under subclause \(I\)\(cc\) prior to the investment being offered
to participants in the plan; or
“\(E\) separate account the assets of which are derived
solely from—
“\(i\) contributions under pension or profit-sharing plans
which meet the requirements of section 401 of the Internal
Revenue Code of 1986 or the requirements for deduction of the
employer's contribution under section 404\(a\)\(2\) of such Code;
“\(ii\) contributions under governmental plans in connection
with which interests, participations, or securities are
exempted from the registration provisions of section 5 of the
Securities Act of 1933 \(15 U.S.C. 77e\) by section 3\(a\)\(2\)\(C\)
of such Act \(15 U.S.C. 77c\(a\)\(2\)\(C\)\);
“\(iii\) advances made by an insurance company in connection
with the operation of such separate account; and
“\(iv\) contributions to a plan described in clause \(iii\) or
\(iv\) of subparagraph \(D\).”.
\(b\) Amendments to the Securities Act of 1933.—Section
3\(a\)\(2\) of the Securities Act of 1933 \(15 U.S.C. 77c\(a\)\(2\)\)
is amended—
\(1\) by striking “beneficiaries, or \(D\)” and inserting
“beneficiaries, \(D\) a plan which meets the requirements of
section 403\(b\) of such Code \(i\) if \(I\) such plan is subject
to title I of the Employee Retirement Income Security Act of
1974 \(29 U.S.C. 1001 et seq.\), \(II\) any employer making such
plan available agrees to serve as a fiduciary for the plan
with respect to the selection of the plan's investments among
which participants can choose, or \(III\) such plan is a
governmental plan \(as defined in section 414\(d\) of such
Code\), and \(ii\) if the employer, a fiduciary of the plan, or
another person acting on behalf of the employer reviews and
approves each investment alternative offered under any plan
described under clause \(i\)\(III\) prior to the investment being
offered to participants in the plan, or \(E\)”;
\(2\) by striking “\(C\), or \(D\)” and inserting “\(C\), \(D\),
or \(E\)”; and
\(3\) by striking “\(iii\) which is a plan funded” and all
that follows through “retirement income account\).” and
inserting “\(iii\) in the case of a plan not described in
subparagraph \(D\) or \(E\), which is a plan funded by an annuity
contract described in section 403\(b\) of such Code”.
\(c\) Amendments to the Securities Exchange Act of 1934.—
Section 3\(a\)\(12\)\(C\) of the Securities Exchange Act of 1934
\(15 U.S.C. 78c\(a\)\(12\)\(C\)\) is amended—
\(1\) by striking “or \(iv\)” and inserting “\(iv\) a plan
which meets the requirements of section 403\(b\) of such Code
\(I\) if \(aa\) such plan is subject to title I of the Employee
Retirement Income Security Act of 1974 \(29 U.S.C. 1001 et
seq.\), \(bb\) any employer making such plan available agrees to
serve as a fiduciary for the plan with respect to the
selection of the plan's investments among which participants
can choose, or \(cc\) such plan is a governmental plan \(as
defined in section 414\(d\) of such Code\), and \(II\) if the
employer, a fiduciary of the plan, or another person acting
on behalf of the employer reviews and approves each
investment alternative offered under any plan described under
subclause \(I\)\(cc\) prior to the investment being offered to
participants in the plan, or \(v\)”;
\(2\) by striking “\(ii\), or \(iii\)” and inserting “\(ii\),
\(iii\), or \(iv\)”; and
\(3\) by striking “\(II\) is a plan funded” and inserting
“\(II\) in the case of a plan not described in clause \(iv\), is
a plan funded”.
\(d\) Conforming Amendment to the Securities Exchange Act of
1934.—Section 12\(g\)\(2\)\(H\) of the Securities Exchange Act of
1934 \(15 U.S.C. 78l\(g\)\(2\)\(H\)\) is amended by striking “or
\(iii\)” and inserting “\(iii\) a plan described in section
3\(a\)\(12\)\(C\)\(iv\) of this Act, or \(iv\)”.
SA 6471. Mrs. BRITT submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . GUARDING UNPROTECTED AGING RETIREES FROM
DECEPTION.
\(a\) Short Title.—This section may be cited as the
“Guarding Unprotected Aging Retirees from Deception Act” or
the “GUARD Act”.
\(b\) Definitions.—In this section:
\(1\) Elder financial fraud.—The term “elder financial
fraud” means the illegal or improper use of the money,
property, or other resources of an elderly individual or
adult with a disability for monetary or personal benefit,
profit, or gain.
\(2\) Eligible federal grant funds.—The term “eligible
Federal grant funds” means funds received under any of the
following:
\(A\) Title IV of the Prioritizing Resources and Organization
for Intellectual Property Act of 2008 \(34 U.S.C. 30103 et
seq.\) \(commonly known as the “Economic, High-Technology,
White Collar, and Internet Crime Prevention National Training
and Technical Assistance Program”\), including relating to
the use of technology to solve crimes and to facilitate
prosecutions \(commonly known as
the “Internet of Things \(IoT\) National Training and
Technical Assistance Program”\).
\(B\) Title 28, Code of Federal Regulations, part 23
\(commonly known as “Justice Information Sharing Training and
Technical Assistance Program”\).
\(C\) Section 1401 of the Violence Against Women Act
Reauthorization Act of 2022 \(34 U.S.C. 30107\) to a local law
enforcement agency for enforcement of cybercrimes against
individuals.
\(D\) Section 1701 title I of the Omnibus Crime Control and
Safe Streets Act of 1968 \(34 U.S.C. 10381\), relating to
developing and acquiring effective equipment, technologies,
and interoperable communications that assist in responding to
and preventing crime \(commonly known as the “COPS Technology
and Equipment Program”\).
\(3\) General financial fraud.—The term “general financial
fraud” means, in order to obtain money or other things of
value—
\(A\) intentional misrepresentation of information or
identity to deceive an individual;
\(B\) unlawful use of a credit card, debit card, or automated
teller machine; or
\(C\) use of electronic means to transmit deceptive
information.
\(4\) Pig butchering.—The term “pig butchering” means a
confidence and investment fraud in which the victim is
gradually lured into making increasing monetary
contributions, generally in the form of cryptocurrency, to a
seemingly sound investment before the scammer disappears with
the contributed monies.
\(5\) Scam.—The term “scam” means a financial crime
undertaken through the use of social engineering that uses
deceptive inducement to acquire—
\(A\) authorized access to funds; or
\(B\) personal or sensitive information that can facilitate
the theft of financial assets.
\(6\) State.—The term “State” means each of the several
States, the District of Columbia, and each territory of the
United States.
\(c\) Federal Grants Used for Investigating Elder Financial
Fraud, Pig Butchering, and General Financial Fraud.—
\(1\) In general.—State, local, and Tribal law enforcement
agencies and grantees that receive eligible Federal grant
funds may use such funds for investigating elder financial
fraud, pig butchering, and general financial fraud, including
by—
\(A\) hiring and retaining analysts, agents, experts, and
other personnel;
\(B\) providing training specific to complex financial
investigations, including training on—
\(i\) coordination and collaboration between State, local,
Tribal, and Federal law enforcement agencies;
\(ii\) assisting victims of financial fraud and exploitation;
\(iii\) the use of blockchain intelligence tools and related
capabilities relating to emerging technologies identified in
the February 2024 “Critical and Emerging Technology List
Update” of the Fast Track Action Subcommittee on Critical
and Emerging Technologies of the National Science and
Technology Council \(the “Critical and Emerging Technology
List”\); and
\(iv\) unique aspects of fraud investigations, including
transnational financial investigations and emerging
technologies identified in the Critical and Emerging
Technology List;
\(C\) obtaining software and technical tools to conduct
financial fraud and exploitation investigations;
\(D\) encouraging improved data collection and reporting;
\(E\) supporting training and tabletop exercises to enhance
coordination and communication between financial institutions
and State, local, Tribal, and Federal law enforcement
agencies for the purpose of stopping fraud and scams; and
\(F\) designating a financial sector liaison to serve as a
point of contact for financial institutions to share and
exchange with State, local, Tribal, and Federal law
enforcement agencies information relevant to the
investigation of fraud and scams.
\(2\) Report to grant provider.—Each law enforcement agency
and grantee that makes use of eligible Federal grant funds
for a purpose specified under paragraph \(1\) shall, not later
than 1 year after making such use of the funds, submit to the
Federal agency that provided the eligible Federal grant
funds, a report containing—
\(A\) an explanation of the amount of funds so used, and the
specific purpose for which the funds were used;
\(B\) statistics with respect to elder financial fraud, pig
butchering, and general financial fraud in the jurisdiction
of the law enforcement agency, along with an analysis of how
the use of the funds for a purpose specified under paragraph
\(1\) affected such statistics; and
\(C\) an assessment of the ability of the law enforcement
agency to deter elder financial fraud, pig butchering, and
general financial fraud.
\(d\) Report on General Financial Fraud, Pig Butchering, and
Elder Financial Fraud.—Not later than 1 year after the date
of enactment of this Act, the Secretary of the Treasury and
the Director of the Financial Crimes Enforcement Network in
consultation with the Attorney General, the Secretary of
Homeland Security, and the appropriate Federal banking
agencies and Federal functional regulators shall, jointly,
submit to Congress a report on efforts and recommendations
related to general financial fraud, pig butchering, elder
financial fraud, and scams.
\(e\) Report on the State of Scams in the United States.—
\(1\) In general.—Not later than 2 years after the date of
enactment of this Act, the Secretary of the Treasury and the
Director of the Financial Crimes Enforcement Network, in
consultation with the Attorney General, the Secretary of
Homeland Security, and the appropriate Federal banking
agencies and Federal functional regulators, shall submit a
report to Congress on the state of scams in the United States
that—
\(A\) estimates—
\(i\) the number of financial fraud, pig butchering, elder
financial fraud, and scams committed against American
consumers each year, including—
\(I\) attempted scams, including through social media, online
dating services, email, impersonation of financial
institutions and nonbank financial institutions; and
\(II\) successful scams, including through social media,
online dating services, email, impersonation of financial
institutions and nonbank financial institutions;
\(ii\) the number of consumers each year that lose money to 1
or more scams;
\(iii\) the dollar amount of consumer losses to scams each
year;
\(iv\) the percentage of scams each year that can be
attributed to—
\(I\) overseas actors; and
\(II\) organized crime;
\(v\) the number of attempted scams each year that involve
the impersonation of phone numbers associated with financial
institutions and nonbank financial institutions; and
\(vi\) an estimate of the number of synthetic identities
impersonating American consumers each year;
\(B\) provides an overview of the Federal civil and criminal
enforcement actions brought against the recipients of the
proceeds of financial fraud, pig butchering, elder financial
fraud, and scams during the period covered by the report that
includes—
\(i\) the number of such enforcement actions;
\(ii\) an evaluation of the effectiveness of such enforcement
actions;
\(iii\) an identification of the types of claims brought
against the recipients of the proceeds of financial fraud,
pig butchering, elder financial fraud, and scams;
\(iv\) an identification of the types of penalties imposed
through such enforcement actions;
\(v\) an identification of the types of relief obtained
through such enforcement actions; and
\(vi\) the number of such enforcement actions that are
connected to a Suspicious Activity Report; and
\(C\) identifies amounts made available and amounts expended
to address financial fraud, pig butchering, elder financial
fraud, and scams during the period covered by the report by—
\(i\) the Bureau of Consumer Financial Protection;
\(ii\) the Department of Justice;
\(iii\) the Federal Bureau of Investigation;
\(iv\) the Federal Communications Commission;
\(v\) the Board of Governors of the Federal Reserve Board;
\(vi\) the Federal Trade Commission;
\(vii\) the Financial Crimes Enforcement Network;
\(viii\) the Securities and Exchange Commission; and
\(ix\) the Social Security Administration.
\(2\) Solicitation of public comment.—In carrying out the
report required under paragraph \(1\), the Secretary of the
Treasury shall solicit comments from consumers, social media
companies, email providers, telecommunications companies,
financial institutions, and nonbank financial institutions.
\(f\) Report to Congress.—Each Federal agency that provides
eligible Federal grant funds that are used for a purpose
specified under subsection \(c\)\(1\) shall issue an annual
report to the Committee on Banking, Housing, and Urban
Affairs of the Senate, the Committee on Financial Services of
the House of Representatives, the Committee on the Judiciary
of the Senate, and the Committee on the Judiciary of the
House of Representatives containing the information received
from law enforcement agencies under subsection \(c\)\(2\).
\(g\) Federal Law Enforcement Agencies Assisting State,
Local, and Tribal Law Enforcement and Fusion Centers.—
Federal law enforcement agencies may assist State, local, and
Tribal law enforcement agencies and fusion centers in the use
of tracing tools for blockchain and related technology tools.
SA 6472. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 342\(b\), add at the end the following:
\(6\) include an assessment, prepared in collaboration with
the Federal Aviation Administration, of any security risks
posed by air traffic control systems being defined,
developed, tested, procured, or implemented
through the “Brand New Air Traffic Control System”,
including risks or vulnerabilities posed by any legal or
business relationship of a supporting third party with a
country listed in section 202.601 of title 28, Code of
Federal Regulations \(as in effect on the date of the
enactment of this Act\) or any entity owned or controlled by
such a country.
SA 6473. Mr. GRASSLEY \(for himself and Mr. Durbin\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . JUVENILE JUSTICE AND DELINQUENCY PREVENTION
REAUTHORIZATION ACT OF 2026.
\(a\) Short Title.—This section may be cited as the
“Juvenile Justice Delinquency Prevention Reauthorization Act
of 2026”.
\(b\) Definitions.—Section 103\(22\) of the Juvenile Justice
and Delinquency Prevention Act of 1974 \(34 U.S.C. 11103\) is
amended by inserting “, including any prison,” after
“secure facility”.
\(c\) State Plans.—Section 223 of the Juvenile Justice and
Delinquency Prevention Act of 1974 \(34 U.S.C. 11133\) is
amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(3\)—
\(i\) by striking the matter preceding subparagraph \(A\) and
inserting the following:
“\(3\) provide satisfactory evidence that the State agency
has established and maintained, or is working toward
establishing and maintaining, an advisory group that—”; and
\(ii\) in subparagraph \(A\)\(iv\), by striking “at the time of
the initial appointment”;
\(B\) in paragraph \(9\)—
\(i\) in the matter preceding subparagraph \(A\)—
\(I\) by striking “not less than 75 percent of”;
\(II\) by striking “shall be used for” and inserting
“shall be used in accordance with the plan”; and
\(III\) by striking “promising programs—” and inserting
“promising programs, which may include programs for—”
\(ii\) in subparagraph \(F\)—
\(I\) in the matter preceding clause \(i\), by striking
“expand the use of probation officers” and inserting
“improve probation departments”; and
\(II\) in clause \(i\), by striking “non-violent juvenile
offenders \(including status offenders\)” and inserting
“youth”;
\(iii\) in subparagraph \(M\)—
\(I\) in clause \(i\), by inserting “restorative practices,”
before “expanded use of probation”; and
\(II\) in clause \(ii\), by inserting “, including determining
the appropriateness of programs intended to divert youth from
the justice system at the earliest point possible” before
the semicolon at the end;
\(iv\) in subparagraph \(V\), by striking “and” at the end;
and
\(v\) by adding at the end the following:
“\(X\) programs to address racial and ethnic disparities;
“\(Y\) programs and projects to collect data on the
socioeconomic status of youth in the juvenile justice system;
“\(Z\) programs intended to help divert youth from the
justice system before or after arrest; and
“\(AA\) programs in support of the initiatives described in
paragraphs \(11\) through \(13\) and \(16\);”;
\(C\) in paragraph \(11\)—
\(i\) in subparagraph \(A\)—
\(I\) in clause \(i\)\(II\), by striking “paragraph \(23\)” and
inserting “paragraph \(11\)\(B\)”; and
\(II\) in clause \(ii\)\(II\)\(bb\), by striking “and” at the
end; and
\(ii\) by striking paragraph \(11\)\(B\) and inserting the
following:
“\(B\) require that, if a juvenile is taken into custody for
violating a valid court order issued for committing a status
offense—
“\(i\) an appropriate public agency shall be promptly
notified that the juvenile is held in custody for violating
the court order;
“\(ii\) not later than 24 hours after the juvenile begins to
be held, an authorized representative of the agency shall
interview, in person, the juvenile;
“\(iii\) not later than 48 hours after the juvenile begins
to be held—
“\(I\) the representative described in clause \(ii\) shall
submit an assessment to the court that issued the court order
relating to the immediate needs of the juvenile;
“\(II\) the court that issued the court order shall conduct
a hearing to determine—
“\(aa\) whether there is reasonable cause to believe that
the juvenile violated the court order; and
“\(bb\) the appropriate placement of the juvenile pending
disposition of the alleged violation; and
“\(III\) if the court that issued the court order determines
the juvenile should be placed in a secure detention facility
or correctional facility for violating the court order—
“\(aa\) the court shall issue a written order that—
“\(AA\) identifies the valid court order that has been
violated;
“\(BB\) specifies the factual basis for determining that
there is reasonable cause to believe that the juvenile has
violated the court order;
“\(CC\) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in the secure detention
facility, with due consideration to the best interest of the
juvenile;
“\(DD\) specifies the length of time, not to exceed 7 days,
that the juvenile may remain in a secure detention facility
or correctional facility, and includes a plan for the release
of the juvenile from the facility; and
“\(EE\) may not be renewed or extended; and
“\(bb\) the court may not issue a second or subsequent order
described in item \(aa\) relating to a juvenile unless the
juvenile violates a valid court order after the date on which
the court issues an order described in item \(aa\); and
“\(iv\) there are procedures in place to ensure that the
juvenile held in a secure detention facility or correctional
facility pursuant to a court order described in this
paragraph does not remain in custody longer than the shorter
of 7 days and the length of time authorized by the court; and
“\(C\) require that not later than September 30, 2028, the
State will eliminate the use of valid court orders to provide
secure confinement of juveniles who commit status offenses,
except that juveniles may be held in secure confinement in
accordance with the Interstate Compact for Juveniles if the
judge issues a written order that—
“\(i\) specifies the authority of the State to detain the
juvenile under the terms of the Interstate Compact for
Juveniles;
“\(ii\) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the juvenile in such a facility, with
due consideration to the best interest of the juvenile;
“\(iii\) specifies the length of time a juvenile may remain
in secure confinement, not to exceed 15 days, and includes a
plan for the return of the juvenile to the home State of the
juvenile; and
“\(iv\) may not be renewed or extended;”;
\(D\) in paragraph \(13\)—
\(i\) in subparagraph \(B\)—
\(I\) in the matter preceding clause \(i\), by inserting “for
adults” after “jail or lockup”; and
\(II\) in clause \(ii\)\(III\), by adding “and” at the end; and
\(ii\) by adding at the end the following:
“\(C\) juveniles awaiting trial or other legal process who
are treated as adults for purposes of prosecution in criminal
court and housed in a secure facility, unless a court finds,
after a hearing and in writing and in accordance with
paragraph \(14\), that it is in the interest of justice;”;
\(E\) by striking paragraph \(23\);
\(F\) by redesignating paragraphs \(14\) through \(22\) as
paragraphs \(15\) through \(23\), respectively;
\(G\) by inserting after paragraph \(13\) the following:
“\(14\) provide that—
“\(A\) a juvenile described in paragraph \(13\)\(C\)—
“\(i\) that is confined in any jail or lockup for adults
shall not have sight or sound contact with adult inmates; and
“\(ii\) except as provided in this paragraph, may not be
held in any jail or lockup for adults;
“\(B\) in determining under paragraph \(13\)\(C\) whether it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults, or have sight or sound contact
with adult inmates, a court shall consider—
“\(i\) the age of the juvenile;
“\(ii\) the physical and mental maturity of the juvenile;
“\(iii\) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
“\(iv\) the nature and circumstances of the alleged offense;
“\(v\) the juvenile's history of prior delinquent acts;
“\(vi\) the relative ability of the available adult and
juvenile detention facilities to meet the specific needs of
the juvenile and protect the safety of the public and other
detained juveniles; and
“\(vii\) any other relevant factor; and
“\(C\) if a court determines under subparagraph \(B\) that it
is in the interest of justice to permit a juvenile to be held
in a jail or lockup for adults—
“\(i\) the court shall hold a hearing not less frequently
than once every 30 days, or in the case of a rural
jurisdiction, not less frequently than once every 45 days, to
review whether it is still in the interest of justice to
permit the juvenile to be so held or have such sight or sound
contact; and
“\(ii\) the juvenile shall not be held in any jail or lockup
for adults, or be permitted to have sight or sound contact
with adult inmates, for more than 180 days, unless the court,
in writing, determines there is good cause for an extension
or the juvenile expressly waives this limitation;”;
\(H\) in paragraph \(15\), as so redesignated—
\(i\) by striking “jails, lock-ups, detention facilities,
and correctional facilities” and inserting “jails and
lockups for adults, secure detention facilities, and secure
correctional facilities”;
\(ii\) by striking “, except that such reporting
requirements” and all that follows; and
\(iii\) by adding a semicolon at the end;
\(I\) in paragraph \(16\), as so redesignated, in the matter
preceding subparagraph \(A\), by inserting “that are
culturally and linguistically competent” before “at the
State, territorial, local, and tribal levels”;
\(J\) in paragraph \(17\), as so redesignated, by striking
“gender, race, ethnicity, family income, and disability”
and inserting “gender, race, ethnicity, religion, family
income, disability, national origin, and sexual
orientation”;
\(K\) by striking paragraph \(24\);
\(L\) by redesignating paragraphs \(25\) through \(33\) as
paragraphs \(24\) through \(32\), respectively;
\(M\) in paragraph \(28\), as so redesignated—
\(i\) by inserting “ongoing supervision,” before “and
training in effect”; and
\(ii\) by striking “management techniques” and inserting
“management techniques and trauma-informed approaches to
investigating allegations of sexual and physical abuse”; and
\(N\) in paragraph \(32\)\(A\), as so redesignated, by striking
“upon intake” and inserting “upon intake and at quarterly
intervals or as necessary”; and
\(2\) in subsection \(d\)—
\(A\) by striking “In the event that any State” and
inserting the following:
“\(1\) In general.—In the event that any State”;
\(B\) in paragraph \(1\), as so designated, by striking “802,
803, and 804 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968” and inserting “802 and 803 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 \(34
U.S.C. 10222, 10223\)”; and
\(C\) by adding at the end the following:
“\(2\) Local public and private nonprofit agencies.—Local
public and private nonprofit agencies within a State shall be
eligible to receive funds under paragraph \(1\)—
“\(A\) only upon a showing by the State agency designated
under subsection \(a\)\(1\) of exigent circumstances; and
“\(B\) in no case for more than 2 consecutive years.”.
\(d\) Conforming Amendments.—
\(1\) Definitions.—Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 \(34 U.S.C. 11103\) is
amended—
\(A\) in paragraph \(30\), by striking “and \(15\)” and
inserting “and \(16\)”; and
\(B\) in paragraph \(39\), by striking “\(a\)\(15\)” and
inserting “\(a\)\(16\)”.
\(2\) Concentration of federal efforts.—Section 204\(b\)\(7\) of
the Juvenile Justice and Delinquency Prevention Act of 1974
\(34 U.S.C. 11114\(b\)\(7\)\) is amended by striking “\(a\)\(14\)”
and inserting “\(a\)\(15\)”.
\(e\) Authorization of Appropriations.—Section 601 of the
Juvenile Justice and Delinquency Prevention Act of 1974 \(34
U.S.C. 11321\) is amended by striking “fiscal years 2019
through 2023” and inserting “fiscal years 2026 through
2030”.
SA 6474. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, insert the
following:
SEC. 1230. GENERAL LICENSES AUTHORIZING SALE OF RUSSIAN OIL
NULL AND VOID.
\(a\) In General.—Any general license issued by the
Department of the Treasury to authorize or implement the
delivery or sale of crude oil or petroleum products of
Russian Federation origin in effect on the date of the
enactment of this Act shall be null and void unless the
Secretary of the Treasury and the Secretary of State jointly
certify to the appropriate congressional committees that the
Russian Federation has ceased all active hostilities in or
against Ukraine.
\(b\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
SA 6475. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XI, insert the following:
SEC. \_\_. SENSE OF CONGRESS ON LITERACY SCREENERS FOR
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY
SCHOOLS.
It is the sense of Congress that the Secretary of Defense
should use amounts available for the Department of Defense
Education Activity to hire literacy screeners to help
identify children at schools operated by the Activity who are
struggling with reading at an early age.
SA 6476. Mr. BANKS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DETERMINATIONS REGARDING ENTITIES ON THE DEPARTMENT
OF DEFENSE CHINESE MILITARY COMPANY LIST.
\(a\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives.
\(2\) Commission.—The term “Commission” means the Federal
Communications Commission.
\(3\) Communications equipment or service.—The term
“communications equipment or service” has the meaning given
the term in section 9 of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1608\).
\(4\) Interagency body.—The term “interagency body” means
an executive branch interagency body described in section
2\(c\)\(1\) of the Secure and Trusted Communications Networks Act
of 2019 \(47 U.S.C. 1601\(c\)\(1\)\).
\(b\) Specific Determination Request.—Beginning on the date
that is 30 days after the date of enactment of this Act, the
Commission may, on an annual basis, request that an
interagency body, including the Committee for the Assessment
of Foreign Participation in the United States
Telecommunications Services Sector, as established under
Executive Order 13913 \(85 Fed. Reg 19643; relating to
establishing the Committee for the Assessment of Foreign
Participation in the United States Telecommunications
Services Sector\), make a specific determination regarding
whether communications equipment or services produced or
provided by either of the following poses unacceptable risks
to the national security of the United States or the safety
and security of United States persons:
\(1\) An entity identified on the list maintained under
section 1260H of the William M. \(Mac\) Thornberry National
Defense Authorization Act for Fiscal Year 2021 \(Public Law
116-283; 10 U.S.C. 113 note\).
\(2\) An affiliate, subsidiary, or joint venture partner of
an entity described in paragraph \(1\).
\(c\) Specific Determination Required.—
\(1\) In general.—Not later than 180 days after the date on
which an interagency body receives a request from the
Commission under subsection \(b\), the interagency body shall
make the determination requested.
\(2\) Requirements.—
\(A\) In general.—In making a determination described in
paragraph \(1\), an interagency body shall make a specific
assessment with respect to each of the entities described in
subparagraph \(B\) and determine whether, for each of those
entities, communications equipment or services produced or
provided by that entity pose unacceptable risks to the
national security of the United States or the safety and
security of United States persons.
\(B\) Entities described.—An entity described in this
subparagraph is each of the following \(including any
affiliate, subsidiary, or joint venture partner of such an
entity\):
\(i\) Hangzhou Yushu Technology Co., Ltd. \(commonly known as
“Unitree”\).
\(ii\) BGI Group.
\(iii\) MGI Tech Co., Ltd.
\(iv\) Quectel Wireless Solutions Co., Ltd.
\(v\) China Mobile Communications Group Co., Ltd.
\(vi\) Contemporary Amperex Technology Co., Limited \(commonly
known as “CATL”\).
\(vii\) BYD Co., Ltd.
\(viii\) WuXi AppTec Co., Ltd.
\(ix\) Yangtze Memory Technologies Co., Ltd. \(commonly known
as “YMTC”\).
\(x\) ChangXin Memory Technologies, Inc. \(commonly known as
“CXMT”\).
\(3\) Scope of review.—In making a specific determination
under this subsection, an interagency body shall consider
whether communications equipment or services produced or
provided by an entity described in paragraph \(2\)\(B\)—
\(A\) are capable of being used to conduct surveillance,
collect data, or facilitate unauthorized access to
telecommunications networks of the United States or allies of
the United States;
\(B\) contain backdoors, malicious code, or hardware
vulnerabilities that could enable exploitation by a foreign
adversary described in section 791.4 of title 15, Code of
Federal Regulations, or any successor regulation;
\(C\) are subject to the laws, directives, or policies of the
People's Republic of China that could compel assistance to
Chinese intelligence or security services, including pursuant
to the National Intelligence Law of the People's Republic of
China \(2017\) or the Cybersecurity Law of the People's
Republic of China \(2017\); or
\(D\) could otherwise pose an unacceptable risk to the
national security of the United
States or the security and safety of United States persons.
\(d\) Treatment of Specific Determination.—After an
interagency body makes a specific determination under
subsection \(c\)—
\(1\) the interagency body shall—
\(A\) transmit that specific determination to the Commission;
and
\(B\) submit to the appropriate congressional committees a
report regarding the results of that specific determination;
and
\(2\) if the interagency body, in that specific
determination, determines that communications equipment or
services produced or provided by an entity pose unacceptable
risks to the national security of the United States or the
safety and security of United States persons, the Commission
shall add those communication equipment or services to the
list published under section 2 of the Secure and Trusted
Communications Networks Act of 2019 \(47 U.S.C. 1601\).
SA 6477. Mr. BANKS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. VETERANS SERVICE ORGANIZATION CONSULTATION
REQUIREMENTS FOR NATIONAL GLOBAL WAR ON
TERRORISM MEMORIAL.
\(a\) Definitions.—In this section:
\(1\) Concept design.—The term “concept design” means an
initial concept design for a commemorative work, including
architectural renderings and design specifications, developed
by the sponsor following site approval and submitted to the
National Capital Planning Commission and the Commission of
Fine Arts by the Secretary under section 8905\(a\)\(2\) of title
40, United States Code, as a design submission separate from
and subsequent to the site approval for the commemorative
work.
\(2\) Concept design review.—The term “concept design
review” means the review and approval of an initial concept
design by the National Capital Planning Commission and the
Commission of Fine Arts following submission by the Secretary
under section 8905\(a\)\(2\) of title 40, United States Code,
prior to the submission of a preliminary design.
\(3\) Covered war memorial.—The term “covered war
memorial” means the National Global War on Terrorism
Memorial authorized by section 2\(a\) of the Global War on
Terrorism War Memorial Act \(40 U.S.C. 8903 note; Public Law
115-51\).
\(4\) Secretary.—The term “Secretary” means the Secretary
of the Interior.
\(5\) Site approval.—The term “site approval” means the
approval by the National Capital Planning Commission and the
Commission of Fine Arts of the location for a commemorative
work, which may be granted as part of a combined site and
design submission or as a separate site-only submission under
section 8905\(a\)\(2\) of title 40, United States Code, prior to
the commencement of design development.
\(6\) Sponsor.—The term “sponsor” means the Global War on
Terror Memorial Foundation.
\(7\) Veterans service organization.—The term “veterans
service organization” means—
\(A\) any veterans service organization chartered under part
B of subtitle II of title 36, United States Code; and
\(B\) any organization recognized under section 5902 of title
38, United States Code.
\(b\) Veterans Service Organization Feedback Window.—
\(1\) Timing.—With respect to the covered war memorial, the
Secretary may not submit a concept design to the National
Capital Planning Commission and the Commission of Fine Arts
under section 8905\(a\)\(2\) of title 40, United States Code,
until the date on which the Secretary has completed all
requirements of this subsection, including the submission of
the response memorandum required under paragraph \(4\)\(B\).
\(2\) Notice.—
\(A\) In general.—Before the feedback period under paragraph
\(3\)\(A\) may commence, the Secretary shall submit to each
veterans service organization a written notice regarding the
concept design of the covered war memorial.
\(B\) Inclusions.—The written notice submitted under
subparagraph \(A\) shall include, at minimum—
\(i\) the name and subject of the covered war memorial;
\(ii\) architectural renderings and design specifications
comprising the concept design for the covered war memorial;
\(iii\) the proposed location of the covered war memorial
within the Reserve \(as defined in section 8902\(a\) of title
40, United States Code\), including a site map;
\(iv\) a summary of any site-specific guidelines or
conditions applicable to the covered war memorial established
by the National Capital Planning Commission or the Commission
of Fine Arts under section 8905\(b\)\(6\) of title 40, United
States Code; and
\(v\) the name, mailing address, and electronic contact
information of the National Park Service official designated
to receive feedback under this section.
\(3\) Feedback period.—
\(A\) In general.—During the 90-day period beginning on the
date on which the Secretary submits the notice required under
paragraph \(2\)\(A\), there shall be a feedback period during
which each veterans service organization may submit written
feedback to the Secretary regarding the concept design of the
covered war memorial.
\(B\) Voluntary participation.—
\(i\) In general.—The submission of feedback under this
paragraph is voluntary.
\(ii\) Effect of section.—Nothing in this section requires a
veterans service organization to submit feedback during the
feedback period under this paragraph.
\(C\) Prohibition on submission.—The Secretary may not
submit the concept design for the covered war memorial under
section 8905\(a\)\(2\) of title 40, United States Code, until—
\(i\) the date on which the 90-day feedback period under
subparagraph \(A\) has concluded; and
\(ii\) the Secretary has completed and submitted the response
memorandum required under paragraph \(4\)\(B\).
\(4\) Consideration of feedback.—
\(A\) Review.—The Secretary, in consultation with the
National Capital Memorial Advisory Commission, shall review
and consider all feedback from each veterans service
organization timely submitted during the feedback period
under paragraph \(3\)\(A\) prior to making any submission
relating to the covered war memorial under section 8905\(a\)\(2\)
of title 40, United States Code.
\(B\) Response memorandum.—Not later than 30 days after the
end of the feedback period under paragraph \(3\)\(A\), the
Secretary shall prepare a written response memorandum that—
\(i\) summarizes feedback received, if any, from veterans
service organizations;
\(ii\) identifies any design modifications made, or
recommended to the sponsor, in response to such feedback; and
\(iii\) provides a written explanation for any feedback that
the Secretary determined could not be incorporated into the
concept design.
\(C\) Submission.—The Secretary shall submit the response
memorandum required under subparagraph \(B\) and any related
written feedback received under this section to—
\(i\) the National Capital Planning Commission;
\(ii\) the Commission of Fine Arts;
\(iii\) each veterans service organization that submitted
such feedback;
\(iv\) the National Capital Memorial Advisory Commission;
\(v\) the Committee on Veterans' Affairs of the Senate;
\(vi\) the Committee on Veterans' Affairs of the House of
Representatives;
\(vii\) the Committee on Energy and Natural Resources of the
Senate; and
\(viii\) the Committee on Natural Resources of the House of
Representatives.
\(c\) Public Availability.—The Secretary shall make publicly
available on the National Park Service website—
\(1\) all notices submitted under subsection \(b\)\(2\);
\(2\) all written feedback received from veterans service
organizations under subsection \(b\)\(3\); and
\(3\) the response memorandum required under subsection
\(b\)\(4\)\(B\).
\(d\) Effect of Section.—Nothing in this section—
\(1\) grants any veterans service organization a right of
approval, veto, or reconsideration over the design or
construction of any commemorative work;
\(2\) requires the Secretary, the National Capital Planning
Commission, the Commission of Fine Arts, or the National
Capital Memorial Advisory Commission to incorporate any
feedback submitted under this section into the design of a
commemorative work;
\(3\) supersedes any requirement under chapter 89 of title
40, United States Code \(commonly known as the “Commemorative
Works Act”\), any other applicable Federal law \(including
regulations\), or agency guidance; or
\(4\) applies to any commemorative work for which the
Secretary has submitted a concept design to the National
Capital Planning Commission or the Commission of Fine Arts
under section 8905\(a\)\(2\) of title 40, United States Code,
before the date of enactment of this Act.
SA 6478. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. ADVANCING A COMPREHENSIVE APPROACH TO ADDRESS
TRANSNATIONAL CRIME.
\(a\) Addressing Gaps in Law Enforcement and Anti-crime
Programs.—
\(1\) Strategic plan.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State
\(referred to in
this section and section 1270B as the “Secretary”\), acting
through the Assistant Secretary of State for International
Narcotics and Law Enforcement Affairs \(referred to in this
section and section 1270B as the “Assistant Secretary”\),
shall develop and implement a strategic plan for the Bureau
of International Narcotics and Law Enforcement Affairs
\(referred to in this section and section 1270B as the
“Bureau”\) to expand anti-crime programming related to
citizen security and the rule of law, crime and violence
prevention, and other efforts to address systemic and
structural drivers of transnational crime for an initial 5-
year period.
\(2\) Scope.—Programs identified pursuant to paragraph \(1\)
—
\(A\) shall include types of anti-crime programs
traditionally done by other bureaus within the Department of
State; and
\(B\) may include—
\(i\) community-level crime and violence prevention programs;
\(ii\) alternative development programs;
\(iii\) land titling programs; and
\(iv\) anti-corruption and good governance programs.
\(3\) Stakeholder engagement.—In developing the strategic
plan under paragraph \(1\), and before implementing such plan
and submitting the report required under paragraph \(5\), the
Secretary shall—
\(A\) consult with, and incorporate suggestions from,
security, law enforcement, and justice institutions of
partner governments, relevant multilateral and
intergovernmental entities, and relevant private sector
entities, to the maximum extent practicable;
\(B\) consult with, and incorporate suggestions from, the
appropriate congressional committees, to the maximum extent
practicable;
\(C\) request a list from partner governments identifying
resource and program gaps in anti-crime efforts following the
foreign assistance review directed by the President through
Executive Order 14169 \(90 Fed. Reg. 8619 \(January 20, 2025\)
relating to reevaluating and realigning United States foreign
aid\); and
\(D\) request a list of gaps and opportunities in programming
described in paragraphs \(1\) and \(2\) from the chief of mission
of the United States embassies in all countries that receive
assistance under chapter 8 of part I of the Foreign
Assistance Act of 1961 \(22 U.S.C. 2291 et seq.\).
\(4\) Prioritization.—The Secretary, acting through the
Assistant Secretary, should prioritize the use of funds
appropriated to carry out chapter 4 of part II of the Foreign
Assistance Act of 1961 \(22 U.S.C. 2346 et seq.\) for programs
and activities identified under this subsection when
International Narcotics Control and Law Enforcement funding
is not available for such purpose.
\(5\) Report.—The Secretary, acting through the Assistant
Secretary, shall include, in the first report submitted after
the date of the enactment of this Act, a section containing—
\(A\) the strategic plan required under paragraph \(1\),
including—
\(i\) a description of the initial proposed list of new anti-
crime programs for the Bureau to undertake;
\(ii\) the identification of an initial list of priority
countries for receiving such programming, which shall, to the
maximum extent practicable, include countries across all the
geographic regions in which the Bureau operates; and
\(iii\) a description of any constraints or challenges to the
Bureau undertaking such programming;
\(B\) a timeline for implementing the strategic plan; and
\(C\) a description of the funds needed to implement such
plan and programming during the next 5 fiscal years.
\(6\) Authorization of appropriations.—There is authorized
to be appropriated $100,000,000 for each of the fiscal years
2027 through 2031 to implement this subsection.
\(b\) Public-private Partnerships.—
\(1\) Authorization.—The Secretary, acting through the
Assistant Secretary, and in coordination with the heads of
relevant Federal departments and agencies, is authorized and
encouraged to pursue public-private partnerships, other
research partnerships, and innovative financing mechanisms—
\(A\) to strengthen citizen security;
\(B\) to counter transnational crime; and
\(C\) to otherwise prevent and reduce violence and
participation in illicit markets that affect United States
national interests, including through initiatives at the
community level.
\(2\) Priority focus areas.—Partnerships authorized under
paragraph \(1\) shall prioritize, during the 5-year period
beginning on the date of the enactment of this Act, efforts
to address—
\(A\) cyber-scam centers;
\(B\) demand reduction matters relating to the illicit use of
narcotics and other drugs, particularly fentanyl and other
synthetic opioids, including monitoring and data collection
regarding use of such illicit drugs;
\(C\) port security and maritime domain awareness;
\(D\) sexual and gender-based violence;
\(E\) alternatives to illicit drug cultivation;
\(F\) anti-money laundering;
\(G\) community-based crime and violence deterrence and
prevention;
\(H\) rule of law, transparency, and anti-corruption; and
\(I\) environmental and natural resource crimes.
\(3\) Consultation.—In expanding the Department of State's
public-private partnerships and other multi-stakeholder
initiatives in the areas described in paragraph \(1\), the
Assistant Secretary shall engage with the United Nations
Office on Drugs and Crime and other entities with experience
undertaking public-private partnerships related to law
enforcement and anti-crime issues.
\(4\) Capacity building and information sharing.—The
Secretary, acting through the Assistant Secretary, and in
coordination with the heads of relevant Federal departments
and agencies, shall collaborate with relevant stakeholders,
including law enforcement agencies and other related
institutions of partner governments, the private sector, and
civil society—
\(A\) to convene capacity building and training sessions,
events, and other forums to explore opportunities for public-
private partnerships related to the activities described in
paragraph \(1\) in each geographic region in which the Bureau
operates; and
\(B\) to encourage information sharing on best practices to
address such activities.
\(5\) Limitations.—Any public-private partnership entered
into pursuant to this subsection shall comply with—
\(A\) international best practices on public-private
partnerships; and
\(B\) additional guidelines and standards for best practices
set by the Secretary of State, including those within section
970 of volume 2 of the Foreign Affairs Manual.
\(6\) Notification and briefing.—Before entering into a
public-private partnership under this subsection, the
Assistant Secretary shall notify and brief the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives regarding the
activities to be undertaken under such partnership and how
partner entities will be selected.
\(c\) Rule of Construction.—The term “anticrime purposes”,
with respect to the authority of the President under section
481\(a\)\(4\) of the Foreign Assistance Act of 1961 \(22 U.S.C.
2291\(a\)\(4\)\), shall be construed to allow for the provision of
assistance, including through grants to nongovernmental
organizations, for efforts—
\(1\) to advance citizen security and the rule of law;
\(2\) to strengthen the capacity, accountability, and reform
of foreign security, law enforcement, and justice
institutions, including police, prosecutors and judges,
correctional facilities, border and customs enforcement
authorities, anti-corruption institutions, and other related
entities;
\(3\) to prevent, reduce, or deter transnational crime; and
\(4\) to otherwise address the drivers and impacts of illicit
activity, including systemic and structural drivers of
violence, affecting United States national interests,
including through programs that—
\(A\) prevent community violence and crime;
\(B\) provide alternatives to drug cultivation and production
or other illicit activities;
\(C\) disarm, demobilize, or reintegrate members of criminal
organizations;
\(D\) reduce impunity and strengthen anti-corruption and good
governance frameworks;
\(E\) increase government presence and access to justice in
conflict-affected areas;
\(F\) prevent and respond to sexual and gender-based
violence; and
\(G\) address illicit arms trafficking.
\(d\) Modification of Assistant Secretary's Areas of
Responsibility.—Section 1\(c\)\(3\)\(B\) of the State Department
Basic Authorities Act of 1956 \(22 U.S.C. 2651a\(c\)\(3\)\(B\)\) is
amended—
\(1\) in clause \(ii\), by inserting “law enforcement and”
after “foreign”;
\(2\) in clause \(iv\), by striking “human rights and women's
participation issues” and inserting “human rights, women's,
afrodescendents', indigenous people's, and other excluded
communities' participation issues, and international
humanitarian law, as applicable”;
\(3\) in clause \(v\), by striking “wildlife, and cultural
property, migrant smuggling, corruption, money laundering,
the illicit smuggling of bulk cash, the licit use of
financial systems for malign purposes,” and inserting
“wildlife, timber, metals and minerals, and cultural
property, migrant smuggling, corruption, money laundering,
the illicit smuggling of bulk cash, the licit use of
financial systems for malign purposes, cybercrime,”; and
\(4\) by adding at the end the following:
“\(vii\) Combating, in conjunction with other relevant
bureaus of the Department of State and other United States
Government agencies, environmental and natural resource
crimes, including illegal mining, fishing, and logging and
associated illicit trade.”.
\(e\) Amendments to Chapter 8 of Part I of the Foreign
Assistance Act of 1961.—Chapter 8 of part I of the Foreign
Assistance Act of 1961 \(22 U.S.C. 2291 et seq.\) is amended—
\(1\) by amending the chapter header to read as follows:
“INTERNATIONAL NARCOTICS CONTROL, LAW ENFORCEMENT, AND
RELATED ANTICRIME MATTER”; and
\(2\) in section 481\(a\)\(1\)—
\(A\) by redesignating subparagraphs \(A\) through \(G\) as
subparagraphs \(B\) through \(H\), respectively;
\(B\) by inserting before subparagraph \(B\), as redesignated,
the following:
“\(A\) It is the policy of the United States—
“\(i\) to assist foreign countries in preventing and
combating all forms of
transnational criminal activity that threaten regional
stability and undermine United States national security
interests, including—
“\(I\) illicit narcotics production and trafficking;
“\(II\) arms trafficking;
“\(III\) illicit finance and money laundering;
“\(IV\) trafficking in persons;
“\(V\) sexual and gender-based violence;
“\(VI\) migrant smuggling;
“\(VII\) cybercrime;
“\(VIII\) environmental and natural resource crime;
“\(IX\) corruption; and
“\(X\) and other related conditions that enable the
activities described in subclauses \(I\) through \(IX\); and
“\(ii\) to use United States assistance under this chapter
to support efforts to strengthen civilian law enforcement,
justice sector institutions, corrections systems, border and
customs authorities, anti-corruption institutions, and
international cooperation mechanisms to prevent, investigate,
prosecute, and adjudicate crimes associated with
transnational criminal activity and associated criminal
networks.”;
\(C\) in subparagraph \(B\), as redesignated, by adding at the
end the following: “Transnational criminal organizations
engaged in international narcotics trafficking have expanded
their activities to other illicit markets, including human
trafficking, smuggling, and environmental and natural
resource crimes, which requires the United States to modify
its foreign policies and programs to effectively counter
international narcotics trafficking and associated criminal
networks.”;
\(D\) in subparagraph \(E\), as redesignated, by striking
“particularly” and inserting “including”; and
\(E\) in subparagraph \(G\), as redesignated, by inserting “,
environmental and natural resource crimes, and other
transnational crime-related” after “narcotics”.
SEC. 1270B. STRENGTHENING DEPARTMENT OF STATE REPORTING OF
TRANSNATIONAL CRIMINAL ACTIVITIES.
\(a\) Bureau of International Narcotics and Law Enforcement
Affairs Strategy.—
\(1\) In general.—Not later than 180 days after the
Secretary of State makes publicly available the strategic
plan required under section 306 of title 5, United States
Code, the Secretary shall—
\(A\) develop a strategic plan for the Bureau containing—
\(i\) all the information required under subsection \(a\) of
such section 306; and
\(ii\) a separate section evaluating foreign assistance and
programming carried out by the Bureau since the submission of
the previous Bureau strategy and the future direction of such
assistance and programming;
\(B\) make such strategic plan available on a publicly
accessible website of the Department of State; and
\(C\) simultaneously notify the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives of the availability of such
strategic plan.
\(2\) Contingency plan.—If the strategic plan for the Bureau
is not made publicly available in accordance with paragraph
\(1\)\(B\) before the date of the enactment of this Act, the
Secretary shall comply with such paragraph not later than 180
days after such date of enactment.
\(b\) Elements.—The strategic plan for the Bureau required
under subsection \(a\) shall, with respect to each geographic
region in which the Bureau operates—
\(1\) provide a detailed assessment of—
\(A\) the transnational criminal and citizen security threats
to United States national interests within such region;
\(B\) how such threats have changed since the submission of
the previous Bureau strategy; and
\(C\) how foreign assistance, diplomatic engagement, and
programming by the Bureau are designed—
\(i\) to promote citizen security;
\(ii\) to disrupt transnational criminal organizations and
their illicit economies; and
\(iii\) to strengthen the capacity of foreign partners to
counter such threats;
\(2\) identify priority gaps and strategic opportunities for
strengthening foreign assistance and programming carried out
by the Bureau;
\(3\) assess outcome metrics from monitoring and evaluation
conducted since the submission of the previous Bureau
strategic plan, and provide concrete plans to ensure such
outcome assessments inform the foreign assistance program
design and funding decisions of the Bureau;
\(4\) describe in detail the Bureau's plans for addressing—
\(A\) narcotics trafficking, including the trafficking of
fentanyl and other synthetic drugs and precursor chemicals;
\(B\) environmental and natural resource crimes, including
illegal logging, wildlife trafficking, illegal mining, and
illegal fishing;
\(C\) human trafficking and migrant smuggling;
\(D\) ransom kidnapping and extortion;
\(E\) arms trafficking;
\(F\) money laundering;
\(G\) rule of law and corruption issues;
\(H\) drug demand reduction;
\(I\) cyber crime and intellectual property rights;
\(J\) capacity challenges faced by law enforcement, border
security, and criminal justice institutions in partner
countries, including civilian police and correctional
facilities; and
\(K\) sexual and gender-based violence;
\(5\) identify concrete ways in which the Department of State
has used the findings of the International Narcotics Control
Strategy Reports submitted pursuant to section 489 of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2291h\) since the
submission of the Bureau' s previous strategic plan to inform
foreign assistance program design and funding decisions by
the Bureau;
\(6\) identify concrete ways in which the Department has used
the findings regarding foreign countries' progress on anti-
corruption efforts referred to in subsections \(a\) through \(c\)
of section 5403 of the Combating Global Corruption Act
\(subtitle A of title LIV of Public Law 118-31; 22 U.S.C.
10502\) that have been provided to Congress since the
submission of the Bureau's previous strategic plan to inform
foreign assistance program design and funding decisions by
the Bureau;
\(7\) provide concrete examples of progress made in
significantly increasing the recruitment, training and
retention of women and other underrepresented communities in
law enforcement positions;
\(8\) identify concrete ways in which the Bureau, in
coordination with all other relevant Federal entities, can
more effectively target drivers of organized criminal
activity and recruitment at the community level, including
through Bureau programs—
\(A\) to deter crime and violence;
\(B\) to support crop substitution and alternatives to
illicit drug cultivation; and
\(C\) to support community education and rehabilitation
programming;
\(9\) describe how foreign assistance and programming carried
out by the Bureau may be used to counter malign foreign
influence, including from the People's Republic of China and
the Russian Federation;
\(10\)\(A\) identify and evaluate outcome metrics to assess the
operations and effectiveness of the Bureau's International
Law Enforcement Academies since the submission of the
Bureau's previous strategic plan; and
\(B\) describe how such results will inform future program
design and funding decisions for such Academies;
\(11\)\(A\) identify and evaluate outcome metrics to assess the
operations and effectiveness of the Bureau's Narcotics
Rewards Program and Transnational Organized Crime Rewards
Programs since the submission of the Bureau's previous
strategic plan; and
\(B\) describe how such results will inform future program
design and funding decisions for such rewards programs; and
\(12\) identify concrete ways to strengthen multilateral and
donor coordination to enhance the delivery and efficiency of
assistance by the Bureau.
\(c\) Annual Program and Budget Accountability Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and not later than the first
Monday of March of each year thereafter, the Secretary,
acting through the Assistant Secretary, shall submit a
program and budget accountability report for the Bureau for
the preceding fiscal year to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of
the House of Representatives, the Committee on Appropriations
of the Senate, and the Committee on Appropriations of the
House of Representatives.
\(2\) Requirements.—Each report submitted pursuant to
paragraph \(1\) shall, with respect to the preceding fiscal
year—
\(A\) provide a breakdown, by geographic region, of countries
that received funding from the INCLE account, disaggregated
by amount, fiscal year, and program type;
\(B\) identify all programming conducted through interagency
agreements described in section 632\(b\) of the Foreign
Assistance Act of 1961 \(22 U.S.C. 2392\(b\)\), disaggregated by
geographic region and implementing agency and, for such
programming—
\(i\) identify each recipient of such support;
\(ii\) describe the support provided and the anticipated
duration of such support; and
\(iii\) describe the sources and amounts of funds used to
provide such support;
\(C\) identify how much assistance from the INCLE account was
provided through interagency agreements described in section
632\(b\) of the Foreign Assistance Act of 1961 \(22 U.S.C.
2392\(b\)\), disaggregated by geographic region and implementing
agency;
\(D\) identify, globally and by geographic region, to the
maximum extent practicable, how much assistance from the
INCLE account was obligated for addressing—
\(i\) narcotics trafficking, including a specific amount for
addressing trafficking of fentanyl, synthetic opioids and
related precursor chemicals;
\(ii\) environmental and natural resource crimes,
disaggregated by illegal logging, wildlife trafficking,
illegal mining, and illegal fishing;
\(iii\) human trafficking and migrant smuggling;
\(iv\) arms trafficking;
\(v\) money laundering;
\(vi\) rule of law and corruption issues;
\(vii\) drug demand reduction;
\(viii\) cyber crime and intellectual property rights; and
\(ix\) sexual and gender-based violence;
\(E\) identify, globally and by geographic region, how much
assistance from the INCLE account was directly provided to—
\(i\) foreign government institutions;
\(ii\) intergovernmental or multilateral organizations;
\(iii\) locally-based nongovernmental organizations;
\(iv\) United States-based nongovernmental organizations;
\(v\) security or military contractors; and
\(vi\) any other implementing entity;
\(F\) list the amount of—
\(i\) law enforcement, criminal justice, border security, and
other foreign personnel trained through funding from the
INCLE account, disaggregated by geographic region, and the
types of trainings they received, with a separate section on
personnel trained by the International Law Enforcement
Academies;
\(ii\) lethal and non-lethal equipment provided to foreign
governments, disaggregated by geographic region and type of
equipment provided; and
\(iii\) previously existing and newly created United States-
vetted units in countries in which the Bureau operates;
\(G\) identify any foreign assistance and programming
provided by the Bureau that is carried out at the subnational
level, disaggregated by geographic region;
\(H\) identify any end-use monitoring or human rights
monitoring issues that arose regarding foreign assistance and
programming provided by the Bureau, disaggregated by
geographic region, and how such issues were resolved;
\(I\) identify any provisions of law that were waived or
superseded by the Bureau pursuant to the section 481\(a\)\(4\) of
the Foreign Assistance Act of 1961 \(22 U.S.C. 2291\(a\)\(4\)\) and
provide justification for each such action;
\(J\) with respect to the Narcotics Rewards Program and the
Transnational Organized Crime Rewards Program—
\(i\) identify previously existing outstanding rewards and
newly issued rewards, disaggregated by geographic region of
the designated target and by relevant criminal activity; and
\(ii\) identify—
\(I\) how many and which rewards led to the conviction or
arrest of designated targets; and
\(II\) how much money was paid out to reward program
participants;
\(K\) identify and describe any public-private partnership
programming carried out by the Bureau, disaggregated by
geographic region;
\(L\) disclose all private military and security contractors
with which the Bureau collaborates, disaggregated by
geographic region;
\(M\) identify and describe the Bureau priorities for
programs for which independent evaluations will be carried
out during the upcoming fiscal year, including the reasons
for their selection;
\(N\)\(i\) summarize major takeaways and recommendations from
program management and evaluation activities; and
\(ii\) describe, to the maximum extent practicable, how such
results will inform program design and funding decisions by
the Bureau for the upcoming fiscal year;
\(O\) identify—
\(i\) the 5 countries in each geographic region that received
the highest amount of foreign assistance and programming from
the Bureau; and
\(ii\) any other country, irrespective of geographic region,
that received more than $10,000,000 in such assistance and
programming; and
\(P\) for each country identified pursuant to subparagraph
\(O\)—
\(i\) provide a country narrative that describes the major
citizen security and transnational criminal challenges faced
by such country;
\(ii\) assess—
\(I\) the political will of the government of such country to
work with the United States to address such threats;
\(II\) such government's absorptive capacity; and
\(III\) other capacity building challenges faced by such
government across law enforcement, criminal justice, and
border security sectors;
\(iii\) identify the potential fraud risk, end use
monitoring, and human rights-related challenges for the
Bureau related to operating in such country;
\(iv\) identify all programs operated by the Bureau and, for
each such program—
\(I\) provide an overview and details of program activity,
operationalizable program goals and objectives, and outcome-
based and results-oriented performance indicators and metrics
for evaluating the effectiveness of such programs; and
\(II\) assess the progress being made to achieve program
goals and objectives and any challenges affecting such
achievement; and
\(v\) identify—
\(I\) any concrete assistance requested by the government of
such country related to the Bureau's mission; and
\(II\) the Bureau's assessment of the challenges to, and
merit of, providing such assistance.
\(3\) Form and public availability of report.—
\(A\) Form.—Each report required under paragraph \(1\) shall
be submitted in unclassified form to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives, but may include a classified
annex to the extent necessary to protect sensitive
information if an explanation is provided for why such
information is required to be classified.
\(B\) Public availability.—The Secretary shall make the
unclassified portions of each such report available to the
public on a website of the Department of State.
\(d\) Implementation.—The Secretary, acting through the
Assistant Secretary, shall promulgate and implement any
polices, guidance, or procedures within the Bureau that may
be necessary to comprehensively and accurately track,
compile, and report the data required to be included in the
report under subsection \(c\)\(2\).
SA 6479. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. REPORTING ON AND STRATEGY WITH RESPECT TO LOBITO
CORRIDOR.
\(a\) Establishment of Regular Reporting to Congress on
United States Investment in Lobito Corridor.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, and annually thereafter until
2031, the President should submit to the appropriate
congressional committees a report on investment by the United
States in the Lobito Corridor.
\(2\) Elements.—Each report required by subsection \(a\) shall
include—
\(A\) an update on the progress of the Lobito Corridor
infrastructure project that includes consolidated and up-to-
date information from the Department of State, the United
States International Development Finance Corporation, and the
Trade and Development Agency;
\(B\) a strategy for United States investment in the Lobito
Corridor infrastructure project and the interagency
coordination underway with respect to the project;
\(C\) a specification of the source and amount of funds that
have been obligated by the United States International
Development Finance Corporation, the Trade and Development
Agency, and other relevant Federal agencies to support the
Lobito Corridor infrastructure project;
\(D\) documentation of foreign assistance provided by the
United States to ensure the completion of the Lobito Corridor
infrastructure project;
\(E\) an overview of United States coordination and
investments co-financed with allies and partners and relevant
multilateral financial institutions in the Lobito Corridor;
\(F\) a strategic communications plan that—
\(i\) describes in detail—
\(I\) the United States investments in the Lobito Corridor
within Angola, the Democratic Republic of the Congo, and
Zambia; and
\(II\) how each such investment benefits the people of the
United States and the people of the country in which the
investment is made; and
\(ii\) includes detailed data figures on how the United
States investments in the Lobito Corridor—
\(I\) have increased, and are anticipated to increase, the
access of the United States to critical minerals; and
\(II\) have strengthened regional supply chains;
\(G\) a review of how the Government of the People's Republic
of China has implemented critical infrastructure projects in
Angola, the Democratic Republic of the Congo, and Zambia that
have led to social and environmental degradation and that
could impede United States economic and strategic goals for
the Lobito Corridor;
\(H\) an assessment of—
\(i\) the long-term feasibility of United States investment
in the Lobito Corridor and how such investment advances
United States geostrategic goals; and
\(ii\) the national security implications of the United
States investing in critical mineral infrastructure in
Angola, the Democratic Republic of the Congo, and Zambia; and
\(I\) a list of meetings and other engagements United States
Government personnel have had with representatives of the
governments of Angola, the Democratic Republic of the Congo,
and Zambia with respect to the feasibility and functionality
of the Lobito Corridor.
\(b\) Strategy on Critical Minerals Refining, Processing, and
Tracing.—Not later than one year after the date of the
enactment of this Act, and every 2 years thereafter, the
Secretary of State, in consultation with the Chief Executive
Officer of the United States International Development
Finance Corporation and the Director of the Trade and
Development Agency, shall submit to the appropriate
congressional committees a strategy on the responsible
sourcing, mining, refining, processing, and tracing of
critical minerals resources that includes—
\(1\) details on which critical minerals are available for
extraction in Angola, provided through the United States
Geological Survey;
\(2\) an assessment of—
\(A\) the capacity of critical minerals in Angola to advance
the national security goals of the United States;
\(B\) the feasibility of mid-stream mineral refinement and
processing in Angola;
\(C\) the potential for the United States to partner with the
governments of Angola, the Democratic Republic of the Congo,
and Zambia with respect to critical minerals tracing and
transparency;
\(D\) the necessary diplomatic and logistical measures needed
to ensure there is an operable and transparent environment
for critical minerals to be transported through the Lobito
Corridor from Zambia, through the Democratic Republic of the
Congo, and to Angola;
\(E\) the effectiveness of United States investment in the
Lobito Corridor and the return on investment garnered through
specific projects connected to the Lobito Corridor; and
\(3\) details of the strategy of the United States to enter
into offtake agreements with Angola, the Democratic Republic
of the Congo, and Zambia to ensure critical minerals
retrieved through such agreements end up in the United
States, which should include—
\(A\) strategic competition safeguards that—
\(i\) diminish the reliance of Angola, the Democratic
Republic of the Congo, and Zambia on adversaries, such as the
People's Republic of China; and
\(ii\) prevent the People's Republic of China from utilizing
supply chains, railways, and ports funded by the United
States for the benefit of the People's Republic of China; and
\(B\) responsible sourcing, tracing, and accountability
measures to address corruption, labor violations, and
environmental degradation in areas in which United States
investment is supporting the development of the Lobito
Corridor.
\(c\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
\(B\) the Committees on Natural Resources, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
\(2\) Critical mineral.—The term “critical mineral” has
the meaning given that term in section 7002\(a\) of the Energy
Act of 2020 \(30 U.S.C. 1606\(a\)\).
\(3\) Lobito corridor.—The term “Lobito Corridor” means
the railway connecting Angola, the Democratic Republic of the
Congo, and Zambia.
\(4\) Lobito corridor infrastructure project.—The term
“Lobito Corridor infrastructure project” means the
infrastructure project to rehabilitate the Lobito Corridor to
facilitate the transportation of critical minerals.
SA 6480. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. IMPLEMENTATION OF THE UNITED STATES-ALGERIAN
DEFENSE MEMORANDUM OF UNDERSTANDING.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall convene the Joint Military
Commission and draft plans to implement the five areas of
focus of the bilateral relationship, as required by the
United States-Algerian Defense Memorandum of Understanding.
SA 6481. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. USE OF PRE-EXPOSURE PROPHYLAXIS FOR HIV/AIDS
PREVENTION AND MEDICATION.
Section 403 of the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 \(22 U.S.C. 7673\)
is amended by adding at the end the following:
“\(e\) Use of Pre-exposure Prophylaxis for HIV/AIDS
Prevention and Medication.—The Secretary of State may use
funds appropriated to carry out this Act for pre-exposure
prophylaxis for HIV/AIDS prevention and medication for any
individual living with HIV/AIDS or at risk of contracting
HIV/AIDS.”.
SA 6482. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. INDO-PACIFIC ENERGY RESILIENCE.
\(a\) Authorization.—The Secretary of State, in coordination
with the Secretary of Energy, is authorized to engage with
relevant United States Government authorities and foreign
government counterparts to identify Indo-Pacific countries
with energy vulnerabilities as a result of disruptions to
global energy markets or maritime energy transit routes that
could compel increased energy imports from countries of
concern.
\(b\) Promotion of Energy Diversification.—The Secretary of
State, in coordination with the Secretary of Energy, shall
prioritize efforts to help Indo-Pacific countries diversify
existing energy sources and explore all viable, cost-
effective alternatives to energy imports from countries of
concern.
\(c\) Opportunities to Build Indo-Pacific Energy
Resilience.—The Secretary of State, in coordination with the
Secretary of Energy, shall identify opportunities to
strengthen the domestic energy resilience and efficiency,
energy security, and energy-sector capabilities of relevant
countries in the Indo-Pacific.
\(d\) Annual Report.—Not later than 180 days after the date
of the enactment of the Act, and annually thereafter for 3
years, the Secretary of State, in coordination with the
Secretary of Energy, shall submit to the appropriate
congressional committees a report that describes—
\(1\) actions taken to implement the efforts described in
subsection \(b\);
\(2\) barriers to energy diversification for the identified
Indo-Pacific countries from countries of concern and what
steps were taken to help address barriers;
\(3\) whether efforts have produced or will lead to viable
alternatives to energy for foreign countries to consider that
are not from countries of concern; and
\(4\) opportunities to bolster domestic energy resilience and
efficiency in the Indo-Pacific region.
\(e\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Foreign Affairs of the House of
Representatives;
\(C\) the Committee on Energy and Natural Resources of the
Senate;
\(D\) the Committee on Natural Resources of the House of
Representatives; and
\(E\) the Committee on Energy and Commerce of the House of
Representatives.
\(2\) Countries of concern.—The term “countries of
concern” has the meaning given the term in section 4872\(f\)
of title 10, United States Code, which, as of the date of the
enactment of this Act, means—
\(A\) the Democratic People's Republic of North Korea;
\(B\) the People's Republic of China;
\(C\) the Russian Federation; and
\(D\) the Islamic Republic of Iran.
SA 6483. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1210. PROTECTING GLOBAL HEALTH.
\(a\) Short Titles.—This section may be cited as the
“Epidemic Barrier and Outbreak Leadership Act” or the
“EBOLA Act”.
\(b\) Findings.—Congress finds the following:
\(1\) Infectious disease outbreaks and pandemics pose
significant threats to the national security, public health,
and economic well-being of the United States.
\(2\) The 2026 Ebola Disease outbreak in Central and Eastern
Africa has rapidly spread across international borders and
resulted in more than 1,000 cases of the disease.
\(3\) According to the Centers for Disease Control and
Prevention's model scenarios, without a strong public health
intervention, the current outbreak could become larger than
the outbreak in West Africa from 2014 to 2016 in which more
than 11,000 people died.
\(4\) Despite the need for continued reforms, the World
Health Organization serves as the principal international
body for disease surveillance, outbreak response
coordination, and public health information sharing.
\(5\) Participation in the World Health Organization enhances
the ability of the United States to monitor emerging
infectious diseases, coordinate with international partners,
and protect the health of the American people.
\(6\) On January 20, 2025, President Trump initiated the
withdrawal of the United
States from the World Health Organization through Executive
Order 14155 \(90 Fed. Reg. 8361\), which was completed on
January 22, 2026.
\(7\) In previous public health emergencies of international
concern, the United States has consistently communicated with
representatives of the World Health Organization, other
multilateral health agencies, and the governments of other
countries to ensure United States global health funding was
targeted, coordinated, and efficient.
\(c\) Participation in the World Health Organization.—The
President, in coordination with the Secretary of State,
shall—
\(1\) take all necessary steps for the United States to
rejoin the World Health Organization not later than 30 days
after the date of the enactment of this Act; and
\(2\) immediately collaborate with the World Health
Organization to respond to the Ebola Disease outbreak in
Central and Eastern Africa.
\(d\) Authorization of Appropriations.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section, including—
\(1\) paying assessed contributions and any other financial
obligations to restore United States membership in the World
Health Organization; and
\(2\) supporting the response effort of the World Health
Organization and other United Nations entities to the Ebola
Disease epidemic in Central and Eastern Africa, including
through voluntary contributions and programmatic support, in
order to prevent global transmission of the virus, including
transmission to the people and territory of the United
States.
SA 6484. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. SEMICONDUCTOR DIPLOMACY STRATEGY.
\(a\) Short Title.—This section may be cited as the
“Semiconductor Diplomacy Strategy Act”.
\(b\) Definitions.—In this section:
\(1\) Advanced semiconductor.—The term “advanced
semiconductor” means an integrated circuit, computer, or
other product classified under Export Control Classification
Number 3A090, 4A090, related .z Export Control Classification
Numbers, or any other functionally equivalent or
substantially similar item.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate; and
\(C\) the Committee on Foreign Affairs of the House of
Representatives.
\(3\) Foreign country of concern.—The term “foreign country
of concern” has the meaning given the term “covered
nation” in section 4872\(f\) of title 10, United States Code
\(c\) Strategy.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 2 years, the Secretary of State shall submit a
strategy to the appropriate congressional committees that
describes the Department of State's plan to counter illicit
access by foreign countries of concern to advanced
semiconductors.
\(2\) Elements.—The strategy required under paragraph \(1\)
shall—
\(A\) identify countries functioning as hubs for data centers
operated or utilized by entities affiliated with foreign
countries of concern for the purpose of remotely accessing
computing power that could not lawfully be exported to, or
located within, a foreign country of concern;
\(B\) identify countries functioning as hubs for the
smuggling or transshipment of advanced semiconductors that
cannot otherwise be legally exported to, or located within, a
foreign country of concern; and
\(C\) present a diplomatic engagement plan—
\(i\) to reduce the illicit transshipment or smuggling of
advanced semiconductors; and
\(ii\) to reduce the number of countries operating as hubs
for remote access by foreign countries of concern to
otherwise restricted computing power; and
\(D\) identify barriers or limits to implementing the
diplomatic engagement plan described in subparagraph \(C\).
\(3\) Form of strategy.—The strategy required under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
SA 6485. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. GRANTS TO UNITED STATES AGENCY FOR GLOBAL MEDIA
BROADCASTERS.
Section 305 of the United States International Broadcasting
Act of 1994 \(22 U.S.C. 6204\) is amended by adding at the end
the following:
“\(d\) Grants Required.—
“\(1\) In general.—Pursuant to the authority under
subsection \(a\)\(5\), the Chief Executive Officer shall award
annual grants to Radio Free Europe/Radio Liberty, Radio Free
Asia, and the Middle East Broadcasting Networks to enable
such entities to carry out the purposes specified in this
Act.
“\(2\) Grant agreements.—Grants required under paragraph
\(1\) shall be awarded pursuant to grant agreements between the
Chief Executive Officer and the respective entities that—
“\(A\) require grant funds to be used for activities that
the Boards of Directors of such entities determine are
consistent with their respective bylaws and the purposes
specified in this Act and other Acts of Congress;
“\(B\) require such entities to comply with the requirements
of this Act and other Acts of Congress; and
“\(C\) do not require such entities to comply with
requirements other than those specified in this Act and other
Acts of Congress.
“\(3\) Source of funds.—Grants required under paragraph \(1\)
shall be made with funds appropriated or allocated for each
of the entities referred to in such paragraph under the
headings \`International Broadcasting Operations' and
\`Broadcasting Capital Improvements' or any successor accounts
appropriated for such purposes.
“\(4\) Use of funds.—Grant funds awarded under paragraph
\(1\) may be used by the entities referred to in such paragraph
purposes specified in this Act.
“\(5\) Inapplicability of other limitations.—Any otherwise
applicable limitations on the purposes for which funds
appropriated may be used shall not apply to grant funds
awarded to the entities referred to in paragraph \(1\).
“\(6\) Timely disbursement of appropriations.—Not later
than 30 days after the date of the enactment of the relevant
appropriations Act, the Chief Executive Officer shall execute
grant agreements, obligate and disburse in full the amounts
appropriated by Congress for Radio Free Europe/Radio Liberty,
Radio Free Asia, and the Middle East Broadcasting Networks.
“\(7\) Congressional notification.—
“\(A\) Defined term.—In this paragraph, the term \`major
grant modification' means any action that materially alters
the amount, duration, scope, terms, conditions, governance
structure, personnel authorities, or operational independence
of a grantee.
“\(B\) In general.—Not later than 90 days after any
proposed major grant modification under this subsection, the
Chief Executive Officer shall submit a report identifying
such proposed major grant modification and containing a list
of the proposed changes to the Committee on Foreign Relations
of the Senate, the Committee on Appropriations of the Senate,
the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives.
“\(C\) Contents.—Each report required under subparagraph
\(B\) shall include—
“\(i\) a detailed accounting of the proposed major grant
modifications;
“\(ii\) a rationale for each of the proposed major grant
modifications; and
“\(iii\) an explanation of how proposed changes will not
interfere with the broadcasters' professional independence
and integrity.
“\(D\) Limitation.—No proposed major grant modification may
take effect before the date that is 90 days after the
submission of the report required under subparagraph \(B\).
“\(8\) Limitation on major grant modifications.—In addition
to the other requirements under this Act, the Chief Executive
Officer may not withhold funding, materially reduce funding,
or materially condition a grant required under this
subsection without first submitting a written determination,
with relevant supporting documentation, to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that the recipient of
such grant has materially violated a provision of this Act or
a provision of any other Act of Congress.
“\(9\) Limitation on grant terminations.—In addition to the
other requirements under this Act, the Chief Executive
Officer may not terminate or suspend a grant required under
this subsection without—
“\(A\) the approval of 2/3 of the members of the
International Broadcasting Advisory Board; and
“\(B\) the prior submission of a written determination, with
relevant supportive evidence, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives demonstrating that the
recipient of such grant has materially violated a provision
of this Act or a provision of another Act of Congress.
“\(10\) Private fundraising.—Radio Free Europe/Radio
Liberty, Radio Free Asia, and the Middle East Broadcasting
Networks may
each accept funds from non-Federal sources if such funds are
vetted and approved by the grantee's Board of Directors.”.
SA 6486. Mrs. SHAHEEN \(for herself, Mr. Tillis, Mr. Kaine, Ms. Slotkin, Mr. Coons, and Ms. Rosen\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. LIMITATION ON USE OF FUNDS TO SUPPORT VISIT BY
PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA TO
THE UNITED STATES.
\(a\) In General.—None of the amounts authorized to be
appropriated or otherwise made available by this or any other
Act may be used to support a visit of the President of the
People's Republic of China to the United States until the
date on which—
\(1\) Congress is formally notified of the pending United
States sales of defense articles and defense services to
Taiwan described in subsection \(b\); and
\(2\) a letter of offer and acceptance for such sale has been
concluded between the appropriate officials of Taiwan and the
United States.
\(b\) Pending United States Sales of Defense Articles and
Defense Services to Taiwan Described.—The pending United
States sales of defense articles and defense services to
Taiwan described in this subsection are sales corresponding
with the following case numbers, as of January 15, 2026:
\(1\) RSAT Case number 26-AD.
\(2\) RSAT case number 26-AO.
\(3\) RSAT 26-AQ.
\(4\) RSAT 26-AN.
SA 6487. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Degrading Houthi Networks
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Degrading Houthi
Networks in the Horn of Africa”.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that degrading the Houthis
support networks in the Horn of Africa is within the national
security interests of the United States and will further
degrade Iran's proxy terrorist network.
SEC. 1273. DEFINED TERM.
In this subtitle, the term “appropriate congressional
committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1274. STRATEGY ON COUNTERING HOUTHI SMUGGLING NETWORKS
IN THE HORN OF AFRICA.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
collaboration with the heads of other relevant Federal
departments and agencies, shall—
\(1\) develop a strategy for identifying, degrading, and
countering smuggling networks in the Horn of Africa that
provide material and financial support for the Houthis;
\(2\) submit a copy of such strategy to the appropriate
congressional committees; and
\(3\) initiate the implementation of such strategy.
\(b\) Elements.—The strategy required under subsection \(a\)
shall include—
\(1\) a description of—
\(A\) the main smuggling routes utilized by the Houthis
originating from the Horn of Africa, specifically from
Somalia, Djibouti, Eritrea, or other relevant Horn of Africa
countries that have domestic entities supporting smuggling
networks for the Houthis;
\(B\) the types of materials and dual-use items which these
networks are funneling to the Houthis, specifically dual-use
components utilized in domestic weapons manufacturing; and
\(C\) which individuals, companies, or networks referred to
in subparagraph \(B\) that are subject to United States
sanctions pursuant to Executive Order 13224 \(50 U.S.C. 1701
note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism\); and
\(2\) a description of the Department of State's plans to
analyze how to best deter Houthi smuggling networks within
the Horn of Africa.
\(c\) Form.—The strategy required under subsection \(a\) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 1275. BRIEFING AND ANNUAL REPORT ON THE IMPLEMENTATION
OF THE STRATEGY TO COUNTER HOUTHI SMUGGLING
NETWORKS IN THE HORN OF AFRICA.
\(a\) Briefing Required.—Not later than 90 days after the
date on which the strategy required under section 1274 is due
to be submitted to the appropriate congressional committees,
senior officials of the Federal departments and agencies
involved in the development of such strategy shall provide a
briefing to the appropriate congressional committees that
sets forth the plan for implementing such strategy.
\(b\) Annual Report.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 5 years, the Secretary of State shall submit a
report to the appropriate congressional committees that
describes the implementation of the strategy required under
section 1274, including a description of—
\(A\) the feasibility of imposing sanctions, including the
sanctions authorized under Executive Order 13224 \(50 U.S.C.
1701 note; relating to blocking property and prohibiting
transactions with persons who commit, threaten to commit, or
support terrorism\), to counter the Houthi networks;
\(B\) the extent to which the Houthis collaborate with Al-
Qaeda in the Arabian Peninsula, Al-Shabaab, and other
regional terrorist groups; and
\(C\) how the collaborations referred to in subparagraph \(B\)
threatens the national security interests of the United
States.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in unclassified form, but may contain a classified
annex.
SA 6488. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. LIST OF INSTANCES OF POLITICAL VIOLENCE IN THE
WEST BANK.
The Secretary of State shall submit to Congress—
\(1\) a list of all instances of political violence that have
occurred in the West Bank during the period beginning on July
19, 2024, and ending on the date of the enactment of this
Act, including—
\(A\) attacks by Palestinians against Israelis; and
\(B\) attacks by Israelis, including violent extremist
settlers, against Palestinians; and
\(2\) a list of individuals involved in such attacks whose
actions may be sanctionable under existing law.
SA 6489. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. ASSESSMENT OF MILITARY COOPERATION BETWEEN EGYPT
AND THE PEOPLE'S REPUBLIC OF CHINA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the Committee on
Foreign Relations and the Committee on Armed Services of the
Senate and the Committee on Foreign Affairs and the Committee
on Armed Services of the House of Representatives an
assessment of the intentions of Egypt with respect to
military cooperation with the People's Republic of China,
which shall take into account prior military exercises over
the preceding two calendar years.
SA 6490. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, add the following:
SUBTITLE \_\_—DEMOCRACY IN GEORGIA
SEC. 12\_1. SHORT TITLES.
This subtitle may be cited as the “Mobilizing and
Enhancing Georgia's Options for Building Accountability,
Resilience, and Independence Act” or the “MEGOBARI Act”.
SEC. 12\_2. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Financial Services of the House of
Representatives.
\(2\) Georgia.—The term “Georgia” means the country of
Georgia.
\(3\) NATO.—The term “NATO” means the North Atlantic
Treaty Organization.
\(4\) Secretary.—The term “Secretary” means the Secretary
of State.
SEC. 12\_3. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) the consolidation of democracy in Georgia is critical
for regional stability and United States national interests;
\(2\) Georgia has seen significant democratic backsliding in
recent years, as evidenced by numerous independent
assessments and measures;
\(3\) the current Georgian government is increasingly hostile
towards independent domestic civil society, members of the
opposition and its chief Euro-Atlantic partners while
increasingly embracing enhanced ties with the Russian
Federation, the People's Republic of China, and other anti-
Western authoritarian regimes;
\(4\) the United States has an interest in protecting and
securing democracy in Georgia; and
\(5\) the United States's decision to suspend the- United
States-Georgia Strategic Partnership Commission on November
30, 2024, should remain in effect until the Government of
Georgia takes measures—
\(A\) to end political repressions against civil society,
media organizations, and members of the opposition and fully
restore the constitutional rights of the Georgian people; and
\(B\) to uphold its constitutional obligation to advance
Euro-Atlantic integration.
SEC. 12\_4. STATEMENT OF POLICY.
It is the policy of the United States—
\(1\) to support the constitutionally stated aspirations of
Georgia to become a member of the European Union and NATO,
which is made clear under Article 78 of the Constitution of
Georgia and is supported by the overwhelming majority of the
citizens of Georgia;
\(2\) to continue supporting the capacity of the Government
of Georgia to protect its sovereignty and territorial
integrity from further Russian aggression or encroachment
within its internationally recognized borders;
\(3\) to emphasize the importance of contributing to
international efforts—
\(A\) to combat Russian aggression, including through
restrictions on trade with Russia and the implementation and
enforcement of worldwide sanctions on Russia; and
\(B\) to reduce, rather than increase, trade ties between
Georgia and Russia;
\(4\) to continue supporting the ongoing development of
democratic values in Georgia, including free and fair
elections, freedom of association, an independent and
accountable judiciary, an independent media, public-sector
transparency and accountability, the rule of law, countering
malign influence, and anti-corruption efforts and to impose
swift consequences on individuals who are directly
responsible for leading or have directly and knowingly
engaged in leading actions of policies that significantly
undermine those standards;
\(5\) to continue to support the Georgian people and civil
society organizations that reflect the aspirations of the
Georgian people for democracy and a future with the people of
Europe;
\(6\) to continue supporting the right of the Georgian people
to freely engage in peaceful protest, determine their future,
and make independent and sovereign choices on foreign and
security policy, including regarding Georgia's relationship
with other countries and international organizations, without
interference, intimidation, or coercion by other countries or
those acting on their behalf;
\(7\) to call on all political parties, elected Members of
the Parliament of Georgia, and officers of the Ministry of
Internal Affairs of Georgia to respect the freedoms of
peaceful assembly, association, and expression, including for
the press, and the rule of law, and encourage a vibrant and
inclusive civil society;
\(8\) to call on the Government of Georgia to release all
persons detained or imprisoned on politically motivated
grounds and drop any pending charges against them;
\(9\) to call on the Government of Georgia to thoroughly
investigate all allegations emerging from the recent national
elections, which took place on October 2024, make a
determination whether the elections should be judged as
illegitimate, and hold those responsible for interference in
the elections; and
\(10\) to continue impressing upon the Government of Georgia
that the United States is committed to sustaining and
deepening bilateral relations and supporting Georgia's Euro-
Atlantic aspirations.
SEC. 12\_5. REPORTS AND BRIEFINGS.
\(a\) Report on Russian and Chinese Intelligence Assets in
Georgia.—
\(1\) Defined term.—In this section, the term “relevant
congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Select Committee on Intelligence of the Senate;
\(C\) the Committee on Armed Services of the Senate;
\(D\) the Committee on Foreign Affairs of the House of
Representatives;
\(E\) the Permanent Select Committee on Intelligence of the
House of Representatives; and
\(F\) the Committee on Armed Services of the House of
Representatives.
\(2\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Director of National Intelligence and
the Secretary of Defense, shall submit a classified report,
as appropriate, to the relevant congressional committees that
meets the requirements set forth in paragraph \(3\).
\(3\) Contents.—The report required under paragraph \(2\)
shall—
\(A\) be prepared consistent with the protection of sources
and methods;
\(B\) examine the penetration of Russian and Chinese
intelligence elements and their assets in Georgia; and
\(C\) examine the potential intersection of Russian and
Chinese influence and cooperation in Georgia.
\(b\) 5-year United States Strategy for Bilateral Relations
With Georgia.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the relevant congressional committees a detailed
strategy that—
\(A\) outlines specific objectives for enhancing bilateral
ties which reflect the current domestic political environment
in Georgia;
\(B\) includes a determination of the tools, resources, and
funding that should be available to achieve the objectives
outlined pursuant to subparagraph \(A\) and an assessment of
whether Georgia should remain a top recipient of United
States funding in the Europe and Eurasia region;
\(C\) includes a determination of the extent to which the
United States should continue to invest in its partnership
with Georgia;
\(D\) includes a plan for how the United States can continue
to support civil society and independent media organizations
in Georgia; and
\(E\) includes a determination of whether the Government of
Georgia remains committed to expanding trade ties with the
United States and Europe and whether the United States
Government should continue to invest in Georgian projects.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in unclassified form, with a classified annex.
SEC. 12\_6. SANCTIONS.
\(a\) Definitions.—In this section:
\(1\) Admission; admitted; alien.—The terms “admission”,
“admitted”, and “alien” have the meanings given such
terms in section 101 of the Immigration and Nationality Act
\(8 U.S.C. 1101\).
\(2\) Foreign person.—The term “foreign person” means any
individual or entity that is not a United States person.
\(3\) Immediate family members.—The term “immediate family
members” has the meaning given the term “immediate
relatives” in section 201\(b\)\(2\)\(A\)\(i\) of the Immigration and
Nationality Act \(8 U.S.C. 1201\(b\)\(2\)\(A\)\(i\)\).
\(4\) Knowingly.—The term “knowingly”, with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
\(5\) Unites states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person within the United States.
\(b\) Inadmissibility of Officials of Government of Georgia
and Certain Other Individuals Involved in Blocking Euro-
Atlantic Integration.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the President shall determine
whether each of the following foreign persons has knowingly
engaged in significant acts of corruption, or acts of
violence or intimidation in relation to the blocking of Euro-
Atlantic integration in Georgia:
\(A\) Any individual who, on or after January 1, 2014, has
served as a member of the Parliament of the Government of
Georgia or as a current or former senior official of a
Georgian political party.
\(B\) Any individual who is serving as an official in a
leadership position working on behalf of the Government of
Georgia, including law enforcement, intelligence, judicial,
or local or municipal government.
\(C\) Any immediate family member of an official described in
subparagraph \(A\) or a person described in subparagraph \(B\)
who benefitted from the conduct of such official or person.
\(2\) Sanctions.—The President shall impose the sanctions
described in subsection \(d\)\(2\) with respect to each foreign
person with respect to which the President has made an
affirmative determination under paragraph \(1\).
\(3\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall brief the
appropriate congressional committees with respect to—
\(A\) any foreign person with respect to which the President
has made an affirmative determination under paragraph \(1\);
and
\(B\) the specific facts that justify each such affirmative
determination.
\(4\) Waiver.—The President may waive imposition of
sanctions under this subsection, on a case-by-case basis, if
the President determines and reports to the appropriate
congressional committees that—
\(A\) such waiver would serve national security interests; or
\(B\) the circumstances which caused the individual to be
ineligible have sufficiently changed.
\(c\) Imposition of Sanctions With Respect to Undermining the
Peace, Security, Stability, Sovereignty, or Territorial
Integrity of Georgia.—
\(1\) In general.—The President may impose the sanctions
described in subsection \(d\) with respect to each foreign
person the President determines, on or after the date of the
enactment of this Act—
\(A\) is responsible for, complicit in, or has directly or
indirectly engaged in or attempted to engage in, actions or
policies, including ordering, controlling, or otherwise
directing acts that are intended to undermine the peace,
security, stability, sovereignty, or territorial integrity of
Georgia;
\(B\) is or has been a leader or official of an entity that
has, or whose members have, engaged in any activity described
in subparagraph \(A\); or
\(C\) is an immediate family member of a person subject to
sanctions for conduct described in subparagraph \(A\) or \(B\)
and benefited from the conduct of such person.
\(2\) Brief and written notification.—Not later than 10 days
after imposing sanctions on a foreign person or persons
pursuant to this subsection, the President shall brief and
provide written notification to the appropriate congressional
committees regarding the imposition of such sanctions, which
shall describe—
\(A\) the foreign person or persons subject to the imposition
of such sanctions;
\(B\) the activity justifying the imposition of such
sanctions; and
\(C\) the specific sanctions imposed on such foreign person
or persons.
\(3\) Termination of sanctions.—The President may terminate
the application of a sanction authorized under this
subsection with respect to a person if the President
certifies to the appropriate congressional committees that—
\(A\) such person is no longer engaging in the activity that
was the basis for the sanctions or has taken significant
verifiable steps toward ceasing the activity; and
\(B\) the President has received reliable assurances that
such person will not knowingly engage in the sanctionable
activity described in subparagraph \(A\) in the future.
\(d\) Sanctions Described.—The sanctions described in this
subsection are the following with respect to a foreign person
described in subsection \(b\) or \(c\), as applicable:
\(1\) Blocking of property.—Notwithstanding the requirements
under section 202 of the International Emergency Economic
Powers Act \(50 U.S.C. 1701\), the President shall exercise all
authorities granted under the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the extent
necessary to block and prohibit all transactions in property
and interests in property of the foreign person if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
\(2\) Ineligibility for visas, admission, or parole.—
\(A\) Visas, admission, or parole.—A foreign person that is
an alien shall be—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—The foreign person shall be
subject to the following:
\(i\) Revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is
or was issued.
\(ii\) A revocation under clause \(i\) shall take effect
immediately and automatically cancel any other valid visa or
entry documentation that is in the foreign person's
possession.
\(e\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection \(d\)\(2\)\(A\) or any regulation, license, or order
issued under that subsection shall be subject to the
penalties set forth in subsections \(b\) and \(c\) of section 206
of the International Economic Powers Act \(50 U.S.C. 1705\) to
the same extent as a person that commits an unlawful act
described in subsection \(a\) of that section.
\(3\) Rule of construction.—Nothing in this subtitle, or any
amendment made by this subtitle, may be construed to limit
the authority of the President to designate or sanction
persons pursuant to an applicable Executive order or
otherwise pursuant to the International Emergency Economic
Powers Act \(50 U.S.C. 1701 et seq.\).
\(f\) Rulemaking.—
\(1\) In general.—Not later than 120 days after the date of
the enactment of this Act, the President shall prescribe such
regulations as are necessary for the implementation of this
section.
\(2\) Notification to congress.—Not later than 10 days
before prescribing regulations pursuant to paragraph \(1\), the
President shall notify the appropriate congressional
committees of the proposed regulations and the provisions of
this section that the regulations are implementing.
\(g\) Briefing on Sanctions Imposed With Respect to
Activities Relating to Georgia.—
\(1\) In general.—Not later than one year after the date of
the enactment of this Act, and annually thereafter for the
following two years, the Secretary of the Treasury and the
Secretary of State, or their designees, shall jointly brief
the appropriate congressional committees regarding the status
of sanctions imposed with respect to Georgia, which shall
identify all foreign persons that, as of the date of the
briefing, have been designated or otherwise subjected to
sanctions with respect to activities related to Georgia,
including pursuant to the authority under subsection \(c\),
including—
\(A\) the dates on which any sanctions were imposed or on
which any designations were made;
\(B\) the reasons for imposing such sanctions or making such
designations; and
\(C\) the legal authority under which each sanction was
imposed or each designation was made.
\(2\) Form.—The briefing required under paragraph \(1\) may be
provided in a classified setting.
\(h\) Rule of Construction Regarding Delisting Procedures
Relating to Sanctions Authorized Under Other Provisions of
Law.—Nothing in this section may be construed to modify the
delisting procedures used by the Department of the Treasury
with respect to sanctions authorized under any other
executive order or provision of law.
\(i\) Exceptions.—
\(1\) Definitions.—In this subsection:
\(A\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(B\) Good.—The term “good” means any article, natural or
man-made substance, material, supply, or manufactured
product, including inspection and test equipment and
excluding technical data.
\(C\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(D\) Medicine.—The term “medicine” has the meaning given
the term “drug” in section 201 of the Federal Food, Drug,
and Cosmetic Act \(21 U.S.C. 321\).
\(2\) Exceptions.—
\(A\) Exception for intelligence and law enforcement
activities.—Sanctions under this section shall not apply
with respect to activities subject to the reporting
requirements under title V of the National Security Act of
1947 \(50 U.S.C. 3091 et seq.\) or to carry out or assist any
authorized intelligence or law enforcement activities of the
United States.
\(B\) Exception to comply with international obligations.—
Sanctions under this section shall not apply with respect to
a foreign person if admitting or paroling the person into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
\(C\) Humanitarian assistance.—Sanctions under this section
shall not apply to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, or humanitarian assistance, or for
humanitarian purposes; or
\(ii\) transactions that are necessary for, or related to,
the activities described in clause \(i\).
\(j\) Exception Relating to Importation of Goods.—The
requirement to block and prohibit all transactions in all
property and interests in property under this section shall
not include the authority or a requirement to impose
sanctions on the importation of goods.
SEC. 12\_7. ADDITIONAL ASSISTANCE WITH RESPECT TO GEORGIA.
\(a\) In General.—Upon submission to Congress of the
certification described in subsection \(c\)—
\(1\) the Secretary of State should seek to further enhance
people-to-people contacts, academic, law enforcement, and
technical assistance between the United States and Georgia;
and
\(2\) the President, in consultation with the Secretary of
Defense and the Secretary of State, should maintain military
cooperation with Georgia if it is in the national security
interests of the United States.
\(b\) Sense of Congress.—It is the sense of Congress that,
after the submission of the certification described in
subsection \(c\), if the Government of Georgia takes steps to
realign itself with its Euro-Atlantic agenda, including
significant changes to the foreign influence law and related
laws, the end of harassment of civil society and independent
media, and the release of all political prisoners, the
President should take steps to improve the bilateral
relationship between the United States and Georgia, including
actions to bolster Georgia's ability to deter threats from
Russia and other malign actors.
\(c\) Certification Described.—The certification described
in this subsection is a certification submitted by the
President to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives that
Georgia has shown significant and sustained progress towards
reinvigorating its democracy and advancing its Euro-Atlantic
integration.
SEC. 12\_8. SUNSET.
The provisions of this subtitle shall cease to have any
force or effect beginning on the date that is 5 years after
the date of the enactment of this Act.
SA 6491. Mrs. SHAHEEN \(for herself and Mr. Curtis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Critical Minerals Partnership Act of 2026
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Critical Minerals
Partnership Act of 2026”.
SEC. 1282. DEFINITIONS.
In this subtitle:
\(1\) Critical mineral.—The term “critical mineral” has
the meaning given the term in section 7002 of the Energy Act
of 2020 \(30 U.S.C. 1606\).
\(2\) FORGE.—The term “FORGE” means the Forum on Resource
Geostrategic Engagement, established on February 4, 2026, as
a successor to the Minerals Security Partnership.
SEC. 1283. STATEMENT OF POLICY ON CRITICAL MINERAL SUPPLY
CHAINS.
It is the policy of the United States—
\(1\) to collaborate with allies and partners of the United
States to responsibly build secure and resilient critical
minerals supply chains, including in the mining, processing,
reclamation and recycling, and valuation of critical
minerals;
\(2\) to prioritize the development and production of
critical mineral resources domestically, including through
improvement of systems for collecting and recycling critical
minerals from used and discarded goods or equipment, both to
supply domestic needs and for export to allies and partners
that participate in secure and resilient supply chains for
critical minerals;
\(3\) to reduce or eliminate reliance and dependence on
critical mineral supply chains controlled by the People's
Republic of China, the Russian Federation, Iran, or any other
adversary of the United States;
\(4\) to work with allies and partners on enhancing
evaluation capability and technology in trusted countries
that produce critical minerals to avoid the export of
critical minerals, or products or components that are
dependent on critical minerals, that are controlled by
adversaries of the United States;
\(5\) to identify and implement market-based incentives for
the purposes of facilitating the creation and maintenance of
secure and resilient critical mineral supply chains,
including for reclamation and recycling of critical mineral
resources from waste streams, in collaboration with allies
and partners;
\(6\) to prioritize securing critical mineral supply chains
in United States foreign policy, including through the use of
economic tools to invest responsibly in projects in partner
countries in a manner that both benefits local populations
and bolsters the supply of critical minerals to the United
States and allies and partners of the United States; and
\(7\) that collaboration with allies and partners to build
secure and resilient critical mineral supply chains shall not
replace United States efforts to increase domestic
development and production or recycling of critical minerals.
SEC. 1284. INTERNATIONAL NEGOTIATIONS RELATING TO PROTECTING
CRITICAL MINERAL SUPPLY CHAINS.
\(a\) In General.—The President is authorized to negotiate
an agreement with international partners for the purposes of
establishing a coalition—
\(1\) to facilitate—
\(A\) the mining, processing, recycling, and enhanced access
to the supply of critical minerals; and
\(B\) advanced manufacturing that relies on the practical
application of critical minerals; and
\(2\) to secure an adequate supply of critical minerals and
relevant products, manufacturing inputs, and components that
are heavily dependent on critical mineral resource inputs for
the United States and other members of the coalition \(in this
section referred to as “member countries”\).
\(b\) Negotiating Objectives.—The overall objectives for
negotiating an agreement described in subsection \(a\) should
be—
\(1\) to establish mechanisms for member countries to build
secure and resilient supply chains for critical minerals,
including in—
\(A\) the mining, refinement, reclamation and recycling,
processing, and valuation of critical minerals; and
\(B\) advanced manufacturing of products, components, and
materials that are dependent on critical minerals;
\(2\) to improve economies of scale and joint cooperation
with international partners in securing access and means of
production throughout the supply chains of critical minerals
and manufacturing processes dependent on critical minerals;
\(3\) to establish mechanisms, with appropriate market-based
disciplines, that provide and maintain opportunities among
member countries for creating industry economies of scale to
attract joint investment among those countries, including—
\(A\) cooperation on joint projects, including cost-sharing
on building appropriate infrastructure to access deposits of
critical minerals; and
\(B\) creation or enhancement of national and international
programs to support the development of robust industries by
providing appropriate sector-specific incentives, such as
political risk and other insurance opportunities, financing,
and other support, for—
\(i\) mining and processing critical minerals;
\(ii\) manufacturing of products, components, and materials
that are dependent on critical minerals and are essential to
consumer technology products or have important national
security implications;
\(iii\) building capacities and creating incentives for
recovering used, spent, or discarded equipment and consumer
goods containing critical minerals to be safely handled and
recycled; and
\(iv\) associated transportation needs that are tailored to
the handling, movement, and logistics management of critical
minerals and products, components, and materials that are
dependent on critical minerals;
\(4\) to establish market-based rules for member countries
regarding adoption of qualifying tax and other incentives to
stimulate investment, as balanced by market-based disciplines
to ensure a fair playing field among those countries;
\(5\) to establish recommended best practices to protect—
\(A\) labor rights;
\(B\) the natural environment and ecosystems near critical
mineral industrial sites;
\(C\) safety of communities near critical mineral industrial
activities; and
\(D\) supplier diversity;
\(6\) to advance economic growth in developing countries with
critical mineral reserves and capacities for the recovery and
recycling of critical minerals, including for the benefit of
the citizens of those countries;
\(7\) to establish rules allowing for the establishment of a
consortium that is resourced and empowered to bid and compete
in acquiring and securing potential deposits of critical
minerals in countries that are not members of the coalition
described in subsection \(a\) \(in this section referred to as
“nonmember countries”\);
\(8\) to establish a mechanism for joint resource mapping
with procedures for equitable sharing of information on
potential deposits of critical minerals not less frequently
than annually;
\(9\) to establish mechanisms for member countries to
recognize and address environmental and related harms caused
by mining operations within the territory of a member
country; and
\(10\) to improve supply chain security among member
countries by providing for national treatment investment
protections among those countries that are equal to, or
better than, the standards in the United States model
bilateral investment treaty.
\(c\) Congressional Consultations Required.—In the course of
negotiations described in subsection \(a\), the Secretary shall
consult closely and on a timely basis with, and keep fully
apprised of the negotiations, the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.
\(d\) Rule of Construction.—Nothing in this section shall be
construed to alter United States domestic law, standards, or
processes applicable to critical minerals.
SEC. 1285. AUTHORIZATION OF FORUM ON RESOURCE GEOSTRATEGIC
ENGAGEMENT.
\(a\) In General.—The Secretary of State, acting through the
Under Secretary of State for Economic Growth, Energy, and the
Environment, is authorized to lead United States
participation in FORGE, for the following purposes:
\(1\) To identify and support investment and advocate for
commercial critical mineral mining, processing, and refining
projects that enable robust and secure critical mineral
supply chains, in consultation with other Federal agencies,
as appropriate.
\(2\) To coordinate with relevant regional bureaus to develop
regional diplomatic engagement strategies related to critical
minerals projects and to identify projects that are
priorities.
\(3\) To coordinate with United States missions abroad on
projects, programs, and investments that enable robust and
secure critical mineral supply chains.
\(4\) To coordinate with current and prospective members of
FORGE.
\(5\) To establish a mechanism for information-sharing with
members of FORGE.
\(6\) To establish policies and procedures, and if necessary,
to provide funding to facilitate cooperation on joint
projects with members of FORGE and the successor to the
Minerals Security Forum, including those related to cost-
sharing agreements, political
risk insurance, financing, equity investments, and other
support, in coordination with other Federal agencies, as
appropriate.
\(7\) If an agreement described in section 1284 is entered
into, to support the establishment of the coalition described
in that section.
\(b\) Database.—As part of the FORGE initiative, the
Secretary, acting through the Under Secretary, is authorized
to establish and maintain a database of FORGE projects for
the purpose of providing high quality and up-to-date
information to the private sector and, at the discretion of
the Under Secretary, to members of FORGE, in order to spur
greater investment, increase the resilience of global
critical minerals supply chains, and boost United States
supply.
\(c\) Qualifications for Personnel.—With respect to staffing
personnel to carry out FORGE, the Secretary shall prioritize
individuals with the following qualifications:
\(1\) Substantive knowledge and experience in issues related
to critical minerals supply chain and their application to
strategic industries, including in the defense, energy, and
technology sectors.
\(2\) Substantive knowledge and experience in large-scale
multi-donor project financing and related technical and
diplomatic arrangements, international coalition-building,
and project management.
\(3\) Substantive knowledge and experience in trade and
foreign policy, defense industrial base policy, or national
security-sensitive supply chain issues.
\(d\) Private Sector Coordination.—The Secretary shall
ensure close coordination between the Department of State,
the private sector, and relevant civil society groups on the
implementation of this section.
\(e\) Project Selection.—
\(1\) In general.—The United States, through its
participation in FORGE, shall prioritize projects that
advance the national and economic security interests of the
United States and allies and partners of the United States.
\(2\) Criteria requirements.—The United States should
advocate for FORGE to use environmental, human rights, and
anticorruption standards, including as criteria for project
selection, that are consistent with United States law or
international agreements approved by Congress.
SEC. 1286. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL
NICKEL STUDY GROUP.
\(a\) United States Membership.—The President is authorized
to accept the Terms of Reference of and maintain membership
of the United States in the International Nickel Study Group.
\(b\) Payments of Assessed Contributions.—For fiscal year
2026 and thereafter, the United States assessed contributions
to the International Nickel Study Group may be paid from
funds appropriated for “Contributions to International
Organizations”.
SEC. 1287. REPORT ON CRITICAL MINERAL SUPPLY CHAINS AND
DIPLOMATIC TOOLS.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall submit to the appropriate congressional
committees a report on priority critical minerals and
existing diplomatic tools for advancing the critical minerals
policies of the United States.
\(b\) Elements.—The report required by subsection \(a\)
shall—
\(1\) identify, as priority critical minerals, minerals—
\(A\) that are essential inputs into products critical for
national security; and
\(B\) the supply of which are highly concentrated in or
controlled by one country;
\(2\) assess the key opportunities and challenges related to
each priority critical mineral identified under paragraph
\(1\);
\(3\) describe the financial, commercial, and development
assistance tools and resources available to advance the
critical mineral policies of the United States;
\(4\) describe mechanisms of the United States Government
available as of the date of the enactment of this Act to
support diplomatic efforts, including FORGE, to promote the
diversification of critical mineral supply chains; and
\(5\) identify the key multilateral institutions engaged on
critical mineral issues and describe the participation of the
United States in those institutions.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
\(2\) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1288. UNITED STATES DIPLOMATIC STRATEGY FOR SECURING
CRITICAL MINERALS.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other relevant Federal
agencies, shall develop a strategy for securing the supply
chains of a diverse set of critical minerals.
\(b\) Elements.—The strategy required by subsection \(a\)
shall—
\(1\) include—
\(A\) a review of the roles and responsibilities of offices
and positions within the Department of State engaged, as of
the date of the enactment of this Act, in efforts to secure
critical mineral supply chains; and
\(B\) processes to ensure that those offices coordinate and
deconflict those efforts;
\(2\) leverage utilization of United States financial,
commercial, and development assistance tools and resources to
advance the critical mineral policies of the United States;
\(3\) include targeted engagement plans for both countries
that are allies and partners of the United States and
countries with significant proven and estimated deposits of
or processing capacity for minerals critical to national
security interests, including utilizing whole-of-government
tools and resources to support those countries beyond
critical mineral projects;
\(4\) provide for coordination with relevant Federal agencies
to consider restrictions on imports of critical minerals to
address both price volatility and incentivize sourcing from
trusted suppliers;
\(5\) strengthen collaboration with countries that are allies
and partners of the United States, and leverage the
participation of the United States in the key multilateral
institutions engaged on critical mineral issues, in order to
diversify the United States supply chain of critical minerals
and encourage the participation of the United States in
international boards, projects, and standard-making bodies;
\(6\) extend the diplomatic and commercial advocacy support
of the United States to private sector entities throughout
critical mineral supply chains; and
\(7\) facilitate coordination with countries that are allies
and partners of the United States—
\(A\) to identify best practices and develop coordinated
standards for critical mineral projects;
\(B\) to protect against inhumane labor practices; and
\(C\) to minimize adverse environmental and social impacts
from the critical minerals supply chain.
\(c\) Briefing Required.—Not later than 210 days after the
date of the enactment of this Act, the Secretary shall brief
the appropriate congressional committees on the strategy
developed under subsection \(a\).
\(d\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
\(2\) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1289. ESTABLISHMENT OF DIPLOMATIC TOOL TO SUPPORT UNITED
STATES PRIVATE SECTOR CRITICAL MINERAL PROJECTS
ABROAD.
\(a\) Sense of Congress.—It is the sense of Congress that
United States private sector entities competing for critical
mineral projects abroad need support from the United States
Government.
\(b\) Support.—The Secretary of State shall identify an
appropriate official or office of the Department of State to
establish a mechanism and process for the United States to
provide support for critical mineral projects abroad. Such
support may include—
\(1\) a mechanism for certifying that critical mineral
projects uphold labor rights and minimize environmental
impacts; and
\(2\) a process for United States private sector entities to
engage with United States embassies in foreign countries for
support when pursuing critical mineral projects in such
countries.
SA 6492. Mrs. SHAHEEN \(for herself and Mr. Cruz\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. VERTICAL GAS CORRIDOR ENERGY INFRASTRUCTURE
COOPERATION.
\(a\) Authorization.—The Secretary of State, in coordination
with the Secretary of Energy, is authorized to enter into
cooperative agreements to support and enhance dialogue and
plan international partnerships between the United States and
Greece, Bulgaria, Romania, Hungary, Slovakia, Moldova,
Serbia, North Macedonia, Ukraine, Poland, and other relevant
countries, to advance the development of the Vertical Gas
Corridor, facilitate United States energy exports and support
diversification from Russian energy sources.
\(b\) Energy Cooperation With Ukraine.—The Secretary of
State, in coordination with the Secretary of the Energy, is
authorized to utilize the Vertical Gas Corridor project to
support the integration of Ukraine's natural gas transmission
and storage infrastructure into regional energy markets and
post-conflict reconstruction efforts. Such support should
include exploring opportunities to leverage cooperation with
Ukraine in transmission and energy storage infrastructure to
reduce the reliance on Russian coal and natural gas and
deliver affordable energy solutions across Central and
Eastern Europe.
\(c\) United States-European Energy Diversification Center.—
Not later than one
year after the date of the enactment of this Act, the
Secretary of State, in coordination with the Secretary of
Energy, may establish a joint United States-European Energy
Diversification Center in the United States to leverage the
experience, knowledge, and expertise of institutions of
higher education, entities in the private sector, and
relevant foreign governments and bodies, among other
entities, for the purpose of furthering dialogue and
collaboration on long-term energy diversification and
infrastructure projects to enhance energy resilience in
Europe. Such establishment should include broadening the
Vertical Gas Corridor to include related clean energy,
electricity, telecommunication and data connectivity
infrastructure projects and also consider coordination with
regional and European Union officials on any necessary
regulatory and permitting actions to facilitate enhanced
energy trade. The Center may model the Eastern Mediterranean
Energy Center authorized in section 204 of the Eastern
Mediterranean Security and Energy Partnership Act of 2019
\(title II of division J of Public Law 116-94; 133 Stat.
3051\).
\(d\) Annual Reports.—If the Secretary of State, in
coordination with the Secretary of Energy, enters into
agreements authorized under subsection \(a\), the Secretary of
State and the Secretary of Energy shall submit an annual
report to the appropriate congressional committees that
describes—
\(1\) actions taken to implement such agreements;
\(2\) any projects undertaken pursuant to such agreements;
\(3\) procurement practices related to projects, including
certification that open, fair, competitive, and transparent
procedures were used in advancing any such agreements or
projects;
\(4\) efforts undertaken by participating countries to reduce
dependence on Russian-origin energy commodities;
\(5\) any United States funds or technical assistance
provided by the United States to facilitate the cooperative
agreement and its implementation; and
\(6\) any efforts to coordinate with the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the Export-Import Bank,
and other relevant Federal agencies on projects that support
any agreement.
\(e\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations of the Senate;
\(2\) the Committee on Foreign Affairs of the House of
Representatives;
\(3\) the Committee on Energy and Natural Resources of the
Senate;
\(4\) the Committee on Natural Resources of the House of
Representatives; and
\(5\) the Committee on Energy and Commerce of the House of
Representatives.
SA 6493. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle \_—Countering Adversarial Propaganda
SEC. \_1. ANNUAL REPORT ON FOREIGN MALIGN INFLUENCE
ACTIVITIES.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for five
years, the President, in coordination with the heads of
relevant departments and agencies, shall submit to Congress a
report that includes the following:
\(1\) An assessment of the threats posed by foreign malign
influence activities targeting the United States or its
allies and partners conducted by the Russian Federation, the
People's Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, and the Republic of
Cuba.
\(2\) A description of significant foreign malign influence
activities by foreign adversaries identified during the
preceding year, including activities conducted through—
\(A\) coordinated inauthentic behavior, adversarial
propaganda, and malign influence campaigns;
\(B\) cyber-enabled information operations;
\(C\) cognitive, psychological, or behavioral influence
activities;
\(D\) covert, proxy, or state-sponsored media operations; and
\(E\) artificial intelligence-enabled capabilities, including
generative artificial intelligence systems, synthetic media,
deepfakes, automated content generation, and other emerging
technologies.
\(3\) An assessment of significant incidents undertaken by
foreign adversaries during the preceding year involving
foreign-sponsored influence operations targeting democratic
institutions, elections, government decision-making, critical
infrastructure, public opinion, or societal cohesion in the
United States and allied and partner nations.
\(4\) An analysis of emerging trends, tactics, techniques,
and procedures employed by foreign adversaries to conduct
foreign malign influence activities, including the
integration of artificial intelligence, cyber capabilities,
proxy networks, state-owned media, and other instruments of
national power.
\(5\) An assessment of vulnerabilities within the United
States and allied nations that may be exploited by foreign
malign influence campaigns.
\(6\) An evaluation of the effectiveness of United States
Government efforts to identify, expose, deter, counter, and
mitigate foreign malign influence activities.
\(7\) A description of coordination among relevant
departments and agencies.
\(8\) Recommendations for legislative, diplomatic,
informational, intelligence, economic, technological, or
other actions necessary to counter existing and emerging
foreign malign influence threats.
\(b\) Form.—
\(1\) In general.—Each report required by subsection \(a\)
shall be submitted in unclassified form, but may include a
classified annex.
\(2\) Public availability.—The unclassified portion of each
report required by subsection \(a\) shall be made publicly
available on an internet website of the Federal Government
not later than 30 days after submission to Congress.
SEC. \_2. ESTABLISHMENT OF ADVERSARIAL PROPAGANDA WATCHER
PROGRAM.
\(a\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State shall
establish a program, to be known as the “Adversarial
Propaganda Watchers Program”, within the Department of State
to strengthen the capacity of the United States to monitor,
expose, and respond to efforts by foreign malign actors to
manipulate local information environments in a manner
contrary to the interests of the United States and partner
governments.
\(b\) Functions.—The Adversarial Propaganda Watchers Program
shall—
\(1\) identify, monitor, and analyze foreign malign
operations conducted by the Russian Federation, the People's
Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, and the Republic of
Cuba;
\(2\) strengthen the capacity of the United States Government
to engage with host governments, other partner governments,
and regional and international organizations and institutions
to coordinate responses to adversarial propaganda,
coordinated inauthentic behavior, and malign influence
operations; and
\(3\) support capacity-building for partner countries,
including through nongovernmental entities, to detect and
respond to adversarial propaganda, coordinated inauthentic
behavior, and malign influence operations.
\(c\) Placement.—In carrying out the Adversarial Propaganda
Watchers Program, the Secretary of State shall place officers
in select United States diplomatic and consular posts in
high-risk partner countries who have sufficient subject
matter expertise, language skills, and training to
effectively carry out the functions described in subsection
\(b\).
SA 6494. Mrs. SHAHEEN \(for herself and Mr. Grassley\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Exchange Stabilization Fund Transparency Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Exchange Stabilization
Fund Transparency Act”.
SEC. 1282. DEFINITIONS.
In this subtitle:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
\(2\) Exchange stabilization fund.—The term “Exchange
Stabilization Fund” means the stabilization fund established
under section 5302\(a\) of title 31, United States Code.
\(3\) Foreign entity.—The term “foreign entity” means an
entity that is not organized under the laws of the United
States or any jurisdiction within the United States.
\(4\) Government of a foreign country.—The term “government
of a foreign country”—
\(A\) means—
\(i\) any subdivision, agency, or instrumentality of that
government; and
\(ii\) any entity owned or controlled by that government; and
\(B\) includes a central bank of the foreign country.
SEC. 1283. LIMITATION ON USE OF EXCHANGE STABILIZATION FUND
TO AID FOREIGN COUNTRIES.
\(a\) Notification Required.—Not less than 24 hours before
the Secretary of the Treasury commits to providing assistance
to a foreign entity or the government of a foreign country
using the Exchange Stabilization Fund, including through the
establishment of currency swap lines, the purchase of local
currency or sovereign debt of a foreign country, or the
extension of any credit instrument, the Secretary, in
consultation with the Secretary of State as appropriate,
shall submit to the appropriate committees of Congress a
notification of the intention to provide that assistance.
\(b\) Elements.—A notification submitted to the appropriate
committees of Congress under subsection \(a\) with respect to
assistance to be provided to a foreign entity or the
government of a foreign country shall, to the extent such
information is available, include—
\(1\) a detailed description of the nature, amount, duration,
and specific terms of the assistance;
\(2\) a detailed description of why providing the assistance
advances the national interests of the United States,
including—
\(A\) an explanation of whether the economy of the foreign
country is important to the United States or global economy
or financial system and, if so, why; and
\(B\) an assessment of the impact of not providing the
assistance;
\(3\) a detailed description of engagement the United States
Government has undertaken as of the date of the notification,
or is planning to undertake, with the International Monetary
Fund and other international financial institutions, the
private sector, and the governments of countries that are
partners of the United States to provide financial assistance
to the foreign country;
\(4\) any risk assessment for the foreign country prepared by
agencies of the United States Government relating to the
provision of the assistance and the associated interest
premium and an explanation of how the risk assessment
affected the decision to use the Exchange Stabilization Fund;
\(5\) an assessment of the impact that providing the
assistance will have on reserves within the Exchange
Stabilization Fund, including on reserves of United States
dollars, foreign currencies, and Special Drawing Rights;
\(6\) a statement of any conditions that the United States
Government is imposing on use of the assistance with respect
to—
\(A\) increasing the likelihood of repayment; and
\(B\) the fiscal or economic policies of the foreign country;
\(7\) an explanation for why the conditions described in
paragraph \(6\) were imposed or, if no such conditions were
imposed, an explanation for why not;
\(8\) an assessment of the expected repayment to the United
States of the assistance and the likelihood that the
government of the foreign country will default on its
international obligations following the provision of the
assistance;
\(9\) a timeline agreed to for repayment of the assistance,
if applicable;
\(10\) a description of any other safeguards put in place to
protect United States taxpayer resources; and
\(11\) if any information required by paragraphs \(1\) through
\(10\) to be included in the notification is unavailable at the
time of the submission of the notification, an estimate, not
to exceed 14 days, of when that information will be provided
to the appropriate committees of Congress.
\(c\) Notification Update.—The Secretary of the Treasury
shall provide to the appropriate committees of Congress in
writing any information relating to providing assistance
described in subsection \(a\) that was not available at the
time the Secretary submitted the notification required by
that subsection on the earlier of—
\(1\) the date that is 14 days after the Secretary commits to
using the Exchange Stabilization Fund to provide the
assistance; or
\(2\) the first date on which the Secretary has used at least
$500,000,000 from the Exchange Stabilization Fund to provide
the assistance.
\(d\) Form of Notification.—The information required by
subsections \(b\) and \(c\) shall be submitted in unclassified
form, but may include a classified annex as necessary to
protect sensitive information if an explanation is provided
for why the information is required to be classified.
\(e\) Briefing Required.—Not later than 7 days after the
Secretary of the Treasury commits to using the Exchange
Stabilization Fund to provide assistance described in
subsection \(a\) or otherwise significantly intervenes in
international financial markets, including through the
substantial purchase of foreign currency, the Secretary, in
consultation with the Secretary of State as appropriate,
shall provide a briefing to the appropriate committees of
Congress.
\(f\) Retroactive Transparency.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with the Secretary of State as
appropriate, shall submit to the appropriate committees of
Congress a report that includes, for each instance in which
assistance described in subsection \(a\) was provided to a
foreign entity or the government of a foreign country during
the 4-year period preceding such date of enactment—
\(1\) all of the information required, by paragraphs \(1\)
through \(10\) of subsection \(b\), to be included in a
notification submitted under subsection \(a\);
\(2\) a copy of any and all written agreements between the
United States and the foreign entity or the government of the
foreign country, as the case may be, related to the
assistance;
\(3\) a description of the status of the assistance,
including whether the assistance is ongoing or has
terminated; and
\(4\) a determination of whether additional assistance using
the Exchange Stabilization Fund is likely to be required by
the foreign entity or the government of the foreign country,
as the case may be, in the 2-year period following such date
of enactment.
SEC. 1284. MODIFICATION OF EXISTING EXCHANGE STABILIZATION
FUND DISCLOSURE.
Any information provided to a committee of Congress under
section 5302\(c\)\(1\) of title 31, United States Code, relating
to an agreement or transaction with a foreign entity or the
government of a foreign country shall also be provided to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House.
SA 6495. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12\_\_. AUTHORIZATION FOR DIRECT LOANS AND LOAN GUARANTEES
FOR UKRAINE F-16 FIGHTER JETS.
\(a\) Authorization.—The Secretary of State is authorized to
provide to Ukraine direct loans or loan guarantees for the
purpose of financing the procurement of not fewer than 24 new
F-16 fighter aircraft and related defense services pursuant
to section 23 of the Arms Export Control Act \(22 U.S.C.
2763\).
\(b\) Loan Rate and Repayment Authority.—The Secretary of
State is authorized to establish the rate of interest,
repayment schedule, and repayment terms applicable to direct
loans authorized under subsection \(a\).
\(c\) Conditions and Limitations.—Except as authorized in
subsection \(b\), any direct loan or loan guarantee authorized
under subsection \(a\) shall be subject to—
\(1\) the terms, conditions, eligibility requirements, and
limitations set forth in section 23 of the Arms Export
Control Act \(22 U.S.C. 2763\);
\(2\) such additional terms and conditions as the Secretary
of State may prescribe; and
\(3\) the availability of funds appropriated by Congress for
purposes of this section.
SA 6496. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 10. DIPLOMATIC RELATIONS WITH BELARUS.
\(a\) Statement of Policy.—It is the policy of the United
States to not undertake any relaxation of sanctions imposed
with respect to Belarus, nor pursue any significant
normalization of diplomatic, economic, or other bilateral
relations with the Government of Belarus, until the Secretary
of State certifies to the appropriate congressional
committees that, during the preceding 180 days, the
Government of Belarus has ceased providing support for,
facilitating, accommodating, or otherwise enabling the
Russian Federation's war against Ukraine.
\(b\) Strategic Dialogue With the Belarusian Democracy
Movement.—
\(1\) Strategic dialogue.—The Secretary of State shall host
a strategic dialogue with the Belarusian democratic movement
not less frequently than annually.
\(2\) Central objective.—The annual strategic dialogue with
the Belarusian democratic movement shall seek—
\(A\) to consider the efforts needed to return to democratic
rule in Belarus, including the efforts needed to support free
and fair elections in Belarus;
\(B\) to support the day-to-day functions of the Belarusian
democratic movement, which represents the legitimate
aspirations of the Belarusian people;
\(C\) to ensure that Belarusians living outside the territory
of Belarus have adequate access to essential government
services;
\(D\) to respond to the political, economic, and security
impacts of events in Belarus and Russia on neighboring
countries and the wider region;
\(E\) to ensure accountability, including through sanctions,
for the regime of Aleksandr Lukashenko for its human rights
abuses and support for Russia's war of aggression in Ukraine;
\(F\) to facilitate the release of political prisoners and
other wrongfully detained individuals in Belarus, including
journalists; and
\(G\) to support Belarusian language and cultural programs,
including—
\(i\) by supporting Belarusian language independent media
programs and Belarusian civil society; and
\(ii\) through efforts to restore democracy and the regular
function of democratic institutions in Belarus.
\(c\) Assessing Potential Diplomatic Facilities in Belarus.—
\(1\) Report.—Not later than 180 days before reopening a
United States Embassy in Minsk, Republic of Belarus, the
Secretary of State shall submit a report to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that includes—
\(A\) an assessment of the number of political prisoners
remaining in Belarusian jails;
\(B\) a description of how opening a United States diplomatic
facility in Minsk will advance efforts to support political
prisoners and the Belarusian democratic movement;
\(C\) a description of the Republic of Belarus' facilitation
of sanctions evasion by the Russian Federation, including the
status of United States enforcement efforts;
\(D\) a description of the scope of the Russian Federation's
military presence in the Republic of Belarus and Belarusian
authorities' facilitation of Russian military actions against
Ukraine; and
\(E\) a description of United States plans to open an embassy
in Belarus and ensure the safety of United States diplomatic
personnel.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in an unclassified form, but may include a
classified annex.
\(3\) Restriction.—The United States Government may not
reopen diplomatic facilities in the Republic of Belarus until
after the Secretary of State has—
\(A\) provided assurances to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives of the durability of the
United States - Belarus Democratic Movement Strategic
Dialogue referred to in subsection \(a\);
\(B\) convened the Dialogue at least once during the
preceding 6-month period; and
\(C\) provided written plans to the committees referred to in
subparagraph \(A\) for future convenings of the Dialogue.
\(d\) Report on Belarus Facilitation of Russia's War in
Ukraine.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Director of National Intelligence and
the Secretary of Defense, shall submit to the appropriate
congressional committees a classified report assessing—
\(1\) the nature and extent of political, military,
intelligence, logistical, economic, and other support
provided by the Government of Belarus to the Russian
Federation that has facilitated Russia's war against Ukraine;
\(2\) the extent to which Belarusian territory, airspace,
military facilities, transportation networks, communications
infrastructure, and other sovereign assets have been used by
the Russian Federation to launch, facilitate, sustain, and
support military operations against Ukraine, including
missile, drone, air, cyber, and other attacks; and
\(3\) Belarusian support for, participation in, or
facilitation of, Russian information operations, influence
campaigns, disinformation efforts, cyber-enabled activities,
and other actions intended to undermine Ukraine, the North
Atlantic Treaty Organization, the United States, or United
States partner governments.
\(e\) Belarus' Role in the Russian Federation's Abduction of
Ukrainian Children.—
\(1\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that includes—
\(A\) a description of Belarus' historic and ongoing role in
facilitating—
\(i\) the abduction of Ukrainian children by the Russian
Federation; and
\(ii\) the return of Ukrainian children who have been
abducted by the Russian Federation;
\(B\) an assessment of how many abducted Ukrainian children—
\(i\) remain in the Russian Federation or in Ukrainian
territory temporarily occupied by the Russian Federation; or
\(ii\) remain present on the territory of Belarus; and
\(C\) a description of the extent to which Belarusian
authorities are cooperating with efforts to facilitate the
return of the children referred to in subparagraph \(B\)\(ii\) to
Ukraine.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in an unclassified form, but may include a
classified annex.
SA 6497. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. CLASSIFIED BRIEFINGS ON THE POLICY OF THE UNITED
STATES ON THE NORTH ATLANTIC TREATY
ORGANIZATION.
\(a\) In General.—Not later than June 30, 2027, and again
not later than December 15, 2027, the Under Secretary of
Defense for Policy for the Department of Defense and the
Under Secretary of Political Affairs for the Department of
State shall jointly provide the Committee on Armed Services
and the Committee on Foreign Relations of the Senate and the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives with a classified
briefing on the policy of the United States on the North
Atlantic Treaty Organization, including with respect to—
\(1\) the implementation of the national defense strategy as
it relates to the North Atlantic Treaty Organization and the
United States European Command;
\(2\) recent changes in United States force posture and
anticipated changes in United States force posture within the
area of responsibility of the United States European Command;
\(3\) progress made by the United States Government in
meeting the five percent defense spending commitment, as
agreed to by all allies at the 2025 Hague Summit, including
efforts to meet the 1.5 percent investment in infrastructure
and resilience, and a description expenses that qualify
toward meeting such commitment; and
\(4\) United States policy coordination on relevant policy
issues, including hybrid warfare, cyber, space, technology,
nonproliferation, and innovation.
SA 6498. Mrs. SHAHEEN \(for herself, Mr. Tillis, and Ms. Murkowski\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. PROHIBITION ON USE OF FUNDS TO ASSERT CONTROL
OVER ANY MEMBER COUNTRY OF THE NORTH ATLANTIC
TREATY ORGANIZATION.
\(a\) In General.—None of the funds authorized to be
appropriated by this Act for the Department of Defense may be
used to blockade, occupy, annex, conduct military operations
against, or otherwise assert control over the sovereign
territory of a member country of the North Atlantic Treaty
Organization, other than as authorized by such country or the
North Atlantic Council.
\(b\) Rule of Construction.—Nothing in this section may be
construed to prevent the United States from defending itself
or an ally from an armed attack or from a credible threat of
an imminent armed attack.
SA 6499. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. ENSURING A WELL-FUNCTIONING PRIORITIZED UKRAINE
REQUIREMENTS LIST \(PURL\) MECHANISM.
\(a\) Sense of Congress.—It is the Sense of Congress that—
\(1\) the United States has developed an important mechanism
in support of Ukraine by working with North Atlantic Treaty
Organization allies to establish the Prioritized Ukraine
Requirements List mechanism \(referred to in this section as
the “PURL mechanism”\);
\(2\) the PURL mechanism enables support of Ukraine at no
cost to the United States taxpayer, demonstrating an
extraordinary commitment by Euro-Atlantic allies and partners
to supporting Ukraine with great benefit to the defense
industrial base of the United States; and
\(3\) as the United States takes on the important
responsibility of stewarding investments by allies and
partners in support of Ukraine, Congress and European allies
require transparency to ensure a well-functioning PURL
mechanism.
\(b\) Reports.—
\(1\) In general.—Beginning not later than 60 days after the
date of the enactment of this Act, the Commander of the
United States European Command, in coordination with the
United States Ambassador to the North Atlantic Treaty
Organization, shall submit to the appropriate committees of
Congress the following:
\(A\) A report outlining all contributions by allies and
partners to the PURL mechanism since August 2025, which shall
include the following:
\(i\) With respect to each contribution to the PURL
mechanism—
\(I\) an identification of the country that made the
contribution; and
\(II\) the date and amount of the contribution.
\(ii\) A description of each security assistance package
developed by the United States in accordance with the PURL
mechanism, including—
\(I\) an identification of equipment delivered to Ukraine;
and
\(II\) the date of delivery.
\(iii\) With respect to each such security assistance package
delivered to Ukraine, an accounting of each contribution made
by an ally or partner.
\(B\) A monthly report that includes the following:
\(i\) For the preceding month, an identification of each
country that has contributed to the PURL mechanism, including
the amount contributed.
\(ii\) A description of any security assistance package under
development for delivery to Ukraine, including a description
of the manner in which contributions from allies and partners
received in the preceding month may factor into such a
package.
\(C\) A report describing any use, since August 2025, of PURL
mechanism funds for purposes other than developing new and
additive security assistance packages for delivery to
Ukraine, which shall include a description of the following:
\(i\) Any use of PURL mechanism funds to subsidize, backfill,
or repay the United States Government for security assistance
packages delivered to Ukraine before August 2025.
\(ii\) Any use of PURL mechanism funds for a purpose other
than the rapid delivery of systems and weaponry to Ukraine.
\(2\) Form.—Each report required by this subsection shall be
submitted in unclassified form but may include a classified
annex.
\(3\) Appropriate committees of congress.—In this
subsection, the term “appropriate committees of Congress”
means—
\(A\) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
\(B\) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
\(c\) Procedure for Providing Receipts.—Not later than 60
days after the date of the enactment of this Act, the
Secretary of the Treasury, in coordination with the Commander
of the United States European Command, shall develop and
implement a process by which allies and partners may be
provided with receipts for contributions made to the PURL
mechanism that include a description of the manner in which a
contribution was used and the 1 or more security assistance
package supported by the contribution.
SA 6500. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. FACILITATING THE WORK OF UNITED STATES
CONTRACTORS IN UKRAINE.
\(a\) In General.—The Secretary of Defense shall not limit
the ability of United States defense contractors to operate
in the territory of Ukraine, including with free movement in
territory controlled by the democratically elected government
of Ukraine, for the purposes of repairing equipment used by
the Armed Forces of Ukraine.
\(b\) Chief of Mission Permission.—Movements of United
States defense contractors in the territory of Ukraine shall
be subject only to the permission of the Chief of Mission at
the United States Embassy in Kyiv, relying on the advice of
the Regional Security Officer.
\(c\) Report.—
\(1\) In general.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report that includes
the following elements:
\(A\) A description of the steps taken to implement the
requirements of this section.
\(B\) A description of equipment of the Ukrainian Armed
Forces repaired by United States defense contractors since
January 2025.
\(C\) A description of the geographic regions of Ukraine and
neighboring countries in which the United States has repaired
equipment of the Ukrainian Armed Forces.
\(D\) A description of lessons learned as a result of
partnering with the Ukrainian Armed Forces in repairing
equipment.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6501. Mrs. SHAHEEN \(for herself, Mr. Grassley, Mr. Durbin, Mr. Moran, and Mr. Husted\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. LIMITATION ON AVAILABILITY OF FUNDS FOR
WITHDRAWAL OF UNITED STATES ARMED FORCES FROM
EASTERN EUROPE.
\(a\) In General.—None of the funds authorized to be
appropriated by this Act may be obligated or expended for the
withdrawal of the United States Armed Forces from Estonia,
Latvia, or Lithuania or from the multinational battle groups
in eastern member countries of the North Atlantic Treaty
Organization \(including Bulgaria, Hungary, Poland, and
Romania\), except as required for routine rotational
movements, while maintaining not fewer than the number of
forces and the types of capabilities present in such
countries as of January 1, 2025, until the date that is 180
days after the date on which the Secretary of Defense and the
Secretary of State jointly submit to the appropriate
committees of Congress a report on whether the following
conditions have been met:
\(1\) The Russian Federation has withdrawn its military
forces from occupied territories in Ukraine, Georgia, and
Moldova.
\(2\) The Russian Federation no longer has ambitions to
control territory of sovereign neighbors in its near abroad.
\(3\) The Secretary of Defense and the Secretary of State
have appropriately consulted with the leaders of such
multinational battlegroups and with the governments of each
member country of the North Atlantic Treaty Organization with
respect to such withdrawal of the United States Armed Forces.
\(b\) Report for Conditions Not Met.—If, in a report
submitted under subsection \(a\), the Secretary of Defense and
the Secretary of State indicate that a condition set forth in
any of paragraphs \(1\) through \(3\) of subsection \(a\) has not
been met, not later than 30 days after the date of such
submission, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of
Congress a report that includes the following:
\(1\) A description of the manner in which United States
national security interests in the regions of Europe and
Eurasia are being protected.
\(2\) A description of the manner in which the security of
member countries of the North Atlantic Treaty Organization is
being protected.
\(3\) A detailed description of the manner in which the
United States is supporting the security of the Baltic
countries and other eastern member countries of the North
Atlantic Treaty Organization.
\(c\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
\(2\) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SA 6502. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. REPORT ON UKRAINE SECURITY ASSISTANCE INITIATIVE.
\(a\) In General.—Not later than 60 days after the date of
the enactment of this Act, and each quarter thereafter, the
Secretary of Defense, in coordination with the Secretary of
State, shall submit to the appropriate committees of Congress
a report on the planned use of Ukraine Security Assistance
Initiative funds.
\(b\) Elements.—Each report required by subsection \(a\) shall
include the following:
\(1\) The total amount of funding for the Ukraine Security
Assistance Initiative available for obligation.
\(2\) The total amount of funding for the Ukraine Security
Assistance Initiative obligated and expended during the
preceding quarter.
\(3\) A description of each planned equipment procurement,
training activity, service contract, or other activity to be
funded under the Ukraine Security Assistance Initiative.
\(4\) The anticipated delivery date to Ukraine for each
planned equipment procurement.
\(5\) A description of equipment delivered to Ukraine using
Ukraine Security Assistance Initiative funds during the
preceding quarter, including the quantity delivered and the
date of delivery.
\(6\) For any equipment delivery delay from the preceding
quarter that exceeded 90 days after the previously reported
estimated delivery date, and explanation for such delay.
\(c\) Appropriate Committees of Congress Defined.—The term
“appropriate committees of Congress” means—
\(1\) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
\(2\) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SA 6503. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. REPORT ON DAMAGE TO UNITED STATES BUSINESSES AND
INVESTMENTS IN UKRAINE RESULTING FROM RUSSIAN
MILITARY ACTION.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report on damage to United States-owned
businesses, investments, and commercial assets in Ukraine
resulting from the Russian Federation's full-scale invasion
of Ukraine in February 2022.
\(b\) Elements.—The report required under subsection \(a\)
shall include, to the extent practicable—
\(1\) an assessment of United States business property,
facilities, infrastructure, and other commercial assets in
Ukraine that have been damaged, destroyed, seized, or
otherwise adversely affected by actions attributable to the
Russian Federation's military actions in Ukraine;
\(2\) an estimate of the direct financial cost of such
losses, including direct physical damage, production
interruption losses, and other measurable commercial harms;
\(3\) a description of the business sectors most affected,
including manufacturing, agriculture, energy, transportation,
defense, financial, technology, and any other relevant
sector;
\(4\) a description of the efforts of the United States
Government to collect evidence and preserve records relating
to the loss of property and commercial assets in Ukraine of
United States persons and entities; and
\(5\) recommendations for legislative, diplomatic, or legal
actions to facilitate recovery, restitution, or compensation
for affected United States businesses.
SA 6504. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. LEBANON STABILIZATION STRATEGY.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of State shall submit a strategy to
the Committee on Foreign Relations of the Senate, the
Committee on Appropriations of the Senate, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that details how the Department of State will use Lebanon
reconstruction support funds to help support and implement a
plan—
\(1\) to expand Lebanese state services; and
\(2\) to increase legitimate political participation in
Lebanese communities that are currently dependent on parallel
services from Hezbollah.
SA 6505. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1210. SECURITY ASSISTANCE.
\(a\) Authorization of Appropriations for Security Assistance
to the Lebanese Armed Forces and the Internal Security
Forces.—
\(1\) In general.—There is authorized to be appropriated to
the Department of State, for each of the first 5 fiscal years
beginning after the date of the enactment of this Act—
\(A\) $200,000,000 for Foreign Military Financing;
\(B\) $25,000,000 for International Narcotics Control and Law
Enforcement;
\(C\) $11,500,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(D\) $3,500,000 International Military Education and
Training.
\(2\) Notice before provision of assistance.—
\(A\) Restriction.—Except as provided in subparagraph \(B\),
not more than 50 percent of the funds appropriated pursuant
to paragraph \(1\) may be obligated until after the Secretary
of State certifies to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives that—
\(i\) the Government of Lebanon has declared Hezbollah's
military activities illegal; and
\(ii\) the Lebanese Armed Forces are implementing directives
of the Government of Lebanon regarding—
\(I\) the establishment of a monopoly of force within
Lebanon; and
\(II\) the disarmament of Hezbollah.
\(B\) Inapplicability.—The restriction on obligating funds
under subparagraph \(A\) shall not apply to assistance provided
to special operations units and associated enabling forces of
the Lebanese Armed Forces.
\(3\) Authorization of contingent funding after the first
fiscal year.—
\(A\) Contingency.—Subparagraph \(B\) shall take effect if a
briefing required under subsection \(c\) during the fiscal year
beginning after the date of the enactment of this Act
demonstrates meaningful progress, as determined by the
Secretary of State—
\(i\) by the Lebanese Armed Forces and the Internal Security
Forces to counter Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
and
\(ii\) by the Government of Lebanon to develop and implement
a plan to expand state services and increase legitimate
political participation in Lebanese communities that are
currently dependent on parallel services from Hezbollah.
\(B\) Funding.—Subject to the contingency described in
subparagraph \(A\), in addition to the appropriations
authorized under paragraph \(1\), there is authorized to be
appropriated to the Department of State, for the second,
third, fourth, and fifth fiscal year beginning after the date
of the enactment of this Act—
\(i\) $50,000,000 for Foreign Military Financing;
\(ii\) $6,000,000 for International Narcotics Control and Law
Enforcement;
\(iii\) $3,000,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(iv\) $1,000,000 for International Military Education and
Training.
\(4\) Authorization of additional contingent funding after
the second fiscal year.—
\(A\) Contingency.—Subparagraph \(B\) shall take effect if the
briefings required under subsection \(c\) during each of the
first 2 fiscal years beginning after the date of the
enactment of this Act demonstrate meaningful progress, as
determined by the Secretary of State—
\(i\) by the Lebanese Armed Forces and the Internal Security
Forces to counter Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
and
\(ii\) by the Government of Lebanon to implement a plan to
expand state services and increase legitimate political
participation in Lebanese communities that are currently
dependent on parallel services from Hezbollah.
\(B\) Funding.—Subject to the contingency described in
subparagraph \(A\), in addition to the appropriations
authorized under paragraphs \(1\) and \(3\), there is authorized
to be appropriated to the Secretary of State, for each of the
third, fourth, and fifth fiscal years beginning after the
date of the enactment of this Act—
\(i\) $50,000,000 for Foreign Military Financing;
\(ii\) $6,000,000 for International Narcotics Control and Law
Enforcement;
\(iii\) $3,000,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(iv\) $1,000,000 for International Military Education and
Training.
\(5\) Use of funds.—Amounts appropriated pursuant to
authorizations under paragraphs \(1\)\(B\), \(3\)\(B\), and \(4\)\(B\)
shall be used by the Secretary of State to build the capacity
of the Lebanese Armed Forces and the Internal Security
Forces, including by—
\(A\) countering Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
\(B\) implementing—
\(i\) the August 2025 decision to exercise a state monopoly
of arms;
\(ii\) the September 2025 plan to achieve this monopoly by
disarming Hezbollah;
\(iii\) the March 2026 decision to ban Hezbollah security and
military activities; and
\(iv\) the April 2026 decision to bring weapons in Beirut
under government control;
\(C\) fully implementing all relevant United Nations Security
Council resolutions;
\(D\) training and vetting members of the Lebanese Armed
Forces and the Internal Security Forces;
\(E\) countering and interdicting revenue sources for
Hezbollah and other malign actors, including revenues derived
from financial crimes, Captagon, and other illicit good
production and trafficking in Lebanon;
\(F\) detecting and interdicting trafficking of weapons,
materials related to weapons of
mass destruction, dual-use goods, and sensitive technologies
in Lebanon; and
\(G\) implementing the program described in subsection \(b\).
\(b\) Program to Build the Capacity of the Lebanese Armed
Forces and the Internal Security Forces With Respect to
Captagon and Other Illicit Goods.—
\(1\) In general.—The Secretary of State shall establish a
program to provide assistance to strengthen the capacity of
Lebanese security institutions to identify, track, and
improve their forensics detection capabilities with respect
to financial crimes and production and trafficking of
Captagon and other illicit goods that provide a source of
revenue for Hezbollah and other malign actors.
\(2\) Program requirements.—Recipients of assistance from
the program required under paragraph \(1\)—
\(A\) shall be limited to Lebanese officials who have
expertise and experience or are being trained in matters
described in paragraph \(1\); and
\(B\) may be carried out, in the case of inbound exchanges,
as part of exchange programs and international visitor
programs administered by the Bureau of Educational and
Cultural Affairs of the Department of State, including the
International Visitor Leadership Program, in coordination
with the Bureau of International Narcotics and Law
Enforcement Affairs.
\(c\) Briefing.—Not later than 15 days before the obligation
of any funds appropriated pursuant to subsection \(a\), the
Secretary of State shall brief the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives regarding—
\(1\) the steps taken during the previous year by the
Lebanese security institutions to counter Iranian proxy
forces operating in Lebanon, including Hezbollah, Hamas, and
Palestinian Islamic Jihad;
\(2\) the steps taken during the previous year by Lebanese
security institutions to counter the production and
trafficking of Captagon and other illicit goods in Lebanon;
\(3\) how United States assistance created or augmented the
capabilities of the Lebanese Armed Forces and the Internal
Security Forces to undertake the steps described in
paragraphs \(1\) and \(2\);
\(4\) how the production and trafficking of Captagon and
other revenues sources, to include financial crimes and
illicit good production and trafficking, has harmed the
Lebanese economy and benefitted Hezbollah and other malign
actors;
\(5\) the steps taken by the Lebanese Armed Forces to counter
any instances of collusion between the Lebanese Armed Forces
and Hezbollah, such as—
\(A\) promoting the establishment of rapid inspection units;
\(B\) conducting randomized spot checks;
\(C\) implementing mechanisms for incentivizing weapons
relinquishment;
\(D\) implementing mechanisms for incentivizing outcome-based
performance by Lebanese Armed Forces units and personnel; and
\(E\) imposing consequences, such as criminal liability, for
Lebanese Armed Forces personnel who have colluded with
Hezbollah; and
\(6\) how the assistance authorized under subsection \(a\) will
further improve the capabilities of the Lebanese Armed Forces
and the Internal Security Forces to counter Iranian proxy
forces operating in Lebanon, including Hezbollah, Hamas, and
Palestinian Islamic Jihad.
\(d\) Oversight of Support Assistance.—Not later than 120
days after the date of the enactment of this Act, and
annually thereafter for the following 3 years, the Secretary
of State shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives an unclassified report, with a
classified annex, if necessary, that—
\(1\) describes the progress made by the Government of
Lebanon, the Lebanese Armed Forces, and the Internal Security
Forces and any remaining gaps in developing and implementing
a plan, with timelines and measurable objectives—
\(A\) to fully disarm Hezbollah, including with the support
of the United States and the international community;
\(B\) to expand state services and increasing legitimate
political participation in Lebanese communities that are
currently dependent on parallel services from Hezbollah; and
\(C\) to implement—
\(i\) the August 2025 decision to exercise a state monopoly
of arms;
\(ii\) the September 2025 plan to achieve this monopoly by
disarming Hezbollah;
\(iii\) the March 2026 decision to ban Hezbollah security and
military activities; and
\(iv\) the April 2026 decision to bring weapons in Beirut
under government control;
\(2\) details the Government of Iran's illicit financing and
support of armed non-state actors in Lebanon, including
Hezbollah and institutions it controls, such as Al-Qard Al-
Hassan;
\(3\) describes whether and how the political and economic
stability, sovereignty, and territorial integrity of Lebanon
are important for regional stability and the national
economic and security interests of the United States;
\(4\)\(A\) describes the efforts led by the United States to
coordinate and deconflict between the Lebanese Armed Forces
and the Israel Defense Forces;
\(B\) assesses the steps that should be taken by the Lebanese
Armed Forces to increase coordination and deconfliction;
\(C\) assesses the steps that should be taken by the Israel
Defense Forces to increase coordination and deconfliction;
\(D\) describes additional authorities or tools that may aid
these coordination and deconfliction efforts or increase the
ability of the United States to provide effective guidance to
the Lebanese Armed Forces and Israel Defense Forces; and
\(E\) describes efforts to build upon the monitoring
mechanism led by the United States after the Announcement of
a Cessation of Hostilities and Related Commitments on
November 27, 2024, to establish a combined intelligence and
military coordination body with international partners that
sets clear, measurable objectives and time-bound metrics to
ensure credibility and transparency in the process of
disarming Hezbollah;
\(5\) identifies the steps the Government of Lebanon is
taking to enact reforms to Lebanon's banking and financial
sectors, including—
\(A\) steps to implement Lebanon's April 2025 bank secrecy
law;
\(B\) steps to pass and implement a law to restructure
Lebanon's banking sector; and
\(C\) steps to pass and implement a law to address the
allocation of losses in Lebanon's banking sector;
\(6\) describes the progress made toward building peaceful
relations between the Government of Lebanon and the
Government of Israel, including—
\(A\) steps to pursue negotiations and efforts to impede
negotiations;
\(B\) the advisory and coordination mechanisms set up by the
United States and the international community;
\(C\) progress made as a result of direct negotiations that—
\(i\) recognize Lebanon's sovereignty and work toward
enforcing United Nations Security Council Resolution 1701
\(2006\);
\(ii\) affirm that the Government of Lebanon, rather than any
foreign power \(such as Iran\), is the representative of the
Lebanese people;
\(iii\) undermine Iran's claims to negotiate for Lebanon; and
\(iv\) undermine Iran's attempts to intrude in Lebanon's
domestic affairs and the conduct of its foreign policy;
\(D\) steps to suspend the enforcement of, or repeal,
Lebanon's anti-normalization laws, derived from Lebanon Law
1/1955, which was ratified by the Parliament of Lebanon on
June 23, 1955, to prohibit any economic, commercial, or
personal interactions between the people of Lebanon and the
people of Israel, and provisions of the Lebanese Criminal
Code and the Lebanese Code of Military Justice; and
\(7\) describes humanitarian and reconstruction needs and
challenges in Lebanon, including—
\(A\) the immediate state of humanitarian needs and the long-
term reconstruction needs in Lebanon, particularly south of
the Litani river;
\(B\) the causes of such challenges;
\(C\) efforts that have been made to address these
challenges;
\(D\) the effects of not addressing these challenges on the
economy and security inside Lebanon; and
\(E\) the effects of such challenges on regional stability
and security if applicable.
SA 6506. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. LEBANON ILLICIT GOODS AND FINANCES PROGRAM.
The Secretary of State shall establish a program to provide
support to strengthen the capacity of Lebanese security
institutions to identify, track, and improve their forensics
detection capabilities with respect to financial crimes and
production and trafficking of Captagon and other illicit
goods that provide a source of revenue for Hezbollah and
other malign actors.
SA 6507. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Lebanon Sanctions, Stabilization, and Support
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Lebanon Sanctions,
Stabilization, and Support Act”.
SEC. 1272. SANCTIONS.
\(a\) In General.—The President may impose the sanctions
described in subsection \(c\) with respect to each foreign
person, regardless of employment, who the President
determines, on or after the date of the enactment of this
Act, has knowingly and significantly engaged in any activity
described in subsection \(b\).
\(b\) Activities Described.—A foreign person has engaged in
any activity described in this subsection if the foreign
person has—
\(1\) knowingly undertaken actions or policies that provide
material support in furtherance of the Government of Iran's
illicit financing and support of armed non-state actors in
Lebanon, including Hezbollah;
\(2\) significantly delayed or impeded the work of the
Lebanese Armed Forces and the Internal Security Forces to
implement the August 2025 decision to exercise a state
monopoly of arms, the September 2025 plan to achieve that
monopoly by disarming Hezbollah, the March 2026 decision to
ban security and military activities of Hezbollah, or the
April 2026 decision to bring weapons in Beirut under
government control;
\(3\) provided material support to Hezbollah; or
\(4\) taken significant actions to delay or impede the
progress of reforms to the banking and financial sectors of
Lebanon.
\(c\) Sanctions Described.—The sanctions described in this
subsection are the following:
\(1\) Blocking of property.—The President shall exercise all
authorities granted under the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the extent
necessary to block and prohibit all transactions in property
and interests in property of a foreign person described in
subsection \(a\) if such property and interests in property are
in the United States, come within the United States, or come
within the possession or control of a United States person.
\(2\) Prohibitions on financial transactions.—The President
may exercise all authorities granted under the International
Emergency Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the
extent necessary—
\(A\) to prohibit any United States financial institution
from making loans or providing credit to the applicable
foreign person; or
\(B\) to prohibit any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in
which such foreign person has any interest.
\(3\) Ineligibility for visas, admission, or parole.—
\(A\) Visas, admission, or parole.—An alien described in
subsection \(a\) shall be—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—The valid visa or other entry
documentation of any alien described in subsection \(a\) is
subject to revocation regardless of the issue date of the
visa or other entry documentation.
\(ii\) Effect.—In accordance with section 221\(i\) of the
Immigration and Nationality Act \(8 U.S.C. 1201\(i\)\), a
revocation authorized under clause \(i\) shall—
\(I\) take effect in accordance with established procedures;
and
\(II\) cancel any other valid visa or entry documentation
that is in the possession of the alien.
\(4\) Licensing.—For any sanctions imposed pursuant to this
subsection, the Secretary of the Treasury shall issue such
general licenses and public guidance as may be necessary—
\(A\) to clarify that such sanctions do not apply to any
government or agency with which the sanctioned person may be
officially associated;
\(B\) to clarify that such sanctions do not apply to any
person the sanctioned person owns or controls that
contributes to meaningful economic activity in Lebanon,
unless the person is itself designated based on its behavior;
and
\(C\) to limit adverse impacts to employment, legitimate
economic activity, and humanitarian conditions in Lebanon.
\(d\) Exceptions.—
\(1\) Humanitarian assistance.—Sanctions under this section
may not apply to—
\(A\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(B\) transactions that are necessary for, or ordinarily
incident to, the activities described in subparagraph \(A\).
\(2\) Intelligence activities.—Sanctions under this section
shall not apply to—
\(A\) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 \(50 U.S.C.
3091 et seq.\); or
\(B\) any authorized intelligence activities of the United
States.
\(3\) Compliance with international obligations and law
enforcement activities.—Visa restrictions under subsection
\(c\)\(3\) shall not apply with respect to the admission or
parole of an alien into the United States if admitting or
paroling the alien is necessary—
\(A\) to comply with United States obligations under—
\(i\) the Agreement between the United Nations and the United
States of America regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947;
\(ii\) the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967; or
\(iii\) any other applicable international obligations; or
\(B\) to carry out or assist law enforcement activity in the
United States.
\(e\) Rulemaking.—The President may prescribe such
regulations as are necessary to carry out the provisions of
this section \(which may include regulatory exceptions\),
including under section 205 of the International Emergency
Economic Powers Act \(50 U.S.C. 1704\)\).
\(f\) Rule of Construction.—Nothing in this section may be
construed to limit the authorities of the President under the
International Emergency Economic Powers Act \(50 U.S.C. 1701
et seq.\).
\(g\) Termination.—This section, and any sanctions imposed
under this section, shall terminate on the date that is 5
years after the date of the enactment of this Act.
\(h\) Definitions.—In this section:
\(1\) Admission; admitted; alien; lawfully admitted for
permanent residence.—The terms “admission”, “admitted”,
“alien”, and “lawfully admitted for permanent residence”
have the meanings given those terms in section 101 of the
Immigration and Nationality Act \(8 U.S.C. 1101\).
\(2\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(3\) Foreign person.—The term “foreign person” means any
individual or entity that is not a United States person.
\(4\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person located in the United States.
SEC. 1273. STABILIZATION.
\(a\) Humanitarian Assistance.—The Secretary of State may
continue to support humanitarian assistance in Lebanon in
furtherance of the political and economic stability,
sovereignty, and territorial integrity of Lebanon, which is
important for regional stability and the national economic
and security interests of the United States, including—
\(1\) health assistance, including logistical and technical
assistance to hospitals, ambulances, and health clinics in
affected communities, and the provision of basic public
health commodities;
\(2\) assistance to provide—
\(A\) protection, food, and shelter;
\(B\) water, sanitation, and hygiene; and
\(C\) demining and disposal of unexploded ordinance; and
\(3\) technical assistance to ensure health, food, and
commodities are appropriately selected, procured, targeted,
monitored, and distributed.
\(b\) Authorization of Appropriations for Incentive Fund for
Reconstruction of Lebanese Government Services and
Infrastructure.—
\(1\) In general.—There is authorized to be appropriated to
the Department of State, to support the reconstruction of
services and institutions of the Government of Lebanon and of
municipal governments in Lebanon and to support the building
and rebuilding of civilian infrastructure in Lebanon, subject
to the limitations set forth in paragraph \(2\)—
\(A\) $250,000,000 for the first fiscal year beginning after
the date of the enactment of this Act; and
\(B\) $150,000,000 for each of the first 4 fiscal years
following the conclusion of the fiscal year referred to in
subparagraph \(A\).
\(2\) Limitation.—None of the funds authorized to be
appropriated pursuant to paragraph \(1\) may be made available
for use by the Council for South Lebanon.
\(3\) Notice before provision of assistance.—
\(A\) Restriction.—Except as provided in subparagraph \(B\),
not more than 50 percent of the funds appropriated pursuant
to paragraph \(1\) may be obligated until the Secretary of
State certifies to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that—
\(i\) the Government of Lebanon has declared Hezbollah's
military activities illegal; and
\(ii\) the Lebanese Armed Forces are implementing directives
of the Government of Lebanon regarding—
\(I\) the establishment of a monopoly of force within
Lebanon; and
\(II\) the disarmament of Hezbollah
\(B\) Waiver.—The Secretary of State may waive the
restriction under subparagraph \(A\) after certifying to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that such a waiver is in the national interest of the United
States.
\(c\) Negotiation on the Use of Frozen Iranian Assets.—The
Secretary of State is authorized to engage in negotiations
with countries that hold frozen Iranian assets in an effort
to access such funds to pay for the reconstruction of
Lebanon.
\(d\) Livelihood and Scholarship Assistance to the Lebanese
Armed Forces and the Internal Security Forces.—
\(1\) In general.—There shall be established a fund, to be
administered by the Secretary of State, which shall provide
for the sustainment of the Lebanese Armed Forces and Internal
Security Forces in accordance with paragraph \(2\).
\(2\) Authorization of appropriations.—There is authorized
to be appropriated to the Department of State, for each of
the first 3 fiscal years beginning after the date of the
enactment of this Act, $20,000,000, which shall be deposited
into the fund established under paragraph \(1\) and expended
for salaries and stipends for members of the Lebanese Armed
Forces and Internal Security Forces.
\(e\) Strategy.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of State shall submit a
strategy to the Committee on Foreign Relations of the Senate,
the Committee on Appropriations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Appropriations of the House of Representatives
that details how funds authorized to be appropriated under
this section, in conjunction with funds authorized to be
appropriated under section 1274, will be used to help support
and implement a plan to expand Lebanese state services and
increase legitimate political participation in Lebanese
communities that are currently dependent on parallel services
from Hezbollah.
SEC. 1274. SECURITY ASSISTANCE.
\(a\) Authorization of Appropriations for Security Assistance
to the Lebanese Armed Forces and the Internal Security
Forces.—
\(1\) In general.—There is authorized to be appropriated to
the Department of State, for each of the first 5 fiscal years
beginning after the date of the enactment of this Act—
\(A\) $200,000,000 for Foreign Military Financing;
\(B\) $25,000,000 for International Narcotics Control and Law
Enforcement;
\(C\) $11,500,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(D\) $3,500,000 International Military Education and
Training.
\(2\) Notice before provision of assistance.—
\(A\) Restriction.—Except as provided in subparagraph \(B\),
not more than 50 percent of the funds appropriated pursuant
to paragraph \(1\) may be obligated until after the Secretary
of State certifies to the Committee on Foreign Relations of
the Senate and the Committee on Foreign Affairs of the House
of Representatives that—
\(i\) the Government of Lebanon has declared Hezbollah's
military activities illegal; and
\(ii\) the Lebanese Armed Forces are implementing directives
of the Government of Lebanon regarding—
\(I\) the establishment of a monopoly of force within
Lebanon; and
\(II\) the disarmament of Hezbollah.
\(B\) Inapplicability.—The restriction on obligating funds
under subparagraph \(A\) shall not apply to assistance provided
to special operations units and associated enabling forces of
the Lebanese Armed Forces.
\(3\) Authorization of contingent funding after the first
fiscal year.—
\(A\) Contingency.—Subparagraph \(B\) shall take effect if a
briefing required under subsection \(c\) during the fiscal year
beginning after the date of the enactment of this Act
demonstrates meaningful progress, as determined by the
Secretary of State—
\(i\) by the Lebanese Armed Forces and the Internal Security
Forces to counter Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
and
\(ii\) by the Government of Lebanon to develop and implement
a plan to expand state services and increase legitimate
political participation in Lebanese communities that are
currently dependent on parallel services from Hezbollah.
\(B\) Funding.—Subject to the contingency described in
subparagraph \(A\), in addition to the appropriations
authorized under paragraph \(1\), there is authorized to be
appropriated to the Department of State, for the second,
third, fourth, and fifth fiscal year beginning after the date
of the enactment of this Act—
\(i\) $50,000,000 for Foreign Military Financing;
\(ii\) $6,000,000 for International Narcotics Control and Law
Enforcement;
\(iii\) $3,000,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(iv\) $1,000,000 for International Military Education and
Training.
\(4\) Authorization of additional contingent funding after
the second fiscal year.—
\(A\) Contingency.—Subparagraph \(B\) shall take effect if the
briefings required under subsection \(c\) during each of the
first 2 fiscal years beginning after the date of the
enactment of this Act demonstrate meaningful progress, as
determined by the Secretary of State—
\(i\) by the Lebanese Armed Forces and the Internal Security
Forces to counter Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
and
\(ii\) by the Government of Lebanon to implement a plan to
expand state services and increase legitimate political
participation in Lebanese communities that are currently
dependent on parallel services from Hezbollah.
\(B\) Funding.—Subject to the contingency described in
subparagraph \(A\), in addition to the appropriations
authorized under paragraphs \(1\) and \(3\), there is authorized
to be appropriated to the Secretary of State, for each of the
third, fourth, and fifth fiscal years beginning after the
date of the enactment of this Act—
\(i\) $50,000,000 for Foreign Military Financing;
\(ii\) $6,000,000 for International Narcotics Control and Law
Enforcement;
\(iii\) $3,000,000 for Non-proliferation, Anti-terrorism,
Demining, and Related Programs; and
\(iv\) $1,000,000 for International Military Education and
Training.
\(5\) Use of funds.—Amounts appropriated pursuant to
authorizations under paragraphs \(1\)\(B\), \(3\)\(B\), and \(4\)\(B\)
shall be used by the Secretary of State to build the capacity
of the Lebanese Armed Forces and the Internal Security
Forces, including by—
\(A\) countering Iranian proxy forces operating in Lebanon,
including Hezbollah, Hamas, and Palestinian Islamic Jihad;
\(B\) implementing—
\(i\) the August 2025 decision to exercise a state monopoly
of arms;
\(ii\) the September 2025 plan to achieve this monopoly by
disarming Hezbollah;
\(iii\) the March 2026 decision to ban Hezbollah security and
military activities; and
\(iv\) the April 2026 decision to bring weapons in Beirut
under government control;
\(C\) fully implementing all relevant United Nations Security
Council resolutions;
\(D\) training and vetting members of the Lebanese Armed
Forces and the Internal Security Forces;
\(E\) countering and interdicting revenue sources for
Hezbollah and other malign actors, including revenues derived
from financial crimes, Captagon, and other illicit good
production and trafficking in Lebanon;
\(F\) detecting and interdicting trafficking of weapons,
materials related to weapons of mass destruction, dual-use
goods, and sensitive technologies in Lebanon; and
\(G\) implementing the program described in subsection \(b\).
\(b\) Program to Build the Capacity of the Lebanese Armed
Forces and the Internal Security Forces With Respect to
Captagon and Other Illicit Goods.—
\(1\) In general.—The Secretary of State shall establish a
program to provide assistance to strengthen the capacity of
Lebanese security institutions to identify, track, and
improve their forensics detection capabilities with respect
to financial crimes and production and trafficking of
Captagon and other illicit goods that provide a source of
revenue for Hezbollah and other malign actors.
\(2\) Program requirements.—Recipients of assistance from
the program required under paragraph \(1\)—
\(A\) shall be limited to Lebanese officials who have
expertise and experience or are being trained in matters
described in paragraph \(1\); and
\(B\) may be carried out, in the case of inbound exchanges,
as part of exchange programs and international visitor
programs administered by the Bureau of Educational and
Cultural Affairs of the Department of State, including the
International Visitor Leadership Program, in coordination
with the Bureau of International Narcotics and Law
Enforcement Affairs.
\(c\) Briefing.—Not later than 15 days before the obligation
of any funds appropriated pursuant to subsection \(a\), the
Secretary of State shall brief the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives regarding—
\(1\) the steps taken during the previous year by the
Lebanese security institutions to counter Iranian proxy
forces operating in Lebanon, including Hezbollah, Hamas, and
Palestinian Islamic Jihad;
\(2\) the steps taken during the previous year by Lebanese
security institutions to counter the production and
trafficking of Captagon and other illicit goods in Lebanon;
\(3\) how United States assistance created or augmented the
capabilities of the Lebanese Armed Forces and the Internal
Security Forces to undertake the steps described in
paragraphs \(1\) and \(2\);
\(4\) how the production and trafficking of Captagon and
other revenues sources, to include financial crimes and
illicit good production and trafficking, has harmed the
Lebanese economy and benefitted Hezbollah and other malign
actors;
\(5\) the steps taken by the Lebanese Armed Forces to counter
any instances of collusion between the Lebanese Armed Forces
and Hezbollah, such as—
\(A\) promoting the establishment of rapid inspection units;
\(B\) conducting randomized spot checks;
\(C\) implementing mechanisms for incentivizing weapons
relinquishment;
\(D\) implementing mechanisms for incentivizing outcome-based
performance by Lebanese Armed Forces units and personnel; and
\(E\) imposing consequences, such as criminal liability, for
Lebanese Armed Forces personnel who have colluded with
Hezbollah; and
\(6\) how the assistance authorized under subsection \(a\) will
further improve the capabilities of the Lebanese Armed Forces
and the Internal Security Forces to counter Iranian proxy
forces operating in Lebanon, including Hezbollah, Hamas, and
Palestinian Islamic Jihad.
SEC. 1275. OVERSIGHT.
\(a\) Oversight of Stabilization Assistance.—
\(1\) Strategy.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit an
unclassified strategy, with a classified annex, if necessary,
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that describes—
\(A\) how the United States, working with relevant foreign
governments, multilateral organizations, and nongovernmental
organizations, will support the safe, informed, durable, and
voluntary return of Syrian refugees in Lebanon back to their
home communities;
\(B\) the diplomatic efforts carried out by the United States
Government to urge contributing countries of the United
Nations Interim Force in Lebanon to donate existing
equipment, vehicles, and facilities to the Lebanese Armed
Forces upon the termination of United Nations Interim Force
in Lebanon's mandate in accordance with United Nations
Security Council Resolution 2790 \(2025\), pursuant to efforts
to bolster the capability of the Lebanese Armed Forces in
southern Lebanon;
\(C\) the diplomatic efforts carried out by the United States
Government, including by supporting multilateral pledging
events and using its positions in international financial
institutions, to encourage strategic burden sharing and the
coordination of donations with international donors,
including foreign governments and multilateral organizations,
to advance the provision of humanitarian assistance to the
people of Lebanon, especially internally displaced persons;
and
\(D\) how the United States Government is—
\(i\) overcoming reconstruction challenges in southern
Lebanon to counter any role Hezbollah may be playing in
reconstruction and provision of social services;
\(ii\) mitigating risk of diversion or benefit to non-state
armed groups in Lebanon, particularly Hezbollah; and
\(iii\) ensuring effective delivery of assistance.
\(2\) Initial report.—Before obligating or expending any
amounts appropriated pursuant to section 1273\(b\), the
Secretary of State shall submit an unclassified report, with
a classified annex, if necessary, to the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of
the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the
House of Representatives that describes—
\(A\) accounting, monitoring, evaluation or oversight
procedures being implemented to prevent the diversion of the
United States Government assistance, including the amounts
appropriated pursuant to section 1273\(b\), to Hezbollah or
other non-state armed groups in Lebanon or their affiliates
and to ensure such amounts are being used for the purposes
for which they were obligated; and
\(B\) the diplomatic efforts carried out by the United States
Government, including by supporting multilateral pledging
events and using its positions in international financial
institutions, to encourage strategic burden sharing and the
coordination of donations with international donors,
including foreign governments and multilateral organizations,
to advance the provision of assistance for the reconstruction
of services and institutions of the Government of Lebanon and
of municipal governments in Lebanon and the building and
rebuilding of civilian infrastructure in Lebanon.
\(3\) Retention and readiness report.—Not later than 180
days after the date of the enactment of this Act, the
Secretary of State shall submit an unclassified report, with
a classified annex, if necessary, to the congressional
committees referred to in paragraph \(2\) that describes the
effect of the amounts appropriated pursuant to subsections
\(c\) and \(d\) of section 1273 on the retention and readiness of
the Lebanese Armed Forces and the Internal Security Forces.
\(b\) Oversight of Support Assistance.—Not later than 120
days after the date of the enactment of this Act, and
annually thereafter for the following 3 years, the Secretary
of State shall submit to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives an unclassified report, with a
classified annex, if necessary, that—
\(1\) describes the progress made by the Government of
Lebanon, the Lebanese Armed Forces, and the Internal Security
Forces and any remaining gaps in developing and implementing
a plan, with timelines and measurable objectives—
\(A\) to fully disarm Hezbollah, including with the support
of the United States and the international community;
\(B\) to expand state services and increasing legitimate
political participation in Lebanese communities that are
currently dependent on parallel services from Hezbollah; and
\(C\) to implement—
\(i\) the August 2025 decision to exercise a state monopoly
of arms;
\(ii\) the September 2025 plan to achieve this monopoly by
disarming Hezbollah;
\(iii\) the March 2026 decision to ban Hezbollah security and
military activities; and
\(iv\) the April 2026 decision to bring weapons in Beirut
under government control;
\(2\) details the Government of Iran's illicit financing and
support of armed non-state actors in Lebanon, including
Hezbollah and institutions it controls, such as Al-Qard Al-
Hassan;
\(3\) describes whether and how the political and economic
stability, sovereignty, and territorial integrity of Lebanon
are important for regional stability and the national
economic and security interests of the United States;
\(4\)\(A\) describes the efforts led by the United States to
coordinate and deconflict between the Lebanese Armed Forces
and the Israel Defense Forces;
\(B\) assesses the steps that should be taken by the Lebanese
Armed Forces to increase coordination and deconfliction;
\(C\) assesses the steps that should be taken by the Israel
Defense Forces to increase coordination and deconfliction;
\(D\) describes additional authorities or tools that may aid
these coordination and deconfliction efforts or increase the
ability of the United States to provide effective guidance to
the Lebanese Armed Forces and Israel Defense Forces; and
\(E\) describes efforts to build upon the monitoring
mechanism led by the United States after the Announcement of
a Cessation of Hostilities and Related Commitments on
November 27, 2024, to establish a combined intelligence and
military coordination body with international partners that
sets clear, measurable objectives and time-bound metrics to
ensure credibility and transparency in the process of
disarming Hezbollah;
\(5\) identifies the steps the Government of Lebanon is
taking to enact reforms to Lebanon's banking and financial
sectors, including—
\(A\) steps to implement Lebanon's April 2025 bank secrecy
law;
\(B\) steps to pass and implement a law to restructure
Lebanon's banking sector; and
\(C\) steps to pass and implement a law to address the
allocation of losses in Lebanon's banking sector;
\(6\) describes the progress made toward building peaceful
relations between the Government of Lebanon and the
Government of Israel, including—
\(A\) steps to pursue negotiations and efforts to impede
negotiations;
\(B\) the advisory and coordination mechanisms set up by the
United States and the international community;
\(C\) progress made as a result of direct negotiations that—
\(i\) recognize Lebanon's sovereignty and work toward
enforcing United Nations Security Council Resolution 1701
\(2006\);
\(ii\) affirm that the Government of Lebanon, rather than any
foreign power \(such as Iran\), is the representative of the
Lebanese people;
\(iii\) undermine Iran's claims to negotiate for Lebanon; and
\(iv\) undermine Iran's attempts to intrude in Lebanon's
domestic affairs and the conduct of its foreign policy;
\(D\) steps to suspend the enforcement of, or repeal,
Lebanon's anti-normalization laws, derived from Lebanon Law
1/1955, which was ratified by the Parliament of Lebanon on
June 23, 1955, to prohibit any economic, commercial, or
personal interactions between the people of Lebanon and the
people of Israel, and provisions of the Lebanese Criminal
Code and the Lebanese Code of Military Justice; and
\(7\) describes humanitarian and reconstruction needs and
challenges in Lebanon, including—
\(A\) the immediate state of humanitarian needs and the long-
term reconstruction needs in Lebanon, particularly south of
the Litani river;
\(B\) the causes of such challenges;
\(C\) efforts that have been made to address these
challenges;
\(D\) the effects of not addressing these challenges on the
economy and security inside Lebanon; and
\(E\) the effects of such challenges on regional stability
and security if applicable.
SA 6508. Mrs. SHAHEEN \(for herself and Ms. Ernst\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. REPEALS OF SYRIA SANCTIONS STATUTES.
\(a\) Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003.—The Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003 \(Public Law 108-
175; 22 U.S.C. 2151 note\) is repealed.
\(b\) Syria Human Rights Accountability Act of 2012.—The
Syria Human Rights Accountability Act of 2012 \(title VII of
Public
Law 112-158; 22 U.S.C. 8701 et seq.\) is repealed.
SA 6509. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Reporting on Syria
SEC. 1281. REPORT ON THE IMPACT OF UNITED STATES ASSISTANCE.
\(a\) Report Required.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that describes the foreign assistance strategy of the United
States in support of United States-Syria policy and provides
comprehensive details on foreign assistance programs
\(including humanitarian and nonhumanitarian efforts\) inside
Syria paused or canceled since January 2025.
\(b\) Elements.—The report required under subsection \(a\)
shall include, at a minimum, the following elements:
\(1\) A listing of any United States foreign assistance
program currently operating in Syria, including a description
of the scope of each program and how each program serves
United States objectives in Syria.
\(2\) A description of efforts to leverage international
donors, multilateral organizations, charities, or other
external funders to fill gaps, where they exist.
\(3\) An accounting of all sustained and ongoing humanitarian
and foreign assistance programs inside Syria, including a
comprehensive description of each project, any supporting
organizations, relevant details related to funding,
performance metrics, progress towards meeting United States
objectives, and other relevant details, as needed.
SEC. 1282. STRATEGY ON ISIS-RELATED DETAINEE AND DISPLACEMENT
CAMPS IN SYRIA.
Section 1262 of the National Defense Authorization Act for
Fiscal Year 2024 \(Public Law 118-31\) is amended—
\(1\) in subsection \(e\)\(1\), by inserting “, and annually
thereafter through January 2029,” after “Not later than 180
days after the date of the enactment of this Act”; and
\(2\) in subsection \(f\)\(1\)—
\(A\) in the matter preceding subparagraph \(A\), by striking
“January 31, 2025” and inserting “January 31, 2029”; and
\(B\) in subparagraph \(A\), by striking clause \(ii\) and
inserting the following:
“\(ii\) an assessment of the status of all United States
efforts, including via foreign assistance, to encourage and
facilitate repatriation and reintegration of all individuals
from such camps, consistent with all relevant domestic and
applicable international laws;”.
SEC. 1283. STRATEGY FOR ENGAGEMENT WITH SYRIAN AUTHORITIES
AND FOR EVALUATING SECURITY AT THE UNITED
STATES MISSION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the United States should take measures to expand its
engagement with Syrian authorities in support of mutual
national security interests, such as combating terrorism,
eliminating chemical weapons, and mitigating Captagon
smuggling; and
\(2\) the Department of State should take measures to
evaluate and mitigate known security vulnerabilities at the
United States mission in Damascus in support of eventually
reopening the embassy compound for official usage.
\(b\) Report Required.—
\(1\) In general.—Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter
until January 1, 2029, the Secretary of State shall submit to
the appropriate congressional committees a report that
describes the strategy of the United States to establish and
sustain deepened engagement with Syrian authorities and
assesses in detail the security conditions at the United
States mission in Damascus and any known security
preparations to re-establish operations on the compound.
\(2\) Elements.—The report required under paragraph \(1\)
shall include, at a minimum, the following elements:
\(A\) A strategy to strengthen and sustain broader United
States engagement with Syrian authorities, which includes
policy objectives, staffing plans domestically and overseas,
regional engagement efforts, and efforts to engage Syrians,
including activists, political groups, and civil society
organizations.
\(B\) A detailed accounting of progress made on the
engagement strategy, including meetings, travel, staffing
patterns and changes, and notable gaps or areas where
additional engagement is needed.
\(C\) A comprehensive assessment of security conditions at
the United States mission in Damascus, any notable changes or
progress made towards hardening security, and any progress
towards re-establishing a permanent presence or re-opening
the embassy.
SEC. 1284. STRATEGY TO ENSURE THE ENDURING DEFEAT OF ISIS IN
SYRIA.
\(a\) Strategy Required.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the heads of
other appropriate Federal agencies, shall jointly develop and
submit to the appropriate congressional committees a strategy
to combat and prevent the further resurgence of ISIS and its
affiliates in Syria.
\(b\) Elements of the Strategy.—The strategy required under
subsection \(a\) shall include the following elements:
\(1\) A summary of the United States national security
interests in Syria and the impact a resurgence of ISIS would
have on those interests.
\(2\) A comprehensive assessment of current training and
support programs by agency or department, specifically
focused on countering ISIS and other terrorist organizations,
including nonlethal assistance, training, and organizational
capacity for the Syrian authorities and others to counter
gains by ISIS and its affiliates.
\(3\) A detailed description of United States Government
efforts to support, develop, and expand the capacity of
Syrian authorities to combat ISIS and prevent its return.
\(4\) An estimate of the number of current, active ISIS
members in Iraq and Syria, including an assessment of those
being held in detainee camps or prisons.
\(5\) A comprehensive plan to repatriate or secure ISIS
detainees currently being held in Syria and Iraq, including—
\(A\) repatriation, transfer, prosecution, and intelligence-
gathering;
\(B\) coordinating a whole-of-government approach with other
countries and international organizations, including
INTERPOL, to ensure secure chains of custody and locations of
ISIS foreign terrorist fighter detainees;
\(C\) coordinating technical and evidentiary assistance to
foreign countries to aid in the successful prosecution of
ISIS foreign terrorist fighter detainees;
\(D\) multilateral and international engagements led by the
Department of State and other agencies that are related to
the current and future handling, detention, and prosecution
of ISIS foreign terrorist fighter detainees;
\(E\) engagement with international partners on legal,
tenable mechanisms for repatriating foreign fighters; and
\(F\) a plan for how funds in appropriations Acts will
support disarmament, demobilization, disengagement,
deradicalization, and reintegration of current and former
members and affiliates of ISIS and their family members.
\(6\) A description, which may be in classified form, of ISIS
senior leadership and infrastructure and efforts to target
leadership figures.
\(7\) A comprehensive description of the activities of the
United States Government, utilizing social media and other
communication technologies, to counter ISIS's propaganda and
influence and its ability to use such technologies to recruit
fighters domestically and internationally, including through
private technology companies and a description of how such
activities are being coordinated across the United States
Government.
\(8\) A description of the steps taken by the United States
Government, including through the use of economic sanctions
to deny financial resources to ISIS and its affiliates, in
conjunction with international partners and financial
institutions.
\(9\) A description of United States Government efforts to
support credible war crimes prosecutions against ISIS
fighters.
\(10\) A plan to ensure the delivery of humanitarian and
reintegration assistance.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
SA 6510. Mrs. SHAHEEN \(for herself and Mr. Cruz\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Reassessing the United States-Tanzania Bilateral
Relationship Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Reassessing the United
States-Tanzania Bilateral Relationship Act”.
SEC. 1282. FINDINGS.
Congress makes the following findings:
\(1\) Tanzania is one of Africa's fastest growing economies
with strong economic growth over the past decade due to the
expansion of key sectors, including agriculture, mining, and
tourism.
\(2\) Tanzania's reliability as a partner to the United
States is increasingly in question due to ongoing political
repression, violations of religious freedom and freedom of
expression, and persistent barriers to United States
investment.
\(3\) The October 29, 2025, general elections were marked by
significant political interference, including ballot
manipulation and vote tabulation irregularities, which
favored incumbent President Samia Suluhu Hassan and other
candidates of Tanzania's parliamentary majority party, Chama
Cha Mapinduzi \(CCM\).
\(4\) Leading up to the general elections in Tanzania's
October 29, 2025, election, multiple incidents of political
abductions and disappearances occurred in Tanzania, most
recently the abduction and subsequent disappearance of
Tanzanian Ambassador Humphrey Polepole on October 6, 2025.
\(5\) A range of actions by the CCM, a political party that
has continuously held a parliamentary majority and controlled
Tanzania's central government since the CCM's formation in
1977, has severely undermined democracy in the country.
\(6\) The ongoing treason trial of Chadema opposition figure
Tundu Lissu, terrorism charges against Chadema Deputy John
Heche, and charges and detentions of other opposition party
members are politically motivated and intended to prevent
opposition figures from standing for elections.
\(7\) The Government of Tanzania has engaged in violations of
religious freedom, including the revocation of registration
for religious institutions, harassment, detention, and
attacks against religious leaders, and restrictions on
religious worship and expression.
\(8\) During mass citizen protests against Tanzania's
fraudulent and illegitimate October 29, 2025, general
elections, the Tanzanian Police and Tanzania Defense Forces
killed hundreds of Tanzanian citizens and endangered the
lives of United States citizens and tourists visiting the
country.
\(9\) While protestors faced attacks by Tanzanian Security
Forces, the Government of Tanzania imposed an internet
shutdown impacting online connections, communications,
business, and banking, disrupting regional trade and costing
the country an estimated $238,000,000 in the process.
\(10\) In response to this unprecedented violence and unrest
in Tanzania, the United States Embassy in Tanzania issued a
Security Alert on October 30, 2025, calling on United States
citizens in Tanzania to shelter-in-place.
\(11\) Following the electoral protests, the Tanzanian
electoral commission released disputed results from the
fraudulent election, declaring President Samia Suluhu Hassan
the winner with 98 percent of the vote.
\(12\) On December 4, 2025, the Department of State announced
a comprehensive review of the bilateral relationship between
the United States and Tanzania.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) over the last three years, the actions by the
Government of Tanzania—
\(A\) have subverted democracy;
\(B\) have blatantly violated citizens' internationally-
recognized human rights;
\(C\) have disrupted regional trade;
\(D\) have endangered the safety and security of Tanzanians,
tourists, and the diplomatic community;
\(E\) place United States national interests in Tanzania at
risk; and
\(F\) threaten to undermine regional stability and long-term
bilateral cooperation between the United States and Tanzania;
and
\(2\) the United States—
\(A\) supports the decision to terminate Tanzania's
Millennium Challenge Corporation threshold program;
\(B\) expresses solidarity with the people of Tanzania;
\(C\) recognizes the unprecedented levels of violence
experienced in Tanzania; and
\(D\) supports calls for an international independent
investigation into the pre- and post-election violence in
Tanzania that will result in those who conducted violence
against Tanzania civilians being held accountable for
violations of internationally-recognized human rights.
SEC. 1284. REVIEW OF THE UNITED STATES RELATIONSHIP WITH
TANZANIA.
\(a\) Reassessment of the United States-Tanzania Bilateral
Relationship.—The Secretary of State, in coordination with
the Secretary of Defense, the United States Trade
Representative, and the heads of other relevant Federal
agencies, shall conduct a comprehensive reassessment of the
bilateral relationship between the United States and
Tanzania.
\(b\) Elements.—The reassessment required under subsection
\(a\) shall—
\(1\) review efforts taken by the Department of State to
press for the release of religious and opposition leaders
unjustly detained by the Government of Tanzania;
\(2\) analyze the democratic priorities and trajectory of
Tanzania;
\(3\) develop a detailed strategy outlining the necessary
democratic reforms needed in Tanzania;
\(4\) assess United States security assistance to Tanzania to
ensure the Tanzanian Defense Forces and the Tanzanian Police
are reliable partners that—
\(A\) adhere to Tanzania's constitutionally mandated human
rights and rule of law norms; and
\(B\) protect the safety of the citizens and all of the
visitors to Tanzania;
\(5\) evaluate the relationship between the Government of
Tanzania and the Government of the People's Republic of
China, including—
\(A\) military and security cooperation, including training,
exercises, arms transfers, and cooperation between defense,
intelligence, or law enforcement entities;
\(B\) economic engagement, including investments, loans, and
financing involving Chinese-state-owned or affiliated
entities, and the impact of such activities on market access,
debt sustainability, and the competitiveness of United States
companies; and
\(C\) political cooperation with the Government of the
People's Republic of China that seeks to undermine democratic
principles, advance one-party consolidation, and solidify
anti-American and anti-Western sentiment internally and
internationally;
\(6\) assess the likely impact of the measures authorized
under this subtitle on United States strategic and security
interests in Tanzania and East Africa, including regional
security cooperation, maritime security, and competition with
the People's Republic of China; and
\(7\) evaluate the relationship between the Government of
Tanzania and the Government of the Russian Federation,
including—
\(A\) military and security cooperation, including training,
exercises, arms transfers, and cooperation between defense,
intelligence, or law enforcement entities; and
\(B\) economic engagement activities, including investments,
loans, and financing involving Russian state-owned or
affiliated entities, and the impact of such activities on
market access, debt sustainability, and the competitiveness
of United States companies, with a particular focus on
Russian investment in the energy, critical minerals,
healthcare, and agriculture sectors.
\(c\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate committees of Congress that
includes the findings of the reassessment required under
subsection \(a\).
SEC. 1285. REPORT ON CERTAIN INDIVIDUALS IN LEADERSHIP
POSITIONS IN TANZANIA.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit a report to the
appropriate committees of Congress that includes a list of
each foreign person the Secretary determines—
\(1\) holds a senior position in the Government of Tanzania,
the leadership of Chama Cha Mapinduzi, the Tanzania Police
Force, the Tanzanian People's Defense Force, or the Tanzanian
Intelligence and Security Service; and
\(2\) is responsible for or complicit in, or has directly or
indirectly engaged in—
\(A\) ordering, controlling, or otherwise directing
abductions, enforced disappearances, or arbitrary detention
of political opponents, journalists, or civil society actors;
\(B\) targeting harassment, intimidation, detention, or use
of violence against journalists, media organizations, or
activists to suppress dissent or silence public reporting on
violations of internationally-recognized human rights;
\(C\) censorship or other restrictions on media, shutdowns or
reductions to internet access, or restrictions on freedom of
expression intended to conceal abuses of internationally-
recognized human rights or to prevent the dissemination of
credible information;
\(D\) severe violations of religious freedom, including the
persecution of individuals or groups on the basis of
religion, prohibitions or restrictions on religious worship,
assembly, or expression, or acts of violence, coercion, or
discrimination against religious communities;
\(E\) the use of transnational repression tactics that target
foreign nationals, Tanzanian citizens, and diaspora members
regionally and internationally;
\(F\) extrajudicial killings, torture, or gross violations of
internationally recognized human rights; or
\(G\) other actions that violate or undermine internationally
recognized human rights or the civil liberties guaranteed to
Tanzanian citizens under the Constitution of Tanzania.
SEC. 1286. SANCTIONS.
\(a\) In General.—Not later than 30 days after the
submission of the report required under section 1285, the
President may impose the sanctions described in subsection
\(b\) with respect to any foreign person described in section
1285\(1\) that the Secretary of State determines meets the
criteria described in section 1285\(2\).
\(b\) Sanctions Described.—The sanctions described in this
subsection are the sanctions authorized under the Global
Magnitsky Human Rights Accountability Act \(22 U.S.C. 10101 et
seq.\).
SEC. 1287. PROHIBITION ON CERTAIN UNITED STATES ASSISTANCE
AND INVESTMENTS FOR TANZANIA.
\(a\) Prohibition.—Except as provided in subsections \(c\) and
\(d\), assistance, grants, loans, loan guarantees, insurance,
equity investments, and other support provided by the United
States International Development Finance Corporation, the
Export-Import Bank of the United States, or the United States
Trade and Development Agency may not be obligated, expended,
or otherwise made available for any entity in Tanzania.
\(b\) Termination After Certification.—The prohibition under
subsection \(a\) shall terminate beginning on the date that is
30 days after the date on which the Secretary of State
submits to the appropriate committees of Congress a written
certification that the Government of Tanzania has—
\(1\) taken steps to enact electoral reforms to advance free,
fair, and transparent elections;
\(2\) demonstrated substantial progress suspending
politically motivated or illegitimate criminal proceedings
and releasing opposition leaders and other individuals who
were detained on politically motivated grounds;
\(3\) allowed independent, outside investigators to conduct
their own investigation into the October 2025 election
violence;
\(4\) begun a dialogue with opposition leaders facilitated by
a third-party mediator or entity to discuss reconciliation
efforts and a way forward following the October 2025 election
violence; and
\(5\) taken steps to ensure the ability of media figures,
journalists, and civil society actors to operate free from
state sponsored violence.
\(c\) Exceptions.—The prohibition under subsection \(a\) shall
not apply to—
\(1\) humanitarian assistance;
\(2\) health assistance; or
\(3\) assistance to support democracy, human rights,
governance, and civil society in Tanzania.
\(d\) Waiver.—The Secretary of State may waive the
prohibition under subsection \(a\) if the Secretary determines
and notifies the appropriate committees of Congress that the
issuance of such waiver is in the national interests of the
United States.
SEC. 1288. PROHIBITION ON MILLENNIUM CHALLENGE CORPORATION
FUNDS FOR TANZANIA.
\(a\) Prohibition.—Except as provided in subsection \(b\), no
funds authorized to be appropriated or otherwise made
available to carry out section 609 or 616 of the Millennium
Challenge Act of 2003 \(22 U.S.C. 7708 and 7715\) may be made
available to Tanzania.
\(b\) Termination After Certification.—The prohibition under
subsection \(a\) shall terminate beginning on the date that is
30 days after the date on which the Board of Directors of the
Millennium Challenge Corporation, acting through the Chief
Executive Officer of the Millennium Challenge Corporation,
submits to the appropriate committees of Congress a written
certification that the Government of Tanzania has
demonstrated its commitment to just and democratic governance
in accordance with the criteria described in section 607 of
the Millennium Challenge Act of 2003 \(22 U.S.C. 7706\).
SEC. 1289. DEFINED TERM.
In this subtitle, the term “appropriate committees of
Congress” means—
\(1\) the Committee on Foreign Relations of the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Foreign Affairs of the House of
Representatives; and
\(4\) the Committee on Appropriations of the House of
Representatives.
SEC. 1290. SUNSET.
This subtitle shall cease to have any force or effect
beginning on the date that is 5 years after the date of the
enactment of this Act.
SA 6511. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. ESTABLISHMENT OF UKRAINE LESSONS LEARNED TASK
FORCE.
\(a\) Establishment.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State and the Chairman of
the Joint Chiefs of Staff, shall establish a joint
interagency task force, to be known as the “Ukraine Lessons
Learned Task Force” \(referred to in this section as the
“Task Force”\).
\(b\) Purposes.—The purposes of the Task Force are—
\(1\) identifying, evaluating, and synthesizing key
battlefield innovations, operational practices, and defense
strategies employed by Ukraine in its resistance to Russian
aggression;
\(2\) assessing the relevance of such lessons to United
States military doctrine, training, logistics, acquisition,
and strategic planning;
\(3\) recommending specific changes or pilot programs to
integrate such lessons into United States defense systems;
\(4\) identifying vulnerabilities in United States systems
highlighted by Ukraine's experience, including through joint
operations such as Operation Spider Web; and
\(5\) coordinating with NATO allies and Ukrainian defense
counterparts, as appropriate.
\(c\) Reporting Requirements.—
\(1\) Annual report to congress.—Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary of State,
in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall submit a to the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
congressional defense committees a report that includes—
\(A\) a summary of the findings and assessments conducted by
the Task Force;
\(B\) recommendations for changes to doctrine, training,
acquisition, or organizational structure;
\(C\) an overview of any pilot programs or implementation
actions taken in response to such recommendations; and
\(D\) a classified annex with detailed assessments, to the
extent necessary.
\(2\) Public version.—An unclassified version of the report
required under paragraph \(1\) that excludes sensitive and
classified information shall be made available to the public
through a public website.
\(d\) Integration Into Military Training and Strategy.—The
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall ensure that relevant findings from the Task Force
are—
\(1\) incorporated into professional military education
curricula, including at the National Defense University,
service academies, and war colleges;
\(2\) reflected in joint and service-specific training
exercises and war games; and
\(3\) considered in the development of future operational
concepts and planning scenarios.
\(e\) NATO and Allied Coordination.—The Secretary of State,
in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall coordinate with
NATO allies—
\(1\) to share and compare assessments of lessons learned
from Ukraine's defense;
\(2\) to promote interoperability in defense innovation; and
\(3\) to explore the establishment of a multilateral
“Defense Innovation Lessons Hub” or similar mechanism.
\(f\) Sunset.—This section shall cease to have any force or
effect beginning on the date that is 5 years after the date
of the enactment of this Act.
SA 6512. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. 12. ANNUAL REPORT.
\(a\) Short Title.—This section may be cited as the “Saving
Lives and Taxpayer Dollars Act”.
\(b\) In General.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter through
December 31, 2030, the Secretary of State, in coordination
with the head of the relevant Federal department or agency
responsible for administering assistance under part I of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2151 et seq.\) or
under the Food for Peace Act \(Public Law 83-480; 7 U.S.C.
1721 et seq\) shall submit a report to the appropriate
congressional committees that describes any foreign
assistance product or commodity that, despite all reasonable
efforts to prevent contamination, spoilage, or expiration or,
having reached the end of a product's useful life under the
laws of the United States or of the recipient country, was
destroyed during the reporting period.
\(c\) Contents.—The report required under subsection \(b\)
shall include, for each product or commodity that was
contaminated, spoiled, expired, or reached the end of its
useful life and was destroyed—
\(1\) a description of the reasonable efforts made to prevent
waste and ensure the product or commodity reached the
intended beneficiaries;
\(2\) the reason the product or commodity could not be made
available to the intended beneficiaries, including a
description of any relevant domestic laws or regulations of
the intended beneficiary country that impeded or prohibited
the delivery, donation or sale of such product or commodity
prior to its spoilage, expiration date, or the date on which
the product reached the end of its useful life;
\(3\) the purpose of the product or commodity and the
geographic locations of the intended beneficiaries of such
product or commodity;
\(4\) the procured and market value of the products or
commodity; and
\(5\) the cost incurred to destroy the product or commodity,
as applicable.
\(d\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Appropriations of the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Appropriations of the House of
Representatives.
\(2\) Foreign assistance product or commodity.—The term
“foreign assistance product or commodity” means any product
or commodity provided by the United States Government under
part I of the Foreign Assistance Act of 1961 \(22 U.S.C. 2151
et seq.\) or under the Food for Peace Act \(Public Law 83-480;
7 U.S.C. 1721 et seq.\), including food, specialized nutrition
products, medicines, vaccines, and medical supplies and
devices that are procured, acquired, managed, controlled, or
held in warehouse, ships, shipping
containers, or any other storage facility, by the United
States Government or an implementing partner of the United
States Government.
\(3\) Reporting period.—The term “reporting period”
means—
\(A\) with respect to the initial report required under
subsection \(b\), the period beginning on the date of the
enactment of this Act and ending on the date on which such
report is submitted to the appropriate congressional
committees; and
\(B\) with respect to all subsequent reports required under
subsection \(b\), the period beginning on the day after the
date on which the prior report was submitted pursuant to
subsection \(b\) and ending on the date on which the next
report is submitted.
SA 6513. Mrs. SHAHEEN \(for herself and Mr. Ricketts\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—U.S. Technology Procurement and Access to Trusted Hardware
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “U.S. Technology
Procurement and Access to Trusted Hardware Act” or the
“U.S. Tech PATH Act”.
SEC. 1282. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives.
\(2\) Foreign country of concern.—The term “foreign country
of concern” has the meaning given the term “covered
nation” in section 4872\(f\) of title 10, United States Code.
\(3\) Foreign government partner.—The term “foreign
government partner” includes international organizations.
\(4\) International organizations.—The term “international
organizations” has the meaning given the term in section 1
of the International Organizations Immunities Act \(22 U.S.C.
288\).
\(5\) Trusted cyber and digital technologies.—The term
“trusted cyber and digital technologies” means
technologies, including equipment, services, hardware, or
software used in information and communications technology
networks, for which the Secretary of State, in coordination
with the Secretary of Commerce, has determined—
\(A\) the provider, supplier, or manufacturer is not owned
by, controlled by, or subject to the influence of a foreign
country of concern; and
\(B\) do not pose an unacceptable risk to the national
security of the United States or the security and safety of
United States persons.
\(6\) Pax silica initiative.—The term “Pax Silica
initiative” refers to the Department of State-led
diplomatic, economic security, and supply chain initiative,
announced on December 11, 2025, to strengthen cooperation
among the United States, allied countries, partner countries,
industry, and other relevant stakeholders for the purpose of
developing and securing trusted supply chains and
infrastructure necessary for artificial intelligence,
semiconductors, advanced manufacturing, and other
technologies determined by the Secretary of State to be
essential to United States national security, economic
security, and technological competitiveness.
SEC. 1283. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) foreign government partners are increasingly turning
towards strategic competitors like the People's Republic of
China to procure cyber and digital technologies due to their
low-cost, acceptable efficacy, ease and speed of acquisition,
and support for associated training and maintenance;
\(2\) foreign government partner procurement of cyber and
digital technologies from suppliers aligned with strategic
competitors of the United States poses significant and
distinct risks, including—
\(A\) supply chain vulnerabilities created by dependence on
strategic competitors whose governments may compel access to
data, networks, or systems, undermining the cybersecurity and
strategic autonomy of the procuring government;
\(B\) the erosion of interoperability and alignment with
United States cybersecurity frameworks, standards, and best
practices, reducing the ability of foreign government
partners to operate securely alongside United States systems
and those of United States allies; and
\(C\) the adoption of digital governance practices that are
inconsistent with United States economic and national
security interests;
\(3\) United States foreign government partners consistently
signal strong demand for trusted cyber and digital
technologies from United States suppliers;
\(4\) United States initiatives such as Pax Silica should
facilitate technology procurements by building enduring
technology partnerships between foreign government partners
and United States suppliers, including by—
\(A\) assisting foreign government partners in navigating
regulatory, logistical, and technical hurdles to trusted
cyber and digital technology procurement;
\(B\) providing foreign government partners with strategic
direction from the United States Government;
\(C\) incorporating foreign government partner needs into
program development from the outset; and
\(D\) maintaining long-term engagement with foreign
government partners throughout the procurement cycle of
trusted cyber and digital technologies; and
\(5\) as the United States seeks to maintain its global
competitive edge in critical and emerging technologies,
including advanced cybersecurity, artificial intelligence,
advanced telecommunications, and robotics, it is in the
interest of the United States Government to establish
policies and procedures that streamline foreign government
partners' ability to procure trusted and reliable
technologies from the United States and United States allies
and partners.
SEC. 1284. UNITED STATES TECHNOLOGY PROCUREMENT PROGRAM.
\(a\) Establishment.—There is established in the Department
of State the United States Cyber and Digital Technology
Procurement Program \(referred to in this subtitle as the
“Program”\), which shall be administered by the Bureau for
Cyberspace and Digital Policy, and which may support Pax
Silica and other related initiatives. To the maximum extent
practicable, the Program shall seek to serve as a demand-
driven mechanism in response to cyber and digital technology
needs as determined by the participating foreign government
partner.
\(b\) Purposes.—The purposes of the Program shall include
the following:
\(1\) To streamline foreign government partner procurement of
trusted cyber and digital technologies, including commercial
off-the-shelf technologies, consistent with United States
export control laws, including cybersecurity standards
appropriate to relevant policy goals of the United States.
\(2\) To establish long-term cyber and digital technology
procurement pipelines with United States providers, including
after the termination of the Program.
\(3\) To identify the appropriate United States Government
financing mechanisms to address challenges associated with
affordability of trusted cyber and digital technologies.
\(4\) To provide a comprehensive package to foreign
government partners, with the support of and in coordination
with United States industry technical experts, as
appropriate, to navigate trusted cyber and digital technology
procurement requirements, to understand technical and system
complexity, to assess absorptive capacity, and to identify
foreign government partner-specific logistical and export
control challenges, including by—
\(A\) designing and implementing procurement, deployment, and
technical knowledge transfer that enable the participating
foreign government partner to modernize and secure systems;
\(B\) providing clear guidelines for United States and
trusted foreign supplier entry and eligibility;
\(C\) conducting assessments related to the participating
foreign government partner's workforce or technological
requirements, including any gaps in absorptive capacity,
including—
\(i\) feasibility studies to identify, design, and implement
the deployment of trusted cyber and digital technology
solutions; and
\(ii\) sustainability assessments to determine the
participating foreign government partner's ability to procure
and invest in trusted cyber and digital technologies,
including the ability to sustain such investments in the
long-term;
\(D\) providing capacity building to ensure that the
participating foreign government partner obtains the relevant
skills for requirements identification and assessment,
integration of United States procurements into existing
operating environments, research and procurement, logistics,
deployment, and configuration to ensure a long-term
arrangement with United States suppliers; and
\(E\) assisting the participating foreign government partner
in developing a long-term strategy to procure and budget for
trusted cyber and digital technology procurements, including
beyond the end of the Program's lifecycle.
\(5\) To assess the risks and tradeoffs of foreign government
partners adopting cyber and digital technologies from foreign
countries of concern and prioritize foreign government
partners for outreach efforts based on that risk assessment.
\(c\) Covered Cyber and Digital Technologies.—In
implementing the Program, the Secretary of State shall, in
coordination with the participating foreign government
partner and United States industry technical experts, as
appropriate, prioritize the following trusted cyber and
digital technologies, as well as any other trusted cyber and
digital technologies designated by the Secretary pursuant to
subsection \(d\):
\(1\) Software and its associated subscriptions and
licensing, including—
\(A\) operating systems;
\(B\) enterprise management software;
\(C\) cloud-based storage solutions and compute access;
\(D\) industrial control and automation software, including
Supervisory Control and Data Acquisition \(SCADA\), distributed
control systems \(DCS\), and programmable logic controller
\(PLC\) programming environments;
\(E\) digital twin, simulation, and modeling software; and
\(F\) cloud and edge orchestration platforms for robotic and
operational technology \(OT\) device management.
\(2\) Hardware, including—
\(A\) processors;
\(B\) human-machine interfaces \(HMIs\) and operator consoles;
\(C\) networking equipment, including switches, routers, and
gateways;
\(D\) industrial networking equipment;
\(E\) biotechnology equipment, including genomic sequencers
and related hardware; and
\(F\) other related technologies.
\(3\) Cybersecurity products, including—
\(A\) firewalls;
\(B\) intrusion detection and prevention systems;
\(C\) Security Information and Event Management \(SIEM\)
systems;
\(D\) threat intelligence and monitoring systems;
\(E\) endpoint detection systems;
\(F\) Security Operations Centers \(SOC\);
\(G\) secure authentication systems; and
\(H\) cybersecurity training and consulting services.
\(4\) Telecommunications equipment, including—
\(A\) subsea fiber-optic cable and associated equipment;
\(B\) cellular equipment, including open radio access network
\(ORAN\) equipment;
\(C\) satellite-enabling infrastructure; and
\(D\) broadband infrastructure, including fiber optic network
equipment.
\(5\) Equipment and related products to enable the adoption
of artificial intelligence \(AI\) solutions, including—
\(A\) compute;
\(B\) storage;
\(C\) memory;
\(D\) models, including both closed- and open-weight models;
\(E\) AI model licenses;
\(F\) edge AI capabilities, including next-generation
smartphone technology and relevant mobile operating systems;
and
\(G\) AI model applications.
\(d\) Annual Review of Covered Cyber and Digital
Technologies.—The Secretary of State shall conduct an annual
assessment to identify the inclusion or removal of
technologies under subsection \(c\) based on the national
security risk to the United States of a foreign country of
concern gaining significant market share of such technology
within a foreign government partner country.
\(e\) Risk Mitigation Requirements.—The Secretary shall—
\(1\) before approving a partnership under the Program—
\(A\) conduct, and submit to the appropriate congressional
committees, an initial assessment of cyber and digital
technology misuse and diversion risks, including—
\(i\) the foreign government partner's export control
enforcement capacity;
\(ii\) the foreign government partner's history of technology
transfer to foreign countries of concern, including
permitting remote access to technology; and
\(iii\) investments by foreign countries of concern in the
foreign government partner's critical sectors;
\(B\) establish monitoring and mitigation requirements
proportional to the risk assessed under paragraph \(1\);
\(C\) include end-use monitoring provisions in all Program
agreements; and
\(D\) coordinate with the intelligence community and the
Department of Defense regarding counterintelligence and
national security risks; and
\(2\) on an annual basis for the duration of a partnership
under the Program, update and submit to the appropriate
congressional committees the assessment required by paragraph
\(1\) in order to continually assess the conditions described
in clauses \(i\), \(ii\), and \(iii\) of paragraph \(1\)\(A\),
including any improvements in such conditions.
\(f\) Foreign Government Partner Contribution.—For any
partnership with a foreign government partner under the
Program, the Secretary shall, to the maximum extent
practicable, seek to ensure cost-sharing with the foreign
government partner to facilitate the foreign government
partner's long-term buy-in and sustained procurements of
trusted cyber and digital technologies.
\(g\) Additional Interagency Coordination.—In implementing
the Program, to address challenges associated with
affordability, financing, technical evaluations, procurement
requirements, and long-term capacity building, the Secretary
of State shall, on a case-by-case basis, coordinate, as
appropriate, with the relevant Federal agencies, including
the Department of Commerce, the United States International
Development Finance Cooperation, and the United States Trade
and Development Agency.
\(h\) Use of Funds.—Funds made available to carry out the
Program shall be used—
\(1\) to provide assistance or financing—
\(A\) to foreign government partner civilian government
agencies; or
\(B\) to law enforcement or military agencies, only if such
entities are the owners and operators of the foreign
government partner's civilian critical infrastructure; and
\(2\) to develop blended finance mechanisms, co-developed
with the participating foreign government partner, that
partners with fund managers, project developers, third-party
investors, infrastructure providers, and other private
partners to advance the objections outlined in subsection
\(b\).
\(i\) Partner Disqualification.—
\(1\) Prohibition on the use of funds.—No funds shall be
made available under this subtitle to—
\(A\) a foreign country of concern; or
\(B\) any country, entity, or person—
\(i\) upon which sanctions are imposed by the United States
Department of the Treasury; or
\(ii\) that is an entity or person on the Entity List
maintained by the Bureau of Industry and Security of the
Department of Commerce and set forth in Supplement No. 4 to
part 744 of title 14, Code of Federal Regulations.
\(2\) Vetting.—The Secretary of State shall vet foreign
government partners to determine whether there is credible
information that such partner—
\(A\) has committed serious human rights abuses or engaged in
corruption, as defined by section 1 of Executive Order 13818
\(50 U.S.C. 1701 note; relating to blocking the property of
persons involved in serious human rights abuse or
corruption\), or is determined to be ineligible for assistance
pursuant to section 620M of the Foreign Assistance Act of
1961 \(22 U.S.C. 2378d\); and
\(B\) uses or is likely to use technologies outlined in
subsection \(c\) and supported by this subtitle to engage in—
\(i\) violations of human rights;
\(ii\) targeted or bulk surveillance in violation of rule of
law principles or fundamental freedoms;
\(iii\) the monitoring of journalists, activists, human
rights defenders, opposition parties, or political
dissidents;
\(iv\) internet shutdowns or to limit or control elections or
protests;
\(v\) political censorship or the targeting and suppression
of political speech or political opponents;
\(vi\) denial of access to technology or services based on
race, ethnicity, gender, religion, or other discriminatory
factors; and
\(vii\) acts of transnational repression.
\(3\) Disqualification.—Any foreign government partner
determined by the Secretary of State to engage in the
activities described in paragraph \(2\)\(B\) shall be ineligible
for support or assistance under this subtitle.
\(j\) Regional Technology Officers.—The Secretary of State
shall, to the maximum extent practicable, leverage the
Department of State's Regional Technology Officer Program,
pursuant to section 9508 of the Department of State
Authorization Act of 2022 \(22 U.S.C. 10305\), to assist United
States overseas missions in identifying foreign government
partners to participate in the Program.
\(k\) Foreign Commercial Officers.—As appropriate, the
Secretary of State shall, in coordination with the Secretary
of Commerce, seek to leverage the Foreign Commercial Officer
Program to assist United States overseas missions in
identifying foreign government partners to participate in the
Program.
\(l\) Congressional Notification Requirement.—Not later than
15 days before amounts from the Cyberspace, Digital
Connectivity, and Related Technologies \(CDT\) Fund are
obligated for purposes of carrying out this section, the
Secretary of State shall submit notification of such
obligation to—
\(1\) the Committee on Foreign Relations in the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Foreign Affairs in the House of
Representatives; and
\(4\) the Committee on Appropriations of the House of
Representatives.
\(m\) Annual Report.—Not later than one year after the date
of the enactment of this Act and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Commerce, shall submit to the appropriate congressional
committees a report that includes—
\(1\) a complete list of participating foreign government
partners in the Program;
\(2\) progress and results achieved in the previous calendar
year;
\(3\) the overall amount of purchases or investments each
foreign government partner has made since initial
participation in the Program;
\(4\) specific trusted cyber and digital technologies
provided to participating foreign government partners,
including—
\(A\) the name of the provider company or companies;
\(B\) the total value of the procurements;
\(C\) description of the capability; and
\(D\) how the procured capability addresses the original
request submitted by the foreign government partner, if
applicable;
\(5\) next steps for each participating foreign government
partner in their respective Program pipeline;
\(6\) any challenges for a foreign government partner's
participation in the Program, including how those challenges
are being addressed; and
\(7\) how risks related to technology transfer, if
applicable, are being mitigated.
\(n\) Authorization of Appropriations.—There is authorized
to be appropriated
$500,000,000 for fiscal year 2026 through fiscal year 2031 to
the Cyberspace, Digital Connectivity, and Related
Technologies \(CDT\) Fund under section 592 of the Foreign
Assistance Act for Fiscal Year 1961 \(22 U.S.C. 2349cc-1\) for
purposes of carrying out this section.
\(o\) Sunset.—The Program and its associated authorities
established under this section shall terminate on the date
that is eight years after the date of the enactment of this
Act.
SEC. 1285. OFFICE OF UNITED STATES TECHNOLOGY PROCUREMENT.
\(a\) Designation of Responsibility.—The Secretary of State
shall designate an existing office within the Bureau for
Cyberspace and Digital Policy of the Department of State, or
newly establish an Office of United States Technology
Procurement \(referred to in this subtitle as the “Office”\),
which shall be responsible for administering the Program.
\(b\) Personnel.—
\(1\) Composition.—The Office shall be comprised of a
Director, a Deputy Director, and such other staff as the
Secretary deems appropriate.
\(2\) Staffing.—The Office shall include personnel with
demonstrated expertise or experience in performing the
following functions:
\(A\) Grant design and management.
\(B\) Program monitoring, evaluation, and learning.
\(C\) Cyber and digital technology commercialization,
deployment, or procurement.
\(3\) Director.—The Director of the Office shall fulfill the
following responsibilities:
\(A\) Identify, on an annual basis, specific strategic
priorities for the Program consistent with United States
national security priorities and objectives.
\(B\) In coordination with the other relevant officials,
select and approve all partnerships with foreign government
partners under the Program.
\(C\) Conduct oversight, monitoring, and evaluation of the
effectiveness of the Program, including long-term outcome
assessments, to ensure the Program advances United States
foreign policy and national security interests and to ensure
monitoring, evaluation, and learning results directly inform
future grant decisions.
\(D\) Ensure, to the maximum extent practicable, that all
Program activities are carried out in coordination with other
Federal efforts to promote the United States technology stack
overseas.
\(E\) Compiling and submitting the list required by section
1284\(m\).
\(4\) Deputy director.—The Deputy Director of the Office may
have responsibility for policy and programming to assist the
Director, particularly with respect to coordination with
other United States departments and agencies.
\(c\) Authorization of Appropriations.—There is authorized
to be appropriated $2,000,000 for fiscal years 2026 through
2028 for the purposes of implementing the Office.
SEC. 1286. EXPANDING NECESSARY TECHNOLOGY AND RELATED
EXPERTISE AT UNITED STATES OVERSEAS MISSIONS.
\(a\) Sense of Congress.—It is the sense of Congress that,
for the United States Government to successfully implement
the Program, it is vital that the United States recruit and
retain the necessary talent to facilitate such partnerships.
\(b\) In General.—The Secretary of State shall, to the
maximum extent possible, take measures to ensure that United
States overseas missions in countries that are participating
in the Program host at least one full-time personnel with
demonstrated proficiency in matters related to cybersecurity,
technology, and other related expertise to sufficiently carry
out the Program.
SEC. 1287. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE
REGIONAL TECHNOLOGY OFFICER PROGRAM.
Subsection \(d\) of section 9508 of the Department of State
Authorization Act of 2022 \(22 U.S.C. 10305\) is amended by
striking “2027” and inserting “2032”.
SEC. 1288. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND
DIGITAL TECHNOLOGIES.
\(a\) Statement of Policy.—It is the policy of the United
States to support market-based mechanisms for the export and
adoption of United States cyber and digital technologies
abroad, and to oppose state-directed or state-controlled
economic models that risk to displace or crowd out private-
sector competition in cyber and digital technology markets.
\(b\) In General.—Nothing in this subtitle shall be
construed to permit the Secretary of State, in coordination
with other relevant Federal agencies, in carrying out the
program outlined in section 1284\(a\)—
\(1\) to unduly interfere with, or seek to substitute for,
market-based competition among United States cyber and
digital technology providers;
\(2\) to condition access to program support on the
acceptance of commercial terms, partnerships, or business
arrangements that United States cyber and digital technology
providers would not voluntarily accept in an arm's length
commercial transaction; or
\(3\) to require foreign government partners to receive
approval from the United States Government for procurements
from United States cyber and digital technology providers
pursued outside the Program, except as otherwise required by
any other regulations or Federal law.
\(c\) Cyber and Digital Technology Small Business Owners.—
Notwithstanding subsection \(a\), in carrying out the Program,
the Secretary of State may provide targeted assistance,
including capacity-building support and the facilitation of
foreign government partner engagement, to United States small
businesses and companies that lack the global reach, existing
relationships, or resources to compete independently in
foreign government partner procurement markets, provided that
such assistance does not confer an unfair competitive
advantage over other United States cyber and digital
technology providers.
SEC. 1289. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than one year after the date of the enactment of
this Act, and not less frequently than every two years until
the termination of the Program's authorities, the Comptroller
General of the United States shall conduct and submit to the
appropriate congressional committees a review of the Program.
The review shall include an assessment of the Department of
State's implementation of the Program, including—
\(1\) the Department of State's capacity to implement the
Program, including personnel and budgetary resources;
\(2\) whether the Department of State has established the
necessary processes and procedures to successfully achieve
the Program objectives outlined in section 1284;
\(3\) the Department of State's ability to conduct
appropriate monitoring and evaluation of Program
implementation;
\(4\) any technologies added or removed from the list under
section 1284\(c\) of covered cyber and digital technologies;
and
\(5\) any other elements deemed necessary by the Comptroller
General of the United States.
SEC. 1290. FOREIGN SERVICE OFFICER TECHNOLOGY CAREER TRACK
FEASIBILITY STUDY AND REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall—
\(1\) conduct a study to determine the feasibility and
advisability of establishing a dedicated technology policy
career track or “cone” for Foreign Service officers; and
\(2\) submit a report containing a summary of the results of
such study to the appropriate committees of Congress.
SEC. 1291. DERIVATION OF FUNDS.
Amounts made available to carry out this subtitle shall be
derived from amounts authorized to be appropriated or
otherwise made available to the Department of State.
SA 6514. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of part III of subtitle F of title V, add the
following:
SEC. 566. DEPLOYMENT-READY EMPLOYER DESIGNATION WITHIN
MILITARY SPOUSE EMPLOYMENT PARTNERSHIP.
\(a\) Establishment.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
establish within the Military Spouse Employment Partnership a
voluntary recognition designation, to be known as the
“Deployment-Ready Employer” designation, for employers that
demonstrate exemplary support for military spouses and
military families during periods of military deployment.
\(b\) Criteria.—In establishing criteria for the designation
under subsection \(a\), the Secretary may consider whether an
employer maintains policies or practices relating to—
\(1\) workplace flexibility for military spouses during
periods of military deployment;
\(2\) telework or remote work opportunities, where duties
permit;
\(3\) flexible scheduling to accommodate military family
responsibilities;
\(4\) leave policies responsive to military family needs;
\(5\) employment continuity for military spouses following
permanent changes of station;
\(6\) recruitment, retention, and career advancement of
military spouses; and
\(7\) such other factors as the Secretary determines
appropriate.
\(c\) Consultation.—In establishing criteria for the
designation under subsection \(a\), the Secretary shall consult
with military spouses, employers participating in the
Military Spouse Employment Partnership, military family
advocacy organizations, and other stakeholders, as determined
appropriate by the Secretary.
\(d\) Recognition.—The Secretary shall—
\(1\) publicly recognize employers receiving the designation
under subsection \(a\);
\(2\) maintain on a publicly available website a list of
employers receiving the designation; and
\(3\) promote employers with the designation through outreach
and engagement activities of the Military Spouse Employment
Partnership.
\(e\) Annual Briefing.—Not later than March 1 of each year
beginning after the establishment of the designation under
subsection \(a\), the Secretary shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on—
\(1\) participation in the designation program under
subsection \(a\);
\(2\) employer practices identified as effective in
supporting military families during deployments; and
\(3\) any recommendations for improving employment outcomes
for military spouses.
SA 6515. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2829. TRACKING OF REPEATED HOUSING DEFECTS AND MANDATORY
ESCALATION.
\(a\) In General.—Subchapter III of chapter 169 of title 10,
United States Code is amended by inserting after section 2869
the following new section:
“Sec. 2869a. Tracking of repeated housing defects and
mandatory escalation
“\(a\) In General.—The Secretary of Defense shall require
each Secretary concerned to establish a standardized process
for identifying and tracking repeated housing defects in—
“\(1\) military unaccompanied housing \(as defined in section
2871 of this title\);
“\(2\) military family housing owned by the Federal
Government; and
“\(3\) housing under subchapter IV of this chapter that is
associated with a military installation.
“\(b\) Required Escalation.—The Secretary of Defense shall
require that, upon identification of a repeated housing
defect—
“\(1\) the matter shall be elevated for review above the
installation housing office level;
“\(2\) a root-cause assessment shall be conducted; and
“\(3\) any interim measures necessary to protect affected
residents shall be implemented.
“\(c\) Data Elements.—The Secretary of Defense shall
require the collection of standardized data relating to
repeated housing defects, including—
“\(1\) the nature of the defect;
“\(2\) the number of prior work orders or complaints
relating to the same or substantially similar condition;
“\(3\) the period during which the defect recurred;
“\(4\) the time required for final remediation of the
defect; and
“\(5\) such other information as the Secretary determines
appropriate.
“\(d\) Repeated Housing Defect Defined.—In this section,
the term \`repeated housing defect' means a maintenance issue,
habitability concern, or health or safety hazard that—
“\(1\) recurs in the same housing unit, room, building, or
materially related area; or
“\(2\) results in multiple work orders for substantially the
same underlying condition within a period determined by the
Secretary of Defense.”.
\(b\) Guidance.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue guidance to implement section 2869a of title 10, United
States Code, as added by subsection \(a\), including
standardized definitions and thresholds for escalation.
SA 6516. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. PILOT PROGRAM TO IMPROVE EVALUATION AND TRANSITION
OF UNSOLICITED DEFENSE CAPABILITY PROPOSALS.
\(a\) Establishment of Pilot Program.—Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall establish a pilot program to
improve the intake, evaluation, and disposition of
unsolicited proposals submitted to the Department of Defense.
\(b\) Elements.—The pilot program required under subsection
\(a\) shall include, at a minimum, the following:
\(1\) A common electronic means for submission of unsolicited
proposals to the Department of Defense.
\(2\) Standardized guidance regarding the information
required for review of such proposals.
\(3\) A requirement that the Department provide to an
offeror—
\(A\) notice of whether the proposal is complete not later
than 30 days after receipt; and
\(B\) a written disposition of the proposal, including a
brief explanation of the basis for rejection, referral, or
further consideration, not later than 90 days after the
proposal is determined to be complete.
\(4\) Procedures to ensure that, when an unsolicited proposal
is not appropriate for award or negotiation under subpart
15.6 of the Federal Acquisition Regulation, the proposal is
considered for referral, as appropriate, to another
acquisition pathway, including—
\(A\) a broad agency announcement;
\(B\) a commercial solutions opening or similar competitive
solicitation;
\(C\) a prize or challenge competition;
\(D\) a Small Business Innovation Research or Small Business
Technology Transfer topic, where appropriate; or
\(E\) market research or other consideration by a relevant
program office.
\(5\) Procedures to protect proprietary data and restrict
disclosure consistent with applicable law and regulation.
\(c\) Priority Consideration.—In carrying out the pilot
program, the Secretary shall provide priority consideration
to unsolicited proposals that the Secretary determines may
materially improve—
\(1\) production capacity;
\(2\) supply chain resilience;
\(3\) repair, maintenance, or sustainment capability;
\(4\) domestic manufacturing capability;
\(5\) cyber resilience; or
\(6\) cost or schedule performance for an existing or
anticipated defense requirement.
\(d\) Briefing and Report.—
\(1\) Not later than 180 days after the establishment of the
pilot program, the Secretary shall brief the congressional
defense committees on the implementation of the pilot
program.
\(2\) Not later than 1 year after the date on which the pilot
program is established, and annually thereafter for three
years, the Secretary shall submit to the congressional
defense committees a report on the pilot program, including—
\(A\) the number of unsolicited proposals received;
\(B\) the average time required for disposition;
\(C\) the number of proposals rejected, referred, or advanced
for negotiation or award;
\(D\) the number of proposals transitioned to another
acquisition pathway; and
\(E\) participation data, to the extent practicable,
regarding small business concerns, nontraditional defense
contractors, and mid-tier contractors.
\(e\) Rule of Construction.—Nothing in this section shall be
construed to alter the requirements of subpart 15.6 of the
Federal Acquisition Regulation regarding the award of a
contract based on an unsolicited proposal or to authorize the
award of a sole-source contract in violation of otherwise
applicable law.
SA 6517. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. IMPROVEMENTS TO OVERSIGHT, EVALUATION, AND
IMPLEMENTATION OF NON-CLINICAL SUICIDE
PREVENTION TRAINING.
\(a\) Guidance and Reporting Requirements.—Not later than
180 days after the date of enactment of this Act, the Under
Secretary of Defense for Personnel and Readiness shall issue
guidance requiring each military department to submit
annually to the Defense Suicide Prevention Office data
regarding completion of required non-clinical suicide
prevention training for members of the Armed Forces. The
guidance shall—
\(1\) prescribe standardized reporting requirements;
\(2\) provide for collection of active, reserve, and National
Guard component data, as applicable;
\(3\) establish common metrics for measuring completion
rates; and
\(4\) enable the Defense Suicide Prevention Office to monitor
department-wide compliance and inform policy development.
\(b\) Monitoring and Corrective Action.—The Secretary of
each military department shall ensure that the office
responsible for suicide prevention—
\(1\) regularly monitors completion of required annual non-
clinical suicide prevention training across the military
department;
\(2\) identifies organizations or commands with incomplete
training requirements;
\(3\) notifies appropriate prevention personnel and
commanders when deficiencies are identified; and
\(4\) establishes procedures for corrective action and
follow-up to ensure completion of required training.
\(c\) Standardization of Training Records.— The Secretary of
each military department shall establish standardized
procedures for recording approved annual non-clinical suicide
prevention training in the applicable enterprise training
management systems. Such procedures shall—
\(1\) provide uniform course titles and identifiers;
\(2\) ensure reliable and accurate data collection;
\(3\) prevent duplicate or inconsistent entries; and
\(4\) enable headquarters-level oversight of training
completion.
\(d\) Evaluation of Training Effectiveness.—Not later than
one year after the date of enactment of this Act, each
military department shall develop and implement a written
evaluation plan for annual non-clinical suicide prevention
training. Each such plan shall—
\(1\) identify desired training outcomes and performance
measures;
\(2\) assess participant knowledge and behavioral outcomes;
\(3\) measure the extent to which training objectives are
achieved;
\(4\) identify opportunities for improvement;
\(5\) include periodic review and updating of training
content; and
\(6\) incorporate leading practices for program evaluation.
\(e\) Department-wide Assessment Framework.—The Under
Secretary of Defense for Personnel and Readiness, acting
through the Director of the Defense Suicide Prevention
Office, shall establish a framework for assessing the
effectiveness of non-clinical suicide prevention training
throughout the Department of Defense and shall periodically
review data provided by the military departments to identify
trends, gaps, and opportunities for improvement.
\(f\) Project Management and Implementation of Independent
Review Committee Recommendations.—The Director of the
Defense Suicide Prevention Office, in coordination with the
Secretaries of the military departments, shall maintain
project plans for implementation of recommendations relating
to non-clinical suicide prevention training made by the
Suicide Prevention and Response Independent Review Committee.
Such project plans shall—
\(1\) identify milestones, deliverables, and responsible
officials;
\(2\) include procedures for managing uncertainty and
changing requirements;
\(3\) provide for iterative updates as additional information
becomes available;
\(4\) assess risks to implementation, including staffing and
resource challenges;
\(5\) identify mitigation strategies; and
\(6\) establish mechanisms for tracking progress toward
completion.
\(g\) Briefing and Report.—Not later than 270 days after the
date of enactment of this Act, and annually thereafter
through 2030, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report describing—
\(1\) department-wide training completion rates;
\(2\) actions taken to address deficiencies in training
completion;
\(3\) results of evaluations conducted under subsection \(d\);
\(4\) progress implementing recommendations of the Suicide
Prevention and Response Independent Review Committee relating
to training; and
\(5\) any legislative or resource requirements necessary to
improve non-clinical suicide prevention training.
SA 6518. Mr. WARNER \(for himself and Mr. Cornyn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XXVIII, add the
following:
SEC. 2829. DESIGNATION OF CRITICAL HOUSING AREAS AND
COMMUNITY PARTNERSHIP RESPONSE PLANS.
Subchapter III of chapter 169 of title 10, United States
Code, is amended by inserting after section 2869 the
following new section:
“Sec. 2869a. Critical housing areas and community
partnership response plans
“\(a\) Designation of Critical Housing Areas.—The Secretary
of Defense shall establish a process to identify and
designate geographic areas in the vicinity of military
installations in which shortages of available and affordable
housing materially affect members of the armed forces and
their families. Any area so designated shall be known as a
\`critical housing area'.
“\(b\) Factors for Consideration.—
“\(1\) In general.—In carrying out the designation of
critical housing areas under subsection \(a\), the Secretary of
Defense shall develop criteria for such designation that
includes, at a minimum, the following factors:
“\(A\) Rental vacancy rates.
“\(B\) Housing cost burdens borne by members of the armed
forces and their families.
“\(C\) Availability of housing suitable for families of
different sizes and for junior enlisted members of the armed
forces.
“\(D\) Length and burden of commuting patterns.
“\(E\) Availability of temporary lodging and transition
housing options.
“\(F\) Barriers to housing production or occupancy,
including land-use, zoning, infrastructure, permitting,
transportation, utility, and school-capacity constraints.
“\(G\) Such other factors as the Secretary determines
appropriate.
“\(2\) Public comment.—The Secretary shall solicit and
include in the criteria developed under paragraph \(1\) public
comments from stakeholders.
“\(c\) Publication and Updates.—The Secretary of Defense
shall—
“\(1\) maintain a list of critical housing areas designated
under subsection \(a\);
“\(2\) update such list not less frequently than annually;
and
“\(3\) submit to the congressional defense committees notice
of each new designation, redesignation, or termination of
designation under subsection \(a\), together with a brief
explanation of the basis therefor.
“\(d\) Community Partnership Response Plan.—
“\(1\) In general.—For each critical housing area
designated under subsection \(a\), the Secretary concerned,
acting through the relevant installation commander or
commanders, shall develop a community partnership response
plan.
“\(2\) Consultation.—In developing a response plan under
paragraph \(1\), the Secretary concerned shall consult, as
appropriate, with—
“\(A\) State, local, Tribal, and territorial governments;
“\(B\) public housing agencies, housing finance agencies,
and housing authorities;
“\(C\) metropolitan planning organizations and regional
planning bodies;
“\(D\) transit, utility, and infrastructure authorities;
“\(E\) partners in providing housing under subchapter IV of
this chapter, as appropriate; and
“\(F\) such other public or private entities as the
Secretary concerned determines appropriate.
“\(3\) Required elements of plan.—Each community
partnership response plan under paragraph \(1\) shall include—
“\(A\) an assessment of local housing market conditions
affecting members of the armed forces and their families;
“\(B\) identification of the principal drivers of housing
unaffordability, housing shortage, or housing inaccessibility
in the area;
“\(C\) an assessment of local regulatory, land-use,
infrastructure, transportation, utility, school-capacity, or
permitting barriers affecting housing availability;
“\(D\) a description of Federal, State, local, and private
tools already in use to address such barriers;
“\(E\) recommended near-term and long-term actions to
improve housing supply, affordability, or access;
“\(F\) estimated costs and potential sources of support for
such actions;
“\(G\) measurable outcomes and implementation timelines; and
“\(H\) any recommendations for administrative or legislative
action.
“\(e\) Coordination With Existing Authorities.—The
Secretary of Defense shall ensure, to the maximum extent
practicable, that activities under this section are
coordinated with other authorities of the Department of
Defense relating to housing \(including housing under
subchapter IV of this title\), installation-community
partnerships, and intergovernmental support.
“\(f\) Annual Report.—Not later than March 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report setting forth—
“\(1\) each critical housing area designated under
subsection \(a\);
“\(2\) the status of each community partnership response
plan developed under subsection \(d\);
“\(3\) early performance outcomes associated with activities
assisted under this section; and
“\(4\) any statutory or regulatory barriers identified by
installations or communities.”.
SA 6519. Mr. DURBIN \(for himself and Mr. Daines\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. . NATIONAL QUANTUM INITIATIVE.
\(a\) Department of Energy Quantum Information Science
Research Program.—Section 401 of the National Quantum
Initiative Act \(15 U.S.C. 8851\) is amended—
\(1\) by striking subsection \(a\) and inserting the following:
“\(a\) In General.—The Secretary of Energy shall carry out
a research, development, and demonstration program on quantum
information science, engineering, and technology.”;
\(2\) in subsection \(b\)—
\(A\) in paragraph \(1\), by inserting “, engineering, and
technology” after “science”;
\(B\) in paragraph \(2\), by inserting “, engineering, and
technology” after “science”;
\(C\) by striking paragraph \(3\) and inserting the following:
“\(3\) provide research experiences and training for
additional undergraduate and graduate students in quantum
information science, engineering, and technology, including
in the fields specified in paragraph \(4\);”;
\(D\) by redesignating paragraphs \(3\) through \(5\) as
paragraphs \(5\) through \(7\), respectively;
\(E\) by inserting after paragraph \(2\) the following:
“\(3\) operate National Quantum Information Science Research
Centers under section 402 to accelerate and scale scientific
and technical breakthroughs in quantum information science,
engineering, and technology, and maintain state-of-the-art
infrastructure for quantum researchers and industry partners;
“\(4\) conduct cooperative basic and applied research with
industry, National Laboratories, institutions of higher
education, and other research institutions to facilitate the
development, demonstration, and commercial application of
quantum information science, engineering, and technology
priorities, as determined by the Secretary of Energy,
including in the fields of—
“\(A\) quantum information theory;
“\(B\) quantum physics;
“\(C\) quantum computational science, including hardware and
software, machine learning, and data science;
“\(D\) applied mathematics and algorithm development;
“\(E\) quantum communications and networking, including
hardware and software for quantum communications and
networking;
“\(F\) quantum sensing, imaging, and detection;
“\(G\) materials science and engineering;
“\(H\) quantum modeling and simulation, including molecular
modeling;
“\(I\) near- and long-term application development, as
determined by the Secretary of Energy;
“\(J\) quantum chemistry;
“\(K\) quantum biology;
“\(L\) superconductive and high-performance
microelectronics;
“\(M\) post-quantum cryptography; and
“\(N\) chip-based integration of quantum systems, artificial
intelligence systems, and other classical computing
systems;”;
\(F\) in paragraph \(6\) \(as so redesignated\), in subparagraph
\(F\), by striking “and” at the end;
\(G\) in paragraph \(7\) \(as so redesignated\)—
\(i\) by striking “and” before “potential”; and
\(ii\) by striking the period at the end and inserting “,
and other relevant stakeholders, as determined by the
Secretary of Energy; and”; and
\(H\) by adding at the end the following:
“\(8\) leverage the collective body of knowledge and data,
including experience and resources from existing Federal
research activities and commercially available quantum
computing hardware and software, to the extent
practicable.”; and
\(3\) by adding at the end the following:
“\(c\) Industry Outreach.—In carrying out the program under
subsection \(a\), the Secretary of Energy shall engage with the
quantum technology industry and promote commercialization of
applications of quantum technology relevant to the activities
of the Department of Energy by—
“\(1\) educating—
“\(A\) the energy industry and other relevant industries on
near-term and commercially available quantum technologies;
and
“\(B\) the quantum industry on potential energy and other
relevant applications;
“\(2\) accelerating the advancements of United States
quantum computing, communications, networking, sensing, and
security capabilities to protect and optimize the energy
sector;
“\(3\) advancing relevant domestic supply chains,
manufacturing capabilities, and associated simulations or
modeling capabilities;
“\(4\) facilitating commercialization of quantum
technologies from National Laboratories and engaging with the
Quantum Economic Development Consortium and other
organizations, as applicable, to transition component
technologies that advance the development of a quantum supply
chain; and
“\(5\) to the extent practicable, ensuring industry partner
access, especially for small- and medium-sized businesses, to
specialized quantum instrumentation, equipment, testbeds, and
other infrastructure to design, prototype, and test novel
quantum hardware and streamline user access to reduce costs
and other administrative burdens.
“\(d\) High-Performance Computing Strategic Plan.—
“\(1\) In general.—Not later than 1 year after the date of
enactment of this subsection, the Secretary of Energy shall
submit to Congress a 5-year strategic plan to guide Federal
programs in designing, expanding, and procuring hybrid,
energy-efficient high-performance computing systems capable
of integrating with a diverse set of technologies, including
quantum, artificial intelligence, and machine learning, to
enable the computing facilities of the Department of Energy
to advance national computing resources.
“\(2\) Contents.—The strategic plan under paragraph \(1\)
shall include the following:
“\(A\) A conceptual plan to leverage capabilities and
infrastructure from the high-performance computing resources
of the Department of Energy, as the Secretary of Energy
determines necessary.
“\(B\) A plan to minimize disruptions to the advanced
scientific computing workforce.
“\(C\) A consideration of a diversity of quantum computing
modalities.
“\(D\) A plan to integrate cloud access of commercially
available quantum hardware and software to complement on-
premises high-performance computing systems and resources
consistent with the QUEST program established under section
404.
“\(e\) Early-Stage Quantum High-Performance Computing
Research and Development Program.—
“\(1\) Definition of quantum high-performance computing.—In
this subsection, the term \`quantum high-performance
computing' means the use of quantum computing systems that
are supported by classical high-performance computing systems
and artificial intelligence supercomputers to solve complex
problems.
“\(2\) Program.—The Secretary of Energy shall establish an
early-stage research and development program in quantum high-
performance computing—
“\(A\) to inform the 5-year strategic plan described in
subsection \(d\)\(1\); and
“\(B\) to build the necessary scientific computing workforce
to fulfill the objectives of that plan.
“\(3\) Activities.—The program established under paragraph
\(2\) shall—
“\(A\) support early-stage quantum computing testbeds, user
access, and prototypes; and
“\(B\) connect early-stage quantum high-performance
computing projects to the Centers funded under this Act.
“\(f\) Supply Chain Study.—Not later than 1 year after the
date of enactment of this subsection, the Secretary of
Energy, in consultation with the Secretary of Commerce, shall
conduct a study on quantum science, engineering, and
technology supply chain needs, including—
“\(1\) identifying hurdles to growth in the quantum industry
by leveraging the expertise of relevant stakeholders in
academia and industry, including the Quantum Economic
Development Consortium; and
“\(2\) making recommendations on how to strengthen the
domestic supply of materials and technologies necessary for
the development of a robust manufacturing base and workforce.
“\(g\) Traineeship Program.—The Secretary of Energy shall
establish a university-led traineeship program—
“\(1\) to address workforce development needs in quantum
information science, engineering, and technology; and
“\(2\) that will focus on supporting increased
participation, workforce development, and research
experiences for undergraduate and graduate students,
including students attending institutions located in States
eligible to participate in the Established Program to
Stimulate Competitive Research under section 113 of the
National Science Foundation Authorization Act of 1988 \(42
U.S.C. 1862g\), consistent with section 3167B\(a\) of the
Department of Energy Science Education Enhancement Act \(42
U.S.C. 7381c-3\(a\)\).
“\(h\) Coordination of Activities.—In carrying out this
section, the Secretary of Energy shall, to the maximum extent
practicable, coordinate with the Director of the National
Science Foundation, the Director of the National Institute of
Standards and Technology, the Administrator of the National
Aeronautics and Space Administration, the Director of the
Defense Advanced Research Projects Agency, and the heads of
other relevant Federal departments and agencies to ensure
that programs and activities carried out under this section
complement and do not duplicate existing efforts across the
Federal government.”.
\(b\) Department of Energy Quantum Verification and
Validation Program.—The National Quantum Initiative Act is
amended by inserting after section 401 \(15 U.S.C. 8851\) the
following:
“SEC. 401A. DEPARTMENT OF ENERGY QUANTUM VERIFICATION AND
VALIDATION PROGRAM.
“\(a\) In General.—The Secretary of Energy shall establish
a verification and validation program—
“\(1\) to maintain United States leadership in quantum
information science, engineering, and technology;
“\(2\) to provide resources for the broader scientific
community; and
“\(3\) to support activities carried out under sections 401,
402, 403, and 404.
“\(b\) Program Components.—In carrying out the program
under subsection \(a\), the Secretary of Energy shall—
“\(1\) acquire, deploy, and maintain specialized equipment,
laboratory infrastructure, and state-of-the-art
instrumentation necessary to support quantum verification and
validation activities and the broader objectives of the
program;
“\(2\) leverage the capabilities of National Laboratories,
Nanoscale Science Research Centers, and other partners of the
Department of Energy, including facilities and experts that
research and develop novel quantum materials and devices; and
“\(3\) consider the technologies and end-use applications
that have significant economic potential, as determined by
the Secretary, based on consultation with relevant
stakeholders in academia and industry, including the Quantum
Economic Development Consortium.
“\(c\) Quantum Verification and Validation.—In carrying out
the program under subsection \(a\), the Secretary of Energy
shall support the development and deployment of capabilities
to test, characterize, verify, and validate quantum
information science, engineering, and technology systems,
including—
“\(1\) measurement and characterization of quantum devices,
components, and materials at the qubit level;
“\(2\) verification and validation of quantum hardware,
software, and integrated systems;
“\(3\) benchmarking and characterization of system
performance, scalability, reliability,
and error modalities across a diversity of quantum computing,
sensing, networking, and communications platforms; and
“\(4\) development of testing protocols, standards,
metrology, and evaluation methodologies to support research,
development, demonstration, and commercialization activities.
“\(d\) Consultation.—In carrying out the program under
subsection \(a\), the Secretary of Energy shall consult with
the following entities to identify the instrumentation,
equipment, infrastructure, and materials needed to support
the objectives of that program:
“\(1\) The National Institute of Standards and Technology.
“\(2\) The National Science Foundation.
“\(3\) The National Aeronautics and Space Administration.
“\(4\) Any other relevant Federal agency.
“\(5\) The National Laboratories.
“\(6\) National Quantum Information Science Research
Centers.
“\(7\) Industry stakeholders.
“\(8\) Institutions of higher education.
“\(9\) Any other research institution.”.
\(c\) National Quantum Information Science Research
Centers.—Section 402 of the National Quantum Initiative Act
\(15 U.S.C. 8852\) is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\)—
\(i\) by striking “basic”; and
\(ii\) by striking “science and technology and to support
research conducted under section 401” and inserting
“science, engineering, and technology, expand capacity for
the domestic quantum workforce, and support research
conducted under sections 401, 403, and 404”; and
\(B\) in paragraph \(2\)\(C\), by inserting “that may include 1
or more commercial entities” after “collaborations”;
\(2\) in subsection \(b\), by inserting “and should be
inclusive of the variety of viable quantum technologies, as
appropriate” before the period at the end;
\(3\) in subsection \(c\)—
\(A\) by striking “basic”; and
\(B\) by inserting “, engineering, and technology,
accelerating quantum workforce development,” after
“science”; and
\(4\) in subsection \(e\), by striking paragraph \(2\) and
inserting the following:
“\(2\) Renewal.—Each Center established under this section
may be renewed for an additional period of 5 years following
a successful, merit-based review and approval by the
Director.”.
\(d\) Department of Energy Quantum Network Infrastructure
Research and Development Program.—Section 403 of the
National Quantum Initiative Act \(15 U.S.C. 8853\) is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(4\)—
\(i\) by inserting “, including” after “networking”; and
\(ii\) by striking “and” at the end;
\(B\) in paragraph \(5\), by striking the period at the end and
inserting a semicolon; and
\(C\) by adding at the end the following:
“\(6\) as applicable, leverage a diversity of modalities and
commercially available quantum hardware and software; and
“\(7\) develop education and training pathways related to
quantum network infrastructure investments, aligned with
existing programmatic investments by the Department of
Energy.”;
\(2\) in subsection \(b\)—
\(A\) in paragraph \(1\)—
\(i\) by redesignating subparagraphs \(C\) and \(D\) as
subparagraphs \(D\) and \(E\), respectively; and
\(ii\) by inserting after subparagraph \(B\) the following:
“\(C\) the Administrator of the National Aeronautics and
Space Administration and the head of any other relevant
Federal agency, as determined by the Secretary;”;
\(B\) in paragraph \(2\)—
\(i\) in subparagraph \(A\), by inserting “ground-to-space
and” before “space-to-ground”;
\(ii\) in subparagraph \(E\), by striking “photon-based” and
inserting “all applicable modalities of”;
\(iii\) in subparagraph \(F\), by inserting “, quantum
sensors,” after “quantum repeaters”;
\(iv\) in subparagraph \(G\)—
\(I\) by inserting “data centers,” after “repeaters,”;
and
\(II\) by striking “and” at the end;
\(v\) in subparagraph \(H\)—
\(I\) by striking “the quantum technology stack” and
inserting “quantum technology modality stacks”;
\(II\) by striking “National Laboratories in” and inserting
“National Laboratories such as”; and
\(III\) by adding “and” after the semicolon at the end; and
\(vi\) by adding at the end the following:
“\(I\) development of quantum network and entanglement
distribution protocols or applications, including development
of network stack protocols and protocols enabling integration
with existing technologies or infrastructure;”;
\(C\) in paragraph \(4\)—
\(i\) by striking “basic”; and
\(ii\) by striking “material” and inserting “materials”;
and
\(D\) in paragraph \(5\), by striking “fundamental”; and
\(3\) in subsection \(d\), by striking “basic research” and
inserting “research, development, and demonstration”.
\(e\) Department of Energy Quantum User Expansion for Science
and Technology Program.—Section 404 of the National Quantum
Initiative Act \(15 U.S.C. 8854\) is amended—
\(1\) in subsection \(a\)—
\(A\) in the matter preceding paragraph \(1\), by striking
“and quantum computing clouds” and inserting “, software,
and cloud-based quantum computing”;
\(B\) in paragraph \(3\), by striking “and” at the end;
\(C\) in paragraph \(4\), by striking the period at the end and
inserting a semicolon; and
\(D\) by adding at the end the following:
“\(5\) to enable development of software and applications,
including estimation of resources needed to scale
applications; and
“\(6\) to develop near-term quantum applications to solve
public and private sector problems.”;
\(2\) in subsection \(b\)—
\(A\) in paragraph \(4\), by striking “and” at the end;
\(B\) in paragraph \(5\), by striking the period at the end and
inserting a semicolon; and
\(C\) by adding at the end the following:
“\(6\) enable users to develop algorithms, software tools,
simulators, and applications for quantum systems using cloud-
based quantum computers; and
“\(7\) partner with appropriate public- and private-sector
entities to develop training and education opportunities on
prototype and early-stage devices to support commercial
applications.”; and
\(3\) in subsection \(c\)—
\(A\) by redesignating paragraphs \(4\) through \(8\) as
paragraphs \(5\) through \(9\), respectively; and
\(B\) by inserting after paragraph \(3\) the following:
“\(4\) the National Oceanic and Atmospheric
Administration;”.
\(f\) Research Security.—
\(1\) Definitions.—In this subsection:
\(A\) Covered sections.—The term “covered sections”
means—
\(i\) sections 401, 402, 403, and 404 of the National Quantum
Initiative Act \(15 U.S.C. 8851, 8852, 8853, and 8854\) \(as
amended by this Act\); and
\(ii\) section 401A of the National Quantum Initiative Act
\(as added by section 3\).
\(B\) Foreign country of concern.—The term “foreign country
of concern” means—
\(i\) a covered nation \(as defined in section 4872\(d\) of
title 10, United States Code\); and
\(ii\) any other country that the Secretary of Energy, in
consultation with the Secretary of Defense, the Secretary of
State, and the Director of National Intelligence, determines
to be engaged in conduct that is detrimental to the national
security or foreign policy of the United States.
\(C\) Foreign institution of concern.—The term “foreign
institution of concern” means a foreign institution that—
\(i\) is designated as a foreign terrorist organization by
the Secretary of State under section 219\(a\) of the
Immigration and Nationality Act \(8 U.S.C. 1189\(a\)\);
\(ii\) is included on the list of specially designated
nationals and blocked persons maintained by the Office of
Foreign Assets Control of the Department of the Treasury;
\(iii\) is owned by, controlled by, or subject to the
jurisdiction or direction of a government of a foreign
country that is a covered nation \(as defined in section
4872\(d\) of title 10, United States Code\);
\(iv\) is alleged by the Attorney General to have been
involved in activities for which a conviction was obtained
under—
\(I\) chapter 37 of title 18, United States Code \(commonly
known as the “Espionage Act”\);
\(II\) section 951 or 1030 of title 18, United States Code;
\(III\) chapter 90 of title 18, United States Code \(commonly
known as the “Economic Espionage Act of 1996”\);
\(IV\) the Arms Export Control Act \(22 U.S.C. 2751 et seq.\);
\(V\) section 224, 225, 226, 227, or 236 of the Atomic Energy
Act of 1954 \(42 U.S.C. 2274, 2275, 2276, 2277, 2284\);
\(VI\) the Export Control Reform Act of 2018 \(50 U.S.C. 4801
et seq.\); or
\(VII\) the International Emergency Economic Powers Act \(50
U.S.C. 1701 et seq.\); or
\(v\) is determined by the Secretary of Energy, in
consultation with the Secretary of Defense and the Director
of National Intelligence, to be engaged in unauthorized
conduct that is detrimental to the national security or
foreign policy of the United States.
\(2\) Research security.—The Secretary of Energy shall carry
out the covered sections in coordination with the research
security requirements and authorities established under
section 10114 of the Research and Development, Competition,
and Innovation Act \(42 U.S.C. 18912\) and any other research
security authorities available to the Secretary of Energy.
\(3\) Confucius institutes.—None of the funds made available
to carry out the covered sections may be obligated to or
expended by an institution of higher education that maintains
a contract or other agreement with a Confucius Institute or
any successor of a Confucius Institute.
\(4\) Restrictions on collaboration with foreign countries
and institutions of concern.—None of the funds made
available to carry out the covered sections may be obligated
or expended to promote, establish, or finance quantum
research activities between a United States institution and a
foreign country of concern or foreign institution of concern.
SA 6520. Ms. HASSAN \(for herself and Mr. Cornyn\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . DARK WEB INTERDICTION ACT OF 2026.
\(a\) Short Title.—This section may be cited as the “Dark
Web Interdiction Act of 2026”.
\(b\) Findings and Sense of Congress.—
\(1\) Findings.—Congress finds the following:
\(A\) The dark web is made up of websites and other network
services that leverage overlay networks providing anonymity.
These overlay networks use the internet but require specific
software and configurations to access. The overlay networks
use multiple encrypted traffic relays for which an individual
relay computer knows its source of information and where the
individual computer is sending the information but never
knows both the original source and ultimate destination of
the traffic simultaneously. This anonymity has provided
criminals with the ability to host illicit material in a way
that circumvents the ability of law enforcement agencies to
serve legal process to remove or effectively investigate
websites offering illegal content or goods for purchase or
sharing.
\(B\) Dark web marketplaces include e-commerce websites based
on the dark web on which individuals use virtual currencies
to engage in transactions involving drugs, weapons, malware,
counterfeit currency, stolen credit cards, personal
identifying information, forged documents, unlicensed
pharmaceuticals, and other illicit goods.
\(C\) Due to the anonymity provided by the dark web, illicit
activities can be hosted from anywhere in the world without
accountability to—
\(i\) the Federal Government;
\(ii\) Federal laws; or
\(iii\) any other government or system of laws.
\(D\) The use of the dark web to distribute illegal drugs has
contributed and continues to contribute to the substance
abuse crisis that is devastating communities across the
United States. This devastation is due in large part to the
fact that the dark web has made illicit goods obtainable
anonymously.
\(E\) Law enforcement agencies at every level of government
continue to investigate drug trafficking and the sale of
illegal goods and services through the dark web that occurs
as a result of interactions on the dark web, both within the
United States and at the international border of the United
States, but the increased anonymity the internet provides has
made it more difficult to identify and prosecute the
individuals and organizations who—
\(i\) administer or otherwise operate websites on the dark
web that facilitate the distribution of illegal drugs, goods,
or services; or
\(ii\) buy and sell illegal drugs, goods, or services through
illicit marketplaces hosted on the dark web.
\(F\) Despite difficulties in identifying and locating
individuals and organizations who engage in drug trafficking
on the dark web, law enforcement agencies have been effective
in investigating and prosecuting the distribution of illegal
drugs through illicit marketplaces on the dark web, as
evidenced by Operation SpecTor, an operation conducted across
3 continents that resulted from a partnership between the
Department of Justice and foreign law enforcement agencies,
which—
\(i\) was announced in May 2023;
\(ii\) resulted in—
\(I\) 288 arrests;
\(II\) the seizure of approximately 850 kilograms of drugs,
including 64 kilograms of fentanyl or fentanyl-laced
narcotics;
\(III\) the seizure of 117 firearms; and
\(IV\) the seizure of $53,400,000 in cash and virtual
currencies; and
\(iii\) is an example of one of many cases conducted jointly
by—
\(I\) the Federal Bureau of Investigation;
\(II\) the Drug Enforcement Administration;
\(III\) Homeland Security Investigations;
\(IV\) United States Customs and Border Protection;
\(V\) the United States Postal Inspection Service;
\(VI\) the Financial Crimes Enforcement Network;
\(VII\) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
\(VIII\) the Naval Criminal Investigative Service;
\(IX\) the Department of Justice;
\(X\) the Department of Defense; and
\(XI\) additional local, State, and international law
enforcement partners.
\(G\) Although law enforcement agencies have succeeded in
investigating the distribution and sale of illegal drugs,
goods, and services that occurs as a result of interactions
on the dark web, investigative and prosecutorial
collaboration, innovation, and advancement are critical to—
\(i\) increasing the capacity to combat the threat posed by
the dark web and the illicit marketplaces hosted on the dark
web; and
\(ii\) enhancing collaboration and coordination among
Federal, State, Tribal, local, international and other law
enforcement partners, as appropriate.
\(2\) Sense of congress.—It is the sense of Congress that—
\(A\) the dark web and illicit marketplaces hosted on the
dark web facilitate the distribution of illegal drugs and
pose a unique threat to the public health and national
security in the United States; and
\(B\) Congress should—
\(i\) support law enforcement agencies and prosecutors at the
Federal, State, Tribal, local, and international levels in
their efforts to investigate and prosecute the distribution
of illegal drugs, goods, and services through the dark web;
and
\(ii\) increase the investigative and prosecutorial tools
available to law enforcement agencies and prosecutors to
address the distribution of illegal drugs, goods, and
services through the dark web.
\(c\) Definitions.—In this section:
\(1\) Dark web.—The term “dark web” has the meaning given
the term in subsection \(i\) of section 401 of the Controlled
Substances Act \(21 U.S.C. 841\), as added by section 4 of this
Act.
\(2\) Director.—The term “Director” means the Director of
the task force.
\(3\) Illicit marketplace.—The term “illicit marketplace”
means a website on the dark web on which individuals can use
virtual currency to engage in transactions involving drugs,
weapons, malware, counterfeit currency, stolen credit cards,
personal identifying information, forged documents, or other
illicit goods.
\(4\) Indian tribe.—The term “Indian Tribe” has the
meaning given the term “Indian tribe” in section 4 of the
Indian Self-Determination and Education Assistance Act \(25
U.S.C. 5304\).
\(5\) Opioid.—The term “opioid” has the meaning given the
term in section 102 of the Controlled Substances Act \(21
U.S.C. 802\).
\(6\) Task force.—The term “task force” means the Joint
Criminal Opioid and Darknet Enforcement Task Force
established under subsection \(e\)\(1\)\(A\).
\(d\) Offenses Involving the Dark Web.—Section 401 of the
Controlled Substances Act \(21 U.S.C. 841\) is amended by
adding at the end the following:
“\(i\) Offenses Involving Dispensing of Controlled
Substances by Means of the Dark Web.—
“\(1\) Definition of dark web.—In this subsection, the term
\`dark web' means a portion of the internet in which there are
hidden sites and services that—
“\(A\) are not indexed by an internet search engine; and
“\(B\) are only accessible to users of specific devices,
software, routing and anonymizing services, authorizations,
or configurations that conceal the identities and locations
of users.
“\(2\) Offense.—It shall be unlawful for any person to
knowingly or intentionally—
“\(A\) deliver, distribute, or dispense a controlled
substance by means of the dark web, except as authorized by
this title; or
“\(B\) aid or abet \(as such terms are used in section 2 of
title 18, United States Code\) any activity described in
subparagraph \(A\) that is not authorized by this title.
“\(3\) Penalty.—Pursuant to its authority under section 994
of title 28, United States Code, the United States Sentencing
Commission shall amend the Federal sentencing guidelines and
policy statements to provide for a 2-level increase above the
sentence otherwise applicable for a violation of paragraph
\(2\).”.
\(e\) Joint Criminal Opioid and Darknet Enforcement Task
Force.—
\(1\) Establishment.—
\(A\) In general.—There is established in the Federal Bureau
of Investigation an interagency program that shall be known
as the Joint Criminal Opioid and Darknet Enforcement Task
Force.
\(B\) Director.—The task force shall be headed by a
Director, who shall be appointed by the President, by and
with the advice and consent of the Senate.
\(2\) Purpose.—The purpose of the task force shall be to
detect, disrupt, and dismantle illicit marketplaces.
\(3\) Components.—
\(A\) Representatives.—The task force shall include
representatives from—
\(i\) the Federal Bureau of Investigation;
\(ii\) the Drug Enforcement Administration;
\(iii\) the United States Postal Inspection Service;
\(iv\) Immigration and Customs Enforcement;
\(v\) the Bureau of Alcohol, Tobacco, Firearms and
Explosives;
\(vi\) Homeland Security Investigations;
\(vii\) United States Customs and Border Protection;
\(viii\) the Department of Defense;
\(ix\) the Financial Crimes Enforcement Network; and
\(x\) the Department of Justice.
\(B\) Consultation.—The Director may consult with any State,
Tribal, local, or international department or agency the
Director determines necessary to carry out the purpose of the
task force described in subsection \(b\).
\(4\) Duties and functions.—To further the purpose of the
task force described in paragraph \(2\), the task force shall—
\(A\) engage in—
\(i\) proactive and reactive investigations; and
\(ii\) forensic and cyberforensic examinations;
\(B\) provide forensic and cyberforensic, technical,
preventive, and investigative training and assistance to—
\(i\) prosecutors; and
\(ii\) law enforcement agencies;
\(C\) develop best practices to assist Federal, State,
Tribal, and local law enforcement agencies, prosecutors, and
others, as appropriate, in the collection of evidence in
order to determine and investigate possible nexuses to the
dark web and virtual assets, including—
\(i\) evidence logging;
\(ii\) evidence maintenance; and
\(iii\) evidence sharing;
\(D\) develop multijurisdictional and multiagency responses
and partnerships with Federal, international, local, and
other law enforcement agencies, as appropriate, by—
\(i\) establishing procedures for information sharing;
\(ii\) establishing lists of recommended specialized
equipment and tools to investigate and prosecute the
distribution of illicit drugs, goods, and services on the
dark web; and
\(iii\) helping the agencies acquire the necessary knowledge,
personnel, and specialized equipment to investigate and
prosecute the distribution of illegal drugs, goods, and
services through the dark web;
\(E\) create novel investigative approaches to—
\(i\) target emerging technologies that facilitate the
distribution of opioids through illicit marketplaces on the
dark web; and
\(ii\) build forensic capacity and expertise to meet the
challenges posed by the technologies;
\(F\) enhance collaboration and coordination with
international partners; and
\(G\) engage in any other activities the Director determines
necessary to carry out the duties of the task force.
\(5\) Guidance and training.—The task force shall provide
guidance and training to officers and employees of the
Federal Bureau of Investigation and other Federal,
international, and other law enforcement agencies, as
appropriate, relating to—
\(A\) techniques and procedures to—
\(i\) recognize evidence or potential evidence relating to
the dark web; and
\(ii\) identify and recognize patterns and practices relating
to the distribution of illegal drugs, services, and goods
through the dark web;
\(B\) the types of information that should be collected and
recorded in information technology systems used by the
Federal Bureau of Investigation to help—
\(i\) identify administrators and operators of illicit
marketplaces;
\(ii\) identify vendors, buyers, and other individuals
involved in the distribution of opioids through illicit
marketplaces; and
\(iii\) detect, disrupt, and dismantle illicit marketplaces;
\(C\) procedures for systematic and routine information
sharing within the Federal Bureau of Investigation and
between Federal, State, Tribal, and local law enforcement
agencies; and
\(D\) any other training or guidance the Director determines
necessary to carry out the duties of the task force.
\(6\) Report.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Director
of the Federal Bureau of Investigation, acting through the
Director, shall submit to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives a report, which shall include, for the
previous year—
\(A\) a summary of the activities and accomplishments of the
task force;
\(B\) a description of the investigative methods used by the
task force, including an assessment of the effectiveness of
the methods;
\(C\) information on investigation and prosecution
performance measures for the task force, including—
\(i\) the number of investigations the task force conducted
or assisted;
\(ii\) the number of illicit marketplaces detected,
disrupted, or dismantled as a result of an investigation
conducted or assisted by the task force;
\(iii\) the number of arrests relating to an investigation
conducted or assisted by the task force; and
\(iv\) statistics that account for the disposition of
investigations by the task force that did not result in an
arrest or a prosecution;
\(D\) an assessment of partnerships between the task force
and other Federal, State, Tribal, and local law enforcement
agencies, including the effectiveness of guidance and
training provided by the task force to personnel of other
Federal, State, Tribal, and law enforcement agencies;
\(E\) an evaluation of the collaboration and coordination
between the task force and international partners;
\(F\) recommendations for additional congressional or
legislative action, as appropriate, that would be useful or
necessary to achieve the purpose of the task force described
in subsection \(b\);
\(G\) a summary of how transactions involving the
distribution of illegal drugs, goods, and services through
the dark web are financed;
\(H\) a description of a plan to increase the capacity to
investigate the distribution of illegal drugs, goods, and
services through the dark web; and
\(I\) recommendations for additional congressional or
legislative action, as appropriate, that would improve the
efforts of Federal agencies to detect, disrupt, and dismantle
illicit marketplaces, including efforts to identify
individuals and groups involved in the distribution of
illegal drugs, goods, and services through the dark web.
\(7\) Funding.—The Director shall carry out this subsection
using amounts otherwise made available to the Attorney
General.
\(8\) Sunset.—This subsection shall cease to have force or
effect on the date that is 5 years after the date of
enactment of this Act.
\(f\) Report on Virtual Currencies.—Not later than 1 year
after the date of enactment of this Act, the Attorney
General, in consultation with the Secretary of the Treasury
and the Secretary of Homeland Security, shall submit to
Congress a report on the use of virtual currencies in the
distribution of opioids through illicit marketplaces on the
dark web, which shall include—
\(1\) a summary of how virtual currencies are—
\(A\) used to finance transactions involving the distribution
of opioids through illicit marketplaces on the dark web; and
\(B\) exchanged in the course of transactions described in
subparagraph \(A\), including transactions involving—
\(i\) peer-to-peer networks;
\(ii\) virtual currency;
\(iii\) money transmitters; or
\(iv\) other financial institutions;
\(2\) the number of instances involving the distribution of
opioids through illicit marketplaces on the dark web in which
an individual involved used a virtual currency to finance the
distribution;
\(3\) the most common types of virtual currencies used by
individuals involved in the distribution of opioids through
illicit marketplaces on the dark web;
\(4\) an assessment of the capacity to investigate the use of
virtual currencies in the distribution of opioids through
illicit marketplaces on the dark web, including—
\(A\) efforts to assist financial institutions in detecting,
identifying, and reporting suspicious activity and money
laundering;
\(B\) efforts to obtain financial records and other documents
from virtual currency operators and exchanges;
\(C\) training and guidance to Federal, State, Tribal, and
local law enforcement agencies and prosecutors; and
\(D\) coordination and collaboration with international
partners; and
\(5\) recommendations for additional congressional or
legislative action that would improve the efforts of Federal
agencies to detect, disrupt, and dismantle illicit
marketplaces on the dark web, including efforts to identify
individuals using virtual currencies in the distribution of
opioids through illicit marketplaces on the dark web.
\(g\) Five-year Update.—It is the sense of Congress that,
not less frequently than once every 5 years, Congress should
evaluate and, if necessary, update the definition of the term
“dark web” in section 401\(i\) of the Controlled Substances
Act \(21 U.S.C. 841\(i\)\), as added by subsection \(d\) of this
section.
\(h\) Severability.—If any portion of this section, or the
amendments made by this section, or the application thereof
to any person or circumstance is held invalid, the remainder
of this section and the amendments made by this section, and
the application of this section or the amendments made by
this section to other persons not similarly situated or to
other circumstances shall not be affected by the
invalidation.
SA 6521. Mr. VAN HOLLEN \(for himself and Mr. Curtis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XII, add the following:
SEC. 1252. TAIWAN INTERNATIONAL SOLIDARITY.
\(a\) Short Title.—This section may be cited as the “Taiwan
International Solidarity Act”.
\(b\) Clarification Regarding United Nations General Assembly
Resolution 2758 \(XXVI\).—Section 2\(a\) of the Taiwan Allies
International Protection and Enhancement Initiative \(TAIPEI\)
Act of 2019 \(Public Law 116-135\) is amended—
\(1\) in the matter preceding paragraph \(1\), by striking
“\(a\) Findings.—”; and
\(2\) by adding at the end the following:
“\(10\) United Nations General Assembly Resolution 2758
\(XXVI\) established the representatives of the Government of
the People's Republic of China as the only lawful
representatives of China to the United Nations. The
resolution did not address the issue of representation of
Taiwan and its people in the United Nations or any related
organizations, nor did the resolution take a position on the
relationship between the People's Republic of China and
Taiwan or include any statement pertaining to Taiwan's
sovereignty.
“\(11\) The United States opposes any initiative that seeks
to change Taiwan's status without the consent of the people
of Taiwan.”.
\(c\) United States Advocacy for International Organizations
to Resist the People's Republic of China's Efforts to Distort
the “One China” Position.—Section 4 of the Taiwan Allies
International Protection and Enhancement Initiative \(TAIPEI\)
Act of 2019 is amended—
\(1\) in paragraph \(2\), by striking “and” at the end;
\(2\) in paragraph \(3\), by striking the period at the end and
inserting “; and”; and
\(3\) by adding at the end the following:
“\(4\) to instruct, as appropriate, representatives of the
United States Government in all organizations described in
paragraph \(1\) to use the voice, vote, and influence of the
United States to advocate that such organizations resist the
People's Republic of China's efforts to distort the
decisions, language, policies, or procedures of such
organizations regarding Taiwan.”.
\(d\) Opposing the People's Republic of China's Efforts to
Undermine Taiwan's Ties and Partnerships Internationally.—
Section 5\(a\) of the Taiwan Allies International Protection
and Enhancement Initiative \(TAIPEI\) Act of 2019 is amended—
\(1\) in paragraph \(2\), by striking “and” at the end;
\(2\) in paragraph \(3\), by striking the period at the end and
inserting “; and”; and
\(3\) by adding at the end the following:
“\(4\) encourage, as appropriate, United States allies and
partners to oppose the People's Republic of China's efforts
to undermine Taiwan's official diplomatic relationships and
its partnerships with countries with which it does not
maintain diplomatic relations.”.
\(e\) Report on the People's Republic of China's Attempts to
Promote Its “One China” Position.—
\(1\) In general.—Section 5\(b\) of the Taiwan Allies
International Protection and Enhancement Initiative \(TAIPEI\)
Act of 2019 is amended by inserting before the period at the
end the following: “and information relating to any prior or
ongoing attempts by the People's Republic of China to
undermine Taiwan's membership or observer status in all
organizations described in section 4\(1\) and Taiwan's ties and
relationships with other countries in accordance with
subsection \(a\)”.
\(2\) Effective date.—The amendment made by paragraph \(1\)
shall—
\(A\) take effect on the date of the enactment of this Act;
and
\(B\) apply beginning with the first report required after
such date under section 5\(b\) of the Taiwan Allies
International Protection and Enhancement Initiative \(TAIPEI\)
Act of 2019, as amended by paragraph \(1\).
SA 6522. Mr. VAN HOLLEN \(for himself and Mr. Rounds\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 1210. YOUNG AFRICAN LEADERS INITIATIVE.
\(a\) Short Titles.—This section may be cited as the “Young
African Leaders Initiative Act of 2026” or the “YALI Act of
2026”.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) the Young African Leaders Initiative, launched in 2010,
is a signature effort to invest in the next generation of
African leaders;
\(2\) Africa is a continent of strategic importance and it is
vital for the United States to support strong and enduring
partnerships with the next generation of African leaders;
\(3\) the United States Government should prioritize
investments to build the capacity of emerging young African
leaders in sub-Saharan Africa, including through efforts
that—
\(A\) enhance leadership skills;
\(B\) encourage entrepreneurship;
\(C\) strengthen public administration and the role of civil
society; and
\(D\) connect young African leaders continentally and
globally across the private, civic, and public sectors; and
\(4\) youth in Africa have a positive impact on efforts to
foster economic growth, improve public sector transparency
and governance, and counter extremism, and should be an area
of focus for United States outreach on the African continent.
\(c\) In General.—There is established the Young African
Leaders Initiative \(referred to in this section as “YALI”\),
which shall be carried out by the Secretary of State.
\(d\) Purpose.—YALI shall seek to build the capacity of
young African leaders in sub-Saharan Africa in the areas of
business, civic engagement, or public administration,
including through efforts that—
\(1\) support young African leaders by offering professional
development, training, and networking opportunities,
particularly in the areas of leadership, innovation, civic
engagement, elections, internationally recognized human
rights, entrepreneurship, good governance, peace and
security, and public administration; and
\(2\) provide increased economic and technical assistance to
young African leaders to promote economic growth, strengthen
ties between United States and African businesses, build
resilience to predatory lending practices, and improve
capacity in key economic areas such as tendering, bidding,
and contract negotiations, budget management and oversight,
anti-corruption, and establishment of clear policy and
regulatory practices.
\(e\) Fellowships.—
\(1\) In general.—YALI shall support the participation in
the United States in the Mandela Washington Fellowship for
Young African Leaders of fellows from Africa who—
\(A\) are between 25 and 35 years of age;
\(B\) have demonstrated strong capabilities in
entrepreneurship, innovation, public service, and leadership;
and
\(C\) have had a positive impact in their communities,
organizations, or institutions.
\(2\) Oversight.—The fellowships described in paragraph \(1\)
shall be overseen by the Secretary of State through the
Bureau of Educational and Cultural Affairs.
\(3\) Eligibility.—The Secretary of State shall establish
and publish—
\(A\) eligibility criteria for participation as a fellow
under paragraph \(1\); and
\(B\) criteria for determining which eligible applicants will
be selected.
\(f\) Reciprocal Exchanges.—Subject to the approval of the
Secretary of State, United States citizens may—
\(1\) engage in reciprocal exchanges in connection with
alumni of the fellowship described in subsection \(e\); and
\(2\) collaborate on projects with such fellowship alumni.
\(g\) Activities.—
\(1\) United states-based activities.—The Secretary of
State, in coordination with the heads of relevant Federal
departments and agencies, shall oversee all United States-
based activities carried out under YALI, including—
\(A\) the participation of Mandela Washington Fellows in a 6-
week Leadership Institute at a United States educational
institution in business, civic engagement, or public
management, including academic sessions, site visits,
professional networking opportunities, leadership training,
community service, and organized cultural activities; and
\(B\) the participation by Mandela Washington fellows in an
annual Mandela Washington Fellowship Summit, to provide such
Fellows the opportunity to meet with United States leaders
from the private, public, and nonprofit sectors.
\(2\) Implementation.—The Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies, shall carry out this subsection by
seeking to partner with the private sector—
\(A\) to pursue public-private partnerships;
\(B\) to leverage private sector expertise;
\(C\) to expand networking opportunities; and
\(D\) to identify funding opportunities and fellowship and
employment opportunities for YALI.
\(h\) Implementation Plan.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of State, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit a plan to the
appropriate congressional committees for implementing YALI,
including—
\(1\) a description of clearly defined program goals,
targets, and planned outcomes for each year and for the
duration of implementation of the program;
\(2\) a strategy to monitor and evaluate the program and
progress made toward achieving such goals, targets, and
planned outcomes; and
\(3\) a strategy to ensure the program is promoting United
States foreign policy goals in Africa, including ensuring
that the program is clearly branded, paired with robust
public diplomacy efforts, and incorporates participants from
a variety of countries, including communities in Africa
facing economic distress, civil conflict, persecution, and
other challenges.
\(i\) Report.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of State shall submit to the
appropriate congressional committees, and publish in a
publicly accessible, internet-based form, a report that
includes—
\(1\) a description of the progress made toward achieving the
goals, targets, and planned outcomes referred to in
subsection \(h\)\(1\), including an overview of the program
implemented in the previous year and an estimated number of
beneficiaries;
\(2\) an assessment of how YALI is contributing to and
promoting United States-Africa relations, particularly in
areas of increased private sector investment, trade
promotion, support to civil society, improved public
administration, promoting peace and security, and fostering
entrepreneurship and youth empowerment; and
\(3\) recommendations for improvements or changes to YALI and
the implementation plan, if any, that would improve their
effectiveness during subsequent years of YALI's
implementation.
\(j\) Defined Term.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Foreign Relations of the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Foreign Affairs of the House of
Representatives; and
\(4\) the Committee on Appropriations of the House of
Representatives.
\(k\) Sunset.—This section shall cease to have effect on the
date that is 5 years after the date of the enactment of this
Act.
SA 6523. Ms. CORTEZ MASTO \(for herself and Ms. Rosen\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle E of title V, insert
the following:
SEC. \_\_. STUDY ON GOVERNMENT-TO-GOVERNMENT COORDINATION TO
IMPROVE TRANSITION OF SEPARATING MEMBERS OF THE
ARMED FORCES.
\(a\) Study Required.—The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
conduct a study on the following as related to the transition
of members of the Armed Forces to civilian life:
\(1\) Data transfers and interoperability, including the
following:
\(A\) The information collected through the Transition
Assistance Program that is electronically transmitted from
the Department of Defense to the Department of Veterans
Affairs.
\(B\) The stage in the separation process at which such
transfer occurs.
\(C\) The information, if any, that is made available to
State veterans agencies when a transitioning member of the
Armed Forces identifies a State of intended residence.
\(D\) Any statutory, regulatory, or privacy restrictions that
limit appropriate data sharing with State veterans agencies.
\(2\) Data integrity, security, and cyber protections,
including the following:
\(A\) Existing safeguards to ensure the accuracy,
completeness, and integrity of veteran transition data
transferred between the Department of Defense, the Department
of Veterans Affairs, and other authorized entities.
\(B\) The cybersecurity protocols that govern the
transmission of personally identifiable information collected
through the Transition Assistance Program.
\(C\) Any established standards or audit processes to ensure
that veteran transition data remains protected while enabling
appropriate interagency access.
\(D\) Existing accountability mechanisms to detect and
correct data errors that could delay access to earned
benefits.
\(3\) Government-to-government coordination, including the
following:
\(A\) How the Department of Defense and the Department of
Veterans Affairs coordinate with State veterans agencies as
government partners rather than solely as external
stakeholders.
\(B\) Any formal agreements, memoranda of understanding, or
statutory authorities governing the exchange of transition-
related data between Federal and State agencies.
\(C\) Existing mechanisms to enable secure government-to-
government data sharing to support coordinated outreach and
benefits assistance for newly separated veterans.
\(4\) Notification and outreach to transitioning members of
the Armed Forces, including the following:
\(A\) Whether States are notified when such members identify
a particular State as their post-service residence.
\(B\) Existing mechanisms to facilitate a “warm handoff”
from Department of Defense transition counselors to the
Department of Veterans Affairs and State veterans service
officers.
\(C\) Whether improved data sharing would allow States to
proactively engage transitioning members prior to or
immediately following discharge.
\(5\) Fiscal efficiency and program outcomes, including the
following:
\(A\) The Federal funding allocated annually to support the
Transition Assistance Program across participating agencies.
\(B\) The measurable outcomes that demonstrate the program's
effectiveness in connecting transitioning members of the
Armed Forces with employment opportunities, education
programs, and benefits provided by the Department of Veterans
Affairs.
\(C\) Opportunities to improve fiscal efficiency by reducing
duplicative efforts between the Department of Defense, the
Department of Veterans Affairs, and State veterans agencies
through improved coordination and shared data systems.
\(6\) Opportunities to strengthen Federal-State partnerships,
including through the following:
\(A\) Secure government-to-government data sharing
agreements.
\(B\) Earlier notification to States regarding transitioning
members of the Armed Forces.
\(C\) Integration of State veterans service officers into the
Transition Assistance Program.
\(D\) Pilot programs enabling coordinated outreach between
installations of the Department of Defense, offices of the
Department of Veterans Affairs, and State veterans agencies.
\(b\) Submission to Congress.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress the findings of the study
required by subsection \(a\).
\(c\) Definition.—In this section, the term “Transition
Assistance Program” means the program of the Department of
Defense for preseparation counseling, employment assistance,
and other transitional services provided under sections 1142
and 1144 of title 10, United States Code.
SA 6524. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title XII, add the following:
SEC. 12\_\_. REPORT ANALYZING THE USE OF LONG-ACTING INJECTABLE
PREVENTATIVE MALARIA MEDICATION.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the
Commander of the Walter Reed Army Institute of Research,
shall submit to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives a report containing an analysis of—
\(1\) the use of long-acting injectable preventative malaria
medication through programs led by the Office of Infectious
Diseases and Outbreak Response of the Bureau of Global Health
Security and Diplomacy of the Department of State and the
Antimicrobial Resistance Monitoring and Research Program of
the Department of Defense;
\(2\) which programs under the President's Malaria Initiative
would benefit from using long-acting injectable preventative
malaria medication; and
\(3\) the use by the Department of State and the Department
of Defense of long-acting injectable preventative malaria
medication for diplomats and members of the Armed Forces
serving in malaria endemic areas.
SA 6525. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title XII, add the following:
SEC. 1218. LEBANON SUPPORT.
\(a\) Humanitarian Assistance.—The Secretary of State shall
continue to support humanitarian assistance in furtherance of
the political and economic stability, sovereignty, and
territorial integrity of Lebanon, which are important for
regional stability and the national economic and security
interests of the United States, including—
\(1\) health assistance, including logistical and technical
assistance to hospitals, ambulances, and health clinics in
affected communities, and the provision of basic public
health commodities;
\(2\) assistance to provide—
\(A\) protection, food, and shelter;
\(B\) water, sanitation, and hygiene; and
\(C\) demining and disposal of unexploded ordinance; and
\(3\) technical assistance to ensure health, food, and
commodities are appropriately selected, procured, targeted,
monitored, and distributed.
\(b\) Reconstruction.—
\(1\) Incentive fund for reconstruction of lebanese
government services and infrastructure.—There shall be
established a fund, to be administered by the Secretary of
State, which shall—
\(A\) provide for the reconstruction of services and
institutions of the Government of Lebanon and of municipal
governments in Lebanon; and
\(B\) support the building and rebuilding of civilian
infrastructure in Lebanon.
\(2\) Diplomatic efforts.—The Secretary of State shall carry
out diplomatic efforts, including by—
\(A\) supporting multilateral pledging events and using the
position of the United States in international financial
institutions, to encourage strategic burden sharing and the
coordination of donations with international donors,
including foreign governments and multilateral organizations;
and
\(B\) advancing the provision of assistance for the
reconstruction of services and institutions of the Government
of Lebanon and of municipal governments in Lebanon and the
building and rebuilding of civilian infrastructure in
Lebanon.
\(c\) Report.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives that describes—
\(1\) the support provided for humanitarian assistance
pursuant to subsection \(a\);
\(2\) how the Department of State is using the fund
established pursuant to paragraph \(b\)\(1\) to accomplish the
purposes described in subparagraph \(A\) and \(B\) of subsection
\(b\)\(1\);
\(3\) the diplomatic efforts undertaken pursuant to paragraph
\(b\)\(2\); and
\(4\) humanitarian and reconstruction needs and challenges in
Lebanon, including—
\(A\) the current state of humanitarian needs and the long-
term reconstruction needs in Lebanon, particularly in
territory south of the Litani River;
\(B\) the causes of such challenges;
\(C\) the efforts made to address such challenges;
\(D\) the effects of not addressing such challenges on the
economy and security inside Lebanon; and
\(E\) any effects of such challenges on regional stability
and security.
SA 6526. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. . SUBMISSION OF UNITED STATES INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION BOARD
RESOLUTIONS RELATING TO UNITED STATES-UKRAINE
RECONSTRUCTION INVESTMENT FUND.
\(a\) In General.—Not later than 15 days after adoption of
any resolution of the Board of Directors of the United States
International Development Finance Corporation relating to the
United States-Ukraine Reconstruction Investment Fund, the
Chief Executive Officer shall transmit such resolution,
including any accompanying memorandum approved by the Board,
to the appropriate congressional committees.
\(b\) Form.—Any resolution submitted pursuant to subsection
\(a\) shall be submitted in unredacted form. Proprietary,
commercially sensitive, or classified information may be
transmitted in a separate classified or controlled annex.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
SA 6527. Mr. CRUZ \(for himself, Ms. Cantwell, Mr. Moran, Mr. Peters, Mr. Schmitt, Mr. Lujan, and Ms. Duckworth\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION F—NASA AUTHORIZATION ACT OF 2026
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
\(a\) Short Title.—This division may be cited as the “NASA
Authorization Act of 2026”.
\(b\) Table of Contents.—The table of contents for this
division is as follows:
DIVISION F—NASA AUTHORIZATION ACT OF 2026
- Sec. 1. Short title; table of contents.
- Sec. 2. Definitions.
TITLE I—AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Authorization of NASA.
TITLE II—EXPLORATION
- Sec. 201. Continuity of purpose for space exploration.
- Sec. 202. Artemis program.
- Sec. 203. Space launch system.
- Sec. 204. Human-rated lunar landing capabilities.
- Sec. 205. Advanced spacesuit capabilities.
- Sec. 206. Briefing on lunar outpost.
- Sec. 207. Lunar Terrain Vehicle element.
- Sec. 208. Exploration ground systems.
- Sec. 209. Commercial Lunar Payload Services program.
- Sec. 210. Moon Base.
- Sec. 211. Engine testing for exploration.
TITLE III—SPACE OPERATIONS
Sec. 301. Maximizing United States presence in low-Earth orbit. Sec. 302. Commercial Low-Earth-Orbit Development Program. Sec. 303. Managed transition from International Space Station to
commercial low-Earth-orbit destinations. Sec. 304. Extension of International Space Station. Sec. 305. Reporting and oversight. Sec. 306. Transition to a commercially led low-Earth-orbit economy. Sec. 307. Nongovernmental missions on the International Space Station. Sec. 308. Briefing on use of commercial suborbital vehicles for crewed
- missions.
- Sec. 309. Lunar communications.
- Sec. 310. Report on space communications upgrades.
- Sec. 311. Lunar time standardization.
- Sec. 312. Lunar surface power.
- Sec. 313. Commercial lunar data acquisition.
- Sec. 314. Crew rescue capabilities.
- Sec. 315. Commercial launch services.
- Sec. 316. Executing International Space Station science manifest.
- Sec. 317. Safety standards for cislunar human spaceflight.
TITLE IV—SPACE TECHNOLOGY AND STEM EDUCATION
Sec. 401. Space Technology Mission Directorate. Sec. 402. Small Business Innovation Research and Small Business
- Technology Transfer.
- Sec. 403. Sense of Congress on cryogenic fluid valve technology.
- Sec. 404. Space nuclear power and propulsion systems.
- Sec. 405. National space grant college and fellowship program.
- Sec. 406. Skilled technical workforce education outreach.
- Sec. 407. Active orbital debris remediation demonstration.
- Sec. 408. Established Program to Stimulate Competitive Research.
- Sec. 409. Use of Science, Space, and Technology Education Trust Fund.
TITLE V—AERONAUTICS
Sec. 501. Hypersonic research. Sec. 502. Advanced materials and manufacturing technology. Sec. 503. Unmanned aircraft systems and advanced air mobility. Sec. 504. Hydrogen aviation. Sec. 505. High-performance chase aircraft. Sec. 506. Electrified powertrain flight demonstration. Sec. 507. Study on modernization of T-38 flight trainer aircraft fleet. Sec. 508. Subsonic thin-wing flight technologies. Sec. 509. Advanced capabilities for airspace management. Sec. 510. Open-fan flight demonstration. Sec. 511. Authority with respect to unmanned aircraft system
identification and detection.
TITLE VI—SCIENCE
Sec. 601. Maintenance of balanced science portfolio. Sec. 602. Implementation of science mission cost caps. Sec. 603. Modification of National Academies decadal surveys. Sec. 604. Report on Landsat mission. Sec. 605. Commercial satellite data. Sec. 606. Planetary science portfolio. Sec. 607. Planetary defense. Sec. 608. Lunar Discovery and Exploration Program. Sec. 609. Plan for planetary and lunar operations. Sec. 610. Restructuring of Mars Sample Return program. Sec. 611. Heliophysics research. Sec. 612. Report on Geospace Dynamics Constellation mission. Sec. 613. Sense of Congress on Nancy Grace Roman Space Telescope. Sec. 614. Plan for Apophis science mission. Sec. 615. Plan to launch Volatiles Investigating Polar Exploration
Rover. Sec. 616. Dedicated science rideshare pilot program. Sec. 617. Continuation of Chandra X-ray Observatory. Sec. 618. Great Observatories Mission and Technology Maturation
project. Sec. 619. Flight opportunities. Sec. 620. Annual report on Hubble Space Telescope and the James Webb
Space Telescope. Sec. 621. Sense of Congress on Earth science data. Sec. 622. Support for astrophysical observatories and national high-
energy astrophysics hubs. Sec. 623. Studies on Mars-focused missions using commercial heavy-lift
systems.
TITLE VII—POLICY
Sec. 701. NASA Advisory Council. Sec. 702. Assessment of early cost estimates. Sec. 703. Role of NASA in commercial space activities. Sec. 704. Relationships with the People's Republic of China. Sec. 705. Findings relating to contract flexibility. Sec. 706. GAO report. Sec. 707. Public-private talent program. Sec. 708. Mentoring. Sec. 709. Passenger carrier use for astronaut transportation. Sec. 710. Physical security modernization. Sec. 711. NASA agreements with private and commercial entities and
State governments to provide certain supplies, support,
- and services.
- Sec. 712. Aerospace infrastructure modernization.
- Sec. 713. Enhanced use leases.
- Sec. 714. Identification of and justification for redactions.
- Sec. 715. Commercial activity at Wallops Flight Facility.
- Sec. 716. Continuity of purpose for NASA activities.
- Sec. 717. Transmission of data to Congress.
- Sec. 718. Timely responses to Congress.
- Sec. 719. Contracting flexibility and transparency.
- Sec. 720. Chief Scientist.
- Sec. 721. Chief Economist.
- Sec. 722. Chief Technologist.
Sec. 723. Report on indemnification framework for civil and commercial
- space nuclear technologies.
- Sec. 724. Confidentiality of medical quality assurance records.
- Sec. 725. Reports to Congress.
- Sec. 726. Collaboration between NASA and the Department of Defense.
- Sec. 727. Space cooperation with Taiwan.
- Sec. 728. Rule of construction.
SEC. 2. DEFINITIONS.
In this division:
\(1\) Administration.—The term “Administration” means the
National Aeronautics and Space Administration.
\(2\) Administrator.—The term “Administrator” means the
Administrator of the National Aeronautics and Space
Administration.
\(3\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Commerce, Science, and Transportation
of the Senate; and
\(B\) the Committee on Science, Space, and Technology of the
House of Representatives.
\(4\) Cislunar space.—The term “cislunar space” means the
region of space beyond low-Earth orbit out to and including
the region around the surface of the Moon.
\(5\) Commercial lunar payload services program.—The term
“Commercial Lunar Payload Services program” means the
multiple-award, indefinite-delivery, indefinite-quantity NASA
contracting vehicle that enables end-to-end commercial lunar
payload delivery services to the lunar surface.
\(6\) Commercial provider.—The term “commercial provider”
means any person providing space services or space-related
capabilities, primary control of which is held by persons
other than the Federal Government, a State or local
government, or a foreign government.
\(7\) Continuous human presence.—The term “continuous human
presence” means the maintenance by the United States of the
presence, in low-Earth orbit on 1 or more space stations on a
permanent, ongoing basis, of not fewer than—
\(A\) 1 government astronaut; or
\(B\) 1 astronaut sponsored by the United States Government.
\(8\) Deep space.—The term “deep space” means the region
of space beyond low-Earth orbit that includes cislunar space.
\(9\) Government astronaut.—The term “government
astronaut” has the meaning given such term in section 50902
of title 51, United States Code.
\(10\) Institution of higher education.—The term
“institution of higher education” has the meaning given the
term in section 101 of the Higher Education Act of 1965 \(20
U.S.C. 1001\).
\(11\) ISS.—The term “ISS” means the International Space
Station.
\(12\) Low-earth orbit.—The term “low-Earth orbit” means
the area encompassing Earth-centered orbits at an altitude of
not more than 1,200 miles \(2,000 kilometers\).
\(13\) NASA.—The term “NASA” means the National
Aeronautics and Space Administration.
\(14\) Orion.—The term “Orion” means the multipurpose crew
vehicle described in section 303 of the National Aeronautics
and Space Administration Authorization Act of 2010 \(42 U.S.C.
18323\).
\(15\) Space launch system.—The term “Space Launch System”
means the Space Launch System authorized under section 302 of
the National Aeronautics and Space Administration
Authorization Act of 2010 \(42 U.S.C. 18322\).
\(16\) Commercial market estimates.—The term “commercial
market estimates” means rigorous quantitative estimates of
the current and most-likely future revenues that commercial
providers may capture from sources other than the
Administration, with appropriate sensitivity analyses, and
assessments of the ability of such providers to sustainably
provide services to the Administration.
TITLE I—AUTHORIZATION OF APPROPRIATIONS
SEC. 101. AUTHORIZATION OF NASA.
\(a\) Fiscal Year 2026.—For fiscal year 2026, there is
authorized to be appropriated to NASA $24,670,515,000 as
follows:
\(1\) For the Exploration Systems Development Mission
Directorate, $7,783,000,000.
\(2\) For the Space Operations Mission Directorate,
$4,175,000,000.
\(3\) For the Space Technology Mission Directorate,
$975,000,000.
\(4\) For the Science Mission Directorate, $7,300,000,000.
\(5\) For the Aeronautics Research Mission Directorate,
$950,000,000.
\(6\) For the Office of STEM Engagement, $147,500,000.
\(7\) For Safety, Security, and Mission Services,
$3,107,079,000.
\(8\) For Construction and Environmental Compliance and
Restoration, $185,336,000.
\(9\) For Inspector General, $47,600,000.
\(b\) Fiscal Year 2027.—For fiscal year 2027, there is
authorized to be appropriated to NASA $25,287,277,875 as
follows:
\(1\) For the Exploration Systems Development Mission
Directorate, $7,977,575,000.
\(2\) For the Space Operations Mission Directorate,
$4,279,375,000.
\(3\) For the Space Technology Mission Directorate,
$999,375,000.
\(4\) For the Science Mission Directorate, $7,482,500,000.
\(5\) For the Aeronautics Research Mission Directorate,
$973,750,000.
\(6\) For the Office of STEM Engagement, $151,187,500.
\(7\) For Safety, Security, and Mission Services,
$3,184,755,975.
\(8\) For Construction and Environmental Compliance and
Restoration, $189,969,400.
\(9\) For Inspector General, $48,790,000.
TITLE II—EXPLORATION
SEC. 201. CONTINUITY OF PURPOSE FOR SPACE EXPLORATION.
\(a\) Findings.—Congress makes the following findings:
\(1\) NASA continues to make progress in developing and
testing the Space Launch System, Orion, and associated ground
systems, including through—
\(A\) the successful completion of the Artemis I mission in
November 2022; and
\(B\) continued preparations for the Artemis II crewed flight
demonstration mission.
\(2\) The number of spacefaring countries is increasing, and
foreign countries have expanded activities for space
exploration efforts, including efforts to explore and use the
Moon through human and robotic missions in partnership with
the United States, independently, or with adversaries of the
United States through alternative arrangements such as the
International Lunar Research Station \(ILRS\) of the People's
Republic of China.
\(3\) A strong and ambitious space exploration program
conducted with international and commercial partners is
important to maintaining United States leadership in space
and enhancing the international competitiveness of the United
States, especially with respect to space exploration efforts
of adversaries.
\(4\) The development of clear mission objectives, tied to
concrete long-term programmatic and national policy goals, is
a method for ensuring accountability, enhancing public
support for exploration missions, and providing a clear
signal of commitment to both international and domestic
partners.
\(b\) Continuity of Existing Capabilities and Programs.—
\(1\) Space exploration.—As part of the human exploration
activities of the Administration, including progress on
Artemis missions and activities, the Administrator shall
continue development of space exploration elements pursuant
to section 10811 of the National Aeronautics and Space
Administration Authorization Act of 2022 \(51 U.S.C. 20302
note; Public Law 117-167\).
\(2\) Logistical services.—The Administrator shall leverage
the private sector for logistical services to the extent
practicable, consistent with the Moon to Mars architecture
requirements and in accordance with section 50131 of title
51, United States Code.
\(3\) Continuity of purpose.—Congress reaffirms the need to
maintain continuity of purpose as described in section 201 of
the National Aeronautics and Space Administration Transition
Authorization Act of 2017 \(Public Law 115-10; 131 Stat. 21\).
\(4\) Space weather research for exploration.—
\(A\) In general.—The Administrator shall continue to
conduct, and to partner with Federal agencies or research
centers that conduct, research into space weather phenomena,
including solar flares, solar energetic particles, and
galactic cosmic rays, for the purpose of characterizing the
radiation environment of cislunar space, the lunar surface,
and the Martian surface.
\(B\) Integration.—The results of such research shall be
integrated into the Moon to Mars architecture—
\(i\) to inform the design and shielding requirements of
human-rated lunar landing capabilities and the orbital lunar
outpost;
\(ii\) to develop predictive modeling and early-warning
systems to ensure the safety of astronauts during travel
outside the Earth's Van Allen radiation belts, extravehicular
activities, and long-duration habitation; and
\(iii\) to ensure the reliability of lunar and Martian
communications, navigation, and power infrastructure against
space weather-induced disruptions.
\(c\) Mars Exploration Coordination.—
\(1\) In general.—In carrying out exploration missions to
and around Mars, including science missions and
infrastructure development missions for future human
exploration missions, the Administrator shall establish and
maintain a robust process for collaboration and coordination
across all NASA mission directorates and the Moon to Mars
Program Office for the unified implementation of activities
required by law.
\(2\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
process required by paragraph \(1\) and the manner in which
such process has been applied to authorized Mars programs,
including with respect to the following:
\(A\) The Mars Relay Network.
\(B\) The Mars Telecommunications Orbiter.
\(C\) Commercial Mars payload services.
\(D\) Mars future missions within the Science Mission
Directorate.
SEC. 202. ARTEMIS PROGRAM.
\(a\) Findings.—Congress makes the following findings:
\(1\) Exploration of outer space, including exploration of
the lunar surface and cislunar space, provides economic,
scientific, technological, security, and societal benefits
and economic opportunity, including by inspiring future
generations and expanding the science, technology,
engineering, and mathematics workforce needed to sustain
United
States leadership in science, space, and technology.
\(2\) The lunar south pole is home to shadowed craters that
may contain water ice and other volatiles. Understanding the
nature of lunar polar volatiles, such as water ice, would
advance science related to the origin and evolution of
volatiles in the inner solar system and could facilitate the
long-term future of space exploration. Water ice lunar
resources have the potential to become an enabling component
of future space exploration missions throughout the solar
system, including crewed missions to Mars.
\(3\) Other countries have demonstrated technological
advances and successful robotic missions for lunar
exploration and have announced credible plans for long-term
human exploration of the Moon that include the intent to
establish lunar bases. Such countries are forming alternative
organizational entities to structure their efforts, such as
the ILRS of the People's Republic of China.
\(4\) United States leadership of, and measurable progress
on, the exploration of deep space is essential for guiding
development of norms related to operations on and around the
Moon and for other space destinations.
\(5\) It is in the national interest of the United States to
maintain a leadership role in the establishment of future
norms governing activities in space, including such
activities on the lunar surface and in cislunar space.
\(b\) Requirements.—In carrying out activities to enable
Artemis missions under the Moon to Mars Program set forth in
section 10811 of the National Aeronautics and Space
Administration Authorization Act of 2022 \(51 U.S.C. 20302
note; Public Law 117-167\), the Administrator shall—
\(1\) use relevant elements set forth in subsection \(b\)\(2\)\(B\)
of that Act under the direction of the Moon to Mars program
manager;
\(2\) continue to ensure that such elements enable the human
exploration of Mars, consistent with subsection \(b\)\(2\)\(C\)\(i\)
of that Act;
\(3\) include scientific objectives as integral components of
Artemis missions and coordinate with the Science Mission
Directorate and the Space Technology Mission Directorate to
ensure that opportunities for lunar science are incorporated
throughout the Artemis and Moon to Mars architectures;
\(4\) engage with international partners, as appropriate,
including through the Artemis Accords to guide the
development of norms of behavior in a manner that—
\(A\) is consistent with subsection \(b\)\(2\)\(C\) of that Act;
and
\(B\) increases redundancy, efficiency, and cost savings;
\(5\) leverage capabilities provided by United States
commercial providers, as appropriate and practicable; and
\(6\) certify that each existing and future contract entered
into for NASA exploration activities conducted by commercial
partners includes provisions—
\(A\) to ensure the preservation of mission continuity and
adherence to initial operating capability timeline
requirements; and
\(B\) to preclude cessation of contract activities before
completion of the contract, as appropriate.
\(c\) United States Commercial Provider Capabilities in
Support of Lunar Exploration Efforts.—The Administrator may
enter into agreements with United States commercial providers
or engage in public-private partnerships to procure
capabilities and services to support the human exploration of
the Moon or cislunar space.
\(d\) Briefings.—Not later than 30 days after the date of
the enactment of this Act, and quarterly thereafter, the
Administrator, in coordination with the Moon to Mars
management entity, shall provide the appropriate committees
of Congress with a briefing on—
\(1\) the status of the elements set forth in subsection
\(b\)\(2\)\(B\) of section 10811 of the National Aeronautics and
Space Administration Authorization Act of 2022 \(51 U.S.C.
20302 note; Public Law 117-167\) to enable lunar operations
and the human exploration of Mars, consistent with subsection
\(b\)\(2\)\(C\)\(i\) of that section; and
\(2\) the readiness of such elements to meet the respective
Artemis missions.
SEC. 203. SPACE LAUNCH SYSTEM.
\(a\) Findings.—Congress makes the following findings:
\(1\) The Space Launch System—
\(A\) represents a national capability for super-heavy lift
space launch that may support a range of unique commercial,
civil, and military mission opportunities;
\(B\) is the only vehicle ready to support human flights to
the Moon; and
\(C\) has not met the flight rate of the integrated Space
Launch System and Orion crew vehicle missions set forth in
section 10812\(b\) of the National Aeronautics and Space
Administration Authorization Act of 2022 \(51 U.S.C. 20301
note; Public Law 117-167\).
\(2\) The Space Launch System Exploration Upper Stage was
conceived to increase Space Launch System launch cargo
capacity in an era before the emergence of competitive lunar
payload delivery capabilities.
\(3\) The report of the Inspector General of NASA entitled
“NASA's Management of Space Launch System Block 1B
Development” issued on August 8, 2024, noted that the
current Exploration Upper Stage technology is behind schedule
and over budget.
\(4\) Alternative technologies exist that may be used within
the current Space Launch System architecture.
\(b\) Exploration Upper Stage Alternatives.—Subject to the
availability of appropriations, the Administrator may seek to
identify and fund an alternative technology to replace the
Exploration Upper Stage if the Administrator determines that
the Exploration Upper Stage efforts under section 10812\(b\) of
the National Aeronautics and Space Administration
Authorization Act of 2022 \(51 U.S.C. 20301 note; Public Law
117-167\) are unlikely to achieve the mission goals of the
Artemis campaign.
\(c\) Briefing.—
\(1\) In general.—Not later than 60 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
challenges of the Administration in achieving the flight rate
set forth in section 10812\(b\) of the National Aeronautics and
Space Administration Authorization Act of 2022 \(51 U.S.C.
20301 note; Public Law 117-167\).
\(2\) Elements.—The briefing required by paragraph \(1\) shall
include an assessment of methods for reducing the complexity
and cost of production and operation of the Space Launch
System, including—
\(A\) a standardization of the design of the Space Launch
System;
\(B\) the simplification of contracts;
\(C\) a balancing of government and industry workforce
components, roles, and responsibilities; and
\(D\) the optimization of the use of Administration
infrastructure.
SEC. 204. HUMAN-RATED LUNAR LANDING CAPABILITIES.
\(a\) In General.—The Administrator shall continue to
support the development and demonstration of, and shall
obtain, human-rated lunar landing capabilities to further the
goals of the human exploration roadmap under section 432 of
the National Aeronautics and Space Administration Transition
Authorization Act of 2017 \(51 U.S.C. 20302 note; Public Law
115-10\) and the Moon to Mars Program set forth in section
10811 of the National Aeronautics and Space Administration
Authorization Act of 2022 \(51 U.S.C. 20302 note; Public Law
117-167\).
\(b\) Relevant Requirements.—The Administrator shall ensure
that such human-rated lunar landing capabilities meet all
relevant human rating and certification requirements,
including the requirements of the Moon to Mars Program and
requirements for human rating and certification.
\(c\) United States Commercial Provider.—Any commercial
provider from which the Administrator obtains human-rated
lunar landing capabilities must be a United States commercial
provider.
\(d\) Duties of the Administrator.—In carrying out
subsection \(a\)—
\(1\) the Administrator may include uncrewed lunar landing
services; and
\(2\) the Administrator shall—
\(A\) subject to the availability of appropriations for such
purpose, seek to obtain capabilities from not fewer than 2
commercial providers;
\(B\) submit to the appropriate committees of Congress a
report that assesses the development milestones of human-
rated lunar landing systems developed by commercial
providers.
\(e\) Report.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report on the status
of human-rated lunar lander development and key enabling
technologies, including cryogenic propellant transfer and
storage.
\(2\) Public availability.—Not later than 30 days after the
date on which the Administrator submits the report required
by this subsection, the Administrator shall make such report
available to the public.
\(f\) Moon to Mars Landing Capabilities.—The Administrator
shall, to the extent practicable, use existing Human Landing
Systems technology in developing Mars and deep space
exploration landing capabilities.
SEC. 205. ADVANCED SPACESUIT CAPABILITIES.
\(a\) Findings.—Congress makes the following findings:
\(1\) Spacesuits and associated extravehicular activity
\(referred to in this sections as “EVA”\) technologies are
critical-path exploration technologies that are necessary for
future human deep space exploration efforts, including crewed
missions to low-Earth orbit, the Moon, and Mars.
\(2\) NASA is currently contracted with a single commercial
provider for the development of extravehicular spacesuits to
be used on the lunar surface and in deep space as part of the
Artemis program.
\(3\) While NASA's commercial services approach to acquiring
advanced spacesuit capabilities has resulted in the private
sector making substantial investments in the research,
development, and testing of advanced spacesuit capabilities
and the related supply chain, reliance on a single spacesuit
provider creates strategic, operational, and technical
vulnerabilities that may threaten mission continuity and
United States leadership in human spaceflight.
\(4\) As the United States competes with the People's
Republic of China to maintain leadership in exploration
beyond low-Earth-orbit operations, it is critical to ensure
redundancy and resilience in all mission-critical systems,
including spacesuits.
\(5\) The NASA workforce at the Johnson Space Center provides
unique experience and capabilities for designing,
integrating, and
validating spacesuits and associated EVA technologies.
\(6\) Maintaining a strong NASA core competency in the
design, development, manufacture, and operation of spacesuits
and related technologies allows the Administration to be an
informed purchaser of competitively awarded commercial
spacesuits and subcomponents.
\(7\) Testing spacesuits and related technologies on the ISS
could reduce risk and improve the safety of spacesuits and
related technologies.
\(b\) Capabilities Requirement.—
\(1\) In general.—The Administrator shall obtain the
advanced spacesuit capabilities necessary to achieve the
goals of NASA's human spaceflight exploration programs.
\(2\) Development by nasa.—If advanced spacesuit
capabilities from a commercial provider are not reasonably
available to meet NASA mission requirements with respect to
cost, schedule, and performance, the Administrator may pursue
development by NASA of advanced spacesuit capabilities to
ensure United States access to and use of such capabilities.
\(c\) Eligibility.—Any commercial provider from which the
Administrator obtains advanced spaceflight capabilities
shall—
\(1\) be a United States commercial provider; and
\(2\) be required to ensure that such capabilities comply
with applicable NASA safety and performance requirements.
\(d\) Preserving Spacesuit Expertise.—
\(1\) In general.—In carrying out subsection \(b\), and while
maintaining a strong partnership with United States industry,
the Administration shall maintain the internal expertise
necessary to certify and develop spacesuits for
extravehicular activity and surface operations, including
through partnerships with the private sector.
\(2\) Role of johnson space center.—The Johnson Space Center
shall continue to manage the spacesuit and extravehicular
activity programs of NASA.
\(e\) Briefing.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
plans of the Administration for in-space testing of advanced
spacesuit capabilities.
\(2\) Elements.—The briefing required by paragraph \(1\) shall
include—
\(A\) a detailed justification of compliance with section
30301 of title 51, United States Code; and
\(B\) a detailed certification and justification of
compliance with section 50503 of title 51, United States
Code.
SEC. 206. BRIEFING ON LUNAR OUTPOST.
Not later than 60 days after the date of the enactment of
this Act, the Administrator shall provide the appropriate
committees of Congress with a briefing on plans for the
Gateway outpost.
SEC. 207. LUNAR TERRAIN VEHICLE ELEMENT.
\(a\) Findings.—Congress makes the following findings:
\(1\) Artemis lunar human exploration is essential to
maintaining United States leadership in influencing norms and
responsible behavior in the conduct of scientific and
economic activities on the lunar surface.
\(2\) Human surface mobility and the establishment of
infrastructure and technology that enable long-term lunar
habitation and exploration are essential to United States
leadership.
\(3\) The completed Phase 1 of the Lunar Terrain Vehicle
element has successfully engaged multiple contractors, each
of which has conducted a year-long study to develop a capable
human surface mobility system through the preliminary design
maturity project phase.
\(4\) A robust domestic industrial base will support the
longevity and success of United States space missions and
allow the Administration to leverage the rapid pace of
commercial innovation while providing value to taxpayers.
\(b\) Requirements.—In carrying out activities to enable
Artemis missions under the Moon to Mars Program set forth in
section 10811 of the National Aeronautics and Space
Administration Authorization Act of 2022 \(51 U.S.C. 20302
note; Public Law 117-167\), subject to the availability of
appropriations, the Administrator shall—
\(1\) enter into an agreement a United States commercial
entity or entities, or engage in public-private partnerships,
to procure capabilities and services to support the human
exploration of the lunar surface; and
\(2\) seek to obtain capabilities from not fewer than 2
commercial providers to execute Phase 2 of the Lunar Terrain
Vehicle element.
SEC. 208. EXPLORATION GROUND SYSTEMS.
\(a\) Findings.—Congress finds that space exploration ground
system infrastructure is critical for future human deep space
exploration missions described in section 10812 of the
National Aeronautics and Space Administration Authorization
Act of 2022 \(51 U.S.C. 20301 note; Public Law 117-167\).
\(b\) Investment.—The Administrator shall ensure that all
taxpayer-funded infrastructure at the Kennedy Space Center,
including the Exploration Ground System, is used to the
extent practicable in support of space exploration missions
and activities.
SEC. 209. COMMERCIAL LUNAR PAYLOAD SERVICES PROGRAM.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the encouragement and support of the Administrator for
competitive commercial services for lunar surface delivery
capabilities and other related services is in the national
interest of the United States; and
\(2\) commercial providers benefit from an approach that
places low-cost, noncritical instruments on initial lunar
deliveries using small- and medium-sized commercial landers
of various sizes before proceeding to more complex payloads.
\(b\) Commercial Lunar Payload Services Program.—
\(1\) In general.—The Administrator is authorized to
continue the Commercial Lunar Payload Services program for
the purpose of procuring from multiple United States
commercial providers services for the delivery of NASA
science, space technology, and human exploration payloads,
and the payloads of other NASA mission directorates, as
appropriate and practicable, to the lunar surface.
\(2\) Objectives.—The objectives of the Commercial Lunar
Payload Services program shall be—
\(A\) to advance lunar science through a continual cadence of
low-cost robotic lunar landing missions; and
\(B\) to establish a pathway for the use of commercial
services for cislunar space communications.
\(3\) Implementation.—In carrying out activities pursuant to
the Commercial Lunar Payload Services program, the
Administrator shall—
\(A\) conduct updated independent market research, including
commercial market estimates on the commercial lunar economy,
and identify any changes since the date of any preceding
market analysis;
\(B\) conduct an assessment of the role of NASA in the
commercial lunar delivery market;
\(C\) based on research and assessments required by
subparagraphs \(A\) and \(B\)—
\(i\) conduct an assessment on the effectiveness of the task
order and block buy approach in advancing commercial
development of lunar delivery services, including an
assessment of the appropriate number of providers necessary
to support NASA commercial lunar delivery needs and the
development of a sustainable lunar presence; and
\(ii\) identify any challenges and recommendations for
improvement;
\(D\) strengthen procedures related to the selection,
manifesting, interfaces, and requirements of payloads and
other relevant factors that could contribute to minimizing
future NASA-directed changes to projects after the date of
the award of commercial lunar payload service contracts,
including adherence to financial and technical milestones;
and
\(E\) follow best practices and lessons learned, as
applicable and appropriate, from other Administration
commercial services programs, such as the Commercial Crew
program and the Commercial Resupply Services Program.
\(4\) Coordination.—In implementing the Commercial Lunar
Payload Services program, the Administrator shall ensure
coordination of such program with the NASA mission
directorates and the Moon to Mars Program so as to ensure the
alignment of Administration goals for lunar delivery
services, including such goals related to cislunar space
communications and Mars exploration.
\(c\) Management Plan.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the Administrator shall develop
and implement a management plan that—
\(A\) is informed by the activities conducted under the
Commercial Lunar Payload Services program; and
\(B\) sets forth clear leadership authority and
responsibility for such program.
\(2\) Briefings.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
implementation of the management plan required by paragraph
\(1\).
SEC. 210. MOON BASE.
\(a\) Findings.—Congress makes the following findings:
\(1\) The National Aeronautics and Space Administration,
through the Artemis program, is advancing United States
leadership in space exploration by developing the
capabilities necessary for sustained human presence on the
Moon and beyond, reinforcing the role of the United States as
the global leader in space science and technology.
\(2\) The lunar south pole is a strategically important
region due to its unique resources, making it a critical
location for establishing a sustainable presence on the Moon,
as well as a departure point for missions deeper into the
solar system, including crewed missions to Mars.
\(3\) Establishing a lunar base ensures that the United
States can explore from the ultimate high ground of the Moon,
providing strategic advantages for science, technology,
international cooperation, and national interests, while
ensuring peace and freedom of exploration beyond Earth.
\(4\) Through the Commercial Lunar Payload Services program
and Lunar Terrain Vehicle procurements, NASA is laying the
foundation for logistics and mobility capabilities necessary
for a sustainable lunar base.
\(5\) Meaningful and robust scientific research on the lunar
surface is essential to the success, justification, and long-
term sustainability of a permanent lunar presence,
including investigations in planetary science, heliophysics,
astrophysics, life sciences, in-situ resource utilization,
and other disciplines enabled by sustained access to the
lunar environment.
\(6\) A lunar base that is designed to enable and be
supported by high-priority scientific objectives will
maximize return on investment, strengthen United States
leadership in space science, and generate knowledge necessary
for future missions to Mars and other destinations.
\(b\) Lunar Base.—
\(1\) In general.—As soon as practicable, the Administrator
shall undertake activities necessary to establish a Lunar
Surface Moon Base to develop a permanent crewed United States
presence on the Moon capable of long-duration habitation,
robotic, and industrial operations to advance science,
technology, and strategic interests.
\(2\) Transition.—The Administrator shall procure an
incremental transition from continuous capability to a
permanently occupied or continuously inhabited lunar surface
presence, conducted in coordination with cislunar
infrastructure, as applicable, to achieving long-term
exploration objectives beyond low-Earth orbit.
\(3\) Requirements and standards.—As of the date of the
enactment of this Act, Government expertise is required to
define requirements and standards and maximize the
opportunities for partners of all sizes and abilities to
participate.
\(4\) Science integration.—In carrying out this subsection,
the Administrator shall ensure that—
\(A\) in its final form, the lunar base is designed,
constructed, and operated to enable meaningful and robust
scientific research and technology demonstrations on the
lunar surface;
\(B\) science objectives inform site selection,
infrastructure development, habitation design, power systems,
mobility systems, communications architecture, and logistics
planning; and
\(C\) sustained human and robotic presence at the lunar base
supports priority scientific investigations identified
through the National Academies' decadal surveys and other
relevant strategic science planning processes.
\(c\) Enduring Lunar Presence.—
\(1\) In general.—The Administrator may establish a United
States lunar base, consistent with sections 20302 and 70505
of title 51, United States Code.
\(2\) Initial elements.—In establishing the lunar base under
paragraph \(1\), the Administrator may prioritize
sustainability, affordability, long-term viability, and
scientific utility, and shall ensure, to the maximum
practical extent, that capabilities are scalable to Mars
missions and adaptable to evolving national exploration and
science needs.
\(d\) Utilization of Commercial Infrastructure.—In carrying
out this section, the Administrator may, to the maximum
extent practicable, leverage any commercial infrastructure or
capacity already emplaced on the lunar surface and
incorporate planned viable commercial infrastructure or
capacity into the development and operation of the lunar
presence to reduce costs, enhance resiliency, and improve
capacity.
\(e\) Use of Existing Hardware.—The Administrator may
repurpose, reprogram, reconfigure, or reassign existing
programs, platforms, modules, or hardware originally
developed for other programs.
\(f\) Utilization of Commercial Lunar Payload Services and
Cargo Landers.—
\(1\) Commercial lunar payload services program.—In carrying
out subsection \(b\), the Administrator may utilize the
Commercial Lunar Payload Services Program contracting vehicle
to deliver instruments, infrastructure components,
communication and power systems, scientific payloads, and
other logistics packages to the outpost and designated
staging sites.
\(2\) Cargo landers.—The Administrator may procure, through
the Commercial Lunar Payload Services Program or other
competitive solicitations, cargo lunar lander services to
deliver cargo, vehicles, science instruments, technology
demonstrations, habitats, power systems, elements of the
lunar outpost, or any other infrastructure elements to the
lunar surface.
\(g\) Precursor and Enabling Activities.—The Administrator
may carry out precursor surface missions and demonstrations
necessary for lunar outpost establishment, including—
\(1\) delivery and emplacement of power generation and energy
storage systems;
\(2\) precision landing, hazard avoidance, and site
preparation;
\(3\) autonomous assembly and berthing systems;
\(4\) communications, navigation, and timing infrastructure;
and
\(5\) early scientific investigations and technology
demonstrations that inform long-duration habitation and
infrastructure development utilizing the Commercial Lunar
Payload Services Program and other commercial lunar services,
as appropriate.
\(h\) Space Resource Extraction and Development Demonstration
Mission.—
\(1\) In general.—As soon as practicable, the Administrator
shall conduct, on the lunar surface, a space resource
extraction and development demonstration mission focused on
solar wind volatiles, including helium-3, hydrogen, and other
resources.
\(2\) Approach.—To accomplish such space resource extraction
and development, the mission required by paragraph \(1\) shall
use a lander developed under the Commercial Lunar Payload
Services program and a commercial payload.
\(3\) Implementation plan.—As soon as practicable but not
later than 120 days after the date of the enactment of this
Act, the Administrator shall submit to the appropriate
committees of Congress a plan and timeline for the
implementation of the demonstration mission required by
paragraph \(1\), which shall include—
\(A\) a design and mission architecture; and
\(B\) realistic cost and schedule estimates.
\(i\) Management and Organizational Responsibility.—
\(1\) In general.—The Administrator shall designate as the
lead NASA center for the Lunar Surface Moon Base activities a
NASA center that is institutionally responsible for—
\(A\) human spaceflight operations and crewed mission
execution;
\(B\) astronaut training and crew operations development;
\(C\) integration of human spaceflight systems across
multiple programs and mission directorates; and
\(D\) operational control of missions involving sustained
human presence beyond low-Earth orbit.
\(2\) Responsibilities.—The designated center shall be
responsible for overall program management, systems
integration, crew operations planning, and logistics
coordination for the Lunar Surface Moon Base activities.
\(3\) Exploration systems development mission directorate.—
The Lunar Surface Moon Base shall be conducted under the
Exploration Systems Development Mission Directorate.
\(j\) Coordination and Integration.—In carrying out this
section, the Administrator shall—
\(1\) ensure coordination between the Lunar Surface Moon Base
and other NASA exploration and science activities;
\(2\) promote interoperability between lunar surface systems
and cislunar infrastructure to support safe, efficient, and
sustained operations;
\(3\) ensure that lunar surface systems are designed to
enable long-term expansion and integration with future
exploration architectures; and
\(4\) coordinate with the Science Mission Directorate to
align lunar surface infrastructure, operations planning, and
crew utilization with high-priority scientific objectives.
\(k\) Limitations.—The Administrator may not fund the
development of any landers under this section.
SEC. 211. ENGINE TESTING FOR EXPLORATION.
\(a\) Findings.—Congress makes the following findings:
\(1\) Rocket propulsion system testing is critical for the
operation of the space launch system and of future rockets
that will embark on deep space exploration, including crewed
missions to the Moon.
\(2\) The NASA Stennis Space Center is the primary and
largest rocket propulsion system testing and engineering
facility for NASA.
\(3\) The NASA Stennis Engineering and Test Directorate
provides unique ground-testing services for rocket propulsion
systems.
\(4\) The existing infrastructure at the Stennis Space Center
provides unique capabilities to test and evaluate rocket
propulsion systems for space launch vehicles.
\(5\) Maintaining within NASA a strong core competency in the
testing and evaluation of rocket propulsion systems and
related technologies allows NASA to be an informed purchaser
of competitively awarded commercial rocket engines.
\(6\) The commercial space industry is currently developing
rocket propulsion systems and other space launch
capabilities.
\(7\) Testing rocket propulsion systems reduces risk and
improves safety of space launch vehicles.
\(b\) Rocket Propulsion System Testing.—
\(1\) Maintaining rocket propulsion system testing
capabilities.—
\(A\) In general.—The Administrator shall—
\(i\) maintain the rocket propulsion system testing
capabilities necessary to achieve the goals of the human
spaceflight exploration programs of NASA; and
\(ii\) ensure the continuity within NASA of the internal
expertise necessary to test and evaluate rocket propulsion
systems, including through partnerships with the private
sector.
\(B\) Role of stennis space center.—The rocket propulsion
system testing programs of NASA shall continue to be managed
by the Stennis Space Center.
\(2\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on
NASA plans for—
\(A\) rocket propulsion system testing and evaluation for—
\(i\) missions in low-Earth orbit; and
\(ii\) missions to be conducted in deep space; and
\(B\) future programs for rocket propulsion system testing
for missions that use space launch vehicles certified for use
by NASA for government astronauts \(as defined in section
50902 of title 51, United States Code\).
TITLE III—SPACE OPERATIONS
SEC. 301. MAXIMIZING UNITED STATES PRESENCE IN LOW-EARTH
ORBIT.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) it is in the national and economic security, foreign
policy, and scientific interests of the United States to
maintain a continuous human presence in low-Earth orbit;
\(2\) capabilities in low-Earth orbit should include a mix of
crewed and uncrewed commercial platforms;
\(3\) platforms in low-Earth orbit should transition from
government-only enterprises to commercially led enterprises;
and
\(4\) low-Earth orbit should be used to advance human space
exploration, scientific discoveries, and United States
leadership, economic competitiveness, and commercial
participation.
\(b\) Continuous Human Presence Requirement.—
\(1\) In general.—The Administrator shall maintain a
continuous human presence in low-Earth orbit to advance human
space exploration, scientific discoveries, international
cooperation, and United States economic competitiveness and
commercial participation in low-Earth orbit through and
beyond the useful life of the ISS.
\(2\) Waiver.—
\(A\) In general.—The Administrator may waive the
application of paragraph \(1\) if the Administrator determines
that technical or safety issues exist that—
\(i\) would put the lives of United States astronauts in
jeopardy; or
\(ii\) prohibit the continued safe operation of the ISS or
other low-Earth-orbit destinations operating under contracts,
cooperative agreements, or other arrangements with the
Federal Government.
\(B\) Notification.—The Administrator shall notify the
appropriate committees of Congress of the exercise of the
waiver authority under subparagraph \(A\).
\(c\) Uncrewed Commercial Platforms.—
\(1\) In general.—Subject to the availability of
appropriations, the Administrator shall support and fund
uncrewed platforms to meet the growing demand for
observational and microgravity research and commercial
activities in support of United States economic
competitiveness and commercial participation in low-Earth
orbit.
\(2\) Partnership.—The Administrator, through a full and
open competition process informed by commercial market
estimates, shall partner with commercial providers to pursue
phased development and demonstration of technologies required
for uncrewed platforms in low-Earth orbit, including
returnable uncrewed vehicles and downmass capability.
SEC. 302. COMMERCIAL LOW-EARTH-ORBIT DEVELOPMENT PROGRAM.
\(a\) Findings.—Congress makes the following findings:
\(1\) The ISS has been the cornerstone of United States human
spaceflight in low-Earth orbit for over 2 decades.
\(2\) The planned retirement of the ISS necessitates a
transition to commercial destinations so as to maintain
continuous United States human presence in low-Earth orbit.
\(3\) Relying on a single commercial destination provider
risks programmatic, operational, and strategic
vulnerabilities.
\(4\) Strategic competition with countries such as the
People's Republic of China requires the United States to
maintain a resilient and redundant space infrastructure in
low-Earth orbit.
\(b\) Continuous Crew Presence and Activity.—The
Administrator shall use commercial low-Earth-orbit
destinations to ensure the continuous presence of United
States Government crew to advance human space exploration,
scientific discoveries, the national defense, and United
States economic competitiveness and commercial participation
in low-Earth orbit.
\(c\) Commercial Low-Earth-orbit Development Program.—
\(1\) In general.—The Administrator shall—
\(A\) establish a Commercial Low-Earth-Orbit Development
Program; and
\(B\) designate the Johnson Space Center as the lead NASA
center responsible for coordinating all NASA activities
related to commercial low-Earth-orbit space destinations,
including crew operations, mission integration, and astronaut
training.
\(2\) Consolidation.—In establishing the Commercial Low-
Earth-Orbit Development Program, the Administrator may, as
appropriate and practicable, consolidate programs of other
Administration centers that support activities described in
subsection \(b\).
\(3\) Systems integration.—The Johnson Space Center shall
lead efforts to integrate the operations of commercial
destinations into NASA human spaceflight programs in order to
ensure interoperability, safety, and mission success.
\(d\) Development of Commercial Low-Earth-orbit
Destinations.—
\(1\) Solicitation.—
\(A\) In general.—The Administrator shall issue a
solicitation using full and open competition, informed by
commercial market estimates and industry feedback, to
identify commercial entities capable of providing services to
the Administration to support activities described in
subsection \(b\).
\(B\) Requirements.—Not later than 60 days after the date of
the enactment of this Act, the Administrator shall make
available to the public a document that sets forth the
requirements for a commercial destination in low-Earth orbit
for the purpose of facilitating the development of a request
for proposal for services to be provided to the
Administration to support activities described in subsection
\(b\).
\(C\) Final request for proposals.—Not later than 90 days
after the date of the enactment of this Act, the
Administrator shall make available the final request for
proposals to solicit industry proposals to support activities
described in subsection \(b\).
\(2\) Selection.—
\(A\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall enter into
contracts, cooperative agreements, or other arrangements with
2 or more commercial providers that have submitted a proposal
in response to the solicitation under paragraph \(1\).
\(B\) Use of funds.—Funds provided by the Administrator to
the Commercial Low-Earth-Orbit Development Program shall be
used to support the selection described in subparagraph \(A\).
SEC. 303. MANAGED TRANSITION FROM INTERNATIONAL SPACE STATION
TO COMMERCIAL LOW-EARTH-ORBIT DESTINATIONS.
\(a\) Transition Process.—
\(1\) Initiation.—Beginning on the date on which 1 or more
commercial low-Earth-orbit destinations have commenced
operations, the Administrator shall commence the process of
an orderly, managed transition of operations from the ISS to
1 or more commercial providers in a manner that maintains a
continuous human presence.
\(2\) Vehicle certification.—As part of the process
described in paragraph \(1\), the Administrator shall develop
and initiate a process for the certification of a commercial
destination capable of providing services to the
Administration so as to enable continuous, safe crew
operations.
\(3\) Demonstration of capabilities.—In order to be
considered for the transition of operations under this
section, a commercial low-Earth-orbit destination shall
demonstrate, based on requirements set forth in accordance
with section 302\(d\)\(1\)\(B\), capabilities sufficient to support
scientific research, technology development, national
laboratory functions, and commercial activities previously
conducted aboard the ISS.
\(4\) Authority to transfer operations.—
\(A\) In general.—The Administrator may transfer operations
from the ISS to a commercial low-Earth-orbit destination that
has successfully demonstrated capabilities sufficient to
support scientific research, technology development, national
laboratory functions, and commercial activities previously
conducted aboard the ISS.
\(B\) Notification.—Not later than 7 days after the date on
which the Administrator makes a decision to initiate the
transfer of operations under this subsection, the
Administrator shall notify the appropriate committees of
Congress of the intent to initiate such transfer.
\(C\) Mixed portfolio.—In transferring operations under
subparagraph \(A\), the Administrator shall seek to maintain
the same average number of commercial crew and frequency of
cargo flights to low-Earth orbit and the same tempo of
operations, crew size, and research throughput in low-Earth
orbit as existed before the date on which the transfer
commenced.
\(5\) Duration of managed transition.—A transition under
this subsection shall, to the extent practicable, occur in a
manner that ensures an overlap between ISS operations and
commercial low-Earth-orbit destination operations, during
which both platforms may support continuous human presence
for not less than 180 days.
\(b\) De-orbit of the ISS.—The Administrator shall not
initiate the de-orbit of the ISS until the date on which a
commercial low-Earth-orbit destination has reached an initial
operational capability to support crew in low-Earth orbit.
\(c\) Waiver.—
\(1\) In general.—The Administrator may waive the
application of subsections \(a\) and \(b\) if the Administrator
determines that technical or safety issues exist that—
\(A\) would put the lives of United States astronauts in
jeopardy; or
\(B\) prohibit the continued safe operation of the ISS.
\(2\) Notification.—Not later than 7 days after the date on
which the Administrator makes a determination under paragraph
\(1\), the Administrator shall notify the appropriate
committees of Congress of the intent of the Administrator to
exercise the waiver authority pursuant to that paragraph.
SEC. 304. EXTENSION OF INTERNATIONAL SPACE STATION.
\(a\) Findings.—Congress makes the following findings:
\(1\) The United States has maintained a continuous human
presence in low-Earth orbit since November 2000, through
operations aboard the ISS.
\(2\) It is the current policy of the United States to
support full and complete utilization of the ISS, in
consultation with the international partners of the United
States.
\(3\) It is the intent of Congress to ensure an orderly
transition from the ISS to commercial low-Earth-orbit
destinations without a gap in continuous United States human
presence in low-Earth orbit.
\(4\) Pursuant to chapter 501 of title 51, United States
Code, and related authorities, NASA has undertaken efforts to
transition from the ISS to commercial low-Earth-orbit
destinations.
\(5\) The successful development of commercial destinations
capable of maintaining continuous human presence in low-Earth
orbit depends upon timely, stable, and transparent Federal
acquisition strategies, clearly defined operational
requirements, and predictable transition timelines.
\(6\) Over the course of the effort to transition from the
ISS to commercially owned and operated low-Earth-orbit
destinations, NASA has issued programmatic direction and
planning guidance that materially altered previously
communicated acquisition approaches, operational
requirements, funding assumptions, and transition schedules.
\(7\) NASA has repeatedly delayed the release of a request
for proposals for sustained commercial low-Earth-orbit
services, and such delays, coupled with shifting requirements
and inconsistent programmatic direction, have introduced
substantial uncertainty into the development planning,
financing, workforce scaling, and infrastructure investment
decisions of commercial providers.
\(8\) As a result of such uncertainty and delayed procurement
action, commercial providers have been unable to scale
development and private investment at a pace aligned with the
previously articulated NASA objective of de-orbiting the ISS
in or around 2030.
\(9\) The risk of a gap in continuous United States human
presence in low-Earth orbit between the retirement of the ISS
and the availability of at least 1 fully operational
commercial destination capable of demonstrating sustained
continuous human presence has been exacerbated by delayed and
inconsistent Federal acquisition actions, rather than solely
by technical or industrial base challenges of commercial
providers.
\(10\) Maintaining uninterrupted United States human presence
in low-Earth orbit is a matter of national interest,
scientific continuity, workforce stability, international
leadership, industrial base preservation, and strategic
competition.
\(b\) Sense of Congress.—It is the sense of Congress that
until the date on which NASA has certified a commercial low-
Earth orbit destination to which the operations of the ISS
may be transferred, it is in the national and economic
security, foreign policy, and scientific interests of the
United States to maintain and support the ISS.
\(c\) Proper Support.—To adequately maintain the effective
use of the ISS, until the date on which 1 or more commercial
destinations are capable of providing services to the
Administration, the Administrator shall seek to maintain the
same average number of commercial crew and frequency of cargo
flights as before the date of the enactment of this Act,
including exploring opportunities for private cargo missions
to build commercial operational experience, maintain crew
size or maintain or increase tempo of operations, completion
of regular maintenance and procurement of critical spare
parts, and research throughput.
\(d\) Extension of the ISS.—Section 501\(a\) of the National
Aeronautics and Space Administration Authorization Act of
2010 \(42 U.S.C. 18351\(a\)\) is amended by striking “September
30, 2030” and inserting “September 30, 2032”.
\(e\) Waiver.—
\(1\) In general.—The Administrator may waive the
application of subsection \(c\) if the Administrator determines
that technical or safety issues exist that would put the
lives of astronauts in jeopardy.
\(2\) Notification.— The Administrator shall notify the
appropriate committees of Congress of the exercise of the
waiver authority under paragraph \(1\).
SEC. 305. REPORTING AND OVERSIGHT.
Section 50111 of title 51, United States Code, is amended
by striking subsection \(c\) and inserting the following:
“\(c\) Low-earth Orbit Transition Briefing.—Not later than
60 days after the date of the enactment of the NASA
Authorization Act of 2026, and semiannually thereafter, the
Administrator shall provide the appropriate committees of
Congress with a briefing that includes—
“\(1\) the status of commercial low-Earth-orbit destination
procurement, development, and certification, including a
description, schedule, and status of major milestones for
each provider;
“\(2\) an evaluation of crew and cargo vehicles needed to
ensure access to commercial low-Earth-orbit destinations,
including the projected availability and cost of commercially
available systems;
“\(3\) an evaluation of the service life of the
International Space Station, including—
“\(A\) an inventory of spares or replacements for elements,
systems, and equipment necessary to maintain continuous human
presence;
“\(B\) the status of extra vehicular mobility units;
“\(C\) projected timelines for achieving an overlap between
International Space Station operations and operations of a
commercial low-Earth-orbit destination of not less than 1
year, during which both platforms shall support continuous
human presence for not less than 180 days;
“\(D\) an assessment of risks to maintaining continuous
human presence prior to the transition to commercial low-
Earth-orbit destinations; and
“\(E\) certification of compliance with the full crew
requirement under section 303\(a\)\(4\)\(C\) of the NASA
Authorization Act of 2026; and
“\(4\) the status of the de-orbit of the International Space
Station, including—
“\(A\) a description and the schedule and status of major
milestones;
“\(B\) the status of the development of a United States de-
orbit vehicle and other space station equipment necessary for
a successful de-orbit of the International Space Station; and
“\(C\) a description of the life-cycle expenditures for the
preceding year and expenditures for the upcoming year on
activities related to the de-orbit of the International Space
Station and any impacts to the tempo of operations, crew
size, and research throughput in low-Earth orbit as were
conducted before the date of the enactment of the NASA
Authorization Act of 2026.”.
SEC. 306. TRANSITION TO A COMMERCIALLY LED LOW-EARTH-ORBIT
ECONOMY.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the transition from the ISS to commercial destinations
to support a continuous human presence in low-Earth orbit is
in the national and economic security interests of the United
States;
\(2\) using commercial low-Earth-orbit destinations for a
wide range of contemplated missions will facilitate the
economic, national defense, science, and exploration
objectives of the United States;
\(3\) the United States should—
\(A\) facilitate partnerships among the Federal Government,
international partners, and the commercial space sector,
including through the purchase of commercial low-Earth-orbit
services, to ensure the evolution of an ecosystem with
private sector development of new technologies, hardware,
processes, capabilities, and other commercial low-Earth-orbit
service offerings; and
\(B\) continue to consider private sector proposals that
further the development of the low-Earth-orbit economy in
which the Administration is 1 of many customers; and
\(4\) the managed transition under section 303 is necessary
to enable the transition from the ISS to commercial
destinations.
\(b\) NASA Activities for Development of Commercial Low-
Earth-orbit Destinations.—The Administrator shall authorize
activities, on the ISS and within the Administration, that
develop infrastructure, hardware, processes, capabilities,
technologies, and personnel to enable—
\(1\) the development of commercial low-Earth-orbit
destinations; and
\(2\) a United States-led low-Earth-orbit economy.
\(c\) Commercial Activities.—The Administrator may permit
the use of the ISS, in a manner consistent with the policy
and purpose set forth in section 20102 of title 51, United
States Code—
\(1\) to carry out the activities described in subsection
\(b\); and
\(2\) to conduct—
\(A\) science and technology research with commercial
applications; and
\(B\) marketing and sponsorship of services and products on a
cost-reimbursable basis.
SEC. 307. NONGOVERNMENTAL MISSIONS ON THE INTERNATIONAL SPACE
STATION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) nongovernmental missions on the ISS carried out, as
appropriate, pursuant to Federal law and NASA policies and
procedures can provide lessons and learning experiences for
governmental and nongovernmental entities to inform the
development of future commercial low-Earth-orbit platforms
and a low-Earth-orbit economy; and
\(2\) the Administrator should share lessons learned from
nongovernmental missions on the ISS—
\(A\) to advance the commercial human spaceflight industry;
\(B\) to promote the safety of future commercial low-Earth-
orbit platforms; and
\(C\) to inform the evolution of policies guiding such
activities in low-Earth orbit.
\(b\) Agreements for Nongovernmental Missions on the ISS.—
The Administrator may enter into 1 or more agreements to
enable 1 or more United States commercial providers to
conduct nongovernmental missions on the ISS pursuant to
Federal law and NASA policies and procedures.
SEC. 308. BRIEFING ON USE OF COMMERCIAL SUBORBITAL VEHICLES
FOR CREWED MISSIONS.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) there should be assured access to suborbital
microgravity environments for United States Government
personnel; and
\(2\) commercial suborbital vehicles should be used as a low-
cost option for training, experimentation, research, and
testing purposes.
\(b\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on—
\(1\) the costs, benefits, risks, training requirements, and
policy or legal implications, including liability matters, of
launching United States Government personnel on commercial
suborbital vehicles; and
\(2\) the maximum flight cadence and current availability of
such vehicles.
SEC. 309. LUNAR COMMUNICATIONS.
\(a\) Findings.—Congress makes the following findings:
\(1\) Reliable communication and navigation capabilities are
essential for sustainable human and robotic exploration of
the Moon.
\(2\) Fostering the development of commercial capabilities
may accelerate the deployment of lunar communication and
navigation services.
\(b\) Authority To Develop Architecture for Lunar
Communications and Navigation.—The Administrator may develop
a robust and resilient architecture for lunar communications
and navigation to support
the human and robotic lunar exploration activities of the
Administration.
\(c\) Study and Plan.—To inform the development of the
architecture described in subsection \(b\), the Administrator
shall—
\(1\) conduct a study on the need for a lunar communications
and navigation architecture, which shall include the
development of commercial market estimates; and
\(2\) develop a plan—
\(A\) to enable interoperable communications and navigation
services for cislunar space missions;
\(B\) to collaborate with the private sector, other Federal
agencies, and, as appropriate, international partners to
establish technical standards, consistent with section 12\(d\)
of the National Technology Transfer and Advancement Act of
1995 \(15 U.S.C. 272 note; Public Law 104-113\), protocols, and
interface requirements for cislunar space communications and
navigation services and systems;
\(C\) to support NASA lunar activities;
\(D\) to leverage the space technology research, development,
and demonstration activities of NASA relating to space
communications and navigation; and
\(E\) to evaluate the opportunities, benefits, feasibility,
and challenges of the potential use of commercial cislunar
space communication and navigation services, as appropriate,
by United States commercial providers.
\(d\) Role of Glenn Research Center.—The Administrator shall
designate the Glenn Research Center as the lead NASA center
for the conduct of the study and the development of the plan
required by subsection \(c\).
SEC. 310. REPORT ON SPACE COMMUNICATIONS UPGRADES.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the aging NASA Tracking and Data Relay Satellite System
provides critically important communications capabilities for
services used by NASA, other Federal agencies, the domestic
commercial space industry, and other entities; and
\(2\) as such system ages out, the NASA Communications
Services Project is partnering with industry to develop
advanced options for augmenting and replacing such
capabilities and related services with commercial offerings.
\(b\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a report that includes
the following:
\(A\) An identification of the projected space communications
needs of the Administration, including needs relating to
necessary upgrades to existing infrastructure, including the
Tracking and Data Relay Satellite System, and new
capabilities for future missions, including the
Communications Services Project.
\(B\) A description of the upgrades required to meet the
needs identified under subparagraph \(A\).
\(C\) A summary of the actions taken by the Administrator to
carry out such upgrades.
\(D\) A discussion of the manner in which the Administrator
is taking an integrated approach to upgrading space
communications infrastructure, including whether the
Administrator is considering infrastructure that may be
extended to other needs of the Administration, such as the
Moon to Mars Program.
\(E\) An analysis of the manner in which commercial solutions
from entities that provide or use on-orbit or launch services
that may be leveraged to fulfill the needs identified under
subparagraph \(A\).
\(2\) Form.—The report required by this subsection shall be
submitted in unclassified form but may include a classified
annex or may be accompanied by a classified briefing.
SEC. 311. LUNAR TIME STANDARDIZATION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the establishment of a resilient, interoperable, and
precise United States-led lunar positioning, navigation, and
timing architecture is critical to the success of civil,
commercial, and national security operations in cislunar
space and on the lunar surface;
\(2\) a unified interagency approach, supported by strong
public-private partnerships and international coordination,
is necessary to ensure United States leadership in space
standards and infrastructure; and
\(3\) open and interoperable standards must underpin all
lunar positioning, navigation, and timing systems in order to
enable seamless coordination across government, commercial,
and international missions.
\(b\) Statement of Policy on Promotion of Domestic
Capability.—It is the policy of the United States to support
the development of a domestic, commercially scalable, high-
accuracy timekeeping infrastructure to complement Government
capabilities and reduce reliance on foreign or legacy
systems.
\(c\) NASA as Lead Agency for Lunar Positioning, Navigation,
and Timing Architecture.—
\(1\) In general.—The Administrator shall—
\(A\) continue leading the development and deployment of a
lunar positioning, navigation, and timing architecture that
is resilient, scalable, and interoperable;
\(B\) coordinate with the Department of Defense, the National
Geospatial-Intelligence Agency, the Navy, the National
Institute of Standards and Technology, the Department of
Transportation, and other relevant agencies to define and
implement a unified, secure, and high-precision lunar time
standard consistent with United States space policy;
\(C\) encourage and integrate commercial capabilities into
the NASA Space Communications and Navigation infrastructure,
including through support of commercial lunar clock data
centers and related services; and
\(D\) ensure that any lunar geodetic reference frame
developed by the United States is interoperable with
international standards.
\(2\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator, in coordination
with interagency partners, shall submit to the appropriate
committees of Congress a report that includes the following:
\(A\) A description of existing and planned United States
lunar positioning, navigation, and timing capabilities.
\(B\) Identified gaps with respect to such capabilities or
the coverage of such capabilities.
\(C\) With respect to such capabilities—
\(i\) defined roles and responsibilities of Federal agencies
and commercial stakeholders;
\(ii\) a description of interagency coordination mechanisms
and any barriers that prevent the alignment of such
mechanisms; and
\(iii\) plans for engagement by the Administrator with
international standards bodies and space agencies.
\(D\) A proposed roadmap and timeline for the deployment of
an integrated lunar positioning, navigation, and timing
system.
\(3\) Briefing.—Not later than 90 days after the date of the
enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on the
development and deployment of a lunar positioning,
navigation, and timing architecture that includes, with
respect to such architecture, information on the following:
\(A\) Lunar relay and surface navigation infrastructure.
\(B\) Interoperability with allied and international partner
capabilities.
\(C\) Integration of commercial partnerships and data
services.
SEC. 312. LUNAR SURFACE POWER.
\(a\) Findings.—Congress makes the following findings:
\(1\) It is in the national interest of the United States to
achieve a sustained presence on the Moon for human
exploration, scientific discovery, and commercial economic
activity.
\(2\) Abundant reliable power is required to carry out robust
human and robotic exploration of the Moon and commercial
economic activity in space.
\(3\) Establishing a reliable power infrastructure on the
lunar surface near key areas of interest is vital to—
\(A\) continued United States leadership in space;
\(B\) the next phase of the Artemis campaign; and
\(C\) enabling a sustained United States presence on the
Moon.
\(4\) NASA has sponsored research to demonstrate solar and
fission surface power on the surface of the Moon.
\(5\) Commercial entities seek to deploy solar arrays,
nuclear reactors, and radioisotope power systems to the
surface of the Moon for the purpose of providing power for
lunar activities.
\(6\) NASA has successfully leveraged commercial capabilities
for Commercial Lunar Payload Services and other programs.
\(7\) Leveraging commercially developed power infrastructure
may increase efficiency, reduce costs, and accelerate the
deployment of sustainable lunar power sources.
\(b\) Report on Power Requirements.—
\(1\) In general.—Not later than 120 days after the date of
the enactment of this Act, the Administrator shall issue a
report that forecasts the power needs of the Administration
on the lunar surface during the 10-year period beginning on
such date of enactment.
\(2\) Elements.—The report required by paragraph \(1\) shall
include an identification of the projected power needs for
human missions, robotic operations, and commercial activities
supported by the Administration.
\(3\) Form.—The report required by paragraph \(1\) shall be
submitted in unclassified form but may include a classified
annex.
\(c\) Pilot Program.—
\(1\) Agreements.—Not later than 1 year after the date of
the enactment of this Act, subject to the availability of
appropriations, the Administrator, through an open and
competitive solicitation process, shall enter into an
agreement with not fewer than 2 private entities for the
purpose of acquiring power on the lunar surface, including
power provided by onboard integrated systems capable of
surviving through lunar nights, based on the Administration's
forecasted needs for power set forth in the report issued
under subsection \(b\).
\(2\) Termination.—The Administrator may terminate an
agreement entered into under paragraph \(1\) if the private
entity concerned is unable to commence the delivery of power
by the date that is 4 years after the date on which the
agreement is entered into.
\(d\) Designation of Lead Center for Lunar Surface Fission
Power.—The Administrator shall designate the NASA Glenn
Research Center as the lead NASA center for the development,
integration, testing, and demonstration of lunar surface
fission power systems authorized under this section.
SEC. 313. COMMERCIAL LUNAR DATA ACQUISITION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) advancements in commercial imagery and sensing
technology are capable of supporting scientific progress; and
\(2\) the Administrator should—
\(A\) take advantage of all sources of innovation; and
\(B\) leverage capabilities from outside government in order
to accomplish the science and exploration missions of NASA.
\(b\) Pilot Program.—
\(1\) Establishment.—The Administrator shall establish a
pilot program to assess the viability of acquiring
commercially available data from the lunar and cislunar space
environments and integrating such data into NASA activities
and missions, including—
\(A\) planetary science research;
\(B\) exploration missions; and
\(C\) space traffic coordination in lunar orbit.
\(2\) Publication of standards.—Not later than 60 days after
the date of the enactment of this Act, the Administrator
shall publish in the Federal Register standards and
specifications for data and metadata to be acquired from the
lunar and cislunar space environments under the pilot
program.
\(3\) Contracts and agreements.—
\(A\) Authority.—The Administrator may enter into such
multi-year contracts or agreements as may be necessary to
carry out the pilot program established under this
subsection.
\(B\) Contracts.—
\(i\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator, through an open
and competitive solicitation process, shall enter into 1 or
more contracts or agreements with 1 or more private entities
for the provision of data that meets the standards set forth
under paragraph \(2\) for use in any applicable NASA program or
research effort.
\(ii\) Data-sharing practices.—As part of the contract
negotiation process, the Administrator shall negotiate data-
sharing agreements on a case-by-case basis with each private
entity selected for participation in the pilot program.
\(4\) Report.—Not later than 3 years after the date on which
the Administrator enters into a contract or agreement under
paragraph \(3\), the Administrator shall submit to the
appropriate committees of Congress a report that assesses the
extent to which—
\(A\) the data acquired under the contract or agreement was
leveraged within NASA; and
\(B\) the pilot program has demonstrated the viability of
acquiring and assimilating data collected by private entities
from the lunar and cislunar space environments into NASA
programs and research efforts.
SEC. 314. CREW RESCUE CAPABILITIES.
\(a\) Evaluation.—
\(1\) In general.—To maintain the safe and effective
operation and use of the ISS and future commercial low-Earth-
orbit platforms, not later than 120 days after the date of
the enactment of this Act, the Administrator shall evaluate
existing and evolvable crew rescue capabilities for the
return of astronauts in emergency and non-emergency
scenarios.
\(2\) Elements.—The evaluation required by paragraph \(1\)
shall include a comprehensive assessment of the following:
\(A\) The number of commercial human-rated spacecraft,
available from United States providers, with the capability
to carry out potential crew rescue.
\(B\) The similarities and dissimilarities among such
spacecraft, and the number of astronauts each such spacecraft
can accommodate.
\(C\) The maximum flight cadence and current availability of
crew rescue capabilities for the emergency and non-emergency
return of astronauts.
\(D\) The evolvability of current commercial cargo vehicles
to support emergency and non-emergency return of astronauts
from the ISS and future commercial low-Earth-orbit platforms.
\(3\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
results of the evaluation required by paragraph \(1\).
\(b\) Evolutionary Development of Crew Rescue Capabilities.—
Subject to the availability of appropriations, the
Administrator may contract with United States commercial
crew, cargo, or human-rated spacecraft providers for the
evolutionary development of additional crew rescue
capabilities.
SEC. 315. COMMERCIAL LAUNCH SERVICES.
\(a\) Findings.—Congress finds the following:
\(1\) Launch service providers have a long and reliable
history of working with NASA to successfully deliver civil,
scientific, and exploration payloads into space.
\(2\) NASA's commercial launch service providers have
maintained an extremely safe operational record,
demonstrating high standards of mission assurance and
reliability.
\(3\) Encouraging healthy competition among launch services
providers promotes innovation, affordability, and redundancy.
\(4\) Launch capabilities of varying sizes provide discrete
advantages to NASA, such as access to unique orbits, fast
turnaround, and responsive launch opportunities.
\(5\) Having access to multiple launch services providers can
support the health and viability of the broader domestic
supply chain, including small- and medium-sized aerospace
manufacturers, propulsion suppliers, avionics developers, and
ground systems integrators.
\(6\) United States commercial launch services are helpful to
national competitiveness, workforce development, and economic
prosperity.
\(b\) Policy.—It is the policy of the United States to
enhance American leadership in space by—
\(1\) enabling a competitive United States commercial launch
marketplace capable of delivering NASA payloads;
\(2\) substantially increasing commercial space launch
cadence and novel space activities by 2030; and
\(3\) streamlining Federal Government processes, including
commercial license and permit approvals for United States-
based operators, to facilitate growth in the commercial space
sector.
\(c\) Briefing.—NASA shall provide a briefing to the
appropriate committees of Congress on the Administrator's
plans and strategy for continuing to procure commercial
launch services, including an assessment of the supply chain
and domestic industrial base supporting such services and any
associated risks to cost, schedule, or mission assurance.
SEC. 316. EXECUTING INTERNATIONAL SPACE STATION SCIENCE
MANIFEST.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the ability to accurately measure reflected radiation
and temperature of the Earth, Sun, and Moon system is
critical to understanding the space environment for future
civil, industry, and military uses;
\(2\) the next generation of on-orbit sensors requires
improved accuracy in order to enable inter-calibration
between government and industry satellite sensors;
\(3\) to the maximum extent practicable, NASA should use the
current platform that the ISS provides for low-Earth-orbit
research until the date on which the ISS is decommissioned;
and
\(4\) hardware currently completed, configured, and
manifested for flight to the ISS should be launched and
carried out as planned.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report that provides an
inventory of all completed science hardware that has been
manifested for, but has yet to be launched to, the ISS.
\(c\) Activities.—Subject to the availability of
appropriations, the Administrator shall, to the greatest
extent practicable, launch to the ISS \(or a successor
platform\) the completed scientific hardware that is on the
ISS flight manifest so as to maximize the investment of
United States taxpayers.
SEC. 317. SAFETY STANDARDS FOR CISLUNAR HUMAN SPACEFLIGHT.
Section 50132 of title 51, United States Code, is amended
by adding at the end the following:
“\(c\) Human-rating Requirements.—In procuring services for
the transportation of humans to cislunar space or the lunar
surface, the Administrator shall require that such services
satisfy all applicable Administration human-rating
standards.”.
TITLE IV—SPACE TECHNOLOGY AND STEM EDUCATION
SEC. 401. SPACE TECHNOLOGY MISSION DIRECTORATE.
\(a\) Sense of Congress.—It is the sense of Congress that an
independent Space Technology Mission Directorate is critical
to ensuring continued investment in the development of
technologies for missions across the portfolio of NASA,
including science, aeronautics, and human exploration.
\(b\) Space Technology Mission Directorate.—The
Administrator shall maintain a Space Technology Mission
Directorate consistent with section 702 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 \(51 U.S.C. 20301 note; Public Law 115-10\).
SEC. 402. SMALL BUSINESS INNOVATION RESEARCH AND SMALL
BUSINESS TECHNOLOGY TRANSFER.
\(a\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
following:
\(1\) Active awards made by the Administrator under a Small
Business Innovation Research Program or a Small Business
Technology Transfer Program \(as those terms are defined in
section 9\(e\) of the Small Business Act \(15 U.S.C. 638\(e\)\)\) as
of the date of the enactment of this Act.
\(2\) The manner in which the awards described in paragraph
\(1\) are apportioned to each mission directorate of NASA.
\(b\) SBIR Phase II Flexibility.—Section 9\(cc\) of the Small
Business Act \(15 U.S.C. 638\(cc\)\) is amended by striking “and
the Department of Education” and inserting “the Department
of Education, and the National Aeronautics and Space
Administration”.
SEC. 403. SENSE OF CONGRESS ON CRYOGENIC FLUID VALVE
TECHNOLOGY.
It is the sense of Congress that advancing cryogenic fluid
valve technology would support the Administration's efforts
to improve cryogenic fluid management and improve the
reliability and efficiency of space vehicles.
SEC. 404. SPACE NUCLEAR POWER AND PROPULSION SYSTEMS.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) domestically developed fusion energy technologies have
matured significantly over
the last several years as a result of surging private sector
investment;
\(2\) such technologies could provide a safe, reliable, and
long-duration power source for a range of cislunar, lunar,
and Martian operations, and could offer certain advantages
over fission power systems by mitigating radiation risk,
improving fuel security, and limiting non-proliferation
concerns;
\(3\) advancing nuclear thermal propulsion and nuclear
electric propulsion systems would support the
Administration's efforts to ensure technological readiness
for Moon and Mars missions and other deep space exploration;
and
\(4\) NASA and the Department of Energy have long
collaborated on the development of space nuclear power and
propulsion systems.
\(b\) Activities.—
\(1\) In general.—As a complement to the lunar surface power
program described in section 312, the Administrator shall
continue development and demonstration activities for space
nuclear power and propulsion, in collaboration with other
relevant Federal agencies and with industry.
\(2\) Elements.—The activities described in paragraph \(1\)
shall include the following:
\(A\) An assessment of the potential near-term use cases of
nuclear systems for NASA missions, including commercial lunar
payload services missions for lunar night survival.
\(B\) A roadmap for incorporating commercially developed
nuclear systems into future science and exploration
partnerships and funding opportunities of NASA.
\(C\) The use of previously developed NASA hardware, as
appropriate.
SEC. 405. NATIONAL SPACE GRANT COLLEGE AND FELLOWSHIP
PROGRAM.
\(a\) Amendments.—Title 51, United States Code, is amended—
\(1\) in section 40303, by striking subsections \(d\) and \(e\);
and
\(2\) in section 40304—
\(A\) by striking subsection \(c\) and inserting the following:
“\(c\) Solicitations and Awards.—
“\(1\) Solicitations.—The Administrator may issue a
solicitation to space grant regional consortia for the award
of grants or contracts under this section.
“\(2\) Applications.—A lead institution of a space grant
regional consortium that seeks a grant or contract under this
section shall submit, on behalf of such space grant regional
consortium, an application to the Administrator at such time,
in such manner, and accompanied by such information as the
Administrator may require.
“\(3\) Awards.—The Administrator may award 1 or more multi-
year grants or contracts, disbursed in annual installments,
to the lead institution of a space grant regional consortium
comprised of institutions of any of the following:
“\(A\) 1 or more of the 50 States of the United States.
“\(B\) The District of Columbia.
“\(C\) The Commonwealth of Puerto Rico.”; and
\(B\) by adding at the end the following:
“\(e\) Allocation of Funding.—
“\(1\) Program implementation.—To carry out the purposes
set forth in section 40301, each fiscal year, the
Administrator may allocate the funds appropriated for the
national space grant college and fellowship program for the
fiscal year to each space grant regional consortium awarded a
grant or contract under subsection \(c\)\(3\) in an equal amount.
“\(2\) Program administration.—
“\(A\) In general.—Each fiscal year, of the funds made
available for the national space grant college and fellowship
program, the Administrator shall allocate not more than 10
percent for the administration of the program.
“\(B\) Costs covered.—The funds allocated under
subparagraph \(A\) shall cover all costs of the Administration
associated with the administration of the national space
grant college and fellowship program, including—
“\(i\) direct costs to the program, including costs relating
to support services and civil service salaries and benefits;
“\(ii\) indirect general and administrative costs of centers
and facilities of the Administration; and
“\(iii\) indirect general and administrative costs of
Administration headquarters.”.
\(b\) Analysis and Report.—
\(1\) Analysis.—The Administrator shall make arrangements
for the conduct of a multi-year analysis of the independent
external reviews under development in the national space
grant college and fellowship program established under
section 40303 of title 51, United States Code—
\(A\) to evaluate the program's management, accomplishments,
approach to funding allocation as described in subsection \(e\)
of such section, and responsiveness to the purposes set forth
in section 40301 of such title;
\(B\) to consider the benefits that partnerships with local
education agencies, including those in underserved and rural
areas, may provide; and
\(C\) to propose any statutory updates that may be needed to
implement recommendations of the analysis.
\(2\) Briefing.—Not later than 270 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on the
results of the analysis conducted under paragraph \(1\).
SEC. 406. SKILLED TECHNICAL WORKFORCE EDUCATION OUTREACH.
\(a\) In General.—The Administrator may conduct or support
STEM engagement activities that focus on expanding
opportunities for students to pursue skilled technical
workforce occupations in space and aeronautics, with the
objective of strengthening the United States space and
aeronautics industrial base and ensuring the availability of
a mission-ready workforce to support current and future NASA
programs.
\(b\) Leveraging Existing Programs.—In conducting or
supporting activities under subsection \(a\), the
Administrator—
\(1\) shall leverage, as appropriate, existing NASA
education, workforce, and outreach programs; and
\(2\) may coordinate with or leverage Federal programs,
interagency initiatives, and public-private partnerships,
including the Manufacturing USA Program established under
section 34 of the National Institute of Standards and
Technology Act \(15 U.S.C. 278s\), to address workforce needs
across the domestic space and aeronautics supply chain, as
appropriate.
\(c\) Inclusions.—Activities conducted or supported under
subsection \(a\) may include outreach activities that—
\(1\) engage secondary and post-secondary students, including
students—
\(A\) at institutions of higher education, 2-year colleges,
and high schools; and
\(B\) enrolled in vocational, apprenticeship, or career and
technical education programs;
\(2\) expose students to—
\(A\) careers that require career and technical education,
skills, and training relevant to NASA missions; and
\(B\) the competitiveness and resiliency of the United States
space and aeronautics industrial base;
\(3\) encourage students to pursue high-demand technical
careers supporting spaceflight, aeronautics, science,
research, manufacturing, propulsion, avionics, testing,
materials, operations, and sustainment; and
\(4\) provide students with hands-on learning opportunities
to observe or participate in—
\(A\) the manufacturing, assembly, integration, and testing
of NASA-funded space and aeronautical systems \(consistent
with mission requirements\);
\(B\) workplace safety;
\(C\) mission requirements; and
\(D\) the protection of sensitive or proprietary information.
\(d\) Briefing.—Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on the
following:
\(1\) Activities conducted or supported under this section.
\(2\) Any planned activities to be conducted or supported.
\(3\) The manner in which such activities support the long-
term health, resiliency, and competitiveness of the United
States space and aeronautics industrial base.
\(e\) Definitions.—In this section:
\(1\) Institution of higher education.—The term
“institution of higher education” has the meaning given
that term in section 101\(a\) of the Higher Education Act of
1965 \(20 U.S.C. 1001\(a\)\).
\(2\) Skilled technical workforce.—The term “skilled
technical workforce” has the meaning given that term in
section 4\(b\)\(3\) of the Innovations in Mentoring, Training,
and Apprenticeships Act \(42 U.S.C. 1862p note; Public Law
115-402\).
SEC. 407. ACTIVE ORBITAL DEBRIS REMEDIATION DEMONSTRATION.
\(a\) In General.—Subject to the availability of
appropriations, the Administrator may establish a
demonstration program to make competitive awards for the
research, development, and demonstration of technologies
leading to the active remediation of orbital debris.
\(b\) Purpose.—The program authorized under subsection \(a\)
may enable eligible entities to pursue the phased development
and demonstration of technologies and processes required for
active debris remediation and to mature capabilities
necessary for potential future remediation missions.
\(c\) Prioritization of Orbital Debris.—
\(1\) List.—Not later than 90 days after the date of the
enactment of this Act, the Administrator, in collaboration
with the Secretary of Commerce, and in consultation with
relevant Federal departments and agencies and representatives
of the commercial space industry, academia, and nonprofit
organizations, shall publish a list of selected identified
orbital debris that may be remediated to improve the safety
and sustainability of orbiting satellites and on-orbit
activities.
\(2\) Contents.—The list required under paragraph \(1\)—
\(A\) shall be developed using appropriate sources of data
and information derived from governmental and nongovernmental
sources, including space situational awareness data obtained
by the Office of Space Commerce, to the extent practicable;
\(B\) shall include, to the extent practicable—
\(i\) a description of the approximate age, location in
orbit, size, mass, tumbling state, post-mission passivation
actions taken, and national jurisdiction of all orbital
debris identified; and
\(ii\) data required to inform decisions regarding potential
risk and feasibility of safe remediation;
\(C\) may include orbital debris that poses a significant
risk to terrestrial people and assets, including risks
resulting from potential
environmental impacts from the uncontrolled reentry of the
orbital debris identified; and
\(D\) may include collections of small debris that, as of the
date of the enactment of this Act, are untracked.
\(d\) Demonstration Project Authority.—
\(1\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, subject to the availability of
appropriations, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
establish a demonstration project to make competitive awards
for the research, development, and demonstration of
technologies leading to the remediation of selected orbital
debris identified under subsection \(c\)\(1\).
\(2\) Purpose.—The purpose of the demonstration project
shall be to enable eligible entities to pursue the phased
development and demonstration of technologies and processes
required for active debris remediation.
\(3\) Procedures and criteria.—In establishing the
demonstration project, the Administrator shall—
\(A\) establish—
\(i\) eligibility criteria for participation;
\(ii\) a process for soliciting proposals from eligible
entities;
\(iii\) criteria for the contents of such proposals;
\(iv\) project compliance and evaluation metrics; and
\(v\) project phases and milestones;
\(B\) identify government-furnished data or equipment;
\(C\) develop a plan for NASA participation, as appropriate,
in technology development and intellectual property rights
that—
\(i\) leverages NASA centers that have demonstrated expertise
and historical knowledge in measuring, modeling,
characterizing, and describing the current and future orbital
debris environment; and
\(ii\) develops the technical consensus for adopting
mitigation measures for such participation;
\(D\) assign a project manager to oversee the demonstration
project and carry out project activities under this
subsection; and
\(E\) in assigning such project manager, leverage NASA
centers and the personnel of NASA centers, as practicable.
\(4\) Research and development phase.—With respect to
orbital debris identified under paragraph \(1\) of subsection
\(c\), the Administrator shall, to the extent practicable and
subject to the availability of appropriations, carry out the
additional research and development activities necessary to
mature technologies, in partnership with eligible entities,
with the intent to close commercial capability gaps and
enable potential future remediation missions for such orbital
debris, with a preference for technologies that are capable
of remediating orbital debris with a broad range of
characteristics described in paragraph \(2\) of that
subsection.
\(5\) Demonstration mission phase.—
\(A\) In general.—Subject to the availability of
appropriations, the Administrator shall evaluate proposals
for a demonstration mission and select and enter into a
partnership with an eligible entity with the intent to
demonstrate technologies determined by the Administrator to
meet a level of technology readiness sufficient to carry out
on-orbit remediation of select orbital debris.
\(B\) Evaluation.—In evaluating proposals for the
demonstration project, the Administrator shall—
\(i\) consider the safety, feasibility, cost, benefit, and
maturity of the proposed technology;
\(ii\) consider the potential for the proposed demonstration
to successfully remediate orbital debris and to advance the
commercial state of the art with respect to active debris
remediation;
\(iii\) carry out a risk analysis of the proposed technology
that takes into consideration the potential casualty risk to
humans in space or on the Earth's surface;
\(iv\) in an appropriate setting, conduct thorough testing
and evaluation of the proposed technology and each component
of such technology or system of technologies; and
\(v\) consider the technical and financial feasibility of
using the proposed technology to conduct multiple remediation
missions.
\(C\) Consultation.—The Administrator shall consult with the
head of each relevant Federal department or agency before
carrying out any demonstration mission under this paragraph.
\(D\) Sense of congress on active debris remediation
demonstration mission.—It is the sense of Congress that the
Administrator should consider maximizing competition for, and
use best practices to engage commercial entities in, an
active debris remediation demonstration mission.
\(6\) Briefing and reports.—
\(A\) Initial briefing.—Not later than 30 days after the
establishment of the demonstration project under paragraph
\(1\), the Administrator shall provide the appropriate
committees of Congress with a briefing on the details of the
demonstration project.
\(B\) Annual report.—Not later than 1 year after the initial
briefing under subparagraph \(A\), and annually thereafter
until the conclusion of 1 or more demonstration missions, the
Administrator shall submit to the appropriate committees of
Congress a status report on—
\(i\) the technology developed under the demonstration
project;
\(ii\) progress toward the accomplishment of 1 or more
demonstration missions; and
\(iii\) any duplicative efforts carried out or supported by
NASA or the Department of Defense.
\(C\) Recommendations.—Not later than 1 year after the date
on which the first demonstration mission is carried out under
this subsection, the Administrator, in consultation with the
head of each relevant Federal department or agency, shall
submit to Congress a report that provides legislative,
regulatory, and policy recommendations to improve active
debris remediation missions, as applicable.
\(D\) Technical analysis.—
\(i\) In general.—To inform decisions regarding the
acquisition of active debris remediation services by the
Federal Government, not later than 1 year after the date on
which an award is made under paragraph \(1\), the Administrator
shall submit to Congress a report that—
\(I\) summarizes the cost effectiveness, and provides a
technical analysis of, technologies developed under the
demonstration project;
\(II\) identifies any technology gaps addressed by the
demonstration project and any remaining technology gaps; and
\(III\) provides, as applicable, any further legislative,
regulatory, and policy recommendations to enable active
debris remediation missions.
\(ii\) Availability.—The Administration shall make the
report submitted under clause \(i\) available to the Secretary
of Commerce, the Secretary of Defense, and the head of any
other relevant Federal department or agency, as determined by
the Administrator
\(7\) Sense of congress on international cooperation.—It is
the sense of Congress that, in carrying out the demonstration
project, it is critical that the Administrator, in
coordination with the Secretary of State, cooperate with 1 or
more partner countries to enable the remediation of orbital
debris that is under their respective jurisdictions.
\(e\) Acquisition of Services.—To foster the competitive
development and commercial availability of active debris
remediation services, the Administrator may acquire such
services, whenever practicable, through fair and open
competition using well-defined milestone-based contracts in
accordance with the Federal Acquisition Regulation.
SEC. 408. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE
RESEARCH.
Section 40903 of title 51, United States Code, is amended
by adding at the end the following:
“\(e\) Types of Grants.—In carrying out the program, the
Administrator shall issue the following grant categories to
eligible States:
“\(1\) Research infrastructure development.—Grants to
strengthen research capacity, workforce development, and
institutional competitiveness within EPSCoR jurisdictions,
including support for attendance at NASA EPSCoR focused
Technical Interchange Meetings for eligible States.
“\(2\) Jurisdiction-specific nasa collaborative research.—
Multi-year major collaborative research grants supporting
competitively selected, merit-reviewed projects aligned with
NASA mission directorate priorities and areas of agency
interest.
“\(3\) Special awards.—Grants supporting multi-
jurisdictional research projects, rapid response projects,
flight missions, partnerships with other agency EPSCoR
programs, and other special awards.
“\(f\) Sense of Congress.—It is the sense of Congress
that—
“\(1\) NASA EPSCoR is a research-focused program intended to
build long-term research competitiveness and contribute
substantively to NASA's mission priorities;
“\(2\) the Administrator should maintain a balanced
distribution of funding among the grant categories described
in subsection \(e\) that is consistent with the historical
practice of the program and preserves robust support for both
research infrastructure and mission-relevant collaborative
research;
“\(3\) funding for such grant categories should be
administered in a manner that ensures continuity, stability,
and sustained research capacity in eligible jurisdictions;
“\(4\) the NASA EPSCoR STIMULI report serves as an important
public accounting of research outcomes, mission
contributions, and return on investment from the program, and
should continue to document and showcase the scientific,
technological, and workforce impacts generated through these
awards; and
“\(5\) activities funded under this section should be
coordinated with other NASA and Federal research programs to
avoid unnecessary duplication while preserving the distinct
research capacity-building purpose of NASA EPSCoR.”.
SEC. 409. USE OF SCIENCE, SPACE, AND TECHNOLOGY EDUCATION
TRUST FUND.
\(a\) Science, Space, and Technology Education Trust Fund.—
Beginning on October 1, 2026, the Administrator shall award
as grants to the Challenger Center for Space Science
Education the remaining balance in the Treasury of the United
States of the Science, Space, and Technology Education Trust
Fund.
\(b\) Repeal.—Effective 1 year after the date of the
enactment of this Act, section 40901 of title 51, United
States Code, is repealed.
TITLE V—AERONAUTICS
SEC. 501. HYPERSONIC RESEARCH.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) basic and applied hypersonic research—
\(A\) is critical for enabling the development of advanced
high-speed aeronautical and space systems; and
\(B\) can improve understanding of technical challenges
related to high-speed and reusable vehicle technologies,
including those related to—
\(i\) propulsion;
\(ii\) noise;
\(iii\) advanced materials; and
\(iv\) entry, descent, and landing operations;
\(2\) investments in, and NASA efforts to study, hypersonic
research are critical to sustaining United States global
leadership in space and aeronautics;
\(3\) the Department of Defense should not duplicate, and may
complement, such NASA efforts;
\(4\) NASA hypersonic research tunnels at Neil Armstrong Test
Facility should immediately be refurbished to full non-
vitiated hypersonic capability, in full coordination with the
Department of Defense;
\(5\) the Department of Defense should use NASA capabilities
to the maximum extent practicable so as to avoid duplication
of costly facilities; and
\(6\) efforts to study hypersonic research supported by the
Department of Defense and NASA should be conducted in
partnership with universities and industry, as appropriate.
\(b\) Hypersonic Research.—The Administrator, in
coordination with the Administrator of the Federal Aviation
Administration and the Secretary of Defense, as appropriate,
and in consultation with industry and academia, shall
continue to carry out basic and applied hypersonic research.
\(c\) Roadmap.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Administrator of the Federal Aviation
Administration, the Secretary of Defense, industry, and
academic institutions, shall update the roadmap for
hypersonic research required by section 603 of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 \(Public Law 115-10; 131 Stat. 55\).
\(2\) Considerations.—In updating the roadmap under
paragraph \(1\), the Administrator may consider—
\(A\) advancements in—
\(i\) system-level design, analysis, and validation of
hypersonic aircraft technologies;
\(ii\) propulsion capabilities and technologies;
\(iii\) vehicle technologies, including vehicle flow physics
and vehicle thermal management associated with aerodynamic
heating;
\(iv\) advanced materials, including materials capable of
withstanding high temperatures;
\(v\) demonstrating durable materials;
\(vi\) efforts to apply such materials; and
\(vii\) other areas of hypersonic research as determined
appropriate by the Administrator; and
\(B\) data trends regarding sonic boom overpressures
associated with hypersonic aircraft.
\(d\) Report and Briefing.—Not later than 1 year after the
date of the enactment of this Act, the Administrator shall—
\(1\) submit to the appropriate committees of Congress the
roadmap updated under subsection \(c\); and
\(2\) provide the appropriate committees of Congress with a
briefing on the research carried out under subsection \(b\),
including with respect to the manner in which such research
aligns with such updated roadmap.
SEC. 502. ADVANCED MATERIALS AND MANUFACTURING TECHNOLOGY.
\(a\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the status of
NASA activities relating to subsections \(e\) and \(f\) of
section 10831 of the National Aeronautics and Space
Administration Authorization Act of 2022 \(51 U.S.C. 40102
note; Public Law 117-167\).
\(b\) Update and Briefing.—Not later than 2 years after the
date on which the report required by subsection \(a\) is
submitted, the Administrator shall—
\(1\) submit to the appropriate committees of Congress an
update to the findings contained in such report; and
\(2\) provide the appropriate committees of Congress with a
briefing on such update.
SEC. 503. UNMANNED AIRCRAFT SYSTEMS AND ADVANCED AIR
MOBILITY.
\(a\) In General.—The Administrator shall continue research,
as appropriate and necessary, in collaboration with the
Administrator of the Federal Aviation Administration, the
heads of other relevant Federal agencies, and appropriate
representatives of academia and industry, on unmanned
aircraft systems and advanced air mobility.
\(b\) Definitions.—In this section:
\(1\) Advanced air mobility.—The term “advanced air
mobility” means a transportation system that is composed of
urban air mobility and regional air mobility using manned or
unmanned aircraft.
\(2\) Regional air mobility.—The term “regional air
mobility” means the movement of passengers or property by
air between 2 points using an airworthy aircraft that—
\(A\) has advanced technologies, such as distributed
propulsion, vertical takeoff and landing, powered lift,
nontraditional power systems, or autonomous technologies;
\(B\) has a maximum takeoff weight of greater than 1,320
pounds; and
\(C\) is not urban air mobility.
\(3\) Unmanned aircraft system.—The term “unmanned aircraft
system” has the meaning given that term in section 44801 of
title 49, United States Code.
\(4\) Urban air mobility.—The term “urban air mobility”
means the movement of passengers or property by air between 2
points in different cities or 2 points within the same city
using an airworthy aircraft that—
\(A\) has advanced technologies, such as distributed
propulsion, vertical takeoff and landing, powered lift,
nontraditional power systems, or autonomous technologies; and
\(B\) has a maximum takeoff weight of greater than 1,320
pounds.
SEC. 504. HYDROGEN AVIATION.
\(a\) In General.—Subject to the availability of
appropriations for such purpose, the Administrator may carry
out research on emerging technologies related to hydrogen
aviation.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on ongoing
research carried out under subsection \(a\) that includes the
following:
\(1\) An identification of any agency with which NASA has
partnered on such research.
\(2\) A description of anticipated further actions and
activities related to hydrogen aviation.
SEC. 505. HIGH-PERFORMANCE CHASE AIRCRAFT.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) NASA programs benefit from and rely upon high-
performance chase aircraft for providing research and mission
support; and
\(2\) NASA currently faces maintenance challenges related to
its aging high-performance aircraft fleet, which is resulting
in increased program costs.
\(b\) Briefing.—Not later than 60 days after the date of the
enactment of this Act, and biannually thereafter, the
Administrator shall provide the appropriate committees of
Congress with a briefing on the strategy of NASA relating to
the following:
\(1\) Collaboration with the Department of Defense on efforts
for research and flight asset sharing to support NASA's
research and mission support and pilot training requirements.
\(2\) Efforts to seek aircraft parts and engines to keep
NASA's current fleet of chase aircraft operational, including
potential use of 3D additive manufactured parts.
\(3\) Strategies for acquiring or using through loan,
sharing, or other agreements, as appropriate, Department of
Defense aircraft to support NASA's research and mission
support activities, as required.
SEC. 506. ELECTRIFIED POWERTRAIN FLIGHT DEMONSTRATION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) hybrid-electric powertrain systems and component
technology show great promise for improving the efficiency
and cost effectiveness of next-generation commercial subsonic
aircraft; and
\(2\) NASA, in partnership with commercial industry, has made
significant progress in demonstrating the practical
application of such systems and technology.
\(b\) Continuation.—The Administrator shall—
\(1\) continue the Electrified Powertrain Flight
Demonstration project to mature electrified aircraft
propulsion technologies for commercial aircraft; and
\(2\) ensure that partnerships with industry in effect as of
the date of the enactment of this Act continue through the
successful completion of flight demonstrations under such
project.
SEC. 507. STUDY ON MODERNIZATION OF T-38 FLIGHT TRAINER
AIRCRAFT FLEET.
\(a\) Findings.—Congress finds the following:
\(1\) The NASA astronaut corps has historically relied on the
T-38 flight trainer aircraft to develop and maintain critical
skills in high-performance, high-risk environments.
\(2\) Such high-performance training remains essential as the
United States undertakes increasingly complex and dangerous
deep space exploration missions, including crewed missions to
the Moon and Mars.
\(3\) The T-38 flight trainer aircraft fleet, currently
managed, housed, and maintained at Ellington Field Joint
Reserve Base in Texas, provides essential operational
readiness for astronauts and must continue to be based there
to sustain the proficiency of the astronaut corps.
\(b\) Study Required.—
\(1\) In general.—The Administrator shall conduct a study
evaluating the following:
\(A\) The costs, benefits, and requirements of modernizing or
replacing NASA's T-38 flight trainer aircraft fleet with new
aircraft of similar or superior performance capability.
\(B\) The resources needed and requirements to continue
operating and maintaining the T-38 flight trainer aircraft
fleet in a safe and mission-effective manner.
\(C\) Options for establishing a dedicated NASA maintenance
program for the T-38 flight trainer aircraft fleet at
Ellington Field Joint Reserve Base.
\(D\) The training, operational, and safety implications for
the astronaut corps under each such option.
\(E\) The feasibility and advisability of leveraging other
United States Government advanced flight trainer aircraft
fleets, including with respect to interoperability,
sustainment, common training curricula,
and potential shared logistics or maintenance arrangements
with the Department of Defense trainer programs.
\(2\) Consultation.—In conducting the study required by
paragraph \(1\), the Administrator shall consult with relevant
Department of Defense and commercial aviation experts.
\(c\) Report Required.—Not later than 1 year after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate committees of Congress a report on the
findings of the study required by subsection \(b\), including
recommendations for future action.
\(d\) Continuation of T-38 Fleet.—The Administrator may not
divest, retire, or otherwise reduce the number of T-38 flight
trainer aircraft until the Administrator has—
\(1\) procured and fielded not fewer than 10 high-performance
trainer aircraft of similar or superior capability to the
existing T-38 flight trainer aircraft; and
\(2\) ensured that such high-performance trainer aircraft are
operationally available for astronaut training at Ellington
Field Joint Reserve Base.
SEC. 508. SUBSONIC THIN-WING FLIGHT TECHNOLOGIES.
\(a\) In General.—Section 40112 of title 51, United States
Code, is amended—
\(1\) by redesignating subsections \(b\) through \(g\) as
subsections \(c\) through \(h\), respectively; and
\(2\) by inserting after subsection \(a\) the following:
“\(b\) Thin-wing Flight Technologies.—The Administrator may
establish an initiative to research, develop, integrate, and
test new flight technologies that will enable thin-wing
architecture on subsonic commercial aircraft, including a
ground-based, full-scale wing demonstration and other
advanced technologies necessary to enable the use of thin-
wing technology on subsonic commercial aircraft.”.
\(b\) Conforming Amendments.—Section 10833 of the National
Aeronautics and Space Administration Authorization Act of
2022 \(51 U.S.C. 40112 note; Public Law 117-167\) is amended—
\(1\) in subsections \(b\) and \(c\), by striking “section
40112\(b\) of title 51” each place it appears and inserting
“section 40112\(c\) of title 51”; and
\(2\) in subsections \(c\) and \(d\), by striking “subsection
\(b\) of section 40112” each place it appears and inserting
“subsection \(c\) of section 40112”.
SEC. 509. ADVANCED CAPABILITIES FOR AIRSPACE MANAGEMENT.
\(a\) In General.—The Administrator may continue to conduct
research and development activities under the Advanced
Capabilities for Emergency Response Operations project
managed by the Airspace Operations and Safety Program \(or the
appropriate successor project or projects\) to develop
advanced airspace management technologies.
\(b\) Briefing.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on
ongoing research and development activities related to
improving airspace management in complex environments.
\(2\) Elements.—The briefing required by paragraph \(1\) shall
include the following:
\(A\) An identification of any topic related to improvement
of aerial responses to wildfires that could benefit from
further research.
\(B\) A description of collaboration with other relevant
Federal agencies.
\(C\) A description of any continuing efforts under this
section.
\(D\) A description of the applicability of technologies
developed through the project for the integration of new
airspace entrants.
\(E\) Any other information the Administrator considers
appropriate.
SEC. 510. OPEN-FAN FLIGHT DEMONSTRATION.
Section 40112 of title 51, United States Code, is amended
by adding at the end the following:
“\(h\) Open-fan Technologies.—The Administrator may
establish an initiative to research, develop, integrate, and
test open-fan and advanced propulsion technologies for
narrow-body aircraft.”.
SEC. 511. AUTHORITY WITH RESPECT TO UNMANNED AIRCRAFT SYSTEM
IDENTIFICATION AND DETECTION.
\(a\) In General.—Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the
following:
“Sec. 20150. Detecting, identifying, monitoring, and
tracking unmanned aircraft systems and unmanned aircraft
that threaten certain facilities and assets
“\(a\) In General.—Notwithstanding sections 1030 and 1367
and chapters 119 and 206 of title 18, the Administrator may
take, and may authorize personnel with assigned duties that
include the security or protection of people, facilities, or
assets to take, the actions described in subsection \(b\) that
are necessary to detect, identify, monitor, and track an
unmanned aircraft system or unmanned aircraft that poses a
credible threat \(as defined by the Administrator, in
consultation with the Secretary of Transportation\) to the
safety or security of a covered facility or asset.
“\(b\) Actions Described.—The actions described in this
subsection are limited to such actions to detect, identify,
monitor, or track the unmanned aircraft systems or unmanned
aircraft, without prior consent, including by means of
intercept or other access of a wire communication, an oral
communication, or an electronic communication used to control
the unmanned aircraft system or unmanned aircraft.
“\(c\) Required Coordination.—The Administrator shall
develop the actions described in subsection \(b\) in
coordination with the Administrator of the Federal Aviation
Administration.
“\(d\) Training of Personnel.—The Administrator, in
coordination with the Administrator of the Federal Aviation
Administration, shall provide training on the actions
described in subsection \(b\) to personnel authorized to take
such actions.
“\(e\) Aviation Safety.—In carrying out any activity under
this section, the Administrator shall coordinate with the
Administrator of the Federal Aviation Administration in the
case of any action authorized under this section that might
affect aviation safety, civilian aviation and aerospace
operations, aircraft airworthiness, or the use of the
airspace.
“\(f\) Identification and Assessment of Covered Facilities
or Assets.—
“\(1\) Inventory.—The Administrator shall identify each
covered facility or asset \(as defined in subsection \(o\)\(2\)\).
“\(2\) Risk-based assessment.—The Administrator, in
coordination with the Administrator of the Federal Aviation
Administration, shall conduct a risk-based assessment of each
covered facility or asset identified as defined in subsection
\(o\)\(2\) with respect to the risk that a credible threat by an
unmanned aircraft system or unmanned aircraft poses to the
operation of each such covered facility or asset, that
includes an evaluation of the following:
“\(A\) Threat information specific to each such covered
facility or asset.
“\(B\) Each of the following factors, with respect to
potential impacts on the safety and efficiency of the
national airspace system and law enforcement and national
security needs while carrying out the activities described in
subsection \(b\):
“\(i\) Potential effects to safety, efficiency, or use of
the national airspace system, including potential effects on
a manned aircraft, an unmanned aircraft system or unmanned
aircraft, aviation safety, airport operations,
infrastructure, or air navigation services related to the use
of any system or technology for carrying out the actions
described in subsection \(b\).
“\(ii\) Options for minimizing any identified effect to the
national airspace system related to the use of any system or
technology, including minimizing any effect to civil aviation
or air traffic control systems, for carrying out the actions
described in subsection \(b\).
“\(iii\) Potential consequences of the impacts of any
actions described in subsection \(b\) to the national airspace
system or infrastructure if not detected, identified,
monitored, or tracked.
“\(iv\) The ability to provide reasonable advance notice to
aircraft operators consistent with the safety of the national
airspace system and the needs of law enforcement and national
security.
“\(v\) The setting and character of the covered facility or
asset at issue, including the following:
“\(I\) Whether the covered facility or asset is located in a
populated area or near other structures.
“\(II\) Whether the covered facility or asset is open to the
public.
“\(III\) Whether the covered facility or asset is used for
nongovernmental functions.
“\(IV\) Any potential for interference with wireless
communications or for injury or damage to persons or
property.
“\(vi\) Potential consequences to national security, public
safety, or law enforcement if a credible threat posed by an
unmanned aircraft system or unmanned aircraft to the covered
facility or asset at issue is not detected, identified,
monitored, or tracked.
“\(C\) Distribution.—Not later than 180 days after the date
of the enactment of this section, and annually thereafter,
the Administrator shall distribute to each relevant
department or agency \(including the Department of
Transportation\) and the appropriate committees of Congress,
through appropriate means, a list of facilities and assets
identified as covered facilities or assets.
“\(g\) Technologies.—Technologies used by the
Administration to take actions described in subsection \(b\)
shall be limited to systems or technologies that are included
on a list of authorized technologies maintained jointly by
the Department of Justice, the Department of Homeland
Security, the Department of Defense, the Department of
Transportation, the Federal Communications Commission, the
National Aeronautics and Space Administration, and the
National Telecommunications and Information Administration.
“\(h\) Guidance and Procedures.—The Administrator and the
Administrator of the Federal Aviation Administration—
“\(1\) shall issue guidance, and may prescribe appropriate
procedures as necessary, for the Administrator to carry out
this section; and
“\(2\) in developing such guidance and procedures, shall
consult the Chairman of the Federal Communications
Commission, the Assistant Secretary of Commerce for
Communications and Information, the Secretary of
Transportation, and the head of any other agency determined
appropriate by the Administrator.
“\(i\) Coordination.—
“\(1\) Coordination with federal aviation administration.—
With respect to the development of guidance under subsection
\(f\), the Administrator—
“\(A\) shall coordinate with the Administrator of the
Federal Aviation Administration; and
“\(B\) may coordinate with the heads of other agencies, as
determined relevant by the Administrator.
“\(2\) Effect on aviation safety.—The Administrator shall
coordinate with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration before
issuing any guidance or otherwise implementing this section,
if such guidance or implementation might affect aviation
safety, civilian aviation and aerospace operations, aircraft
airworthiness, or the use of airspace.
“\(j\) Privacy Protection.—The guidance or procedures
issued to carry out an action described in subsection \(b\) by
the Administrator shall ensure the following:
“\(1\) The interception or acquisition of, access to, or
maintenance or use of, any communication to or from an
unmanned aircraft system or unmanned aircraft under this
section is conducted in a manner consistent with the First
and Fourth Amendments to the Constitution of the United
States and any applicable provisions of Federal law.
“\(2\) Any communication to or from an unmanned aircraft
system or an unmanned aircraft is intercepted or acquired
only to the extent necessary to support an action described
in subsection \(b\).
“\(3\) Any record of such communication is maintained only
for as long as necessary, and in no event for more than 180
days, unless the Administrator, in consultation with the
Attorney General, determines that maintenance of such records
is necessary to investigate or prosecute a violation of law
or to directly support an ongoing security operation.
“\(4\) Such communications are not disclosed to any person
not employed or contracted by the Administration for the
purposes of carrying out this section unless the disclosure—
“\(A\) is necessary to investigate or prosecute a violation
of law, including by the Department of Defense or a Federal
law enforcement agency;
“\(B\) would support the enforcement activities of a
regulatory agency of the Federal Government in connection
with a criminal or civil investigation of, or any regulatory,
statutory, or other enforcement action relating to, an action
described in subsection \(b\); or
“\(C\) is otherwise required by law.
“\(k\) Semiannual Briefings and Notifications.—
“\(1\) In general.—On a semiannual basis beginning 6 months
after the date of the enactment of this section, the
Administrator shall provide a briefing to the appropriate
committees of Congress on the activities carried out pursuant
to this section.
“\(2\) Content.—Each briefing required under paragraph \(1\)
shall include the following:
“\(A\) Information relating to policies, programs, and
procedures to minimize or eliminate impacts of the actions
carried out pursuant to subsection \(b\) to the national
airspace system.
“\(B\) A description of the following:
“\(i\) Each instance that an action described in subsection
\(b\) was taken, including any such instance that may have
resulted in harm, damage, or loss to a person or to private
property.
“\(ii\) The guidance, policies, or procedures established by
the Administrator to address privacy, civil rights, and civil
liberties issues implicated by the actions permitted under
subsection \(b\), as well as any changes or subsequent efforts
by the Administrator that would significantly affect privacy,
civil rights, or civil liberties.
“\(iii\) Options considered and steps taken by the
Administrator to minimize any identified impacts to the
national airspace system related to the use of any system or
technology, including minimizing any effects to civil
aviation or air traffic control systems, for carrying out the
actions described in subsection \(b\).
“\(iv\) Such consultation conducted by the Administrator
with other agencies with respect to each action described
under clauses \(ii\) and \(iii\).
“\(v\) Each instance in which a communication intercepted or
acquired as a result of an action described in subsection \(b\)
taken during operations of an unmanned aircraft system or
unmanned aircraft was—
“\(I\) held in the possession of the Administration for more
than 180 days; or
“\(II\) shared with any entity other than the
Administration.
“\(C\) An explanation of how the Administrator—
“\(i\) informed the public with respect to the possible use
of authorities granted under this section; and
“\(ii\) engaged with Federal, State, local, Tribal, and
territorial law enforcement agencies to implement and use
such authorities.
“\(D\) An assessment of whether any gaps or insufficiencies
in laws, regulations, or policies impede the ability of the
Administration to detect, identify, monitor, or track the
credible threat posed by malicious, inappropriate, or
unauthorized use of an unmanned aircraft system or unmanned
aircraft to the safety or security of a covered facility or
asset.
“\(E\) Recommendations to remedy any such gaps or
insufficiencies, including recommendations relating to the
potential need for changes in laws, regulations, or policies,
as appropriate.
“\(3\) Unclassified form.—Each briefing required under
paragraph \(1\) shall be unclassified but may be accompanied by
an additional classified briefing.
“\(l\) Scope of Authority.—This section may not be
interpreted to provide the Administrator with any additional
authority other than the authorities described in subsections
\(a\) and \(f\).
“\(m\) Termination.—This section shall cease to have effect
on September 30, 2031.
“\(n\) Rule of Construction.—Nothing in this section may be
construed—
“\(1\) to vest in the Administrator any authority of the
head of any other Federal agency;
“\(2\) to vest in the head of any other Federal agency any
authority of the Administrator; or
“\(3\) to modify the spectrum management authorities of the
Assistant Secretary of Commerce for Communications and
Information under the National Telecommunications and
Information Administration Organization Act \(47 U.S.C. 901 et
seq.\).
“\(o\) Definitions.—In this section:
“\(1\) Appropriate committees of congress.—The term
\`appropriate committees of Congress' means—
“\(A\) the Committee on Commerce, Science, and
Transportation of the Senate; and
“\(B\) the Committee on Transportation and Infrastructure
and the Committee on Science, Space, and Technology of the
House of Representatives.
“\(2\) Covered facility or asset.—The term \`covered
facility or asset' means a facility or asset of the
Administration that—
“\(A\) is a NASA center; or
“\(B\) is located within the property of the National
Aeronautics and Space Administration.
“\(3\) Electronic communication; intercept; oral
communication; wire communication.—The terms \`electronic
communication', \`intercept', \`oral communication', and \`wire
communication' have the meanings given those terms in section
2510 of title 18.
“\(4\) Intelligence community.—The term \`intelligence
community' has the meaning given the term in section 3 of the
National Security Act of 1947 \(50 U.S.C. 3003\).
“\(5\) Personnel.—
“\(A\) In general.—The term \`personnel' means an officer,
employee, or contractor of the Administration authorized to
perform duties that include safety, security, or protection
of people, facilities, or assets.
“\(B\) Use of authority.—To qualify for use of the
authority under subsection \(a\), a contractor conducting
operations under such subsection shall satisfy the following:
“\(i\) Be directly contracted by the Administration.
“\(ii\) Be assigned to law enforcement duties within the
Office of Protective Services of the Administration.
“\(iii\) Operate at a Government-owned or Government-leased
facility.
“\(iv\) Not conduct inherently governmental functions.
“\(v\) Be trained and certified by the Administration to
meet the established guidance and regulations of the
Administration.
“\(vi\) Be subject to the penalties specified in section 799
of title 18.
“\(6\) Unmanned aircraft; unmanned aircraft system.—The
terms \`unmanned aircraft' and \`unmanned aircraft system' have
the meanings given those terms in section 44801 of title
49.”.
\(b\) Clerical Amendment.—The table of contents for chapter
201 of title 51, United States Code, is amended by inserting
after the item relating to section 20149 the following new
item:
20150. Detecting, identifying, monitoring, and tracking unmanned
aircraft systems and unmanned aircraft that threaten
certain facilities and assets.
TITLE VI—SCIENCE
SEC. 601. MAINTENANCE OF BALANCED SCIENCE PORTFOLIO.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) a balanced and adequately funded set of activities
consisting of research and analysis grant programs,
technology development, suborbital research activities, and
small, medium, and large space missions, contributes to a
robust and productive science program and serves as a
catalyst for innovation and discovery; and
\(2\) the Administrator should set science priorities by
considering the recommendations and guidance provided by the
scientific community through the National Academies of
Sciences, Engineering, and Medicine decadal surveys.
\(b\) Policy Reaffirmation.—Congress reaffirms the policy of
the United States set forth in section 501\(c\) of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 \(51 U.S.C. 20302 note; Public Law 115-10\), which
states, “It is the policy of the United States to ensure, to
the extent practicable, a steady cadence of large, medium,
and small science missions.”.
SEC. 602. IMPLEMENTATION OF SCIENCE MISSION COST CAPS.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) NASA science missions address compelling scientific
questions prioritized by the
National Academies of Sciences, Engineering, and Medicine
decadal surveys, and often such missions exceed expectations
in terms of performance, longevity, and scientific impact;
\(2\) the Administrator should continue to pursue an
ambitious science program while also seeking to avoid
excessive cost growth that has the potential to affect the
balance across the Science Mission Directorate portfolio and
within the science missions of NASA;
\(3\) audit reports by the Inspector General of NASA and the
Government Accountability Office have revealed that—
\(A\) early cost estimates for missions in the preliminary
phases of conception and development are unreliable; and
\(B\) the cost of a mission typically is not well understood
until the project is further along in the development
process;
\(4\) cost growth of a mission beyond its early cost
estimates is a challenge for budget planning and has the
potential to affect other missions in the Science Mission
Directorate portfolio, including through delays to future
mission solicitations; and
\(5\) relying on early cost estimates made prior to
preliminary design review for science missions that later
experience cost growth may disincentivize program and cost
discipline moving forward.
\(b\) Requirement.—To the extent practicable, the
Administrator shall ensure that, unless overwhelmingly
necessary to do otherwise, NASA—
\(1\) minimizes changes to requirements, capabilities, and
mission objectives under fixed-price contracts with
commercial providers; and
\(2\) otherwise adheres to the requirements, capabilities,
and mission objectives of such contracts.
\(c\) Report.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report on NASA practices related to the
establishment of and compliance with cost caps of
competitively selected, principal investigator-led science
missions.
\(2\) Elements.—The report required by paragraph \(1\) shall
include the following:
\(A\) An assessment of current cost cap values and a
determination as to whether existing cost cap amounts are
appropriate for different classes of missions.
\(B\) Consideration of the effectiveness of cost caps in
maintaining a varied and balanced portfolio of mission types
within the Science Mission Directorate.
\(C\) A description of the information relating to project
cost estimates and proposal compliance with cost caps that
NASA requires for proposal submissions, and an assessment as
to whether such information provides sufficient insight or
confidence in cost estimates.
\(D\) Consideration of NASA processes for assessing proposed
cost estimates and an evaluation of the accuracy of such
assessments for past competitively selected, principal
investigator-led science missions.
\(E\) For the period beginning on January 1, 2000, and ending
on the date of the enactment of this Act—
\(i\) a list of competitively selected, principal
investigator-led science missions for which costs have
exceeded the associated cost cap, including the reason the
mission costs exceeded the cost cap;
\(ii\) an assessment of NASA's role in predicting,
preventing, or managing competitively selected, principal
investigator-led science mission cost increases; and
\(iii\) a description of the impact of increased
competitively selected, principal investigator-led science
mission costs beyond the cost caps on—
\(I\) the missions for which the cost cap has been exceeded;
and
\(II\) other missions within the applicable division and
within the Science Mission Directorate.
SEC. 603. MODIFICATION OF NATIONAL ACADEMIES DECADAL SURVEYS.
Section 20305 of title 51, United States Code, is amended—
\(1\) in subsection \(a\), by striking “The Administrator
shall enter into agreements on a periodic basis” and
inserting “Not less frequently than every 10 years, the
Administrator shall enter into agreements”;
\(2\) in subsection \(c\), by inserting “, significant changes
to the budget of NASA,” after “cost growth”; and
\(3\) by adding at the end the following:
“\(d\) Mid-decadal Reviews.—
“\(1\) In general.—Not later than 5 years after the date on
which each decadal survey report under this section is
issued, the Administrator shall enter into an agreement with
the National Academies to conduct a mid-decadal review.
“\(2\) Elements.—Each review required by paragraph \(1\)
shall assess the following:
“\(A\) The effectiveness of the manner in which the programs
of NASA address the strategies, goals, and priorities
outlined in the most recent decadal survey and other relevant
National Academies reports.
“\(B\) The progress made by NASA toward realizing such
strategies, goals, and priorities, including consideration of
significant scientific discoveries, technical advances, and
relevant programmatic changes since the date on which the
decadal survey was published.”.
SEC. 604. REPORT ON LANDSAT MISSION.
\(a\) Findings.—Congress makes the following findings:
\(1\) Since 1972, the Landsat mission has served as the
definitive data reference network that continuously informs
how landscapes and associated natural resources are changing
at local, regional, and global scales.
\(2\) Continuation of the Landsat mission will not only
ensure the continuity of the longest space-based record of
Earth's land surface but will also fundamentally transform
the breadth and depth of actionable data and information
through significantly enhanced temporal, spatial, and
spectral resolution.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report describing—
\(1\) efforts made by the Administrator to comply with
section 60134 of title 51, United States Code;
\(2\) aspects of Landsat observations that could be provided
by private sector data buys or service procurements; and
\(3\) aspects of Landsat observations that could—
\(A\) meet associated science and technical requirements
while maintaining or exceeding the quality, integrity, and
continuity of Landsat observational capabilities and
performance as of the date of the enactment of this Act,
including the requirements necessary to ensure high-quality
calibrated data continuity and traceability with the 50-year
Landsat data record; and
\(B\) comply with nondiscriminatory availability of
unenhanced data and public archiving of data pursuant to
section 60141 and 60142 of title 51, United States Code, and
all other relevant Federal laws, regulations, and policies
related to open science and data accessibility;
\(4\) any potential tradeoffs or other impacts of the
requirements described in paragraph \(3\) that could reduce the
benefit of Landsat data for scientific and applied uses or
reduce the Federal Government's ability to make such data
available for the widest possible use; and
\(5\) recommendations with respect to opportunities for the
Federal Government to mitigate potential tradeoffs or impacts
identified under paragraph \(4\) or to otherwise facilitate
private sector data buys or service procurements.
SEC. 605. COMMERCIAL SATELLITE DATA.
\(a\) Findings.—Congress makes the following findings:
\(1\) Section 60501 of title 51, United States Code, states
that the goal for the Earth Science program of NASA shall be
to pursue a program of Earth observations, research, and
applications activities to better understand the Earth, how
it supports life, and how human activities affect its ability
to do so in the future.
\(2\) Section 50115 of title 51, United States Code, states
that the Administrator shall, to the extent possible and
while satisfying the scientific or educational requirements
of NASA, and where appropriate, of other Federal agencies and
scientific researchers, acquire, where cost effective, space-
based and airborne commercial Earth remote sensing data,
services, distribution, and applications from a commercial
provider.
\(3\) After the completion of the Private-Sector Small
Constellation Satellite Data Product Pilot launch in 2017,
the Administrator established the Commercial SmallSat Data
Acquisition Pilot Program in 2019 to identify, evaluate,
validate, and acquire from commercial sources data that
support the Earth science research and application goals.
\(4\) The Administrator has—
\(A\) determined that the pilot program described in
paragraph \(3\) has been a success, as described in the final
evaluation entitled “Commercial SmallSat Data Acquisition
Program Pilot Evaluation Report” issued in 2020;
\(B\) established a formal process for evaluating and
onboarding new commercial vendors in such pilot program;
\(C\) increased the number of commercial vendors and
commercial data products available through such pilot
program; and
\(D\) expanded procurement arrangements with commercial
vendors to broaden user access to provide Earth remote
sensing data and imagery to federally funded researchers.
\(b\) Commercial Satellite Data Acquisition Program.—
\(1\) In general.—Chapter 603 of title 51, United States
Code, is amended by adding at the end the following:
“Sec. 60307. Commercial Satellite Data Acquisition Program
“\(a\) In General.—The Administrator shall establish within
the Earth Science Division of the Science Mission Directorate
a program, to be known as the \`Commercial Satellite Data
Acquisition Program', to cost-effectively acquire and
disseminate commercial Earth observation data and imagery in
order to complement the scientific, operational, and
educational requirements of the Administration, and where
appropriate, of other Federal agencies and scientific
researchers.
“\(b\) Data Publication and Accessibility.—The terms and
conditions of commercial Earth remote sensing data and
imagery acquisitions under the program described in
subsection \(a\) shall not prevent—
“\(1\) the publication of commercial data or imagery in
academic or scientific articles, papers, or other similar
publications for scientific purposes; or
“\(2\) the publication, in academic or scientific articles,
papers, or other similar publications, of information that is
derived from, incorporates, or enhances the original
commercial data or imagery of a vendor.
“\(c\) Authorization.—
“\(1\) In general.—In carrying out the program under this
section, the Administrator may—
“\(A\) procure commercial Earth remote sensing data and
imagery from commercial vendors to advance scientific
research and applications for the purpose set forth in
subsection \(a\); and
“\(B\) establish or modify end-use license terms and
conditions to allow for the widest possible use of procured
commercial Earth remote sensing data and imagery by
individuals other than NASA-funded users, consistent with the
goals of the program.
“\(2\) Acquisition from united states vendors.—The
commercial Earth remote sensing data and imagery procured
under this subsection shall be procured, to the maximum
extent practicable, from United States vendors.
“\(d\) Report.—Not later than 180 days after the date of
the enactment of this section, and annually thereafter, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a report that includes the following:
“\(1\)\(A\) In the case of the initial report, a list of all
vendors that are providing commercial Earth remote sensing
data and imagery to NASA as of the date of the report.
“\(B\) For each subsequent report, a list of all vendors
that have provided commercial Earth remote sensing data and
imagery to NASA during the reporting period.
“\(2\) A description of the end-use license terms and
conditions for each such vendor.
“\(3\) A description of the manner in which each such vendor
is advancing scientific research and applications, including
priorities recommended by the National Academies of Sciences,
Engineering, and Medicine decadal surveys.
“\(4\) Information specifying whether the Administrator has
entered into an agreement with a commercial vendor or a
Federal agency that permits the use of data and imagery by
Federal Government employees, contractors, or non-Federal
users.
“\(e\) Definition of United States Vendor.—In this section,
the term \`United States vendor' means a commercial or
nonprofit entity incorporated in the United States.”.
\(2\) Clerical amendment.—The table of contents for chapter
603 of title 51, United States Code, is amended by adding at
the end the following new item:
“60307. Commercial Satellite Data Acquisition Program.”.
SEC. 606. PLANETARY SCIENCE PORTFOLIO.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) planetary science missions advance the scientific
understanding of the solar system and the place of humans in
it while also advancing the design and operation of
spacecraft and robotic engineering;
\(2\) multiple countries, including countries that are
partners of the United States and countries that are
competitors of the United States, have set forth plans,
allocated commensurate budgets, and performed precursor
activities to enable ambitious planetary science missions
across the solar system during the next decade;
\(3\) the Discovery, New Frontiers, and Flagship missions
allow the Administration to carry out a range of missions
that vary in size, cost, and complexity; and
\(4\) maintaining balance among such missions allows for a
broad scope of discoveries and scientific advances.
\(b\) Mission Priorities Reaffirmation.—Congress reaffirms
the direction in section 502\(b\)\(1\) of the National
Aeronautics and Space Administration Transition Authorization
Act of 2017 \(51 U.S.C. 20301 note; Public Law 115-10\) that—
\(1\) in accordance with the priorities established in the
Planetary Science and Astrobiology Decadal Survey 2023-2032
of the National Academies of Sciences, Engineering, and
Medicine, the Administrator shall ensure, to the greatest
extent practicable, the completion of a balanced set of
Discovery, New Frontiers, and Flagship missions at the
cadence recommended in such decadal survey; and
\(2\) consistent with the missions described in paragraph
\(1\), and while maintaining the continuity of scientific data
and steady development of capabilities and technologies, the
Administrator may seek, if necessary, adjustments to mission
priorities, schedule, and scope in light of changing budget
projections.
SEC. 607. PLANETARY DEFENSE.
\(a\) Near-Earth Object Survey and Policy.—Section 808 of
the National Aeronautics and Space Administration
Authorization Act of 2010 \(42 U.S.C. 18387\), is amended in
subsection \(b\) by striking “shall implement, before
September 30, 2012,” and inserting “, in coordination with
the Administrator, shall maintain and regularly update”.
\(b\) Policy on Near-Earth Objects and Responsible Federal
Agency.—Section 71103 of title 51, United States Code, is
amended to read as follows:
“Sec. 71103. Policy on near-Earth objects and responsible
Federal agency
“The Director of the Office of Science and Technology
Policy, in coordination with the Administrator, shall—
“\(a\) maintain and regularly update a policy for notifying
Federal agencies and relevant emergency response institutions
of an impending near-Earth object threat, if near-term public
safety is at risk; and
“\(b\) provide recommendations for a Federal agency or
agencies to be responsible for—
“\(1\) protecting the United States from a near-Earth object
that is expected to collide with Earth; and
“\(2\) implementing a deflection campaign, in consultation
with international bodies, should one be necessary.”.
\(c\) Planetary Defense Coordination Office.—Chapter 711 of
title 51, United States Code, is amended by adding at the end
the following:
“Sec. 71105. Planetary Defense Coordination Office
“\(a\) Office.—The Administrator shall maintain an office
within the Planetary Science Division of the Science Mission
Directorate, to be known as the \`Planetary Defense
Coordination Office', as required by section 10825 of the
National Aeronautics and Space Administration Authorization
Act of 2022 \(51 U.S.C. 71101 note; Public Law 117-167\).
“\(b\) Responsibilities.—Consistent with section 10825 of
the National Aeronautics and Space Administration
Authorization Act of 2022 \(51 U.S.C. 71101 note; Public Law
117-167\), the Planetary Defense Coordination Office under
subsection \(a\) shall—
“\(1\) plan, develop, and implement a Near-Earth Object
Surveyor and associated data modeling and analysis program to
survey threats posed by near-Earth objects equal to or
greater than 140 meters in diameter, as required by section
321\(d\)\(1\) of the National Aeronautics and Space
Administration Authorization Act of 2005 \(51 U.S.C. 71101
note prec.; Public Law 109-155\);
“\(2\) identify, track, and characterize potentially
hazardous near-Earth objects, issue warnings on the effects
of potential impacts of such objects, and investigate
strategies and technologies for mitigating the potential
impacts of such objects; and
“\(3\) assist in coordinating Government planning for a
response to a potential impact of a near-Earth object.”.
\(d\) Conforming Amendment.—The table of contents for
chapter 711 of title 51, United States Code, is amended—
\(1\) by striking the item relating to section 71103 and
inserting the following:
“71103. Policy on near-Earth objects and responsible Federal
agency.”;
and
\(2\) by adding at the end the following:
“71105. Planetary Defense Coordination Office.”.
SEC. 608. LUNAR DISCOVERY AND EXPLORATION PROGRAM.
\(a\) In General.—The Administrator may carry out, within
the Science Mission Directorate, a program to accomplish
science objectives for the Moon, with an organizational
structure that aligns responsibility, authority, and
accountability, as recommended in the Planetary Science and
Astrobiology Decadal Survey 2023-2032 of the National
Academies of Sciences, Engineering, and Medicine.
\(b\) Objectives and Requirements.—In carrying out the
program under subsection \(a\), the Administrator shall set
forth the following:
\(1\) High-priority lunar science objectives, informed by
decadal and other scientific consensus recommendations.
\(2\) Related requirements for an integrated Artemis science
strategy for human and robotic missions to the Moon that—
\(A\) encourages industry, academia, and international
participation; and
\(B\) considers opportunities for Artemis Accords signatories
to participate in the overall lunar science program of the
United States.
\(c\) Instrumentation.—The program under subsection \(a\)
shall assess the need for and facilitate the development of
instrumentation to support the scientific exploration of the
Moon.
SEC. 609. PLAN FOR PLANETARY AND LUNAR OPERATIONS.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) existing NASA lunar and Martian orbital missions, and
other long-duration science observatories, are operating well
beyond their planned mission lifespans;
\(2\) NASA relies on such aging infrastructure for
observations, communications relay, and other operations to
support critical NASA missions; and
\(3\) the United States plans to increase its activities on
and around both the Moon and Mars in coming years.
\(b\) Plan.—
\(1\) In general.—The Administrator shall develop a plan to
ensure the continuity of operations and sufficient
observational and operational capabilities on and around the
Moon and Mars necessary to continue to enable a robust
science program and human exploration program for the Moon
and Mars well into the future.
\(2\) Element.—The plan required by paragraph \(1\) shall take
into consideration opportunities for the Administration to
engage private and international partners in future
operations, with consideration given to relevant past
performance commensurate with the complexity of each
endeavor.
\(c\) Annual Briefing.—
\(1\) In general.—Not later than 90 days after the beginning
of each fiscal year, the Administrator shall provide the
appropriate committees of Congress with a briefing on aging
and extended NASA planetary, lunar, and space science
programs and missions, including flagship observatories such
as the Hubble Space Telescope and the Chandra X-ray
Observatory.
\(2\) Elements.—Each briefing required by paragraph \(1\)
shall address—
\(A\) each planetary, lunar, or space science program or
mission with an anticipated end-of-operational or end-of-
useful lifespan during the 2-year period after the date on
which the briefing is provided;
\(B\) each such program or mission that has continued
operations beyond its originally approved baseline lifespan;
and
\(C\) a detailed plan for—
\(i\) decommissioning;
\(ii\) servicing each such program to extend its lifespan; or
\(iii\) establishing a new program to continue the objectives
of such program or mission.
SEC. 610. RESTRUCTURING OF MARS SAMPLE RETURN PROGRAM.
\(a\) Termination of Existing Program.—Not later than 30
days after the date of the enactment of this Act, the
Administrator shall terminate the Mars Sample Return program
in effect on such date of enactment, including all related
contracts, task orders, and project structures associated
with such program that are in place on such date.
\(b\) Establishment of New Mars Sample Return Program.—
\(1\) In general.—The Administrator shall establish within
the Science Mission Directorate a new Mars Sample Return
program \(referred to in this section as the “Program”\) for
the purpose of returning scientifically curated samples from
Mars to Earth.
\(2\) Requirements.—The Program shall—
\(A\) be limited to a total life-cycle cost not to exceed
$8,000,000,000;
\(B\) use contract structures for the development and
delivery of flight systems and associated mission elements
that are most likely to lead to the lowest total life-cycle
cost;
\(C\) to the extent practicable, leverage existing flight-
proven technologies and heritage systems, such as radar,
spectroscopy, power, entry, and descent and landing systems
so as to reduce cost, risk, and schedule;
\(D\) provide for the safe return of samples from Mars to
Earth, appropriate screening for purposes of planetary
protection, and delivery to the Johnson Space Center, which
shall be responsible for the long-term curation, scientific
access, and United States ownership of all returned
materials; and
\(E\) allow for the participation of international partners
only if such participation—
\(i\) does not unduly increase the overall cost of, or risk
associated with, the program;
\(ii\) is consistent with the cost limitation under
subparagraph \(A\); and
\(iii\) preserves United States leadership and custodianship
of returned samples.
\(3\) Management.—
\(A\) In general.—The Program shall be led and managed by
the Science Mission Directorate, in coordination with and
with the support of the Exploration Systems Development
Mission Directorate to ensure the alignment of the Program
with relevant launch, propulsion, and Earth entry
technologies.
\(B\) Plan.—
\(i\) In general.—Not later than 120 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a comprehensive
management plan for the Program.
\(ii\) Elements.—The plan required by clause \(i\) shall
include the following:
\(I\) A statement of program objectives and a description of
the manner in which such objectives align with priorities set
forth in the National Academies decadal surveys.
\(II\) A technical and acquisition strategy that includes—
\(aa\) the intended contracting structure for each major
contract or subcontract, and a justification for such
structure;
\(bb\) a schedule of major program milestones; and
\(cc\) a plan to leverage existing and proven flight systems.
\(III\) A life-cycle cost estimate and funding profile that
is consistent with the cost limitation under paragraph
\(2\)\(A\).
\(IV\) An integrated master schedule.
\(V\) A risk management strategy, including mitigation
approaches for international coordination, Earth reentry, and
planetary protection.
\(VI\) A governance structure detailing the roles of relevant
NASA directorates and partner institutions.
\(VII\) A plan for science integration and sample science
objectives, including coordination with international
scientific communities, as appropriate.
\(VIII\) A requirement for the provision of a quarterly
briefing to the appropriate committees of Congress on program
status.
\(c\) Preservation of Mars Telecommunications Orbiter
Program.—
\(1\) In general.—The Administrator shall ensure that the
development of the Mars Telecommunications Orbiter remains
independent from the restructuring and implementation of the
Mars Sample Return program.
\(2\) Rule of construction.—Nothing in this section may be
construed to modify, delay, or otherwise affect the planning,
funding, development, or schedule of the Mars
Telecommunications Orbiter program.
SEC. 611. HELIOPHYSICS RESEARCH.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) NASA heliophysics research advances the scientific
understanding of the Sun, the impact of the Sun on the Earth
and near-Earth environment, and the interactions of the Sun
with other bodies in the solar system, the interplanetary
medium, and the interstellar medium;
\(2\) fundamental science supported by the Heliophysics
Division is critical to improving the forecasting
capabilities of space weather observations, which contribute
to—
\(A\) fortifying national security and other critically
important space-based and ground-based assets;
\(B\) improving the resilience of the energy infrastructure
of the United States; and
\(C\) protecting human health in space; and
\(3\) the Heliophysics Division should continue to maximize
the scientific return on investment of its portfolio through
maintaining a balanced portfolio that includes research and
analysis, including multidisciplinary research initiatives,
technology development, space-based missions, and suborbital
flight projects that include both directed and strategic
missions and principal investigator-led, competitively
solicited missions, informed by the science priorities and
guidance of the most recent National Academies decadal survey
in solar and space physics.
\(b\) Program Management.—The Administrator shall seek—
\(1\) to maintain a regular Explorer Announcement of
Opportunity cadence and to alternate between small and mid-
sized missions; and
\(2\) to enable a regular selection of Missions of
Opportunity.
SEC. 612. REPORT ON GEOSPACE DYNAMICS CONSTELLATION MISSION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the Geospace Dynamics Constellation mission may enable
scientific discoveries that will transform the understanding
of the processes that govern the dynamics of the upper
atmospheric envelope of the Earth, which surrounds and
protects the planet;
\(2\) seeking commercial partnerships to provide the
technology to understand the phenomena and use the scientific
knowledge gained by such mission may assist in identifying
solutions that may benefit United States industry and the
people of the United States; and
\(3\) the scientific return of the Geospace Dynamics
Constellation will be enhanced by simultaneous observations
from the satellites that comprise the Dynamical Neutral
Atmosphere-Ionosphere Coupling mission.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a report on the schedule
and budget to launch the Geospace Dynamics Constellation
mission by 2030 in order to fulfill the recommendations of
the National Academies heliophysics decadal survey.
SEC. 613. SENSE OF CONGRESS ON NANCY GRACE ROMAN SPACE
TELESCOPE.
It is the sense of Congress that—
\(1\) the Nancy Grace Roman Space Telescope team has done an
exemplary job in executing its mission within cost and
schedule parameters; and
\(2\) the Administrator shall continue development of the
Nancy Grace Roman Space Telescope under section 10823\(b\) of
the National Aeronautics and Space Administration
Authorization Act of 2022 \(Public Law 117-167; 136 Stat.
1742\).
SEC. 614. PLAN FOR APOPHIS SCIENCE MISSION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the close approach of the asteroid Apophis in April
2029 will present an opportunity to acquire unique scientific
and technical data; and
\(2\) acquiring data about Apophis is critical to improving
the planetary defense capabilities of the United States.
\(b\) Plan.—Not later than 90 days after the date of the
enactment of this Act, the Administrator shall submit to the
appropriate committees of Congress a plan for gathering
science data from the asteroid Apophis, including—
\(1\) efforts to collaborate, coordinate, or otherwise
support efforts by Federal, industry, and international
partners that are or will be studying Apophis; and
\(2\) a strategy to use infrastructure already in space to
carry out rendezvous missions with Apophis.
SEC. 615. PLAN TO LAUNCH VOLATILES INVESTIGATING POLAR
EXPLORATION ROVER.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the Volatiles Investigating Polar Exploration Rover
mission was designed to map the distribution and
concentration of water ice and other lunar volatiles at the
south pole of the Moon to help determine the manner in which
lunar resources may be used for future human space
exploration;
\(2\) the People's Republic of China plans to launch its
Chang'e 7 mission in 2026, which is also designed to map
resources at the south pole of the Moon; and
\(3\) collection of lunar volatile data at the south pole of
the Moon is essential for continued United States leadership
in cislunar space.
\(b\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall submit to
the appropriate committees of Congress a plan for launching
the Volatiles Investigating Polar Exploration Rover not later
than December 31, 2027.
SEC. 616. DEDICATED SCIENCE RIDESHARE PILOT PROGRAM.
\(a\) Establishment.—The Administrator shall establish a
rideshare pilot program to purchase dedicated launch or
reentry services for the transport of multiple NASA
instruments and other science and technology instruments
funded by other Federal agencies.
\(b\) Announcement of Opportunity.—As part of the pilot
program required by subsection \(a\), the Administrator shall—
\(1\) regularly fund the development of payloads for
scientific research and technology development; and
\(2\) provide flight opportunities for such payloads to
orbital environments on dedicated rideshare missions.
SEC. 617. CONTINUATION OF CHANDRA X-RAY OBSERVATORY.
The Administrator, to the extent practicable, shall not
take any action to reduce or otherwise preclude the
continuation of the science operations of the Chandra X-ray
Telescope before the completion and consideration of the next
triennial review of mission extensions for the Astrophysics
Division conducted pursuant to section 30504 of title 51,
United States Code.
SEC. 618. GREAT OBSERVATORIES MISSION AND TECHNOLOGY
MATURATION PROJECT.
\(a\) Establishment.—The Administrator may establish a Great
Observatories Mission and Technology Maturation project
\(referred to in this section as a “Project”\) to mature the
large-scale space-based mission concepts and technologies
needed for a future astrophysics mission, which shall be
based on the recommendations of the most recent decadal
survey of the National Academies of Sciences, Engineering,
and Medicine relating to astronomy and astrophysics.
\(b\) Purpose.—The purpose of a Project shall be to inform
the design and development of future large-scale space-based
astrophysics missions, including the Habitable Worlds
Observatory.
\(c\) Activities.—The following activities may be carried
out under a Project:
\(1\) An assessment of the appropriate scope for a future
large-scale space-based astrophysics mission.
\(2\) A determination of the range of capabilities and
technology readiness of such capabilities needed for such a
mission.
\(3\) The provision of information for the development and
maturation of science and technologies needed for such a
mission.
\(4\) Any other activity the Administrator considers
appropriate.
\(d\) Costs.—The Administrator shall conduct an independent
life-cycle cost estimate for a large-scale space-based
astrophysics mission.
\(e\) Report.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the
Administrator shall submit to the appropriate committees of
Congress a report on the status of any Project established
under subsection \(a\).
SEC. 619. FLIGHT OPPORTUNITIES.
\(a\) Findings.—Congress finds that low-cost suborbital
flight opportunities provide key access to high altitude and
microgravity environments for Government employees, students,
university and institute researchers, and commercial
organizations.
\(b\) Continuing Authorization.—As part of the Flight
Opportunities Program that includes opportunities for access
to orbit, the Administrator may continue providing flight
opportunities to microgravity environments and suborbital
altitudes under section 907 of the National Aeronautics and
Space Administration Act of 2010 \(42 U.S.C. 18405\).
\(c\) Briefing.—Not later than 1 year after the date of the
enactment of this Act, the Administrator shall provide the
appropriate committees of Congress with a briefing on
progress in carrying out the suborbital flight opportunity
activities under this section.
SEC. 620. ANNUAL REPORT ON HUBBLE SPACE TELESCOPE AND THE
JAMES WEBB SPACE TELESCOPE.
\(a\) In General.—The Administrator, to the greatest extent
practicable, shall not take any action to reduce or otherwise
preclude the continuation of the science operations of the
Hubble Space Telescope or the James Webb Space Telescope
before the completion and consideration of the next triennial
review of mission extensions for the Astrophysics Division
conducted pursuant to section 30504 of title 51, United
States Code.
\(b\) Report.—Not less frequently than annually, the
Administrator shall submit to the appropriate committees of
Congress a report on—
\(1\) the operational status of the Hubble Space Telescope
and the James Webb Space Telescope;
\(2\) any plan or assessment regarding repairs, servicing
missions, or upgrades of such telescopes; and
\(3\) any donation received for the operation of such
telescopes and intended use of the donation.
SEC. 621. SENSE OF CONGRESS ON EARTH SCIENCE DATA.
It is the sense of Congress that—
\(1\) NASA research on instrumentation for the observation of
the Earth improves sensors and analysis techniques that drive
advances in weather forecasting;
\(2\) such advances in Earth science data and computing
systems are vitally important for measuring the intensity and
extent of natural disasters;
\(3\) the use of such data and systems additionally supports
sustainable management of natural resources;
\(4\) NASA should maintain its strategic objective to
understand the Earth system and its climate;
\(5\) advancements in Earth science research, including
remote sensing, modeling, and data analytics, directly
contribute to the success of human exploration missions in
low-Earth orbit and deep space by improving understanding of
radiation environments, atmospheric dynamics, life-support
systems, and planetary surface conditions;
\(6\) the technologies and scientific methods developed for
Earth observation, such as high-resolution imaging, data
compression, and autonomous environmental monitoring, enhance
the design, safety, and operational performance of spacecraft
and habitats used in human exploration; and
\(7\) investments in Earth science research and applications
produce measurable benefits to the United States economy by—
\(A\) supporting sectors such as agriculture, energy,
insurance, transportation, and infrastructure planning;
\(B\) fostering innovation; and
\(C\) maintaining United States leadership in the global
commercial remote sensing and environmental data markets.
SEC. 622. SUPPORT FOR ASTROPHYSICAL OBSERVATORIES AND
NATIONAL HIGH-ENERGY ASTROPHYSICS HUBS.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the United States should maintain its global leadership
in high-energy astrophysics;
\(2\) in order to maintain such leadership, the United States
should support X-ray flagship missions based on the
recommendations of the most recent and future decadal Surveys
in Astronomy and Astrophysics issued by the National
Academies of Sciences, Engineering, and Medicine;
\(3\) the workforce associated with high-energy astrophysics
constitutes a national strategic asset that will be critical
to the development and eventual operation of any such
flagship mission; and
\(4\) proactive steps should be taken to ensure that the
capabilities of current high-energy astrophysics facilities
continue to serve the scientific, educational, and commercial
interests of the United States long beyond the duration of
the current high-energy astrophysics flagship mission.
\(b\) Designation.—
\(1\) In general.—The Administrator shall designate as a
national high-energy astrophysics hub each eligible facility
described in paragraph \(2\).
\(2\) Eligible facility described.—An eligible facility
described in this paragraph is an entity that—
\(A\)\(i\) is party to a contract with NASA; and
\(ii\) plans and operates missions that conduct activities
for purposes of—
\(I\) ensuring continued United States leadership in high-
energy astrophysics and related space sciences;
\(II\) supporting training and workforce development in data-
intensive high-energy astrophysics, aerospace engineering,
and spacecraft operations;
\(III\) advancing United States capabilities in high-
performance scientific software, spaceflight operations, and
technology transfer;
\(IV\) enabling future high-energy astrophysics missions
through mission design, planning, and scientific
coordination; or
\(V\) serving as a collaborative national resource for
academic, governmental, and commercial partners; and
\(B\)\(i\) is an institution of higher education;
\(ii\) is an appropriate State or Federal entity, including a
federally funded research and development center; or
\(iii\) is a nongovernmental organization with expertise in
advanced energy technology research, development,
demonstration, or commercial application.
SEC. 623. STUDIES ON MARS-FOCUSED MISSIONS USING COMMERCIAL
HEAVY-LIFT SYSTEMS.
\(a\) In General.—Not later than 120 days after the date of
the enactment of this Act, the Administrator shall complete
studies on the feasibility, cost, schedule, and mission
design concepts for Mars-focused missions using commercially
developed heavy-lift launch systems with fully reusable
architectures, including the studies described in subsection
\(b\).
\(b\) Studies Described.—The studies described in this
subsection are as follows:
\(1\) Human tissue exposure mission.—
\(A\) In general.—A study to assess the feasibility, cost,
and potential scientific value of a mission to transport and
deploy human tissue samples to the surface of Mars for the
purpose of studying biological and environmental effects on
human tissue in the Martian environment in preparation for
future human missions to Mars under the Artemis program.
\(B\) Elements.—The study shall evaluate the following:
\(i\) Methods for safe transport, preservation, and
controlled exposure of human tissue samples.
\(ii\) The technical and operational requirements for
landing, deployment, and sample monitoring.
\(iii\) Opportunities to leverage commercial heavy-lift
launch capabilities developed through NASA's public-private
partnerships.
\(iv\) The manner in which a commercial heavy-lift vehicle
may—
\(I\) address the need for expediency in delivering sensitive
biological payloads to the surface of Mars; and
\(II\) enable data collection on vehicle performance and
reliability for future human-rated Mars missions.
\(v\) The schedule for such a mission.
\(2\) Space weather and physical and life sciences for long-
duration exploration missions.—
\(A\) In general.—A study to assess the feasibility, cost,
and potential integration of—
\(i\) use of a commercially developed heavy-lift launch
system to support space weather measurements for advanced
solar storm warnings; and
\(ii\) physical and life science missions that advance
understanding of topics, such as flammability and space crop
science, that would enable eventual human Mars missions.
\(B\) Elements.—The study shall evaluate the following:
\(i\) Mission architecture, vehicle performance, and
integration requirements.
\(ii\) Opportunities to reduce cost and schedule risk through
commercial launch systems.
\(iii\) Compatibility with NASA's science and exploration
objectives for Mars.
\(iv\) The benefits of employing a heavy-lift launch vehicle
capable of supporting future human exploration of Mars to
expedite the delivery of scientific instruments and collect
data on system performance in deep space conditions.
\(v\) The schedule for such a mission.
\(c\) Mars-focused Missions.—Subject to the findings of the
studies conducted under subsection \(a\) and the availability
of appropriations, the Administrator may fund 1 or more
missions described in subsection \(b\).
\(d\) Briefing.—Not later than 30 days after the date on
which the studies described in subsection \(b\) are completed,
the Administrator shall provide the appropriate committees of
Congress with a briefing on the findings of the studies and
recommendations of the Administrator based on such findings.
TITLE VII—POLICY
SEC. 701. NASA ADVISORY COUNCIL.
\(a\) Balanced Membership.—In making appointments to the
NASA Advisory Council \(referred to in this subsection as the
“Council”\), the Administrator shall ensure, to the maximum
extent practicable and consistent with the Federal Advisory
Committee Act \(5 U.S.C. App.\), that the Council reflects a
balance of viewpoints and expertise and an equal distribution
of members from each of the following categories:
\(1\) Individuals representing the commercial space industry.
\(2\) Individuals representing traditional aerospace and
spaceflight contractors.
\(3\) Individuals from institutions of higher education or
the academic community with expertise relevant to the mission
of the Administration.
\(4\) Former officials or employees of Federal, State, or
local government with relevant experience in space policy,
space operations, or related fields.
\(5\) Individuals representing nonprofit organizations with
expertise relevant to the mission of the Administration.
\(b\) Limitation on Organizational Representation.—Not more
than 1 member of the Council may represent the same company,
institution, or organization at any given time.
\(c\) Chair Eligibility.—The Chair of the Council—
\(1\) shall be appointed from among the members of the
Council; and
\(2\) may not be an individual who, during the period of
service as Chair—
\(A\) is serving as an officer, employee, or agent of a
private entity that holds a contract, grant, cooperative
agreement, or other funding agreement with the
Administration;
\(B\) is actively representing or providing support to a
private entity that holds a contract, grant, cooperative
agreement, or other funding agreement with the
Administration; or
\(C\) is actively representing or providing support to an
entity seeking to obtain a contract, grant, cooperative
agreement, or other funding agreement with the
Administration.
\(d\) Rule of Construction.—Nothing in this subsection shall
be construed to prohibit an individual from serving as Chair
solely on the basis of prior employment with, or prior
representation of, an entity described in subsection \(c\)\(2\)
if the individual is not engaged in any activity described in
that paragraph during the period of service as Chair.
\(e\) Submission of Reports to Congress.—The Administrator
shall submit to the appropriate committees of Congress any
report, recommendation, finding, or other formal written
product issued by the Council not later than 30 days after
the date on which such report, recommendation, finding, or
written product is provided to the Administrator.
SEC. 702. ASSESSMENT OF EARLY COST ESTIMATES.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a review of the development, application, and
assessment of early cost estimates made prior to preliminary
design review for NASA missions.
\(b\) Elements.—The review required by subsection \(a\) shall
include—
\(1\) an assessment of NASA processes related to the
formation and evaluation of proposed and early-stage cost
estimates;
\(2\) an evaluation of NASA's monitoring and management of
cost estimates throughout mission development, in accordance
with section 10861\(b\)\(4\) of the National Aeronautics and
Space Administration Authorization Act of 2022 \(51 U.S.C.
20113 note; Public Law 117-167\); and
\(3\) any recommendations the Comptroller General considers
appropriate.
SEC. 703. ROLE OF NASA IN COMMERCIAL SPACE ACTIVITIES.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) NASA and the commercial space sector complement each
other in maintaining the leadership role of the United States
in outer space activities;
\(2\) as more outer space activities are conducted by private
industry, it is vital to define the appropriate role of NASA;
and
\(3\) the expertise and experience of NASA in human
spaceflight is especially important as commercial human
spaceflight activities extend into Earth's orbit, to the
lunar surface, and beyond.
\(b\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on—
\(1\) the current activities of NASA, including the detail of
any NASA personnel, to assist the Secretary of Commerce, the
Secretary of Transportation, the Federal Communications
Commission, or the head of any other relevant Federal agency
with the regulation of the United States commercial space
enterprise;
\(2\) a general breakdown of the types of NASA expertise,
including scientific, technical, and engineering expertise,
most used in support of other Federal agencies; and
\(3\) expected future growth in the workload of NASA as it
relates to the support described in paragraph \(1\).
SEC. 704. RELATIONSHIPS WITH THE PEOPLE'S REPUBLIC OF CHINA.
\(a\) In General.—Except as provided in subsection \(b\), no
funds authorized to be appropriated by this division may be
obligated or expended—
\(1\) for NASA, the Office of Science and Technology Policy,
or the National Space Council to develop, design, plan,
promulgate, implement, or execute a bilateral policy,
program, order, or contract of any kind to participate,
collaborate, or coordinate bilaterally in any way with the
People's Republic of China or any Chinese-owned company
unless such activities are specifically authorized by a law
enacted after the date of the enactment of this Act; or
\(2\) to effectuate the hosting of official Chinese visitors
at facilities belonging to or used by NASA.
\(b\) Certification.—
\(1\) In general.—The limitations under subsection \(a\) shall
not apply to activities with respect to which NASA, the
Office of Science and Technology Policy, or the National
Space Council, after consultation with the Federal Bureau of
Investigation, has certified that such activities—
\(A\) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to the People's Republic of
China or a Chinese-owned company; and
\(B\) will not involve knowing interaction with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
\(2\) Submission.—
\(A\) In general.—Any certification made under subsection
\(b\) shall be submitted to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Science, Space, and Technology
and the Committee on Appropriations of the House of
Representatives, not later than 30 days before the activity
concerned is intended to be carried out.
\(B\) Elements.—Any such certification shall include, with
respect to such activity, the following:
\(i\) A description of the purpose and agenda.
\(ii\) An identification of major participants.
\(iii\) The location and timing.
\(c\) Consideration of Chinese Influence in Contracting and
Grants.—In considering any response to a solicitation,
request for proposal, broad agency announcement, contract,
contract modification, grant, cooperative agreement, or any
other binding agreement with a commercial or noncommercial
entity, the Administrator, in consultation with relevant
Federal departments and agencies, shall require disclosure as
to whether the entity, or any affiliate of such entity, has
received loans, equity investments, or other financial
assistance from—
\(1\) any governmental organization of the People's Republic
of China;
\(2\) any entity owned or controlled by, or affiliated with,
such governmental organizations; or
\(3\) any entity organized under, or subject to, the laws of
the People's Republic of China.
\(d\) Mandatory Background Checks.—
\(1\) Requirement.—The Administrator, or a designee of the
Administrator, shall implement a security vetting and
background check process for all entities awarded NASA
funding, including—
\(A\) current and prospective first- and second-tier
contractors; and
\(B\) current and prospective grantees and other partners
that have agreements with the Administration.
\(2\) Elements.—Each background check conducted under
paragraph \(1\) shall assess—
\(A\) any direct or indirect financial ties between the
entity and the Government of the People's Republic of China,
or any affiliated organization described in subsection
\(c\)\(1\);
\(B\) shared ownership or control between the entity and any
organization organized under, or subject to, the laws of the
People's Republic of China;
\(C\) any past or present involvement by the entity in
technology transfer activities or cooperative research
agreements with governmental entities or state-owned
enterprises of the People's Republic of China; and
\(D\) whether any individual serving in an executive, board,
or advisory capacity for the entity has known affiliations
with the Government of the People's Republic of China, the
Chinese Communist Party, or the Chinese military.
\(e\) Review of Existing Contracts, Grants, and Agreements by
the Comptroller General.—
\(1\) In general.—The Comptroller General of the United
States shall conduct a comprehensive review of existing
contracts, grants, and agreements of NASA to assess potential
risks related to the unauthorized transfer of intellectual
property or sensitive technologies to the People's Republic
of China.
\(2\) Elements.—The review conducted under paragraph \(1\)
shall include an assessment of—
\(A\) whether any contractor, grantee, partner, or other
recipient of NASA funding has received assistance or
investment from the Government of the People's Republic of
China or affiliated entities;
\(B\) whether any Chinese-affiliated actors may be leveraging
shared ownership or control of contractors to gain access to
United States space technology;
\(C\) the adequacy of safeguards and internal controls to
protect mission-critical and dual-use technologies; and
\(D\) whether supply chains include components, software, or
services originating from entities owned or controlled by the
Government of the People's Republic of China.
\(3\) Report.—Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Administrator and the appropriate committees of
Congress—
\(A\) a report on the findings of the review conducted under
this subsection; and
\(B\) recommendations for mitigating potential risks
associated with future contracting and partnership
agreements.
\(f\) Agency Implementation Plan.—Not later than 180 days
after the date on which the report required under subsection
\(e\)\(3\) is submitted, the Administrator shall—
\(1\) develop a comprehensive risk mitigation and compliance
plan based on the recommendations provided by the Comptroller
General;
\(2\) submit such plan to the appropriate committees of
Congress; and
\(3\) begin implementing enhanced security protocols for
contracts, grants, and agreements, consistent with the
findings of the review and the risk mitigation plan.
SEC. 705. FINDINGS RELATING TO CONTRACT FLEXIBILITY.
Congress finds that NASA Federal Acquisition Regulation
Supplement \(NFS\) 1852.242-72 entitled “Denied Access to NASA
Facilities” instructs that, for the period during which NASA
facilities were not accessible to contractor employees, the
contracting officer may adjust the contract performance or
delivery schedule, forgo the work, reschedule the work, or
consider requests for equitable adjustment to the contract.
SEC. 706. GAO REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the appropriate committees of Congress a report on
fire and emergency services at NASA launch and reentry
facilities that assesses the following:
\(1\) Current capabilities and projected demand for NASA-
provided fire and emergency services.
\(2\) The manner in which demand for NASA-provided fire and
emergency services has been impacted by the following:
\(A\) An increased rate of launch and reentry operations.
\(B\) An increased number of leases with commercial launch
and reentry service providers for use of NASA property.
\(3\) Current fire and emergency services provided by
commercial providers to support launch and reentry operations
that are conducted—
\(A\) to fulfill a contractual obligation with NASA; or
\(B\) for non-NASA purposes using NASA-leased property.
\(4\) Whether NASA-provided and commercially provided fire
and emergency services are able to meet current and projected
demand and support all fire response areas on NASA property.
SEC. 707. PUBLIC-PRIVATE TALENT PROGRAM.
Section 20113 of title 51, United States Code, is amended
by adding at the end the following new subsection:
“\(o\) Public-private Talent Program.—
“\(1\) Assignment authority.—Under policies and procedures
prescribed by the Administrator, the Administrator may, with
the agreement of a private sector entity and the consent of
an employee of the Administration or of such entity, arrange
for the temporary assignment of such employee of the
Administration to such private sector entity, or of such
employee of such entity to the Administration, as the case
may be.
“\(2\) Agreements.—
“\(A\) In general.—The Administrator shall provide for a
written agreement among the Administration, the private
sector entity, and the employee concerned regarding the terms
and conditions of the employee's assignment under this
subsection.
“\(B\) Elements.—An agreement under subparagraph \(A\)
shall—
“\(i\) require that the employee of the Administration, upon
completion of the assignment, serve in the Administration, or
elsewhere in the civil service if approved by the
Administrator, for a period equal to twice the length of the
assignment;
“\(ii\) provide that if the employee of the Administration
or of the private sector entity \(as the case may be\) fails to
carry out the agreement, such employee shall be liable to the
United States for payment of all expenses of the assignment,
unless such failure was for good and sufficient reason, as
determined by the Administrator; and
“\(iii\) contain language prohibiting such employee of the
Administration or of the private sector entity \(as the case
may be\) from improperly using pre-decisional or draft
deliberative information that such employee may be privy to
or aware of related to Administration programing, budgeting,
resourcing, acquisition, or procurement for the benefit or
advantage of the private sector entity.
“\(C\) Treatment.—An amount for which an employee is liable
under subparagraph \(B\)\(ii\) shall be treated as a debt due the
United States.
“\(D\) Waiver.—The Administrator may waive, in whole or in
part, collection of a debt described in subparagraph \(C\)
based on a determination that the collection would be against
equity and good conscience and not in the best interests of
the United States, after taking into account any indication
of fraud, misrepresentation, fault, or lack of good faith on
the part of the employee concerned.
“\(3\) Termination.—An assignment under this subsection
may, at any time and for any reason, be terminated by the
Administration or the private-sector entity concerned, as the
case may be.
“\(4\) Duration.—
“\(A\) In general.—An assignment under this subsection
shall be for a period of not less than 90 days and not more
than 2 years, renewable up to a total of 3 years. An employee
of the Administration may not be assigned under this
subsection for more than a total of 3 years inclusive of all
such assignments.
“\(B\) Extension.—An assignment under this subsection may
be for a period in excess of 2 years, but not more than 3
years, if the Administrator determines that such assignment
is necessary to meet critical mission or program
requirements.
“\(5\) Policies and procedures.—
“\(A\) In general.—The Administrator shall establish
policies and procedures relating to assignments under this
subsection.
“\(B\) Elements.—Policies and procedures established
pursuant to subparagraph \(A\) shall address the following:
“\(i\) The nature and elements of written agreements with
participants in assignments under this subsection.
“\(ii\) Criteria for making such assignments, including the
needs of the Administration relating to such assignments.
“\(iii\) The manner in which the Administration will oversee
such assignments, in particular with respect to paragraphs
\(2\)\(B\)\(iii\), \(7\)\(C\), and \(7\)\(D\).
“\(iv\) Criteria for issuing waivers.
“\(v\) The manner in which expenses under paragraph
\(2\)\(B\)\(ii\) would be determined.
“\(vi\) Guidance for participants in such assignments.
“\(vii\) Mission Directorate, Office, and organizational
structure to implement and manage such assignments.
“\(viii\) Any other necessary policies, procedures, or
guidelines to ensure that such assignments comply with all
relevant statutory authorities and ethics rules, and
effectively contribute to 1 or more of the Administration's
missions.
“\(C\) Inherently governmental activities.—An employee of a
private sector entity assigned to the Administration under
this subsection shall not have responsibilities or perform
duties or decision making regarding Administration activities
that are inherently governmental, pursuant to section 7.500
of title 48, Code of Federal Regulations, and Office of
Management and Budget review.
“\(6\) Status of federal employees assigned to private
sector entities.—
“\(A\) In general.—An employee of the Administration who is
assigned to a private sector entity under this subsection
shall be considered, during the period of such assignment, to
be on detail to a regular work assignment in the
Administration for all purposes. The written agreement
established under paragraph \(2\)\(A\) shall address the specific
terms and conditions related to such employee's continued
status as a Federal employee.
“\(B\) Certification.—In establishing a temporary
assignment of an employee of the Administration to a private
sector entity, the Administrator shall certify that such
temporary assignment shall not have an adverse or negative
impact on the mission of
the Administration or organizational capabilities associated
with such assignment.
“\(7\) Terms and conditions for private sector employees.—
An employee of a private sector entity who is assigned to the
Administration under this subsection—
“\(A\) shall continue to receive pay and benefits from the
private sector entity from which such employee is assigned
and shall not receive pay or benefits from the
Administration, except as provided in subparagraph \(B\);
“\(B\) is deemed to be an employee of the Administration for
the purposes of—
“\(i\) chapters 73 and 81 of title 5;
“\(ii\) sections 201, 203, 205, 207, 208, 209, 603, 606,
607, 643, 654, 1905, and 1913 of title 18, except that such
section 209 does not apply to any salary, or contribution or
supplementation of salary made pursuant to subparagraph \(A\)
of this paragraph;
“\(iii\) sections 1343, 1344, and 1349\(b\) of title 31;
“\(iv\) chapter 171 of title 28 \(commonly known as the
\`Federal Tort Claims Act'\) and any other Federal tort
liability statute;
“\(v\) the Ethics in Government Act of 1978 \(Public Law 95-
521\) ; and
“\(vi\) chapter 21 of title 41;
“\(C\) shall not have access to any trade secrets or any
other nonpublic information which is of commercial value to
the private sector entity from which such employee is
assigned;
“\(D\) may not perform work that is considered inherently
governmental in nature, in accordance with paragraph \(5\)\(C\);
and
“\(E\) may not be used to circumvent—
“\(i\) section 1710 of title 41, United States Code; or
“\(ii\) any limitation or restriction on the size of the
Administration's civil servant workforce.
“\(8\) Additional requirements.—The Administrator shall
ensure that—
“\(A\) the normal duties and functions of an employee of the
Administration who is assigned to a private sector entity
under this subsection can be reasonably performed by other
employees of the Administration without the permanent
transfer or reassignment of other personnel of the
Administration;
“\(B\) normal duties and functions of such other employees
of the Administration are not, as a result of and during the
course of such temporary assignment, performed or augmented
by contractor personnel in violation of section 1710 of title
41; and
“\(C\) not more than 2 percent of the Administration's civil
servant workforce participates in an assignment under this
subsection at the same time.
“\(9\) Conflicts of interest.—The Administrator shall
implement a system to identify, mitigate, and manage any
conflicts of interest that may arise as a result of an
employee's assignment under this subsection.
“\(10\) Prohibition against charging certain costs to the
federal government.—A private sector entity may not charge
the Administration or any other agency of the Federal
Government, as direct or indirect costs under a Federal
contract, the cost of pay or benefits paid by the entity to
an employee assigned to the Administration under this
subsection for the period of the assignment concerned.
“\(11\) Considerations.—In carrying out this subsection,
the Administrator shall take into consideration—
“\(A\) the question of the manner in which assignments under
this subsection might best be used to help meet the needs of
the Administration with respect to the training of employees;
and
“\(B\) as applicable, areas of particular private sector
expertise, such as cybersecurity.
“\(12\) NASA reporting.—
“\(A\) In general.—Not later than April 30 each year, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a report summarizing the implementation of
this subsection.
“\(B\) Elements.—Each report required by subparagraph \(A\)
shall include, with respect to the annual period to which
such report relates, the following:
“\(i\) Information relating to the total number of employees
of private sector entities assigned to the Administration and
the total number of employees of the Administration assigned
to private sector entities.
“\(ii\) A brief description and assessment of the talent
management benefits evidenced from such assignments and any
identified strategic human capital and operational
challenges, including the following:
“\(I\) An identification of the names of the private sector
entities to and from which employees were assigned.
“\(II\) A complete listing of positions to and from which
such employees were assigned.
“\(III\) An identification of assigned roles and objectives
of such assignments.
“\(IV\) Information relating to the duration of such
assignments.
“\(V\) Information relating to associated pay grades and
levels.
“\(iii\) An assessment of impacts of such assignments on the
Administration workforce and workforce culture.
“\(iv\) An identification of the number of Administration
staff and budgetary resources required to implement this
subsection.
“\(13\) Federal ethics.—Nothing in this subsection shall
affect existing Federal ethics rules applicable to Federal
personnel.
“\(14\) GAO reporting.—
“\(A\) In general.—Not later than 3 years after the date of
the enactment of this subsection, the Comptroller General of
the United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Science, Space, and Technology of the House of
Representatives a report summarizing the implementation of
this subsection.
“\(B\) Elements.—The report required by subparagraph \(A\)
shall include the following:
“\(i\) A review of the implementation of this subsection,
according to law and the Administration policies and
procedures established for assignments under this subsection.
“\(ii\) Information relating to the extent to which such
assignments adhere to best practices relating to public-
private talent exchange programs.
“\(iii\) A determination as to whether there should be
limitations on the number of individuals participating in
such assignments.
“\(iv\) Information relating to the extent to which the
Administration complies with statutory requirements and
ethics rules, and appropriately handles potential conflicts
of interest and access to nonpublic information with respect
to such assignments.
“\(v\) Information relating to the extent to which such
assignments effectively contribute to 1 or more of the
Administration's missions.
“\(vi\) Information relating to Administration resources,
including employee time, dedicated to administering such
assignments, and whether such resources are sufficient for
such administration.”.
SEC. 708. MENTORING.
\(a\) Briefing.—Not later than 180 days after the date of
the enactment of this Act, the Administrator shall provide
the appropriate committees of Congress with a briefing on
existing NASA-wide mentoring programs that are focused in
whole or in part on ensuring a robust pipeline for NASA's
civil servant workforce, for early-career, mid-level, and
senior-level employees at all NASA centers and at NASA
headquarters.
\(b\) Considerations.—As part of the briefing required by
subsection \(a\), the Administrator may consider the merits of
consolidating existing, disparate programs into a single
unified employee development program.
SEC. 709. PASSENGER CARRIER USE FOR ASTRONAUT TRANSPORTATION.
\(a\) In General.—Subchapter III of chapter 201 of title 51,
United States Code, is amended by adding at the end the
following:
“Sec. 20150. Passenger carrier use for astronaut
transportation
“\(a\) Definitions.—In this section:
“\(1\) Government astronaut; international partner
astronaut; space flight participant; space support vehicle.—
The terms \`government astronaut', \`international partner
astronaut', \`space flight participant', and \`space support
vehicle' have the meanings given such terms in section 50902.
“\(2\) Mission.—The term \`mission' means an assignment to a
space support vehicle of 1 or more—
“\(A\) government astronauts in the course of their
employment; or
“\(B\) space flight participants.
“\(3\) Official purpose.—With respect to transportation,
the term \`official purpose' means transportation necessary
for post-mission activities, including medical research,
monitoring, diagnosis, and treatment of a government
astronaut or space flight participant before receiving post-
mission medical clearance to operate a motor vehicle.
“\(4\) Passenger carrier.—The term \`passenger carrier'
means a passenger motor vehicle, aircraft, boat, vessel, or
other similar means of transportation that is owned or leased
by the United States Government.
“\(b\) Authority.—
“\(1\) In general.—The Administrator may authorize the use
of a passenger carrier to transport a government astronaut or
space flight participant between the residence of the
individual and various locations if—
“\(A\) such transportation is provided for an official
purpose; and
“\(B\) the Chief of the Astronaut Office has approved, in
writing, post-mission transportation of government astronauts
and space flight participants under this section.
“\(2\) Maintenance, operation, and repair.—The
Administrator may maintain, operate, and repair 1 or more
passenger carriers for the purpose of providing
transportation pursuant to the authority provided in
paragraph \(1\).
“\(c\) Reimbursement.—Transportation under subsection
\(b\)\(1\) of an international partner astronaut or a space
flight participant who is not an employee of the United
States Government shall be subject to reimbursement to the
Treasury of the United States.
“\(d\) Regulations.—The Administrator shall promulgate such
regulations as are necessary to carry out this section.
“\(e\) Applicability of Section 1344 of Title 31.—In
carrying out subsection \(b\), the Administrator may expend
funds available to the Administration, by appropriation or
otherwise, notwithstanding section 1344\(a\) of title 31.”.
\(b\) Clerical Amendment.—The table of contents for chapter
201 of title 51, United States Code, is amended by inserting
after the item relating to section 20149 the following:
“20150. Passenger carrier use for astronaut transportation.”.
SEC. 710. PHYSICAL SECURITY MODERNIZATION.
\(a\) Modification of Permission To Carry Firearms.—Section
20133\(2\) of title 51, United States Code, is amended by
striking “of property owned” and all that follows through
“to the United States,” and inserting “of personnel and of
property owned or leased by, or under the control of, the
United States”.
\(b\) Modification of Arrest Authority.—Section 20134 of
title 51, United States Code, is amended—
\(1\) by striking “protecting property” and inserting
“protecting personnel, or property”; and
\(2\) by striking “, at facilities owned by or contracted by
the Administration”.
SEC. 711. NASA AGREEMENTS WITH PRIVATE AND COMMERCIAL
ENTITIES AND STATE GOVERNMENTS TO PROVIDE
CERTAIN SUPPLIES, SUPPORT, AND SERVICES.
\(a\) In General.—Section 20113 of title 51, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
“\(p\) Agreements With Commercial Entities and State
Governments.—The Administrator—
“\(1\) may enter into an agreement with a private or
commercial entity or a State government to provide the entity
or State government with supplies, support, and services
related to private, commercial, or State government space
activities carried out at a property owned or operated by the
Administration; and
“\(2\) on request by such an entity or State government, may
include such supplies, support, and services in the
requirements of the Administration if—
“\(A\) the Administrator determines that the inclusion of
such supplies, support, or services in such requirements—
“\(i\) is in the best interests of the United States;
“\(ii\) does not interfere with the requirements of the
Administration; and
“\(iii\) does not compete with the commercial space
activities of other such entities or State governments; and
“\(B\) the Administration has full reimbursable funding from
the entity or State government requesting such supplies,
support, and services before making any obligation for the
delivery of the supplies, support, or services under an
Administration procurement contract or any other
agreement.”.
SEC. 712. AEROSPACE INFRASTRUCTURE MODERNIZATION.
\(a\) In General.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and
submit to the appropriate committees of Congress a
comprehensive proposal for the establishment and
implementation of an Infrastructure Capital Fund for NASA
\(referred to in this section as the “Fund”\).
\(b\) Elements.—The proposal required by subsection \(a\)
shall include, at a minimum, the following:
\(1\) A detailed description of the purposes and objectives
of the Fund, including the manner in which the Fund would
support the modernization, recapitalization, maintenance, and
sustainment of NASA infrastructure and facilities.
\(2\) The proposed structure and governance of the Fund,
including criteria for project eligibility and
prioritization.
\(3\) The mechanisms for capitalization of the Fund,
including potential sources of appropriations, reprogramming
authority, cost savings, enhanced use leasing receipts, or
other authorized funding mechanisms.
\(4\) A description of the manner in which projects financed
through the Fund would be evaluated, selected, and overseen,
including applicable reporting and auditing requirements.
\(5\) A plan for ensuring transparency, accountability, and
measurable outcomes associated with expenditures from the
Fund.
\(6\) An assessment of statutory authorities required to
establish and operate the Fund, including any recommended
legislative changes.
\(7\) A spend plan and notional 5-year projection of
anticipated projects and funding levels.
\(8\) An analysis of the manner in which the Fund would
improve life-cycle cost management, reduce deferred
maintenance, and enhance mission assurance.
\(9\) A description of the policies and procedures that would
govern unobligated balances in the Fund.
\(10\) A comprehensive inventory of all infrastructure
projects included in NASA's deferred maintenance and
construction backlog as of the date of the enactment of this
Act, including—
\(A\) a description of each project;
\(B\) the location of each project;
\(C\) the estimated total life-cycle cost of each project;
\(D\) the estimated cost to complete each project; and
\(E\) the prioritization status assigned by NASA.
\(c\) Consultation.—In developing the proposal under
subsection \(a\), the Administrator shall consult with the
Office of Management and Budget and the head of any other
relevant Federal agency, as appropriate.
SEC. 713. ENHANCED USE LEASES.
\(a\) In General.—Section 20145 of title 51, United States
Code, is amended—
\(1\) in subsection \(b\)\(1\)\(B\), by inserting “or expanding
the rocket propulsion test infrastructure capacity of the
United States” after “facilities”; and
\(2\) in subsection \(h\), in the first sentence, by striking
“December 31, 2032” and inserting “December 31, 2035”.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, and consistent with section 20145 of
title 51, United States Code, the Administrator shall submit
to the appropriate committees of Congress a report that—
\(1\) indicates the total number of lease agreements entered
into under that section since the date of the enactment of
that section;
\(2\) identifies the NASA centers and facilities \(and the
respective locations of such centers and facilities\) that
have entered into such agreements; and
\(3\) describes economic and other benefits to each party to
such agreements.
SEC. 714. IDENTIFICATION OF AND JUSTIFICATION FOR REDACTIONS.
If the Administration redacts any portion of a document
produced to another person, the Administration shall cite a
specific statute authorizing the withholding of the
information redacted.
SEC. 715. COMMERCIAL ACTIVITY AT WALLOPS FLIGHT FACILITY.
\(a\) Findings.—Congress makes the following findings:
\(1\) Maintaining multiple NASA launch sites contributes to
assured access to space for NASA, researchers, and industry,
and supports broader United States Government interests in
assured access to space.
\(2\) The Wallops Flight Facility is a critical launch
complex for NASA, national security space organizations, and
commercial industry. The Wallops Flight Facility is the only
national launch site capable of providing assured access to
space on the east coast other than the Kennedy Space Center
and Cape Canaveral launch complexes.
\(3\) As the commercial space sector continues to expand,
driven in part by increasing NASA and Department of Defense
use of commercial launch services, the Wallops Flight
Facility and other Federal and non-Federal launch ranges must
continue to support affordable, flexible, and responsive
access for commercial space launch service providers and
their customers.
\(b\) Requirement.—Given the role of the Wallops Flight
Facility in supporting NASA missions and the global economic
competitiveness and national security of the United States,
the Administrator shall—
\(1\) enable the public-private partnership among the Wallops
Flight Facility, the Mid-Atlantic Regional Spaceport of the
Virginia Spaceport Authority, and other private entities in
order to use the full potential of the Wallops Flight
Facility, including by—
\(A\) reviewing and updating agreements between NASA and the
Federal Aviation Administration relating to operations at
NASA launch sites to ensure reciprocal approval of flight and
range safety analysis for operators; and
\(B\) reviewing NASA's approach to compliance with
Occupational Safety and Health Administration regulations and
oversight of such compliance by private sector partners and
customers;
\(2\) request needed investments for the Wallops Flight
Facility in budgeting and appropriations requests, the 21st
Century Launch Complex account, and in NASA's Construction
and Environmental Compliance and Restoration account, and
specifically identify construction, revitalization,
recapitalization, or other infrastructure projects and
improvements needed for the Wallops Flight Facility, taking
into account the needs of commercial launch and reentry users
of the Wallops Flight Facility, as appropriate; and
\(3\) not later than 30 days before implementing any change
to fees assessed by NASA on the Virginia Spaceport Authority
in connection with the activities at the Wallops Flight
Facility, provide written notice to the Virginia Spaceport
Authority that includes—
\(A\) a detailed description of the proposed fee changes;
\(B\) the rationale and cost basis for such changes; and
\(C\) an explanation of the manner in which the fees relate
to services provided or costs incurred by the Administration.
\(c\) Report.—Not later than 180 days after the date of the
enactment of this Act and annually thereafter for 5 years,
the Administrator shall submit to the appropriate committees
of Congress a report, and provide the appropriate committees
of Congress with a briefing, on—
\(1\) efforts made under paragraphs \(1\) and \(2\) of subsection
\(b\);
\(2\) challenges faced by the Wallops Flight Facility that
might reasonably impede the growth of commercial activity;
\(3\) recommendations for any necessary legislative action;
and
\(4\) the fee structure imposed by NASA on the Virginia
Spaceport Authority.
SEC. 716. CONTINUITY OF PURPOSE FOR NASA ACTIVITIES.
\(a\) Consistency in Operating Plans.—Consistent with the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2026 \(Public Law 119-74\), the
Administrator shall produce a spending, expenditure, or
operating plan for fiscal year 2026 that provides funding at
levels commensurate with the applicable joint explanatory
statement or committee report language incorporated by
reference in such joint explanatory statement for the
pertinent appropriations Act for fiscal year 2026.
\(b\) Applicability to Future Fiscal Years.—In any fiscal
year in which appropriations for the Administration are
provided by a full-year or partial-year continuing
resolution, the Administrator shall produce and adhere to a
spending, expenditure, or operating plan that provides
funding at levels commensurate with the previous full fiscal
year.
\(c\) Notice of Reprogramming.—If any funds authorized by
this division are subject to a reprogramming action that
requires notice to be provided to the Committee on
Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives, notice of
such action shall be provided to the appropriate committees
of Congress.
\(d\) Notice of Reorganization.—The Administrator shall
provide notice to the appropriate committees of Congress, not
later than 30 days before any major reorganization of any
program, project, or activity of the Administration,
including the cancellation of a specific program, project, or
activity, and the termination of an operational spacecraft
and mission.
SEC. 717. TRANSMISSION OF DATA TO CONGRESS.
\(a\) In General.—The Administrator shall use electronic
technology resources to submit all reports, briefings, and
requests to the applicable committees of Congress in a timely
manner.
\(b\) Waiver.—The Administrator may waive the electronic
submission requirement under subsection \(a\) in any case in
which the submission of a physical copy of a report,
briefing, or request is required by law.
SEC. 718. TIMELY RESPONSES TO CONGRESS.
\(a\) In General.—Not later than 30 days after the date on
which a request is made by Congress, the Administrator shall
respond to the request.
\(b\) Briefing.—Beginning on the date that is 60 days after
the date of the enactment of this Act and quarterly
thereafter, the Administrator shall provide to the
appropriate committees of Congress a briefing that—
\(1\) identifies each request made by Congress to which the
Administrator has not responded, and provides an estimated
date on which a response will be provided; and
\(2\) identifies each report due to Congress that has not
been submitted, and provides an estimated date on which the
report will be submitted.
SEC. 719. CONTRACTING FLEXIBILITY AND TRANSPARENCY.
\(a\) In General.—In carrying out acquisition activities,
the Administrator shall ensure the use of contract types that
are appropriate to the technical maturity, risk, and
development stage of the system, subsystem, or service being
procured.
\(b\) Developmental Programs.—In the case of a program or
project that involves significant technical uncertainty,
technology development, or first-of-a-kind system design, the
Administrator may consider the use of a cost-reimbursement or
other appropriate contract type, including a cost-plus
contract, if the Administrator determines—
\(1\) the program or project requirements are not suitable
for a fixed-price contract;
\(2\) associated technical risks exceed reasonable levels for
a contractor; or
\(3\) use of an alternative contract type would likely
increase total program cost or risk to mission success.
\(c\) Fixed-price Contracts.—
\(1\) In general.—In the case of a fixed-price or firm-
fixed-price contract, the Administrator shall continue to
ensure appropriate transparency, auditability, and cost
visibility, consistent with applicable law and the Federal
Acquisition Regulation, including—
\(A\) maintenance of adequate cost or pricing data, as
required;
\(B\) access for audit by the Inspector General of NASA, the
Comptroller General of the United States, and any other
authorized oversight entity; and
\(C\) documentation sufficient to evaluate contract
performance, pricing, and value to the Federal Government.
\(2\) Additional requirements.—In addition to the
requirement under paragraph \(1\), for any contract entered
into by NASA on or after the date of the enactment of this
Act, in which the contract is structured as a firm-fixed-
price contract with a value exceeding $100,000,000, the
Administrator shall ensure the following:
\(A\) Requirements visibility.—Changes to contract
requirements after initial contract award that could
materially affect cost, schedule, and performance contract
outcomes shall be documented and transparent to the
contractor and subject to congressional oversight consistent
with subparagraph \(E\).
\(B\) NASA safety standards compliance.—The contract awardee
and all subcontractors and suppliers shall comply with all
safety standards that are applicable and required by NASA
under the contract.
\(C\) Reasonable price data.—Current laws and regulations
governing the determination of a fair and reasonable price
shall be followed in accordance with chapter 35 of title 41,
United States Code.
\(D\) Schedule and performance reporting.—The contract
awardee shall provide NASA with quarterly performance updates
on schedule progress, technical performance metrics, and key
risk assessments, as determined by the Administrator.
\(E\) Congressional oversight.—Upon request, NASA shall make
available to the appropriate committees of Congress relevant
documentation, with applicable markings, for fixed-price
contracts exceeding the applicable threshold, including
executed contracts, milestone schedules, and payment records
to support congressional oversight responsibilities.
\(3\) Implementation guidance.—Not later than 180 days after
the date of the enactment of this Act, the Administrator
shall issue guidance necessary to implement this section.
\(d\) Rule of Construction.—Nothing in this section may be
construed—
\(1\) to alter or waive any requirement under procurement law
or regulation governing fixed-price or cost-reimbursement
contracts;
\(2\) to require the use of any specific contract type for a
program; or
\(3\) to limit the authority of the Administrator to select
the contract type that best supports mission assurance, cost
effectiveness, and timely execution.
SEC. 720. CHIEF SCIENTIST.
\(a\) Reinstatement.—To ensure that NASA research programs
are scientifically well founded, not later than 60 days after
the date of the enactment of this Act, the Administrator
shall—
\(1\) reinstate, within the Office of the Administrator, the
position of the Chief Scientist, who shall report to the
Associate Administrator of NASA; and
\(2\) ensure that the Office of the Chief Scientist is
adequately staffed and is provided the resources necessary—
\(A\) to provide independent assessment and advice to the
Administrator on matters related to NASA science, including
technical, programmatic, and policy reviews, in order to
ensure that NASA science programs are of the highest
scientific and technologic merit and integrity;
\(B\) to encourage and foster science integration and
cooperation across NASA, including the mission directorates
and the NASA centers;
\(C\) to lead the development of NASA science strategy and
ensure that NASA's overarching strategic plan properly
incorporates science goals and objectives;
\(D\) to promote, communicate, and advocate for NASA's
science portfolio and strategy to the broad external
community, and to facilitate the widest practical and
appropriate dissemination of information concerning science
and space activities;
\(E\) to direct and oversee the Agency nomination process for
Agency-wide external and internal scientific awards; and
\(F\) to direct and oversee a Science Innovation Fund to
promote the conduct of highly innovative, exploratory, and
high-risk and high-return scientific research at NASA centers
in support of the strategic direction of NASA and NASA
centers.
SEC. 721. CHIEF ECONOMIST.
\(a\) In General.—Not later than 60 days after the date of
the enactment of this Act, the Administrator shall—
\(1\) reinstate an independent position of Chief Economist,
who shall report to the Associate Administrator of NASA; and
\(2\) provide the Office of the Chief Economist with the
internal expertise, staffing, and resources necessary to
develop—
\(A\) rigorous quantitative economic assessments of United
States commercial space providers, competition in United
States commercial space markets, and the labor and capital
markets that support United States commercial space
providers; and
\(B\) agency-level commercial market estimates for any NASA
commercial acquisition program with a total annual budget
exceeding $100,000,000 or that aims to develop a commercial
market for space-related goods and services.
\(b\) Biannual Report.—Not less frequently than biannually,
the Administrator shall submit to Congress the NASA Economic
Impact Report on the economic impact of NASA on State-level
economic output and jobs.
SEC. 722. CHIEF TECHNOLOGIST.
To ensure that NASA programs are technologically well
founded, not later than 60 days after the date of the
enactment of this Act, the Administrator shall—
\(1\) reinstate, within the Office of the Administrator, the
position of the Chief Technologist, who shall report to the
Associate Administrator of NASA; and
\(2\) ensure that the Office of the Chief Technologist is
adequately staffed and is provided the resources necessary—
\(A\) to provide independent assessments and advice to the
Administrator on matters related to NASA-wide technology
policy and programs;
\(B\) to develop and implement plans that address technology
and innovation goals, objectives, technical challenges, and
investment;
\(C\) to engage the internal and external technology
community \(including other Government agencies, industry,
academia, and advisory groups\) to identify needs and
recommend priorities that NASA should pursue, consistent with
the national space policy, NASA's mission, and national
needs; and
\(D\) to ensure that data and information from NASA's
technology programs and projects are openly available and
accessible in a timely and affordable manner, as appropriate.
SEC. 723. REPORT ON INDEMNIFICATION FRAMEWORK FOR CIVIL AND
COMMERCIAL SPACE NUCLEAR TECHNOLOGIES.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the
head of any other appropriate Federal agency, shall submit to
the appropriate committees of Congress a report on the need
for and value of potential frameworks for indemnification of
civil and commercial space nuclear technologies.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) An evaluation of the existing statutory and regulatory
authorities under which NASA or another appropriate Federal
agency may provide indemnification or other liability
protection related to the use of space nuclear systems.
\(2\) An identification of gaps in the current
indemnification framework for activities involving civil
missions or commercial activities partners or civil missions
using nuclear technologies in space, including—
\(A\) radioisotope power systems;
\(B\) fission surface power systems; and
\(C\) nuclear electric or thermal propulsion systems.
\(3\) An identification and assessment of pathways to address
such gaps, including—
\(A\) indemnification under section 20138 of title 51, United
States Code, and Public Law 85-804 \(50 U.S.C. 1431 et seq.\);
\(B\) the applicability of authorities under section 440 of
title 14, Code of Federal Regulations, for nuclear systems
launched on commercially procured launch vehicles;
\(C\) extension of coverage under section 170 of the Atomic
Energy Act of 1954 \(42 U.S.C. 2210\); and
\(D\) development of such new statutory authorities or risk-
sharing mechanisms as the Administrator may require.
\(4\) Recommendations for legislative or regulatory changes
to ensure appropriate indemnification mechanisms for the
deployment of space nuclear technologies in support of NASA
missions or NASA-partnered commercial missions.
\(c\) Scope.—The report required by subsection \(a\) shall
address indemnification considerations for—
\(1\) United States Government-sponsored missions; and
\(2\) missions conducted through public-private partnerships
and commercially procured services, including technology
demonstrations and operational capability deployments in
cislunar space, on the lunar surface, or beyond low-Earth
orbit.
\(d\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 724. CONFIDENTIALITY OF MEDICAL QUALITY ASSURANCE
RECORDS.
\(a\) In General.—Chapter 313 of title 51, United States
Code, is amended by adding at the end the following:
“Sec. 31303. Confidentiality of medical quality assurance
records
“\(a\) In General.—Except as provided in subsection
\(b\)\(1\)—
“\(1\) a medical quality assurance record, or any part of a
medical quality assurance record, may not be subject to
discovery or admitted into evidence in a judicial or
administrative proceeding; and
“\(2\) an individual who reviews or creates a medical
quality assurance record for the Administration, or
participates in any proceeding that reviews or creates a
medical quality assurance record, may not testify in a
judicial or administrative proceeding with respect to—
“\(A\) the medical quality assurance record; or
“\(B\) any finding, recommendation, evaluation, opinion, or
action taken by such individual or in accordance with such
proceeding with respect to the medical quality assurance
record.
“\(b\) Disclosure of Records.—
“\(1\) In general.—Notwithstanding subsection \(a\), a
medical quality assurance record may be disclosed to—
“\(A\) a Federal agency or private entity, if the medical
quality assurance record is necessary for the Federal agency
or private entity to carry out—
“\(i\) licensing or accreditation functions relating to
Administration healthcare facilities; or
“\(ii\) monitoring of Administration healthcare facilities
required by law;
“\(B\) a Federal agency or healthcare provider, if the
medical quality assurance record is required by the Federal
agency or healthcare provider to enable Administration
participation in a healthcare program of the Federal agency
or healthcare provider;
“\(C\) a criminal or civil law enforcement agency, or an
instrumentality authorized by law to protect the public
health or safety, on written request by a qualified
representative of such agency or instrumentality submitted to
the Administrator that includes a description of the lawful
purpose for which the medical quality assurance record is
requested;
“\(D\) an official of the Department of Justice who is
investigating a claim or potential claim against the
Administration or investigating in response to litigation or
potential litigation involving the Administration when the
records are deemed relevant and necessary;
“\(E\) healthcare personnel, to the extent necessary to
address a medical emergency affecting the health or safety of
an individual;
“\(F\) any committee, panel, or board convened by the
Administration to review the healthcare-related policies and
practices of the Administration; and
“\(G\) pursuant to the order of a court of competent
jurisdiction.
“\(2\) Subsequent disclosure prohibited.—An individual or
entity to whom a medical quality assurance record has been
disclosed under paragraph \(1\) may not make a subsequent
disclosure of the medical quality assurance record.
“\(c\) Personally Identifiable Information.—
“\(1\) In general.—Except as provided in paragraph \(2\), the
personally identifiable information contained in a medical
quality assurance record of a patient or an employee of the
Administration, or any other individual associated with the
Administration for purposes of a medical quality assurance
program, shall be removed before the disclosure of the
medical quality assurance record to an entity other than the
Administration.
“\(2\) Exception.—Personally identifiable information
described in paragraph \(1\) may be released to an entity other
than the Administration if the Administrator makes a
determination that the release of such personally
identifiable information—
“\(A\) is in the best interests of the Administration; and
“\(B\) does not constitute an unwarranted invasion of
personal privacy.
“\(d\) Exclusion From FOIA.—A medical quality assurance
record may not be made available to any person under section
552 of title 5, United States Code \(commonly referred to as
the \`Freedom of Information Act'\), and this section shall be
considered a statute described in subsection \(b\)\(3\)\(B\) of
such section 522.
“\(e\) Regulations.—Not later than 1 year after the date of
the enactment of this section, the Administrator shall
promulgate regulations to implement this section.
“\(f\) Rules of Construction.—Nothing in this section shall
be construed—
“\(1\) to withhold a medical quality assurance record from a
committee of the Senate or the House of Representatives or a
joint committee of Congress if the medical quality assurance
record relates to a matter within the jurisdiction of such
committee or joint committee; or
“\(2\) to limit the use of a medical quality assurance
record within the Administration, including use by a
contractor or consultant of the Administration.
“\(g\) Definitions.—In this section:
“\(1\) Medical quality assurance record.—The term \`medical
quality assurance record' means any proceeding, discussion,
record, finding, recommendation, evaluation, opinion,
minutes, report, or other document or action that results
from a quality assurance committee, quality assurance
program, or quality assurance program activity.
“\(2\) Quality assurance program.—
“\(A\) In general.—The term \`quality assurance program'
means a comprehensive program of the Administration, the
purpose of which is—
“\(i\) to systematically review and improve the quality of
medical and behavioral health services provided by the
Administration to ensure the safety and security of
individuals receiving such health services; and
“\(ii\) to evaluate and improve the efficiency,
effectiveness, and use of staff and resources in the delivery
of such health services.
“\(B\) Inclusion.—The term \`quality assurance program'
includes any activity carried out by or for the
Administration to assess the quality of medical care provided
by the Administration.”.
\(b\) Technical and Conforming Amendment.—The table of
sections for chapter 313 of title 51, United States Code, is
amended by adding at the end the following:
“31303. Confidentiality of medical quality assurance records.”.
SEC. 725. REPORTS TO CONGRESS.
\(a\) Congressional Reports and Notices.—Any final report or
notification required by law that is provided to Congress by
NASA shall be submitted to the appropriate committees of
Congress not later than 10 days after the date on which such
report or notification is submitted to any other committee or
office.
\(b\) Privileged Reports and Reprogramming Requests.—
Nonpublic reports, including privileged reports,
reprogramming requests, and spend plans provided to the
appropriate committees of Congress pursuant to subsection \(a\)
shall be treated as confidential committee documents and
shall not to be disclosed publicly.
\(c\) Reports on International Agreements.—If the United
States becomes a signatory to an international agreement or
nonbinding instrument concerning activities in outer space
involving NASA, the Administrator shall, not later than 15
days after the date on which the United States becomes a
signatory, submit to the Committee on Commerce, Science, and
Transportation and the Committee on Foreign Relations of the
Senate and the Committee on Science, Space, and Technology
and the Committee on Foreign Affairs of the House of
Representatives a report containing a copy of such agreement
or instrument.
SEC. 726. COLLABORATION BETWEEN NASA AND THE DEPARTMENT OF
DEFENSE.
\(a\) In General.—The Administrator and the Secretary of
Defense shall, to the maximum extent practicable, exercise
collaboration, including by co-locating NASA and Space Force
elements, so as to accelerate national security space
initiatives, including the Golden Dome initiative.
\(b\) Units of Armed Forces at NASA Installations.—For the
purpose of maximizing speed and efficiency of critical space
efforts and minimizing costs to United
States taxpayers, the Administrator may enter into an
agreement to host units of the Armed Forces at NASA
installations, including at the NASA Armstrong Test Facility.
\(c\) Reimbursement.—The Administration shall be reimbursed
for any costs incurred pursuant to such agreement.
SEC. 727. SPACE COOPERATION WITH TAIWAN.
\(a\) Requirement.—Not later than 90 days after the date of
the enactment of this Act, the Administrator, with the
concurrence of the Secretary of State and in coordination
with the Secretary of Commerce \(acting through the
Administrator of the National Oceanic and Atmospheric
Administration\), may seek to engage Taiwan relating to
expanding cooperation regarding civilian space activities.
\(b\) Cooperation Efforts.—In seeking to expand cooperation
regarding civilian space activities between NASA, the
National Oceanic and Atmospheric Administration, and Taiwan
under subsection \(a\), the Administrator and the Administrator
of the National Oceanic and Atmospheric Administration, with
the concurrence of the Secretary of State, may carry out
efforts to identify and pursue space exploration, space
applications, and science initiatives in areas of mutual
benefit, consistent with the Taiwan Relations Act of 1979 \(22
U.S.C. 3301 et seq.\) and applicable export regulations, and
taking all appropriate measures to protect sensitive
information, intellectual property, trade secrets, and
economic interests of the United States, in the following
areas:
\(1\) Satellite programs, space exploration programs, and
atmospheric and weather programs.
\(2\) Personnel exchanges of employees of NASA and the
National Oceanic and Atmospheric Administration with the
Taiwan Space Agency.
\(3\) Activities of mutual benefit related to commercial
space and atmospheric and weather technology and services.
\(c\) Report.—
\(1\) Requirement.—Not later than 180 days after the date of
the enactment of this Act and annually thereafter for 5
years, the Administrator, the Administrator of the National
Oceanic and Atmospheric Administration, and the Secretary of
State, shall jointly submit to the appropriate congressional
committees a report on the implementation of this section.
\(2\) Contents.—The report under paragraph \(1\) shall include
the following:
\(A\) A description of the activities conducted between NASA
and the National Oceanic and Atmospheric Administration with
Taiwan.
\(B\) An identification of any challenges that need to be
addressed to expand such cooperation.
\(C\) An overview of efforts undertaken pursuant to this
section.
\(D\) Any other matter the Administrator, the Administrator
of the National Oceanic and Atmospheric Administration, and
the Secretary of State consider relevant.
\(d\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Science, Space, and Technology and the
Committee on Foreign Affairs of the House of Representatives;
and
\(2\) the Committee on Commerce, Science, and Transportation
and the Committee on Foreign Relations of the Senate.
SEC. 728. RULE OF CONSTRUCTION.
Nothing in this division may be construed to alter or limit
the scientific integrity policies of NASA.
SA 6528. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Vital Infrastructure Guarding Information and Logistics Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Vital Infrastructure
Guarding Information and Logistics Act” or the “VIGIL
Act”.
SEC. 1282. IMPOSITION OF SANCTIONS WITH RESPECT TO MILITARY,
INTELLIGENCE, AND SPACE INFRASTRUCTURE IN THE
WESTERN HEMISPHERE THAT POSES A THREAT TO THE
NATIONAL SECURITY OF THE UNITED STATES.
\(a\) In General.—The President may impose the sanctions
described in subsection \(b\) with respect to any foreign
person that the President determines engages in or has
engaged in a significant transaction or transactions, or any
significant dealings with, or has provided material support
to or for military, intelligence, or space infrastructure in
the Western Hemisphere that poses a national security threat
to the United States.
\(b\) Sanctions Described.—The sanctions described in this
subsection with respect to a foreign person are the
following:
\(1\) Asset blocking.—The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act \(50 U.S.C. 1701 et seq.\) to the extent necessary to block
and prohibit all transactions in all property and interests
in property of the foreign person if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
\(2\) Exclusion from the united states and revocation of visa
or other documentation.—In the case of a foreign person who
is an alien, denial of a visa to, and exclusion from the
United States of, the alien, and revocation in accordance
with section 221\(i\) of the Immigration and Nationality Act \(8
U.S.C. 1201\(i\)\) of any visa or other documentation of the
alien.
\(c\) Implementation; Penalties.—
\(1\) Implementation.—The President shall exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—A person that knowingly violates, attempts
to violate, conspires to violate, or causes a violation of
subsection \(b\)\(1\) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections \(b\) and \(c\) of section 206
of the International Emergency Economic Powers Act \(50 U.S.C.
1705\) to the same extent as a person that commits an unlawful
act described in subsection \(a\) of that section.
\(d\) Exceptions.—
\(1\) Importation of goods.—
\(A\) In general.—The authorities and requirements to impose
sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of
goods.
\(B\) Good defined.—In this paragraph, the term “good”
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
\(2\) Compliance with united nations headquarters
agreement.—Sanctions under subsection \(b\)\(2\) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations.
\(e\) Termination of Sanctions.—Notwithstanding any other
provision of law, this section shall terminate on the date
that is 30 days after the date on which the President
determines and certifies to the appropriate congressional
committees \(and Congress has not enacted legislation
disapproving the determination within that 30-day period\)
that all military, intelligence, or space infrastructure
described in subsection \(a\) has been verifiably closed and
dismantled.
\(f\) Waiver.—
\(1\) In general.—The President may waive the application of
sanctions under this section with respect to a foreign person
if the President, not later than 10 days before the waiver is
to take effect, determines and certifies to the appropriate
congressional committees that the waiver is in the vital
national security interest of the United States.
\(2\) Justification.—The President shall include with a
certification submitted under paragraph \(1\) with respect to a
waiver a detailed justification explaining the reasons for
the waiver.
\(g\) Definitions.—In this section:
\(1\) Alien.—The term “alien” has the meaning given that
term in section 101 of the Immigration and Nationality Act \(8
U.S.C. 1101\).
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” includes—
\(A\) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
\(B\) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
\(3\) Foreign person.—The term “foreign person” means a
person that is not a United States person.
\(4\) Person.—The term “person” means an individual or
entity.
\(5\) United states person.—The term “United States
person” means—
\(A\) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
\(B\) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) any person in the United States.
SEC. 1283. REPORT ON EFFORTS BY THE RUSSIAN FEDERATION AND
THE PEOPLE'S REPUBLIC OF CHINA TO FACILITATE
THE ESTABLISHMENT AND OPERATION OF MILITARY,
INTELLIGENCE, OR SPACE INFRASTRUCTURE IN THE
WESTERN HEMISPHERE.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report describing—
\(1\) the military, intelligence, and space activities of the
Government of the Russian Federation and the Government of
the People's Republic of China in the Western Hemisphere,
including any facilities used by either such government in
the country hosting those facilities;
\(2\) the purposes for which either such government conducts
those activities and uses those facilities in the Western
Hemisphere;
\(3\) the extent to which either such government provides
payment or government credits to the government of any
country hosting
those facilities for the continued use of those facilities in
the Western Hemisphere; and
\(4\) any progress toward the verifiable termination of
access by either such government to those facilities and
withdrawal of personnel, including advisers, technicians, and
military personnel, from those facilities.
\(b\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form and shall include a classified
annex.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
includes—
\(1\) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
\(2\) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SA 6529. Mr. RISCH \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E—SHADOW FLEET SANCTIONS ACT OF 2026
SEC. 1. SHORT TITLE.
This division may be cited as the “Sanctioning Harborers
And Dodgers Of Western Sanctions Act of 2026” or the
“SHADOW Fleet Sanctions Act of 2026”.
TITLE I—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 101. DEFINITIONS.
In this title:
\(1\) Adequate maritime insurance.—
\(A\) In general.—The term “adequate maritime insurance”
means—
\(i\) verified documentation evidencing protection and
indemnity insurance, cargo insurance, and hull and machinery
insurance, with audited financial statements of the insurer;
\(ii\) records demonstrating compliance with relevant
statutes and regulations regarding the insured subject
matter; and
\(iii\) a commitment to provide, upon reasonable request,
evidence needed by the insurer, reinsurer, or broker to
satisfy themselves or any regulator of such compliance.
\(B\) Exclusion.—The term “adequate maritime insurance”
does not include insurance provided by an insurer that—
\(i\) is organized under the laws of the Russian Federation;
and
\(ii\) continues to provide coverage to any vessel designated
for the imposition of sanctions under the laws of the United
States, the European Union, or the United Kingdom without a
specific waiver of or exception to the application of such
sanctions.
\(2\) Admitted; alien; lawfully admitted for permanent
residence.—The terms “admitted”, “alien”, and “lawfully
admitted for permanent residence” have the meanings given
those terms in section 101 of the Immigration and Nationality
Act \(8 U.S.C. 1101\).
\(3\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
\(4\) Beneficial owner.—The term “beneficial owner” means,
with respect to a vessel, any individual who, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise—
\(A\) exercises substantial control over the vessel; or
\(B\) owns not less than 25 percent of the vessel.
\(5\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(6\) Foreign vessel.—The term “foreign vessel” means a
vessel that is not a vessel of the United States \(as defined
in section 116 of title 46, United States Code\).
\(7\) Knowingly.—The term “knowingly”, with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
\(8\) Petroleum product.—The term “petroleum product”
means oil of any kind or in any form, crude oil, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product
obtained from refining or processing of crude oil, liquefied
petroleum gases, natural gas liquids, petrochemical
feedstocks, condensate, waste or refuse mixtures containing
any of such oil products, and any other liquid hydrocarbon
compounds.
\(9\) Russian-origin petroleum product.—The term “Russian-
origin petroleum product” means a petroleum product
extracted, refined, processed, or otherwise produced in the
Russian Federation.
\(10\) Russian person.—The term “Russian person” means—
\(A\) a citizen or national of the Russian Federation; or
\(B\) an entity organized under the laws of the Russian
Federation or otherwise subject to the jurisdiction of the
Government of the Russian Federation.
\(11\) Russian shadow fleet.—The term “Russian shadow
fleet” means any foreign vessel or vessels used or directed
by or on behalf of the Russian Federation to transport
Russian-origin petroleum products in circumvention of
sanctions imposed with respect to the Russian Federation by
the United States, the United Kingdom, the European Union, or
other countries.
\(12\) Sabotage activities.—The term “sabotage activities”
means actions, or preparations for actions, taken with the
intent to cause defective production, operation, or damage to
critical undersea infrastructure, including energy pipelines,
offshore energy facilities, or subsea power lines and
telecommunications cables and associated landing stations and
facilities.
\(13\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) a person in the United States.
Subtitle A—Sanctions With Respect to Russian Shadow Fleet
PART I—IMPOSITION OF SANCTIONS
SEC. 111. IMPOSITION OF SANCTIONS WITH RESPECT TO VESSELS
SUSPECTED OF PARTICIPATION IN OR SUPPORT OF THE
RUSSIAN SHADOW FLEET.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 181 with respect to any Russian shadow fleet vessel
that, on or after the date of the enactment of this Act,
transports Russian-origin petroleum products in circumvention
of sanctions imposed with respect to the Russian Federation
by the United States, the United Kingdom, the European Union,
or other countries, including—
\(1\) any Russian shadow fleet vessel the owner or operator
of which knowingly—
\(A\) exhibits or engages in unsafe or nonstandard maritime
behavior in furtherance of the transportation of Russian-
origin petroleum products that originated in the Russian
Federation; or
\(B\) lacks adequate maritime insurance for the transport of
goods described in subparagraph \(A\);
\(2\) any foreign person that the President determines
knowingly—
\(A\) owns, operates, or manages a vessel described in
paragraph \(1\);
\(B\) provides underwriting services or insurance or
reinsurance necessary for such a vessel after sanctions are
imposed with respect to the vessel;
\(C\) facilitates deceptive or structured transactions to
support a vessel described in paragraph \(1\);
\(D\) provides services or facilities for technology upgrades
or installation of equipment for, or retrofitting or
tethering of, a vessel described in paragraph \(1\) for the
purpose of evading sanctions;
\(E\) provided services for the testing, inspection, or
certification for a vessel described in paragraph \(1\) for the
purpose of evading sanctions;
\(F\) serves as a master of such a vessel; or
\(G\) transfers to the Russian Federation any foreign vessel
designed to transport Russian-origin petroleum products.
\(b\) Vessels Subject to Sanctions by the United Kingdom or
the European Union.—Beginning on the date of the enactment
of this Act, the President may impose the sanctions described
in section 181 with respect to any vessel that, on or after
such date of enactment, is—
\(1\) subject to sanctions with respect to the Russian
Federation imposed by the United Kingdom, the European Union,
the Group of 7, or a member of the Five Eyes intelligence
alliance; or
\(2\) owned or operated by a person subject to such
sanctions.
\(c\) Indicators of Unsafe or Nonstandard Maritime
Behavior.—In determining under subsection \(a\)\(1\)\(A\) if a
vessel is exhibiting or engaged in unsafe or nonstandard
maritime behavior, the President may use as prima facie
evidence that the vessel is exhibiting or engaged in such
behavior if the vessel has exhibited 3 or more indicators of
such behavior, including the following:
\(1\) Has refused to take on a pilot in accordance with best
practices of the International Maritime Organization.
\(2\) Does not respond when hailed by appropriate maritime
authority.
\(3\) Turns off the Automatic Identification System of the
vessel without explanation or report to the appropriate
maritime authority within a reasonable period of time.
\(4\) Engages in unsafe maritime maneuvers with another
vessel.
\(5\) Is uninsured or underinsured, including any vessel that
is insured by an insurance company organized under the laws
of the Russian Federation or the Islamic Republic of Iran.
\(6\) Is single-hulled contrary to standards of the
International Maritime Organization.
\(7\) Has changed ownership or flag registry more than once
in the previous year.
\(8\) Has a history of deliberately losing power or turning
off transmitters without a compelling security need.
\(9\) Has not been properly maintained, based on credible
evidence.
\(10\) Has been involved in a recent maritime or
environmental incident.
\(11\) Is escorted by the military of the Russian Federation.
\(12\) Has engaged in sabotage activities.
\(d\) Report.—Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that describes any sanctions imposed
under this section, including a brief description of each
foreign person and foreign vessel with respect to which
sanctions are imposed and the justification for such
sanctions.
SEC. 112. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT SUPPORT RUSSIAN ILLICIT SHIPPING
WITH VESSELS SUBJECT TO UNITED STATES
SANCTIONS.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 181 with respect to a foreign person if the President
determines that the foreign person, on or after the date of
the enactment of this Act, has engaged in a transaction
described in subsection \(b\) with a Russian shadow fleet
vessel that is subject to sanctions imposed by the United
States.
\(b\) Transactions Described.—A transaction described in
this subsection is any of the following:
\(1\) The conduct of any ship-to-ship transfer involving
Russian-origin petroleum products with a Russian shadow fleet
vessel.
\(2\) The provision of significant goods or services in
support of a Russian shadow fleet vessel with the knowledge
that the vessel is subject to sanctions imposed by the United
States, unless such goods or services are provided to respond
to an emergency.
\(3\) In the case of the owner or operator of a foreign port,
allowing a Russian shadow fleet vessel to port or otherwise
receive services at the foreign port, unless that vessel
needs to port or receive services as a result of an
emergency.
\(4\) In the case of a foreign person that is the owner or
operator of a refinery, knowingly engaging in a transaction
to process, refine, or otherwise deal in any Russian
Federation-origin petroleum products that were transported on
a Russian shadow fleet vessel.
SEC. 113. IMPOSITION OF SANCTIONS WITH RESPECT TO PORT
TERMINALS ACCEPTING OIL FROM RUSSIAN SHADOW
FLEET VESSELS.
Beginning on the date of the enactment of this Act, the
President may impose the sanctions described in section 181
with respect to any foreign person that owns or operates a
port in the People's Republic of China or the Republic of
India that accepts oil from foreign vessels with respect to
which the United States has imposed sanctions.
PART II—DISCLOSURES, PUBLICATIONS, AND REPORTS
SEC. 121. ALIGNMENT OF DESIGNATION AUTHORITIES WITH EUROPEAN
UNION AND UNITED KINGDOM REGARDING RUSSIAN
SHADOW FLEET.
\(a\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State, through the head of the Office of
Sanctions Coordination and in coordination with the Secretary
of the Treasury and the Director of the Office of Foreign
Assets Control of the Department of the Treasury, shall
submit to the appropriate congressional committees a report
that includes a list of each foreign vessel subject to
sanctions imposed by the European Union or the United Kingdom
that is determined to operate as part of the Russian shadow
fleet.
\(2\) Justification.—For any vessel listed in a report under
paragraph \(1\) that is not subject to sanctions imposed by the
United States, the report shall include the justification
provided by the European Union or the United Kingdom, as the
case may be, for designation of the vessel \(if that
justification is available to the public\) and a brief
justification of the reason provided by the European Union or
the United Kingdom.
\(b\) Strategy.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, through
the head of the Office of Sanctions Coordination and in
coordination with the Secretary of the Treasury and the
Director of the Office of Foreign Assets Control, shall
produce a strategy for enhancing alignment of sanctions
designation authorities of the United States regarding
vessels supporting the Russian shadow fleet with those
authorities of the European Union and the United Kingdom.
SEC. 122. SUPPORT OF EFFORTS OF THE JOINT EXPEDITIONARY
FORCE.
\(a\) Sense of Congress.—It is the sense of Congress that
the United States supports the efforts of the Joint
Expeditionary Force to track, monitor, deter, and if
necessary, respond to operations and illicit activities of
the Russian shadow fleet.
\(b\) Statement of Policy.—It shall be the policy of the
United States to use relevant maritime elements of the United
States Government to support and amplify the authorized
efforts of the Joint Expeditionary Force.
SEC. 123. REPORT ON SPECIFIC LICENSES GRANTED UNDER EXECUTIVE
ORDER 14024.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary of State, in coordination with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report listing any specific license granted or
in effect under Executive Order 14024 \(50 U.S.C. 1701 note;
relating to blocking property with respect to specified
harmful foreign activities of the Government of the Russian
Federation\).
\(b\) Form.—Each report required under subsection \(a\) shall
be submitted in classified form.
PART III—FLAG STATE REQUIREMENTS AND STRATEGY
SEC. 131. MINIMUM STANDARDS FOR OPERATING AS A FLAG STATE
REGISTRY AND ASSESSMENT OF EFFORTS TO PREVENT
THE CIRCUMVENTION OF SANCTIONS AND OTHER
CRIMES.
It is the policy of the United States that the government
of a country is complying with the minimum standards required
by the United States for maintaining an open flag registry
if, on balance, the government—
\(1\) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter the use of its flag registry as a
mechanism to circumvent sanctions imposed by the United
States, the United Kingdom, the European Union, or other
Group of 7 countries, including prohibiting its flag to
continue to fly on vessels that are subject to sanctions
imposed by any such country or jurisdiction;
\(2\) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter the use of its flag registry to avoid
detection of illicit activities, including drug trafficking,
illicit arms shipments, human trafficking, and illegal,
unreported, and unregulated fishing activities;
\(3\) enforces the laws described in paragraphs \(1\) and \(2\)
by punishing any person found, through a fair judicial
process, to have violated those laws;
\(4\) takes steps to ensure ships flying its flag comply with
well-established industry standards and best practices
relating to maritime activities, including adhering to
resolutions and warnings promulgated by the International
Maritime Organization, such as Resolution A.1192\(33\)
\(December 6, 2023\) relating to urging member states and all
relevant stakeholders to promote actions to prevent illegal
operations in the maritime sector by the “dark fleet” or
“shadow fleet”;
\(5\) responds to credible reports from other countries and
private entities warning of vessels flying its flag engaging
in maritime behavior that poses safety risks, such as not
allowing pilot access or turning off Automatic Identification
Systems without adequate justification;
\(6\) takes steps to ensure vessels flying its flag adhere to
measures that lawfully prohibit and regulate ship-to-ship
transfers of oil or petroleum products subject to sanctions;
\(7\) takes steps to ensure vessels flying its flag possess
adequate and credible insurance to cover the costs of
maritime accidents;
\(8\) takes steps to ensure vessels are operating under
transparent ownership structures, including by verifying the
beneficial ownership and management of vessels; and
\(9\) takes steps to ensure vessels do not avoid flag state
or port state control inspections or avoid commercial
screenings and inspections.
SEC. 132. STRATEGY FOR COUNTRIES THAT DO NOT MAKE SUFFICIENT
EFFORTS TO COMPLY WITH MINIMUM STANDARDS FOR
OPERATING AS A FLAG STATE.
Not later than one year after the date of the enactment of
this Act, and annually thereafter through 2030, the Secretary
of State, in consultation with the heads of appropriate
Federal agencies, shall—
\(1\) conduct an assessment of countries that do not meet the
minimum standards for operating as a flag state registry in
compliance with United States policy, including the standards
described in section 131; and
\(2\) submit to the appropriate congressional committees a
strategy for identifying and engaging with those countries.
PART IV—OTHER MATTERS
SEC. 141. INTERNATIONAL EFFORTS TO IDENTIFY VESSELS
TRANSPORTING RUSSIAN-ORIGIN OIL.
It shall be the policy of the United States—
\(1\) to fully promote the recommendations made by Resolution
A.1192\(33\) of the International Maritime Organization,
adopted on December 6, 2023;
\(2\) to use the voice and vote of the United States in
international organizations and engage other relevant
multilateral bodies, such as the North Atlantic Treaty
Organization and the European Union, to strongly encourage
the governments of all countries to adopt those
recommendations, including the recommendation that a port
state, when the state becomes aware of a vessel intentionally
taking measures to avoid detection, such as switching off its
Automatic Identification System or long-range identification
and tracking system transmissions or concealing its actual
identity, should, following an initial investigation to
verify that the vessel has not stopped transmitting signals
for legitimate reasons—
\(A\) subject the vessel to enhanced inspections as
authorized through relevant mechanisms of the port state; and
\(B\) notify the flag administration of the vessel, as
appropriate; and
\(3\) to encourage governments of all countries to deny
access to ports and services for any vessel that, following
an initial investigation, is found to have turned off its
transponder or entered false information for the purpose of
conducting a transfer of or
transaction for crude oil of Russian Federation origin or
refined petroleum products made from such oil.
Subtitle B—Sanctions With Respect to Russian-origin Energy Products
SEC. 151. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
WITH CERTAIN INTERESTS IN RUSSIAN ENERGY
PROJECTS.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 181 with respect to any foreign person the President
determines is, on or after such date of enactment, a leader,
official, senior executive officer, or member of the board of
directors of, or principal shareholder with a controlling or
majority interest in, any of the following Russian energy
projects:
\(1\) The Yamal Liquified Natural Gas Project or a successor
project.
\(2\) The Arctic 1, 2, and 3 Liquified Natural Gas Projects
or a successor project.
\(3\) Any project in the Arctic region or the Russian Far
East carried out after the date of the enactment of this Act.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) countries that rely on Russian energy projects,
including Sakhalin-1 and Sakhalin-2, TurkStream 1 and 2, and
the Druzhba pipeline, should work to expeditiously end their
dependence on such projects and diversify their sources of
energy to exports from other countries, including the United
States; and
\(2\) the European Union should remain committed to firm
deadlines set forth in the RePowerEU Roadmap for the phasing
out of energy exported from the Russian Federation.
SEC. 152. STRATEGY TO COUNTER ROLE OF THE PEOPLE'S REPUBLIC
OF CHINA IN EVASION OF SANCTIONS WITH RESPECT
TO RUSSIAN-ORIGIN PETROLEUM PRODUCTS.
\(a\) In General.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of other appropriate Federal
agencies, shall submit to the appropriate congressional
committees a written strategy, and provide to those
committees an accompanying briefing, on the role of the
People's Republic of China in evasion of sanctions imposed by
the United States with respect to Russian-origin petroleum
products that includes an assessment of options—
\(1\) to strengthen the enforcement of such sanctions; and
\(2\) to expand sanctions designations targeting the
involvement of the People's Republic of China in the
production, transportation, storage, refining, and sale of
Russian-origin petroleum products.
\(b\) Elements.—The strategy required by subsection \(a\)
shall include—
\(1\) a description and assessment of the use of sanctions in
effect before the date of the enactment of this Act to target
individuals and entities of the People's Republic of China
that are directly or indirectly associated with smuggling of
Russian-origin petroleum products;
\(2\) an assessment of—
\(A\) Russian-owned entities operating in the People's
Republic of China and involved in petroleum refining supply
chains;
\(B\) the People's Republic of China's role in Russian
petroleum refining supply chains;
\(C\) how the People's Republic of China leverages its role
in Russian petroleum supply chains to achieve political
objectives; and
\(D\) what percent of the energy consumption of the People's
Republic of China is linked to imported Russian-origin
petroleum products;
\(3\) a detailed plan for—
\(A\) monitoring the maritime domain for sanctionable
activity related to the transportation of Russian-origin
petroleum products;
\(B\) identifying the individuals, entities, and vessels
engaging in sanctionable activity related to Russian-origin
petroleum products, including—
\(i\) vessels—
\(I\) transporting petrochemicals of Russian Federation
origin;
\(II\) conducting ship-to-ship transfers of such
petrochemicals;
\(III\) with deactivated automatic identification systems; or
\(IV\) that engage in “flag hopping” by frequently changing
national registries;
\(ii\) individuals or entities—
\(I\) storing petrochemicals subject to sanctions; or
\(II\) refining or otherwise processing such petrochemicals;
and
\(iii\) through the use of port entry and docking permission
of vessels subject to sanctions;
\(C\) deterring individuals and entities from violating
sanctions by educating and engaging—
\(i\) insurance providers;
\(ii\) parent companies; and
\(iii\) vessel operators;
\(D\) collaborating with allies and partners of the United
States engaged in the Northern Europe, including through
standing or new maritime task forces, to build sanctions
enforcement capacity through assistance and training to
defense and law enforcement services; and
\(E\) using public communications and global diplomatic
engagements to highlight the role of smuggling of Russian-
origin petroleum products in bolstering the Russian
Federation's war efforts in Ukraine and support for other
malign activity; and
\(4\) an assessment of—
\(A\) the total number of vessels transporting Russian-origin
petroleum products;
\(B\) the total number of vessels smuggling such products
destined for the People's Republic of China;
\(C\) interference by the People's Republic of China with
attempts by the United States, the United Kingdom, or the
European Union to investigate or enforce sanctions with
respect to Russian-origin petroleum products;
\(D\) the effectiveness of the use of sanctions with respect
to insurers of entities that own or operate vessels involved
in transporting Russian-origin petroleum products;
\(E\) the personnel and resources needed to enforce sanctions
with respect to Russian-origin petroleum products; and
\(F\) the impact of smuggled Russian-origin petroleum
products on global energy markets.
\(c\) Form.—The strategy required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
index.
Subtitle C—Sanctions With Respect to Russian Defense Industrial Base
SEC. 161. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
THAT SELL, LEASE, OR PROVIDE GOODS OR SERVICES
RELATING TO THE DEFENSE INDUSTRIAL BASE OF THE
RUSSIAN FEDERATION.
\(a\) Report Required.—Not later than 60 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary of State, in consultation with the Secretary of
the Treasury, shall submit to the appropriate congressional
committees a report that identifies, for the period covered
by the report each foreign person that the Secretary of
State, in consultation with the Secretary of the Treasury and
the Secretary of Commerce, determines has knowingly—
\(1\) sold, leased, provided, or facilitated selling,
leasing, or providing goods or services relating to the
defense industrial base of the Russian Federation,
including—
\(A\) computer numerical control \(CNC\) tools and associated
machinery, software, and maintenance or upgrade services;
\(B\) lubricant additives;
\(C\) semiconductors and associated manufacturing equipment;
\(D\) items on the Common High Priority Items List maintained
by the Bureau of Industry and Security of the Department of
Commerce;
\(E\) nitrocellulose, wood cellulose, and associated
additives and components necessary for the production of
propellant or energetics for munitions;
\(F\) fiber optic cables with military applications and
associated technologies needed to manufacture such cables;
\(G\) advanced sensors; and
\(H\) any additional items identified by the Secretary of
State, in consultation with the Secretary of Commerce, that
are critical to the defense industrial base of the Russian
Federation; or
\(2\) facilitated deceptive or structured transactions to
provide the goods and services described by paragraph \(1\).
\(b\) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.—
\(1\) In general.—
\(A\) Visas, admission, or parole.—An alien described in
paragraph \(2\) shall be—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—The visa or other entry documentation of
an alien described in paragraph \(2\) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\)
shall—
\(I\) take effect immediately; and
\(II\) automatically cancel any other valid visa or entry
documentation that is in the possession of the alien.
\(2\) Aliens described.—An alien described in this paragraph
is an alien who is—
\(A\) identified in a report required by subsection \(a\);
\(B\) a corporate officer of a foreign entity identified in
that report; or
\(C\) a principal shareholder with a controlling interest in
a foreign entity described in subparagraph \(A\).
\(c\) Blocking of Property of Identified Persons.—The
President may exercise all powers granted to the President by
the International Emergency Economic Powers Act \(50 U.S.C.
1701 et seq.\) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
any person identified in a report required by subsection \(a\)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
\(d\) Wind-down Period.—The President may not impose
sanctions under this section with respect to a person
identified in the first report submitted pursuant to
subsection \(a\) if the President certifies in such report that
the person has, not later than 30 days after the date of the
enactment of this Act, engaged in good faith efforts to wind
down operations that would otherwise subject the person to
the imposition of sanctions under this section.
Subtitle D—Modifications of Protecting Europe's Energy Security Act of
2019
SEC. 171. MODIFICATIONS OF PROTECTING EUROPE'S ENERGY
SECURITY ACT OF 2019.
Section 7503 of the Protecting Europe's Energy Security Act
of 2019 \(title LXXV of Public Law 116-92; 22 U.S.C. 9526
note\) is amended—
\(1\) in subsection \(a\)\(1\)\(B\)\(v\), by striking “the Nord
Stream 2 pipeline” and inserting “the Nord Stream 1
pipeline, the Nord Stream 2 pipeline, or a successor to
either such pipeline”;
\(2\) in subsection \(e\)—
\(A\) by striking paragraph \(4\); and
\(B\) by redesignating paragraphs \(5\) and \(6\) as paragraphs
\(4\) and \(5\), respectively;
\(3\) by amending subsection \(f\) to read as follows:
“\(f\) National Security Waiver.—
“\(1\) In general.—The President may waive the application
of sanctions under this section if—
“\(A\) the President—
“\(i\) determines such a waiver is in the national security
interests of the United States; and
“\(ii\) not later than 30 days before the waiver takes
effect, submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver; and
“\(B\) a joint resolution prohibiting the waiver is not
enacted into law during the 30-day period described in
subparagraph \(A\)\(ii\).
“\(2\) Consideration of joint resolutions.—
“\(A\) In general.—A joint resolution described in
paragraph \(1\)\(B\) introduced in either House of Congress shall
be considered in accordance with the provisions of section
601\(b\) of the International Security Assistance and Arms
Export Control Act of 1976 \(Public Law 94-329; 90 Stat. 765\),
except that the resolution shall be subject to germane
amendments.
“\(B\) Consideration of veto messages.—If joint resolution
described in paragraph \(1\)\(B\) is vetoed by the President, the
time for debate in consideration of the veto message on the
resolution shall—
“\(i\) in the Senate, be limited to 20 hours; and
“\(ii\) in the House of Representatives, be determined in
accordance with the Rules of the House.”; and
\(4\) in subsection \(h\)—
\(A\) by striking paragraph \(2\);
\(B\) by striking “terminate” and all that follows through
“the date on which” and inserting “terminate on the date
on which”;
\(C\) by redesignating subparagraphs \(A\) and \(B\) as
paragraphs \(1\) and \(2\), respectively, and by moving such
paragraphs, as so redesignated, 2 ems to the left; and
\(D\) in paragraph \(2\), as redesignated, by striking “; or”
and inserting a period.
Subtitle E—General Provisions
SEC. 181. SANCTIONS DESCRIBED.
The sanctions described in this section that may be imposed
with respect to a foreign person are the following:
\(1\) Blocking of property.—The President may exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act \( 50 U.S.C. 1701
et seq.\) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
\(2\) Ineligibility for visas, admission, or parole.—
\(A\) Visas, admission, or parole.—A foreign person that is
an alien is—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \( 8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—A foreign person that is an alien is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
SEC. 182. EXCEPTIONS; WAIVERS.
\(a\) Exceptions.—
\(1\) Exception relating to importation of goods.—
\(A\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this title shall not include the authority or a requirement
to impose sanctions on the importation of goods.
\(B\) Good.—In this paragraph, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
\(2\) Exception to comply with united nations headquarters
agreement and law enforcement activities.—Sanctions under
this title shall not apply with respect to the admission of
an alien to the United States if admitting or paroling the
alien into the United States is necessary—
\(A\) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
\(B\) to carry out or assist authorized law enforcement
activity in the United States.
\(3\) Exception to comply with intelligence activities.—
Sanctions under this title shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States.
\(4\) Humanitarian assistance.—
\(A\) In general.—Sanctions under this title shall not apply
to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(ii\) transactions that are necessary for or related to the
activities described in clause \(i\).
\(B\) Definitions.—In this paragraph:
\(i\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(ii\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(iii\) Medicine.—The term “medicine” has the meaning
given the term “drug” in section 201 of the Federal Food,
Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(5\) Exception for safety of vessels and crew and
decommissioning or demolition of vessels.—Sanctions under
this title shall not apply with respect to—
\(A\) a person providing provisions to a vessel otherwise
subject to sanctions under this title if the provisions are
intended for—
\(i\) the safety and care of the crew aboard the vessel;
\(ii\) the protection of human life aboard the vessel; or
\(iii\) the maintenance of the vessel to avoid any
environmental or other significant damage; or
\(B\) a person providing services to a vessel otherwise
subject to sanctions under this title if—
\(i\) the vessel fails to meet international maritime vessel
safety standards; and
\(ii\) the services are necessary to ensure the safe
decommissioning or destruction of the vessel.
\(6\) Annual report.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report that describes each activity that would
be sanctionable under this title if not covered by an
exception under this subsection.
\(b\) Waiver.—
\(1\) In general.—The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions imposed with respect to a foreign
vessel or a foreign person under this title if the President
certifies to the appropriate congressional committees, not
later than 15 days after such waiver is to take effect, that
the waiver is in the national security interests of the
United States.
\(2\) Certification.—The President shall not be required to
impose sanctions under this title with respect to a foreign
person who has engaged in activity subject to sanctions under
this title if the President certifies in writing to the
appropriate congressional committees that the foreign
person—
\(A\) is no longer engaging in such activities; or
\(B\) has taken and is continuing to take significant,
verifiable steps toward permanently terminating such
activities.
\(c\) Rule of Construction.—Nothing in this section shall be
construed to affect the availability of any existing
authorities to issue waivers, exceptions, exemptions,
licenses, or other authorization.
SEC. 183. IMPLEMENTATION.
\(a\) Implementation.—The President may exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act \(50 U.S.C. 1702 and 1704\) for
purposes of carrying out this title.
\(b\) Penalties.—A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
title or any regulation, license, or order issued to carry
out this title may be subject to the penalties set forth in
subsections \(b\) and \(c\) of section 206 of the International
Emergency Economic Powers Act \(50 U.S.C. 1705\) to the same
extent as a person that commits an unlawful act described in
subsection \(a\) of that section.
SEC. 184. TERMINATION OF SANCTIONS AUTHORITIES.
The requirements and authorities to impose sanctions under
subtitles A, B, and C, and any sanctions imposed under those
subtitles, shall terminate on the date that is 10 years after
the date of the enactment of this Act.
TITLE II—OTHER MATTERS
SEC. 201. DETERMINATION WITH RESPECT TO RUSSIAN MILITARY
ACTIONS IN SUPPORT OF RUSSIAN SHADOW FLEET.
\(a\) In General.—The President may determine, at such times
as are required under subsection \(b\), whether—
\(1\) the Government of the Russian Federation, including
through any of its proxies, is
engaged in or knowingly supporting an escalation of military
measures in the Gulf of Finland, the Baltic Sea, or the
Straits of Denmark, including to deter members of the North
Atlantic Treaty Organization from inspecting vessels
transporting Russian-origin petroleum products or posing a
threat to undersea infrastructure to ensure such vessels are
adhering to accepted maritime standards; and
\(2\) if the President makes a positive determination under
paragraph \(1\), whether that escalation increases the risk of
an incident at sea, including damage to undersea cable
infrastructure.
\(b\) Timing of Determinations.—The President may make the
determination described in subsection \(a\)—
\(1\) not later than 15 days after the date of the enactment
of this Act;
\(2\) after the first determination under paragraph \(1\), not
less frequently than every 30 days \(or more frequently as
warranted\) during the 1-year period beginning on such date of
enactment; and
\(3\) after the end of that 1-year period, not less
frequently than every 90 days.
\(c\) Report Required.—Upon making a determination under
subsection \(a\), the President shall submit a report on the
determination to—
\(1\) the committees specified in subsection \(d\);
\(2\) the majority leader and the minority leader of the
Senate; and
\(3\) the Speaker and the minority leader of the House of
Representatives.
\(d\) Committees Specified.—The committees specified in this
subsection are—
\(1\) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
\(2\) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 202. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE
DEPARTMENT OF STATE.
\(a\) Sense of Congress.—It is the sense of Congress that
sanctions are a vital foreign policy and national security
tool, and as such, it is critical that the Department of
State and other agencies with responsibilities relating to
sanctions across the executive branch—
\(1\) are fully staffed, including through the prompt
confirmation by the Senate of a qualified head of the Office
of Sanctions Coordination of the Department of State; and
\(2\) have the resources and infrastructure necessary for the
successful development and implementation of sanctions.
\(b\) Increasing Resources and Improving Modernization for
Sanctions Implementation.—The head of the Office of
Sanctions Coordination shall take steps to modernize the
sanctions infrastructure and increase resources dedicated to
implementing sanctions, including by—
\(1\) ensuring the Department of State has necessary
subscriptions and access to open-source databases for
purposes of making determinations to support the designation
of persons for the imposition of sanctions;
\(2\) equipping bureaus involved in drafting and reviewing
evidentiary packages to support such designations with
sufficient technical resources to do so, including an
adequate number of workstations that can be used to review
classified information; and
\(3\) increasing the number of personnel dedicated to making
and reviewing such designations.
\(c\) Report on Modernizations Efforts.—Not later than 180
days after the date of the enactment of this Act, the head of
the Office of Sanctions Coordination shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report describing steps the Department of State is taking
to address challenges in the ability of the Department to
support the designation of persons for the imposition of
sanctions.
\(d\) Authorizations of Appropriation.—
\(1\) Office of sanctions coordination.—There is authorized
to be appropriated to the Office of Sanctions Coordination
for each of fiscal years 2026 and 2027 $15,000,000 to carry
out this section.
\(2\) Office of foreign assets control.—There is authorized
to be appropriated to the Office of Foreign Assets Control of
the Department of the Treasury for each of fiscal years 2026
and 2027 $15,000,000 to carry out this section.
SEC. 203. MODIFICATION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 \(Public Law 114-328; 130 Stat. 2488\) is
amended—
\(1\) by striking subsections \(c\) and \(d\); and
\(2\) by redesignating subsections \(e\) and \(f\) as subsections
\(c\) and \(d\), respectively.
SEC. 204. EMERGENCY APPROPRIATIONS FOR THE COUNTERING RUSSIAN
INFLUENCE FUND.
\(a\) Emergency Appropriations.—
\(1\) Authorization of appropriation.—There is authorized to
be appropriated, out of any money in the Treasury not
otherwise appropriated, $200,000,000 to the Secretary of
State for fiscal years 2026 and 2027 for the Countering
Russian Influence Fund to provide additional support to
Ukraine and allies of the United States in Central and
Eastern Europe in the wake of aggression by the Russian
Federation, including assistance combating Russian Federation
information operations, sabotage activities, cyber threats,
and security threats.
\(2\) Emergency designation.—
\(A\) In general.—The amounts provided under paragraph \(1\)
are designated as an emergency requirement pursuant to
section 4\(g\) of the Statutory Pay-As-You-Go Act of 2010 \(2
U.S.C. 933\(g\)\).
\(B\) Designation in the senate and the house of
representatives.—This subsection is designated as an
emergency requirement pursuant to subsections \(a\) and \(b\) of
section 4001 of S. Con. Res. 14 \(117th Congress\), the
concurrent resolution on the budget for fiscal year 2022.
\(b\) Report Required.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary of State shall submit to the appropriate committees
of Congress a report that contains a description of the
activities carried out pursuant to this section.
\(2\) Form.—The strategy required by paragraph \(1\) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
\(c\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 205. REPORT ON PRESIDENTIAL DRAWDOWN AUTHORITY AND
UKRAINE SECURITY ASSISTANCE INITIATIVE.
\(a\) In General.—Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary of State and the Secretary of Defense shall jointly
submit to the appropriate committees of Congress a report
that includes—
\(1\) the status of remaining amounts available for Ukraine
under the Presidential drawdown authority provided in the
Additional Ukraine Supplemental Appropriations Act, 2022
\(Public Law 117-128; 136 Stat. 1211\) and the Ukraine Security
Supplemental Appropriations Act \(Public Law 118-50; 138 Stat.
905\);
\(2\) a description of all defense articles and services
provided to Ukraine under Presidential drawdown authority,
Foreign Military Financing, and the Ukraine Security
Assistance Initiative under section 1250 of the National
Defense Authorization Act for Fiscal Year 2016 \(Public Law
114-92; 129 Stat. 1068\); and
\(3\) a description of the readiness requirements,
valuations, and replenishment calculations used to determine
the availability of inventory to transfer to Ukraine.
\(b\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
\(2\) the Committees on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 206. SUPPORT FOR UKRAINE ARMS SALES.
For any letter of offer to sell or license to export
defense articles or defense services to Ukraine that would
require a numbered certification to Congress required by
section 36 of the Arms Export Control Act \(22 U.S.C. 2776\),
the President shall not offer such letter of offer or issue
such license until 15 days have elapsed from the time such
numbered certification is provided to Congress,
notwithstanding the requirements of such section for 30 days,
and any joint resolution of disapproval shall be eligible for
a motion to discharge from the Committee on Foreign Relations
of the Senate 5 days after introduction.
SA 6530. Mr. RISCH \(for himself, Mr. Coons, Mr. Cornyn, and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—PEACE in Sudan
SEC. 1271. SHORT TITLES.
This subtitle may be cited as the “Preventing External
Aggression and Conflict Escalation in Sudan Act of 2026” or
the “PEACE in Sudan Act”.
SEC. 1272. STATEMENT OF POLICY.
It is the policy of the United States—
\(1\) to advance and protect the national security of the
United States, including by identifying, disrupting, and
dismantling the networks and actions of criminal and malign
actors who foment and benefit from instability, conflict,
humanitarian emergency, state failure, and ungoverned spaces;
\(2\) to utilize all available diplomatic and economic tools
to secure an end to the war in Sudan;
\(3\) to counter—
\(A\) malign foreign interference and external military
support to parties to the conflict in Sudan; and
\(B\) destabilizing regional and domestic actors who seek to
benefit from the continued conflict in Sudan;
\(4\) to promote efforts to bring about stability and
security in Sudan, including by addressing the humanitarian
suffering of the Sudanese people and others impacted across
Africa;
\(5\) to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes;
\(6\) to advance and protect the internationally recognized
human rights of all Sudanese people, regardless of ethnicity,
religion, sex, or geographic area of origin; and
\(7\) to support the aspirations of the people of Sudan for a
political transition process that results in a civilian
government that—
\(A\) is democratic;
\(B\) is accountable;
\(C\) respects the internationally-recognized human rights of
its citizens; and
\(D\) is at peace with itself and its neighbors
SEC. 1273. DEFINITIONS.
In this subtitle:
\(1\) Admission; admitted; alien.—The terms “admission”,
“admitted”, and “alien” have the meanings given such
terms in section 101\(a\) of the Immigration and Nationality
Act \(8 U.S.C. 1101\(a\)\).
\(2\) Aid or abet.—The term “aid or abet” means to
intentionally assist or encourage a person or persons to
commit a crime.
\(3\) Appropriate congressional committees.—Except as
provided in section 1277, the term “appropriate
congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(4\) Atrocity.—The term “atrocity” means war crimes,
crimes against humanity, or genocide.
\(5\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(6\) Genocide.—The term “genocide” means an offense
described in section 1091\(a\) of title 18, United States Code.
\(7\) International financial institution.—The term
“international financial institution” means—
\(A\) the International Monetary Fund;
\(B\) the International Bank for Reconstruction and
Development;
\(C\) the International Development Association;
\(D\) the International Finance Corporation;
\(E\) the Inter-American Development Bank Group;
\(F\) the Asian Development Bank;
\(G\) the Inter-American Investment Corporation;
\(H\) the African Development Bank;
\(I\) the African Development Fund;
\(J\) the European Bank for Reconstruction and Development;
\(K\) the Multilateral Investment Guaranty Agency; and
\(L\) any multilateral financial institution established
after the date of the enactment of this Act that could
provide financial assistance to the Government of Sudan.
\(8\) Non-state armed group.—The term “non-state armed
group” means any entity participating in, supporting, or
contributing to the conflict or commission of atrocities that
is not an organization of a foreign government, including
militia, armed groups, mercenaries, private military
contractors, and terrorist organizations.
\(9\) Quad.—The term “Quad” means the diplomatic grouping
of the United States, Egypt, Saudi Arabia, and the United
Arab Emirates that has been convening in an effort to mediate
an end to the conflict in Sudan.
\(10\) Quintet.—The term “Quintet” means the diplomatic
grouping of the African Union, the Intergovernmental
Authority on Development, the League of Arab States, the
European Union, and the United Nations.
\(11\) Torture.—The term “torture” has the meaning given
such a term in section 2340\(1\) of title 18, United States
Code.
\(12\) United states person.—The term “United States
person” means—
\(A\) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
and
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
\(13\) War crime.—The term “war crime”—
\(A\) has the meaning given such term in section 2441\(c\) of
title 18, United States Code; and
\(B\) includes sexual violence.
SEC. 1274. REPORT ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND GROUPS IN SUDAN.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary of State shall submit a report to the appropriate
congressional committees that includes—
\(1\) a comprehensive analysis of the involvement of foreign
governments by supporting, facilitating, or contributing to
the conflict and commission of atrocities in Sudan,
including—
\(A\) providing arms and materiel to the Sudanese Armed
Forces and the Rapid Support Forces;
\(B\) the estimated number of affiliated combatants and
support personnel in Sudan acting in support of the war
effort, including those who are engaged in active fighting,
training, and equipping;
\(C\) engagement in, or support for, drone and aircraft
strikes, and the training of combatants;
\(D\) the provision of financial, in-kind, or material
support to the Sudanese Armed Forces or the Rapid Support
Forces, including intelligence services or information
sharing
\(E\) the source, frequency, and scope of violations of the
United Nations arms embargo outlined in United Nations
Security Council Resolutions 1556 \(2004\) and 1591 \(2005\);
\(F\) instances of international travel by non-state armed
groups from Sudan for purposes other than structured
diplomatic negotiations; and
\(G\) actions that violate existing United States defense
cooperation agreements or designation as a major non-NATO
ally of the United States \(as defined in section 644 of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2403\)\);
\(2\) a comprehensive analysis of the involvement of non-
state armed groups in supporting, facilitating, or
contributing to the conflict in Sudan and the commission of
atrocities in Sudan, which may include—
\(A\) the Wagner Group;
\(B\) the Sudan Revolutionary Front;
\(C\) the Sudanese Muslim Brotherhood, including its al-Baraa
Bin Malik Brigade;
\(D\) the Sudan Liberation Movement, led by Minni Minnawi;
\(E\) the Sudan People's Liberation Movement-North-al Hilu;
\(F\) the Sudan People's Liberation Army-in-Opposition;
\(G\) the Sudan Liberation Movement, led by Abdul Wahid al-
Nur;
\(H\) the Sudanese Liberation Army, led by Malik Agar;
\(I\) the Sudan Liberation Movement - Transitional Council,
led by El-Hadi Idris Yahya;
\(J\) the Joint Security Forces, including the Justice and
Equality Movement;
\(K\) Gathering of Sudan Liberation Forces, led by Al-Tahir
Hajar;
\(L\) the Central Reserve Forces;
\(M\) the Sudanese Awakening Revolutionary Council, led by
Musa Hilal;
\(N\) the Sudan Shield Forces;
\(O\) the Third Front \(Tamazuj\);
\(P\) Army 70;
\(Q\) the Tigray Defense Forces;
\(R\) the Desert Wolves;
\(S\) the Libyan Arab Armed Forces \(also known as the
“Libyan National Army”\); and
\(T\) the Union of Forces for Democracy and Development;
\(3\) an analysis of private and commercial activity
facilitating or benefitting from the war economy related to
the conflict in Sudan, within or outside Sudan, which may
include activity related to—
\(A\) port operations;
\(B\) aviation \(including airlines and airports\);
\(C\) ground transportation services;
\(D\) the mining, refining, processing, and trade of gold,
gum arabic, and other natural resources;
\(E\) private military companies;
\(F\) banking and financial services;
\(G\) cryptocurrency transactions;
\(H\) technology;
\(I\) military equipment; and
\(J\) weapons manufacturing; and
\(4\) an analysis of whether actions taken by a government of
a foreign country referred to in paragraph \(1\)—
\(A\) involves defense articles or defense services \(as such
terms are defined in section 47 of the Arms Export Control
Act \(22 U.S.C. 2794\) of United States origin;
\(B\) violates the terms of applicable United States or end-
user assurances, licenses, or agreements; and
\(C\) violates the arms embargo designated by United Nation
Security Council Resolutions 1556 \(2004\), 1591 \(2005\), and
any successor Security Council Resolution for an arms embargo
on all or part of Sudan.
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
\(c\) Briefing.—Not later than 15 days after the submission
of the report required under subsection \(a\), the Secretary of
State or the Secretary's designee, shall provide a briefing
to the appropriate congressional committees regarding the
matters contained in such report.
SEC. 1275. REPORT ON ATROCITIES AND GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS IN
SUDAN.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a comprehensive report regarding the
conduct of, support for, and perpetrators of gross violations
of internationally recognized human rights in Sudan since
April 15, 2023.
\(b\) Elements.—The report required under subsection \(a\)
shall include a description of—
\(1\) any atrocities and other gross violations of
internationally recognized human rights committed by the
Sudanese Armed Forces, the Rapid Support Forces, non-state
armed groups, other entities of the Government of Sudan, and
other individuals, which may include—
\(A\) the recruitment and use of child soldiers;
\(B\) the use of starvation and sexual violence as weapons of
war, including systematic rape, sexual slavery, and other
forms of sexual violence;
\(C\) the denial of humanitarian access, including the
obstruction of humanitarian assistance or the targeting of
aid workers;
\(D\) looting, occupation, or destruction of civilian
infrastructure, including religious sites, health facilities,
residential buildings, and schools;
\(E\) violations in the conduct of hostilities, summary
executions, the deliberate targeting of civilians, and
arbitrary detention;
\(F\) the systematic targeting of medical facilities and
medical personnel, emergency response rooms, or other
humanitarian initiatives;
\(G\) the deliberate targeting of places of worship; and
\(H\) ethnically motivated violence, including violence
against minority non-Arab communities and indigenous ethnic
groups of the Nuba Mountains; and
\(2\) the sanctions imposed in accordance with the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 \(title III of Public Law 102-182; 22 U.S.C. 5601 et
seq.\) and the continued monitoring of the use of chemical
weapons by the Government of Sudan.
\(c\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 1276. STRATEGY.
\(a\) In General.—The Secretary of State, in coordination
with the Secretary of the Treasury and the Secretary of
Defense, shall develop a comprehensive strategy to secure a
ceasefire and durable political settlement in Sudan. In
developing such strategy, the Secretary shall utilize all
economic and diplomatic tools available to the Department of
State and the Department of the Treasury, including the
Office of Foreign Assets Control, and enhance diplomatic,
financial, and legal measures to hold perpetrators of
atrocities and other gross violations of internationally
recognized human rights accountable.
\(b\) Elements.—The strategy required under subsection \(a\)
shall include a description of the Secretary of State's
plans—
\(1\) to help end the conflict in Sudan, which may include—
\(A\)\(i\) determining the key actors who must be involved in
diplomatic negotiations to end the war;
\(ii\) supporting their sustained and credible participation
in such negotiations;
\(iii\) assessing the appropriate staffing needed within the
Department of State's Office of Sudan Affairs, including
locally employed staff and staff based in Ethiopia and Kenya,
to engage on coordinated diplomatic efforts to end the war in
Sudan;
\(B\) establishing a timeline for using diplomatic
engagement, intelligence diplomacy, security cooperation, and
foreign assistance, as appropriate, to secure the support of
allies and partners in finding diplomatic paths to end the
conflict in Sudan; and
\(C\) coordinating with the Quintet, the Quad, and other
international partners—
\(i\) to end the armed conflict in Sudan;
\(ii\) to protect civilians in Sudan;
\(iii\) to hold accountable perpetrators of atrocities and
other gross violations of internationally recognized human
rights; and
\(iv\) to seek an enduring diplomatic resolution to the
conflict;
\(2\) to cripple the war economy and abettor network;
\(3\) to collaborate with the Secretary of the Treasury to
hold perpetrators of atrocities in Sudan accountable for
their crimes;
\(4\) to counter foreign influence and military support to
the Sudanese Armed Forces and the Rapid Support Forces, which
exacerbates the conflict in Sudan; and
\(5\) to promote stability and alleviate human suffering in
Sudan, which may include—
\(A\) securing guarantees for unrestricted humanitarian
access to vulnerable populations and the implementation of
protection measures, including measures to provide trauma-
informed care and prevent human trafficking, sexual violence,
and the recruitment of child soldiers; and
\(B\) analyzing—
\(i\) how to most effectively leverage diplomatic and
assistance tools and incentivize strategic burden-sharing
with international partners to improve the humanitarian
conditions in Sudan;
\(ii\) requirements for rebuilding essential infrastructure
that has been destroyed in the conflict, including health
systems, education, and civilian infrastructure, and the role
to be played by the international community in such efforts;
\(iii\) how to engage in diplomatic efforts to ensure support
for humanitarian relief and recovery in Sudan from
international donors, including foreign governments and
multilateral organizations; and
\(iv\) how the United States, and other partners can work to
ensure the safety and security of humanitarian aid workers
and journalists in Sudan;
\(6\) to implement a comprehensive diplomatic approach toward
engagement with the countries bordering Sudan, in addition to
Kenya and Uganda, and regional institutions to address the
issues detailed in paragraphs \(1\) through \(5\); and
\(7\) to identify potential opportunities for United States
economic engagement and investment in a post-conflict Sudan
and the broader region that could support diplomatic efforts
to end the conflict, which may include—
\(A\) identifying opportunities for United States private
sector investment in Sudan's recovery and reconstruction,
including in sectors such as agriculture, energy, critical
minerals, infrastructure, and financial services;
\(B\) assessing mechanisms through which the United States
Government, including through the United States International
Development Finance Corporation and the United States Trade
and Development Agency, may support United States private
sector actors seeking to engage in Sudan and the broader
region;
\(C\) evaluating opportunities to deepen trade and investment
ties with countries neighboring Sudan as part of a broader
regional economic strategy that advances United States
interests and promotes stability for the region; and
\(D\) analyzing the manner in which United States economic
engagement in Sudan and the region can support the durability
of a credible peace agreement or cessation of hostilities,
and advance an economic order that prioritizes transparency,
accountability, and the long-term interests of the people of
Sudan.
\(c\) Submission.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees the
strategy developed pursuant to subsection \(a\) in an
unclassified form, which shall include the information
described in subsection \(b\) and may include a classified
annex.
\(d\) Briefing.—Not later than 15 days after submitting the
strategy required under subsection \(a\), and every 90 days
thereafter, the Secretary of State, or the Secretary's
designee, shall brief the appropriate congressional
committees regarding—
\(1\) the status of the implementation of such strategy; and
\(2\) any changes or updates based on evolving conditions in
Sudan.
SEC. 1277. ASSESSMENT OF ELIGIBILITY OF ARMED ACTORS IN SUDAN
FOR DESIGNATION AS SPECIALLY DESIGNATED GLOBAL
TERRORISTS.
\(a\) Defined Term.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
\(b\) In General.—The Secretary of State, in consultation
with the Secretary of the Treasury, shall conduct an
assessment to determine whether any armed actor in Sudan
meets the criteria for designation as a specially designated
global terrorist, consistent with the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\).
\(c\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a classified report
containing—
\(1\) the results of the assessment conducted pursuant to
subsection \(b\); and
\(2\) a description of action the Secretary has planned based
on such results.
SEC. 1278. SANCTIONS.
\(a\) In General.—The President may impose the sanctions
described in subsection \(b\) with respect to any foreign
person the President determines, on or after the date of the
enactment of this Act—
\(1\) to be responsible for, complicit in, or to have
directly or indirectly engaged in or facilitated—
\(A\) actions that threaten the peace, security, stability,
or territorial integrity of Sudan;
\(B\) the supply, sale, or transfer of arms or any related
materiel, or any assistance, advice, or training related to
military activities to—
\(i\) the Sudanese Armed Forces;
\(ii\) the Rapid Support Forces; or
\(iii\) non-State armed groups operating in Sudan;
\(C\) the use or recruitment of child soldiers;
\(D\) directing, leading, or enabling the presence of foreign
military forces or non-state armed groups in Sudan that have
engaged in actions that threaten the peace, security,
stability, or territorial integrity of Sudan;
\(E\) aiding or abetting Sudanese Armed Forces or Rapid
Support Forces by—
\(i\) providing financial or material support or a safe
haven; or
\(ii\) contributing to the concealment of their crimes;
\(F\) actions that obstruct, undermine, delay, or have the
purpose or effect of undermining a political process aimed at
securing a ceasefire, peace, or political resolution to the
conflict in Sudan;
\(G\) the commission of atrocities or other gross violations
of internationally recognized human rights \(as defined in
section 1262 of the Global Magnitsky Human Rights
Accountability Act \(subtitle F of title XII of Public Law
114-328; 22 U.S.C. 10101\);
\(H\) the smuggling or trafficking of natural resources from
or through Sudan, including gold and gum arabic;
\(I\) actions that constitute a violation of the arms embargo
under United Nations Security Council Resolutions 1556 \(2004\)
and 1591 \(2005\), including facilitating financial
transactions in furtherance of such actions or facilitating
any export, reexport, transshipment, or transfer in
furtherance of such actions;
\(J\) the targeting of civilians, including women and
children, through the commission of acts of violence
\(including killing, maiming, torture, or rape or other sexual
violence\), abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where
civilians are seeking refuge or aid provided by domestic or
international actors;
\(K\) the obstruction of activities of, or attacks on, the
United Nations, bilateral or multilateral diplomatic
missions, or international humanitarian organizations, or
their personnel;
\(L\) the operation of private military companies that are
contributing to violence against civilians in Sudan;
\(M\) the obstruction of the delivery or distribution of, or
access to, humanitarian assistance, including by force,
intimidation, theft, coercion, or bureaucratic means;
\(N\) significant efforts to impede investigations or
prosecutions of alleged gross abuses of internationally
recognized human rights in Sudan; or
\(O\) actions or policies that obstruct, undermine, delay, or
impede, or pose a significant risk of obstructing,
undermining, delaying, or impeding, the formation or
operation of a civilian government;
\(2\)\(A\) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of—
\(i\) any activity described in this section;
\(ii\) any person whose property and interests in property
are blocked pursuant to this section; or
\(B\) to be owned or controlled by, or to have acted or
purported to act for or on behalf of \(directly or indirectly\)
any person whose property and interests in property are
blocked pursuant to this section; or
\(3\) forms an entity for the purpose of evading sanctions
that would otherwise be imposed pursuant to this section.
\(b\) Sanctions; Exceptions.—
\(1\) Sanctions.—
\(A\) Asset blocking.—Notwithstanding section 202 of the
International Emergency Economic Powers Act \(50 U.S.C. 1701\),
the President may exercise all of the powers granted to the
President by such Act to the extent necessary to block and
prohibit all transactions in all property and interests in
property of a foreign person the President determines meets 1
or more of the criteria described in subsection \(a\) if such
property and interests in property are in the United States,
come within the United States, or are or come within the
possession or control of a United States person.
\(B\) Prohibitions on financial transactions.—
Notwithstanding the requirements under section 202 of the
International Emergency Economic Powers Act \(50 U.S.C. 1701\),
the President may exercise all powers granted to the
President by such Act to the extent necessary—
\(i\) to prohibit any United States financial institution
from making loans or providing credit to the foreign person;
or
\(ii\) to prohibit any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in
which the foreign person has any interest.
\(C\) Aliens inadmissible for visas, admission, or parole.—
\(i\) Visas, admission, or parole.—An alien is described in
this clause if the Secretary of State or the Secretary of
Homeland Security \(or a designee of either such Secretary\)
knows, or has reason to believe the alien—
\(I\) meets any of the criteria described in subsection \(a\);
and
\(II\)\(aa\) is inadmissible to the United States;
\(bb\) is ineligible to receive a visa or other documentation
to enter the United States; or
\(cc\) is otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(ii\) Current visas revoked.—
\(I\) In general.—The issuing consular officer, the
Secretary of State, or a designee of the Secretary of State,
in accordance with section 221\(i\) of the Immigration and
Nationality Act \(8 U.S.C. 1201\(i\)\), shall revoke any visa or
other entry documentation issued to an alien described in
clause \(i\) regardless of when the visa or other entry
documentation was issued.
\(II\) Effect of revocation.—Each revocation under subclause
\(I\) shall—
\(aa\) take effect immediately; and
\(bb\) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
\(2\) Penalties.—Any person that commits, attempts to
commit, conspires to commit, or causes the commission of an
action described in subsection \(a\) shall be subject to the
penalties set forth in subsections \(b\) and \(c\) of section 206
of the International Emergency Economic Powers Act \(50 U.S.C.
1705\) to the same extent as a person that commits an unlawful
act described in subsection \(a\) of such section.
\(3\) Implementation.—The President—
\(A\) may exercise all authorities provided under sections
203 and 205 of the International Emergency Economic Powers
Act \(50 U.S.C. 1702 and 1704\) to carry out this section; and
\(B\) shall issue such regulations, licenses, and orders as
may be necessary to carry out this section.
\(4\) Exception to comply with united nations headquarters
agreement.—Sanctions described in paragraph \(1\)\(B\) shall not
apply with respect to an alien if admitting or paroling the
alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
\(5\) Exception to comply with intelligence and law
enforcement activities.—Sanctions under this section shall
not apply to any activity subject to—
\(A\) the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States; or
\(B\) to carry out or assist any authorized law enforcement
activities of the United States.
\(6\) Exception for humanitarian assistance.—
\(A\) Definitions.—In this paragraph:
\(i\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(ii\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(iii\) Medicine.—The term “medicine” has the meaning
given the term “drug” in section 201 of the Federal Food,
Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(B\) In general.—Sanctions under this section shall not
apply to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(ii\) transactions that are necessary for or related to any
activity described in clause \(i\).
\(7\) Exception relating to the importation of goods.—
\(A\) Good.—In this paragraph, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
\(B\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this section shall not include the authority or a requirement
to impose sanctions on the importation of goods.
SEC. 1279. SPECIAL ENVOY FOR SUDAN.
Section 7204\(d\) of the Department of State Authorization
Act for Fiscal Year 2025 \(division G of Public Law 118-159;
22 U.S.C. 10001 note\) is amended by striking “2 years” and
inserting “5 years”.
SEC. 1280. ASSISTANCE TO THE GOVERNMENT OF SUDAN BY
INTERNATIONAL FINANCIAL INSTITUTIONS.
\(a\) Restrictions.—Except as provided in subsections \(b\)
and \(c\), the Secretary of the Treasury shall instruct the
United States Executive Director or the appropriate head of
the respective international financial institutions—
\(1\) to use the voice and vote of the United States in those
institutions to oppose any premature, new, long-term
reconstruction or capacity-building support for Sudan,
including support that would benefit a foreign person or
entity described in section 1278\(a\); and
\(2\) to work with other key donor countries to develop a
coordinated policy for lending to the Government of Sudan in
a post-conflict scenario, including firm benchmarks and
preconditions for lending.
\(b\) National Security Waiver.—The President may waive
application of subsection \(a\) if the President determines
such a waiver is in the national security interest of the
United States.
\(c\) Exception for Lifesaving Humanitarian Projects That
Directly Support Basic Human Needs.—The advocacy otherwise
required under subsection \(a\)\(1\) shall not apply to a
specific loan or extension of financial assistance that has
the sole purpose of supporting lifesaving humanitarian
projects that directly support basic human needs, including
emergency food, shelter, health, water, sanitation, and
hygiene.
SEC. 1281. SUDAN BUSINESS RISK ADVISORY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall update its Sudan
Business Risk Advisory, which was originally issued in May
2022 and updated in May 2023, which may include—
\(1\) updates to the information regarding gold from Sudan as
a mineral from a conflict-affected area, including the role
of foreign governments in the supply chain for Sudanese gold;
\(2\) information with respect to the supply chain for
Sudanese gum arabic, its role in fueling the conflict in
Sudan, and nefarious actors involved in smuggling gum arabic
through Chad, the Central African Republic, and South Sudan;
and
\(3\) risks associated with conducting business with entities
connected to the Sudanese Armed Forces, the Rapid Support
Forces, or non-state armed groups;
SEC. 1282. UNITED STATES ENGAGEMENT AT THE UNITED NATIONS
WITH RESPECT TO SUDAN.
The United States Mission to the United Nations shall
assess—
\(1\) the need for additional coordination between the United
States, the United Nations
Security Council, the European Union, and other partner
countries' sanctions regimes;
\(2\) if the mandate of the United Nations Panel of Experts
on the Sudan \(established by United Nations Security Council
Resolution 1591 \(2005\) and most recently extended by United
Nations Security Council Resolution 2791 \(2025\)\) is
sufficient to enable it to fully and accurately report to the
United Nations Security Council on issues related to war,
including with respect to violations of the United Nations
arms embargo; and
\(3\) the need to work with other United Nations Security
Council members to expand the United Nations arms embargo for
Sudan.
SEC. 1283. FOREIGN ASSISTANCE TO SUDAN.
\(a\) Prohibition.—Except as provided in subsection \(b\),
United States assistance may not be furnished to Sudan if
such assistance—
\(1\) provides financial or capacity building support
directly to Government of Sudan institutions;
\(2\) supports debt relief through the Heavily Indebted Poor
Countries Initiative to restructure, reschedule, or cancel
the sovereign debt of Sudan; or
\(3\) is security assistance.
\(b\) National Security Waiver.—The President may waive
application of subsection \(a\) if the President determines
that such a waiver is in the national security interest of
the United States.
\(c\) Annual Report.—Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State, in consultation with the Secretary of
Agriculture and other relevant departments and agencies,
shall submit a report to the appropriate congressional
committees that details all United States foreign assistance
to Sudan.
SEC. 1284. ANNUAL REPORT ON FINANCIAL ASSETS HELD BY ARMED
ACTORS IN SUDAN.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of the Treasury, in consultation with the Secretary
of State, shall submit a report to the appropriate
congressional committees that includes—
\(1\) a list of all countries and foreign banking
institutions that hold assets on behalf of senior officials
in the Sudanese Armed Forces, the Rapid Support Forces, and
the General Intelligence Service; and
\(2\) how foreign actors are profiting from the war in Sudan
through various business sectors.
\(b\) Form.—Each report required under subsection \(a\) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 1285. TERMINATION.
The requirements under sections 1274, 1275, 1276, 1280,
1283, and 1284 shall terminate on the date that is 30 days
after the Secretary of State submits to the appropriate
congressional committees a certification that—
\(1\) a credible and durable peace agreement, cessation of
hostilities, or other end to hostilities has been achieved
and verified by the Secretary of State; and
\(2\) the Rapid Support Forces, the Sudanese Armed Forces,
and any other body or institution of the Government of Sudan
are no longer committing atrocities.
SEC. 1286. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize the
use of military force.
SEC. 1287. SUNSET.
This subtitle shall cease to have any force or effect
beginning on the date that is 5 years after the date of the
enactment of this Act.
SA 6531. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Deterring Aggression Against Taiwan
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Deter PRC Aggression
Against Taiwan Act”.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress that the United States must be
prepared to take immediate action to impose sanctions with
respect to any military or non-military entities owned,
controlled, or acting at the direction of the Government of
the PRC or the Chinese Communist Party that are supporting
actions by the Government of the PRC or by the Chinese
Communist Party—
\(1\) to overthrow or dismantle the governing institutions in
Taiwan;
\(2\) to occupy any territory controlled or administered by
Taiwan;
\(3\) to violate the territorial integrity of Taiwan; or
\(4\) to take significant action against Taiwan, including—
\(A\) conducting a naval blockade of Taiwan;
\(B\) seizing any outlying island of Taiwan; or
\(C\) perpetrating a significant physical or cyber attack on
Taiwan that erodes the ability of the governing institutions
in Taiwan to operate or provide essential services to the
citizens of Taiwan.
SEC. 1273. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Financial Services of the House of
Representatives.
\(2\) PRC.—The term “PRC” means the People's Republic of
China.
\(3\) PRC sanctions task force; task force.—The terms “PRC
Sanctions Task Force” and “Task Force” mean the task force
established pursuant to section 1274.
SEC. 1274. TASK FORCE.
\(a\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, the Coordinator for Sanctions
of the Department of State and the Director of the Office of
Foreign Assets Control of the Department of the Treasury, in
coordination with the Director of National Intelligence,
shall establish a task force to identify military or non-
military entities that could be subject to sanctions or other
economic actions imposed by the United States immediately
following any action taken by the PRC that demonstrates an
attempt to achieve, or has the significant effect of
achieving, the physical or political control of Taiwan,
including by taking any of the actions described in
paragraphs \(1\) through \(4\) of section 1272.
\(b\) Strategy.—Not later than 270 days after the
establishment of the PRC Sanctions Task Force, the Task Force
shall submit a strategy to the appropriate congressional
committees for identifying proposed targets for sanctions or
other economic actions referred to in subsection \(a\), which
shall—
\(1\) assess how existing sanctions programs could be used to
impose sanctions with respect to entities identified by the
Task Force;
\(2\) develop or propose, as appropriate, new sanctions
authorities that might be required to impose sanctions with
respect to such entities;
\(3\) analyze the potential economic consequences to the
United States, and to allies and partners of the United
States, of imposing various types of such sanctions with
respect to such entities;
\(4\) assess measures that could be taken to mitigate the
consequences referred to in paragraph \(3\), including through
the use of licenses, exemptions, carve-outs, and other
approaches;
\(5\) include coordination with allies and partners of the
United States—
\(A\) to leverage sanctions and other economic tools
including actions targeting the PRC's financial and
industrial sectors to deter or respond to aggression against
Taiwan;
\(B\) to identify and resolve potential impediments to
coordinating sanctions-related efforts or other economic
actions with respect to responding to or deterring aggression
against Taiwan; and
\(C\) to identify industries, sectors, or goods and services
where the United States and allies and partners of the United
States can take coordinated action through sanctions or other
economic tools that will have a significant negative impact
on the economy of the PRC; and
\(D\) to coordinate actions with partners and allies to
provide economic support to Taiwan and other countries being
threatened by the PRC, including measures to counter economic
coercion by the PRC;
\(6\) assess the resource gaps and needs at the Department of
State and the Department of the Treasury to most effectively
use sanctions and other economic tools to respond to the
threats posed by the PRC;
\(7\) recommend how best to target sanctions and other
economic tools against individuals, entities, and economic
sectors in the PRC, which shall take into account—
\(A\) the role of such targets in supporting policies and
activities of the Government of the PRC, or of the Chinese
Communist Party, that pose a threat to the national security
or foreign policy interests of the United States;
\(B\) the negative economic implications of such sanctions
and tools for the Government of the PRC, including its
ability to achieve its objectives with respect to Taiwan; and
\(C\) the potential impact of such sanctions and tools on the
stability of the global financial system, including with
respect to—
\(i\) state-owned enterprises;
\(ii\) officials of the Government of the PRC and of the
Chinese Communist Party;
\(iii\) financial institutions associated with the Government
of the PRC; and
\(iv\) companies in the PRC that are not formally designated
by the Government of the PRC as state-owned enterprises; and
\(8\) identify any foreign military or non-military entities
that would likely be used to achieve the outcomes specified
in section 1272, including entities in the shipping,
logistics, energy \(including oil and gas\), maritime,
aviation, ground transportation, and technology sectors.
SEC. 1275. REPORT.
Not later than 120 days after the submission of the
strategy required under section 1274\(b\), and semiannually
thereafter, the PRC Sanctions Task Force shall submit a
classified report to the appropriate congressional committees
that includes information regarding—
\(1\) any entities identified pursuant to section 1274\(b\)\(8\);
\(2\) any new authorities required to impose sanctions with
respect to such entities;
\(3\) potential economic impacts on the PRC, the United
States, and allies and partners of the United States
resulting from the imposition of sanctions with respect to
such entities;
\(4\) mitigation measures that could be employed to limit any
deleterious economic impacts on the United States and allies
and partners of the United States of such sanctions;
\(5\) the status of coordination with allies and partners of
the United States regarding sanctions and other economic
tools identified under this subtitle;
\(6\) resource gaps and recommendations to enable the
Department of State and the Department of the Treasury to use
sanctions to more effectively respond to the malign
activities of the Government of the PRC; and
\(7\) any additional resources that may be necessary to carry
out the strategies and recommendations included in the report
submitted pursuant to section 1274\(b\).
SA 6532. Mr. RISCH submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title XII, insert the
following:
SEC. . REMOVAL OF VENEZUELA FROM COUNTRIES OF CONCERN.
Section 1402\(3\) of the Better Utilization of Investments
Leading to Development Act of 2018 \(22 U.S.C. 9601\(3\)\) is
amended—
\(1\) by striking subparagraph \(A\); and
\(2\) by redesignating subparagraphs \(B\), \(C\), \(D\), \(E\), \(F\)
and \(G\) as subparagraphs \(A\), \(B\), \(C\), \(D\), \(E\), and \(F\),
respectively.
SA 6533. Mr. CORNYN \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Scam Compound Accountability and Mobilization
SEC. 1271. SHORT TITLE.
This subtitle may be cited as the “Scam Compound
Accountability and Mobilization Act”.
SEC. 1272. FINDINGS.
Congress finds the following:
\(1\) Transnational cyber-enabled fraud, particularly such
fraud that is perpetrated from scam compounds in Southeast
Asia, is a growing threat to citizens of the United States,
national security, and global economic interests.
\(2\) The Federal Bureau of Investigation reported
$17,697,074,980 in losses in the United States due to cyber-
enabled fraud during 2025, including schemes commonly
perpetrated by transnational criminal organizations that are
operating scam compounds.
\(3\) Annual global losses due to cyber-enabled fraud are
estimated at between $40,000,000,000 and $65,000,000,000, but
the actual amount is likely higher since many instances are
not reported.
\(4\) Transnational criminal organizations responsible for a
large proportion of these scam compounds—
\(A\) are affiliated with the People's Republic of China;
\(B\) are actively spreading propaganda on behalf of the
People's Republic of China;
\(C\) are promoting unification with Taiwan; and
\(D\) have brokered projects for the Belt and Road
Initiative.
\(5\) Transnational criminal organizations have lured
hundreds of thousands of human trafficking victims from an
estimated 80 countries to scam compounds, which are located
primarily in Burma, Cambodia, and Laos, for purposes of
forced criminality.
\(6\) Transnational criminal organizations are expanding scam
compounds internationally, including in Africa, the Middle
East, South Asia, and the Pacific Islands.
\(7\) Money laundering, human trafficking, and fraudulent
recruitment related to such scam compounds have occurred in
Southeast Asia, Europe, North America, and South America.
SEC. 1273. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) the United States should redouble efforts to hold the
perpetrators and enablers of scam compound operations
accountable, including those involved in related money
laundering, human trafficking, and fraudulent recruitment, by
employing effective tools, such as targeted financial
sanctions, visa restrictions, asset seizures, and forfeiture;
\(2\) to enhance effective international cooperation and
responses against cyber-enabled fraud originating from scam
compounds internationally, the United States Government
should work with partner governments, multilateral
institutions, civil society experts, and private sector
stakeholders to improve information sharing, strengthen
preventative measures, raise public awareness, and increase
coordination on law enforcement investigations and regulatory
actions; and
\(3\) victims and survivors of human trafficking, including
for the purpose of forced criminality, require victim-
centered and trauma-informed protection and support to ensure
they are not inappropriately prosecuted, penalized, or
otherwise punished solely for unlawful acts committed as a
direct result of being trafficked, consistent with section
102\(b\)\(19\) of the Trafficking Victims Protection Act of 2000
\(22 U.S.C. 7101\(b\)\(19\)\).
SEC. 1274. STATEMENT OF POLICY.
It shall be the policy of the United States—
\(1\) to comprehensively combat the transnational criminal
organizations operating scam compounds and exploiting
workers, including through human trafficking, such as forced
criminality, to perpetrate large-scale online scams against
the people of the United States; and
\(2\) to bolster international law enforcement cooperation
with nations in Southeast Asia and in other regions where
scam compounds and associated financial and operational
infrastructures are located to combat transnational crime,
including scam compounds, human trafficking, narcotics
trafficking, and money laundering.
SEC. 1275. DEFINITIONS.
\(a\) In General.—In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on the Judiciary of the Senate;
\(C\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(D\) the Select Committee on Intelligence of the Senate;
\(E\) the Committee on Foreign Affairs of the House of
Representatives;
\(F\) the Committee on the Judiciary of the House of
Representatives;
\(G\) the Committee on Financial Services of the House of
Representatives; and
\(H\) the Permanent Select Committee on Intelligence of the
House of Representatives.
\(2\) Cyber-enabled fraud.—The term “cyber-enabled fraud”
means the use of the internet or other technology to commit
fraudulent activity, including illicitly obtaining money,
property, data, identification documents, or authentication
features, or creating counterfeit goods or services.
\(3\) Enabling country.—The term “enabling country” means
a country where—
\(A\) government authorities actively or implicitly permit,
enable, or perpetuate scam compound operations; or
\(B\) ineffective law enforcement or a failure to enact
legislation intended to prevent facilitating services from
reaching scam compounds or transnational criminal
organizations enables scam compound operators to obtain
facilitating services.
\(4\) Forced criminality.—The term “forced criminality”
means a form of forced labor for the purpose of causing the
victim to engage in criminal activity, which may include
cyber-enabled fraud.
\(5\) Forced labor.—The term “forced labor” has the
meaning given the term severe forms of trafficking in persons
in section 103\(11\)\(B\) of the Trafficking Victims Protection
Act of 2000 \(22 U.S.C. 7102\(11\)\(B\)\).
\(6\) Relevant foreign assistance programs.—The term
“relevant foreign assistance programs”—
\(A\) means foreign assistance programs funded by the United
States Government to provide assistance for one or more
foreign countries for the purpose of combating scam compound
operations and related transnational criminal organizations
as well as combating associated human trafficking; and
\(B\) excludes intelligence activities, including activities
authorized by the President and reported to Congress in
accordance with section 503 of the National Security Act of
1947 \(50 U.S.C. 3093\).
\(7\) Human trafficking.—The term “human trafficking” has
the meaning given the term severe forms of trafficking in
persons in section 103\(11\) of the Trafficking Victims
Protection Act of 2000 \(22 U.S.C. 7102\(11\)\).
\(8\) Human trafficking victim.—The terms “human
trafficking victim” and “victim of human trafficking” mean
a person subject to an act or practice described in section
103\(11\) of the Trafficking Victims Protection Act of 2000 \(22
U.S.C. 7102\(11\)\).
\(9\) Impacted country.—The term “impacted country” means
a country that is a significant—
\(A\) transit location for victims of human trafficking to
scam compounds;
\(B\) source location for victims of human trafficking for
scam compounds; or
\(C\) target of cyber-enabled fraud originating from scam
compounds.
\(10\) Scam compound.—The term “scam compound” means a
physical installation where a transnational criminal
organization carries out cyber-enabled fraud operations,
using victims who may be exploited through
human trafficking, including forced criminality.
\(11\) Strategy.—The term “Strategy” means the strategy to
counter scam compounds and hold transnational criminal
organizations and human traffickers accountable described in
section 1276.
\(12\) Transnational criminal organization.—The term
“transnational criminal organization” means a group of
persons that—
\(A\) includes one or more foreign person;
\(B\) engages in or facilitates an ongoing pattern of serious
criminal activity involving the jurisdictions of at least two
foreign states or one foreign state and the United States;
and
\(C\) threatens the national security, foreign policy, or
economy of the United States.
\(b\) Rule of Construction.—The definitions under this
section are exclusive to this subtitle and may not be
construed to affect any other provision of United States law.
SEC. 1276. STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
TRANSNATIONAL CRIMINAL ORGANIZATIONS AND HUMAN
TRAFFICKERS ACCOUNTABLE.
\(a\) In General.—Not later than 180 days after the date of
enactment of this Act, the Secretary of State, in
consultation with the Attorney General, the Secretary of the
Treasury, and the heads of other Federal departments and
agencies as appropriate, shall submit to the appropriate
congressional committees a comprehensive strategy, with a
classified annex if necessary, that—
\(1\) is designed—
\(A\) to shut down scam compounds and prevent their further
proliferation;
\(B\) to disrupt and dismantle—
\(i\) transnational criminal organizations and human
traffickers involved in exploiting workers in, and
fraudulently recruiting workers to, scam compounds; and
\(ii\) the financial, operational, and technological
infrastructure that enables such criminal enterprises to
execute their scams and crimes; and
\(C\) to hold accountable corrupt officials and non-state
actors enabling scam compounds;
\(2\) is global in scope and fosters cooperation among
officials from affected regions; and
\(3\) may prioritize efforts focused on countries where scam
compound operations are most prevalent, including Southeast
Asia.
\(b\) Objectives.—The Strategy shall provide for and
incorporate the following objectives:
\(1\) Reducing the ability of transnational criminal
organizations to operate scam compounds in Southeast Asia and
wherever else they may propagate.
\(2\) Building the capacity of efforts related to digital
forensics, anti-money laundering, anti-corruption, and border
patrol, of trusted foreign law enforcement partners to
degrade, disrupt, and shut down scam compounds and prevent
their proliferation.
\(3\) Supporting victims of human trafficking, including
those exploited in forced criminality under the direction of
the Ambassador-at-Large to Monitor and Combat Trafficking in
Persons.
\(4\) Preventing fraudulent recruitment and human trafficking
in scam compounds, including by—
\(A\) engaging private sector entities operating internet
platforms or other services that could be abused or exploited
to perpetrate fraudulent recruitment, human trafficking or
cyber-enabled fraud;
\(B\) raising awareness among at-risk populations to identify
common fraudulent recruitment strategies and improve due
diligence and self-protection measures;
\(C\) urging governments to monitor and enforce laws against
fraudulent and unlawful recruitment practices; and
\(D\) sharing information and building capacity among foreign
counterparts, including law enforcement, border and port
officials, and other anti-trafficking authorities, as well as
civil society organizations to identify and protect potential
human trafficking victims.
\(5\) Advocating for the thorough review of countries
implicated in scam compound operations at the Financial
Action Task Force \(FATF\) or FATF-style regional bodies.
\(6\) Examining existing authorities and procedures of the
United States Government for assisting defrauded United
States persons in recovering and returning their stolen
assets.
\(7\) Using sanctions, visa restrictions, and other
accountability and behavioral change measures, in
coordination with allies and partners to the greatest extent
possible, against enabling countries, transnational criminal
organizations, human traffickers, and related third-party
facilitators of scam compound operations.
\(8\) Investigating and highlighting the People's Republic of
China's involvement in the origin and perpetuation of scam
compounds, including through links between Chinese Communist
Party officials and criminal organizations, deepening
regional security influence, and selective crackdowns that
incentivize the targeting of Americans.
\(9\) Investigating the Burmese military's involvement in
allowing, ignoring, and profiting from scam compounds in
Burma, and the importance of resolving the instability and
violence in Burma to stop the unfettered operation of scam
compounds in Burma.
\(10\) Harnessing offensive cyber capabilities to degrade
scam compound operations.
\(11\) Integrating data collection, analysis, and response
mechanisms across Federal, State, and local agencies,
including by assessing if any existing relevant Fusion
Centers could be leveraged to combat the operations of scam
compounds.
\(12\) Convening like-minded foreign allies and partners to
combat scam compounds, including by establishing similar task
forces or working groups, compiling and sharing data, and
collaborating regarding the indictment of key actors and
enablers.
\(c\) Contents.—The Strategy shall—
\(1\) include a comprehensive problem statement identifying
the structural vulnerabilities exploited by transnational
criminal organizations operating scam compounds;
\(2\) develop a comprehensive list of enabling countries and
impacted countries;
\(3\) identify all active executive branch relevant foreign
assistance programs as well as diplomatic efforts underway to
address scam compounds, transnational criminal organizations
connected to scam compounds, and related money laundering,
and human trafficking, including forced criminality,
including efforts with enabling countries and impacted
countries;
\(4\) identify relevant foreign assistance resources needed
to fully implement the Strategy and any obstacles to the
response of the Federal Government to scam compounds,
including coordination with partner governments, to address
the human trafficking, including forced criminality, and
money laundering that facilitates and sustains scam compound
operations; and
\(5\) include indicators that measure the success of the
Strategy, including achieving the objectives described in
subsection \(b\), which may include the number of persons
sanctioned, the number of arrest warrants or indictments
issued, the number of arrests made, the amount of United
States losses mitigated, the number of victims of trafficking
in persons identified and protected, and the reduction in the
number of active scam compounds, in comparison to the
previous year.
\(d\) Limitation.—Nothing in the Strategy may affect, apply
to, or create obligations related to past, present, or future
criminal or civil law enforcement or intelligence activities
of the United States or the law enforcement activities of any
State or subdivision of a State.
SEC. 1277. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
\(a\) In General.—Not later than 90 days after submitting
the Strategy pursuant to section 1276\(a\), the Secretary of
State, in consultation with the Attorney General, the
Secretary of the Treasury, and the heads of other Federal
departments and agencies, shall establish or designate an
interagency task force \(referred to in this section as the
“Task Force”\)—
\(1\) to coordinate the implementation of the Strategy;
\(2\) to conduct regular monitoring and analysis of scam
compound operations internationally; and
\(3\) to track and evaluate progress toward the objectives,
activities, and performance indicators of the Strategy.
\(b\) Information Sharing.—To ensure proper coordination and
effective interagency action, each Federal department or
agency represented on the Task Force shall fully share—
\(1\) all relevant data with the Task Force; and
\(2\) all information regarding the department's or agency's
plans, before and after final agency decisions are made, on
all matters relating to actions regarding combating scam
compounds.
\(c\) Consultation.—The Task Force, or representatives of
the Task Force, should—
\(1\) consult with State and local law enforcement entities
and stakeholder organizations in the United States that have
firsthand expertise in reporting and combating cyber-enabled
fraud and recovering stolen assets;
\(2\) consult regularly with nongovernmental organizations in
the United States with expertise in countering trafficking in
persons or anti-corruption, as appropriate;
\(3\) develop partnerships with relevant private sector
actors for the purpose of better disrupting the enabling
infrastructure of scam compounds, operations, and syndicates;
and
\(4\) engage civil society organizations to better understand
the complexity of the scam compound problem in each country
and the broader economic, political, and governance
challenges that are exacerbating the problem.
\(d\) Congressional Consultation.—The Task Force shall
consult regularly with the appropriate congressional
committees on its efforts to implement the Strategy,
including potential updates to the strategy.
\(e\) Annual Reviews and Reports.—Not later than 1 year
after the establishment of the Task Force, and not less
frequently than annually thereafter, the Task Force shall—
\(1\) conduct a status review of the Strategy and the overall
state of scam compounds operated by transnational criminal
organizations that includes—
\(A\) a list of enabling countries and impacted countries;
\(B\) an estimate of the amount of money that has been stolen
from United States nationals through scams emanating from
scam compounds;
\(C\) an estimate of the amount of the stolen money described
in subparagraph \(B\) that was intercepted, seized, or returned
as a result of United States Government action;
\(D\) an analysis of the role that human trafficking plays in
scam compounds around the world;
\(E\) a list of known scam compounds operating across
Southeast Asia; and
\(F\) a description of if, where, and how scam compounds and
operations have proliferated outside of Southeast Asia across
other regions of the world; and
\(2\) submit the results of such review in a public report to
the appropriate congressional committees, which may contain a
classified annex.
\(f\) Task Force Termination.—The Task Force shall terminate
on the date that is 6 years after the date on which the Task
Force is established.
SEC. 1278. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD TRANSNATIONAL CRIMINAL ORGANIZATIONS
ACCOUNTABLE.
\(a\) Imposition of Sanctions With Respect to Actors in Scam
Compound Operations.—Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
may impose the sanctions described in subsection \(b\) with
respect to any foreign person the President determines—
\(1\) has materially assisted in, or provided financial or
technological support to, or provided significant goods or
services in support of, the activities of international scam
compounds or enabling services, including, but not limited
to, fraudulent recruitment, human trafficking \(including
forced criminality\), cyber-enabled fraud, or money-
laundering; or
\(2\) owned, controlled, directed, or acted for, or on behalf
of, a significant scam compound operation or enabling
service, including, but not limited to, fraudulent
recruitment, human trafficking \(including forced
criminality\), cyber-enabled fraud, or money-laundering.
\(b\) Sanctions Described.—
\(1\) Asset blocking.—The President may exercise all powers
granted to the President under the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection \(a\), including, to the extent
appropriate, the vessel of which the person is the beneficial
owner, if such property or interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
\(2\) Visas, admission, or parole.—
\(A\) In general.—An alien described in subsection \(a\) is—
\(i\) inadmissible to the United States;
\(ii\) ineligible for a visa or other documentation to enter
the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—An alien described in subsection \(a\) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
\(c\) Exceptions.—
\(1\) Exception to comply with international obligations.—
Sanctions described in subsection \(b\)\(2\) shall not apply with
respect to the admission of an alien if admitting or paroling
such alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
\(2\) Exceptions for human trafficking victims.—Sanctions
described in subsection \(b\) shall not apply with respect to a
person determined by the President to be a victim of
trafficking in persons within a scam compound, consistent
with section 102\(b\)\(19\) of the Trafficking Victims Protection
Act of 2000 \(22 U.S.C. 7101\(b\)\(19\)\).
\(d\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—The penalties set forth in subsections \(b\)
and \(c\) of section 206 of the International Emergency
Economic Powers Act \(50 U.S.C. 1705\) shall apply to any
person who violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206\(a\) of such Act \(50 U.S.C. 1705\(a\)\).
\(e\) Intelligence and Law Enforcement Activities.—Sanctions
authorized under this section shall not apply with respect
to—
\(1\) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 \(50 U.S.C.
3091 et seq.\); or
\(2\) any authorized intelligence or law enforcement
activities of the United States.
\(f\) Semiannual Report.—Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter for 7 years, the President shall submit a report
to the appropriate congressional committees that identifies—
\(1\) all foreign persons the President has sanctioned
pursuant to this section; and
\(2\) the dates on which such sanctions were imposed.
\(g\) Form.—The report required under subsection \(f\) shall
be submitted in an unclassified form, but may include a
classified annex.
\(h\) Exception Relating to Importation of Goods.—
\(1\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property
pursuant to subsection \(b\) shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
\(2\) Defined term.—In this subsection, the term “good”
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
\(i\) Waiver.—
\(1\) In general.—The President may waive the application of
sanctions under this section with respect to a foreign person
or a foreign financial institution if the President
determines that such waiver is in the national interest of
the United States.
\(2\) Report.—Not later than 15 days before granting a
waiver pursuant to paragraph \(1\), the President shall submit
a report to the appropriate congressional committees that
includes—
\(A\) the name of the individual or institution that is
benefitting from such waiver; and
\(B\) if the beneficiary is an individual, a detailed
justification explaining how the waiver serves the national
security interests of the United States.
\(3\) Form.—The report required under paragraph \(2\) shall be
submitted in an unclassified form, but may include a
classified annex .
SEC. 1279. REDRESS TO VICTIMS OF INTERNATIONAL SCAM COMPOUND
OPERATIONS.
\(a\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretary of State, the Secretary of the Treasury,
and the heads of other appropriate Federal departments and
agencies, shall submit to the appropriate congressional
committees a report containing an assessment of existing
forfeiture law that—
\(1\) outlines challenges or limitations to providing
financial redress to victims of international scam compound
operations;
\(2\) offers recommendations to amend existing forfeiture law
to enable the Department of Justice to use assets forfeited
as a result of law enforcement activities targeting
international scam compound operations to provide financial
redress to United States citizen victims of scam operations;
and
\(3\) offers recommendations for the administration of such a
redress mechanism.
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in an unclassified form.
SEC. 1280. SATELLITE IMAGERY ACCESS TO MONITOR HUMAN RIGHTS
ABUSES RELATED TO SCAM COMPOUNDS TO DISCOVER
THE PRESENCE OF HUMAN TRAFFICKING.
\(a\) Access to Satellite Imagery.—The Secretary of State is
authorized to provide nongovernmental organizations,
nonprofit organizations, and intergovernmental entities
access to current and archival high-resolution satellite
imagery to help advance efforts to combat scam compounds,
forced criminality, and human trafficking, including
monitoring and documenting observable activities at scam
compounds in Southeast Asia, which may be associated with
human trafficking, including forced labor or forced
criminality.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees that
includes—
\(1\) any terms and conditions applicable with respect to the
access authorized under subsection \(a\); and
\(2\) a list of each organization or entity that has been
provided access pursuant to subsection \(a\).
\(c\) Form.—The report required under subsection \(b\) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 1280A. SUNSET.
This subtitle shall cease to be effective beginning on the
date that is 7 years after the date of the enactment of this
Act.
SA 6534. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1270A. DISSEMINATION ABROAD OF INFORMATION ABOUT THE
UNITED STATES.
\(a\) United States Information and Educational Exchange Act
of 1948.—Section 501 of the United States Information and
Educational Exchange Act of 1948 \(22 U.S.C. 1461\) is amended
to read as follows:
“SEC. 501. GENERAL AUTHORIZATION.
“\(a\) Dissemination of Information Abroad.— The Chief
Executive Officer of the United States Agency for Global
Media \(referred to in this section as the \`USAGM CEO'\),
working through its component networks, is authorized to
provide for the preparation, and dissemination abroad, of
information about the United States, its people, and its
policies, through press, publications, radio, motion
pictures, the Internet, and other information media, and
through information centers, instructors abroad, and other
direct or indirect means of communication. Except as provided
in subsection \(b\), any such information \(other than \`Problems
of Communism' and the \`English Teaching Forum', which may be
sold by the Government Publishing Office\) may not be
disseminated within the United States, its territories, or
possessions. However, such information may be made available
in the English language at the Department of State, at all
reasonable times following its release as information abroad,
for examination only by representatives of United States
press associations, newspapers, magazines, radio systems, and
stations, and by research students and scholars, and on
request, shall be made available for examination by Members
of Congress.
“\(b\) Dissemination of Information Within the United
States.—
“\(1\) In general.—The USAGM CEO shall make available to
the Archivist of the United States \(referred to in this
subsection as the \`Archivist'\), for domestic distribution,
motion pictures, films, video, audio, and other materials
prepared for dissemination abroad beginning 12 years after
the date on which—
“\(A\) such material was initially disseminated abroad; or
“\(B\) the material was prepared, if such material was never
disseminated abroad.
“\(2\) Reimbursement.—The USAGM CEO shall be reimbursed for
any expenses resulting from the implementation of paragraph
\(1\). Such reimbursement shall be credited to the applicable
appropriation of the United States Agency for Global Media.
“\(3\) Responsibilities of the archivist.—The Archivist—
“\(A\) shall be the official custodian of the material
described in paragraph \(1\);
“\(B\) shall promulgate regulations to ensure that persons
seeking the release of such material—
“\(i\) have secured necessary United States rights and
licenses; and
“\(ii\) have paid a fee, in accordance with section 2116\(c\)
of title 44, United States Code, which is sufficient to cover
the costs incurred by the Archivist to provide such material
to such persons; and
“\(C\) all fees collected pursuant to subparagraph \(B\)\(ii\)
are paid into, administered, and expended as part of the
National Archives Trust Fund.
“\(c\) Rule of Construction.—Nothing in this section may be
construed to require the USAGM CEO to make material
disseminated abroad available in any format other than in the
format disseminated abroad.”.
\(b\) Foreign Relations Authorization Act, Fiscal Years 1986
and 1987.—
\(1\) In general.—Section 208 of the Foreign Relations
Authorization Act, Fiscal Years 1986 and 1987 \(22 U.S.C.
1461-1a\) is amended to read as follows:
“SEC. 208. BAN ON DOMESTIC ACTIVITIES OF THE UNITED STATES
AGENCY FOR GLOBAL MEDIA.
“\(a\) In General.—Except as provided in subsections \(b\)
and \(c\) and in section 501 of the United States Information
and Educational Exchange Act of 1948 \(22 U.S.C. 1461\)—
“\(1\) amounts appropriated to the United States Agency for
Global Media or its component networks \(referred to
collectively in this section as \`USAGM'\) may not be used to
influence public opinion in the United States; and
“\(2\) no program material prepared by USAGM may be
distributed within the United States.
“\(b\) Exemption.—The limitation under subsection \(a\) shall
not apply to programs carried out pursuant to the Mutual
Educational and Cultural Exchange Act of 1961 \(22 U.S.C. 2451
et seq.\).
“\(c\) Savings Provision.—Nothing in this section may be
construed to prohibit any employee of the United States
Agency for Global Media from responding to inquiries from
members of the public about USAGM operations, policies, or
programs.”.
\(2\) Clerical amendment.—The table of contents for the
Foreign Relations Authorization Act, Fiscal Years 1986 and
1987 \(22 U.S.C. 1461-1a\) is amended by striking the item
relating to section 208 and inserting the following:
“Sec. 208. Ban on domestic activities of the United States Agency for
Global Media.”.
SA 6535. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
Strike section 1019 and insert the following:
SEC. 1019. CONSTRUCTION OF VESSELS IN FOREIGN SHIPYARDS.
\(a\) Authority.—
\(1\) In general.—Notwithstanding section 8679 of title 10,
United States Code, the Secretary of Defense may construct
not more than two vessels for each class of covered vessels
in a foreign shipyard, if the Secretary determines that—
\(A\) such construction is in the national security interest
of the United States, supported by evidence, for purposes of
interoperability with allies and partners, forward logistics
support, or accelerating achievement of fleet capacity
requirements;
\(B\) the foreign country in which construction is proposed—
\(i\) is a treaty ally of the United States; and
\(ii\) has the capacity to produce the vessel, including with
respect to workforce, physical shipyard constraints, and
supply chain; and
\(C\) such construction ensures concurrent direct capital
investments in the maritime industrial base of the United
States resulting in, not later than the fourth vessel of the
class of covered vessels, the onshoring of the construction
and the supplier base of such class.
\(2\) Report and certification required.—Not later than 30
days before obligating or expending any funds pursuant to the
authority under paragraph \(1\), the Secretary of Defense shall
submit to the congressional defense committees a report that
includes the following:
\(A\) A certification that the conditions described in
subparagraphs \(A\), \(B\), and \(C\) of such paragraph will be
satisfied.
\(B\) An identification of—
\(i\) the specific vessel or class of vessels to be
constructed in a foreign shipyard; and
\(ii\) the specific foreign country and shipyard in which
construction is proposed.
\(C\) A description of the enforceable provisions that will
govern the protection of classified information and
controlled unclassified information related to the vessel
during construction.
\(D\) The sourcing plan and schedule to onshore the supply
chain and the plan for construction of the third and
subsequent vessels of the class of covered vessels in a
shipyard in the United States.
\(3\) Additional requirements.—In exercising the authority
under paragraph \(1\), the Secretary of Defense shall ensure
that—
\(A\) all critical mission systems, command and control
equipment, and secure communications systems are installed in
the United States or a secure allied facility;
\(B\) the vessels are projected to be constructed and
delivered faster than if the vessels were constructed at a
shipyard in the United States, or construction at a foreign
shipyard otherwise provides a material benefit to readiness
or force posture;
\(C\) the software and hardware related to all machinery
control systems, cargo and ballast control systems, power and
electrical systems, and safety systems are secure; and
\(D\) a life cycle sustainment plan is approved by the
Secretary for the class of covered vessels, including class-
standard repair parts.
\(4\) Prohibition on delegation.—The responsibility to
submit a certification under paragraph \(2\) may not be
delegated.
\(b\) Definitions.—In this section:
\(1\) Class of covered vessels.—The term “class of covered
vessels” means the following vessels that do not have
combatant classifications:
\(A\) Bulk fuel vessels designed or intended primarily for
the carriage of liquid fuels.
\(B\) Strategic sealift vessels designed to rapidly deploy
heavy military equipment globally in a roll-on/roll-off
configuration.
\(2\) Critical mission system.—The term “critical mission
system”, with respect to a vessel, means a system \(weapon or
auxiliary\) the failure of which would prevent the successful
completion of the mission or severely impact ability to
fight.
\(3\) Foreign shipyard.—The term “foreign shipyard” means
a shipyard located outside the United States.
SA 6536. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title V, add the following:
SEC. 587. INCLUSION OF CITIZENSHIP STATUS ON MILITARY
IDENTIFICATION CARDS.
The Secretary of Defense shall ensure that, not later than
October 1, 2027,the Common Access Card \(CAC\), Uniformed
Services ID \(USID\) card, and DD Form 214 include citizenship
status information. The information shall clearly indicate
the citizenship status, or lack thereof, of the card holder
or member filling out the form, as the case may be.
SA 6537. Mr. LEE \(for himself and Mr. Curtis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense
### activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. REPORT ON FIELDING OF LINK 16 TACTICAL DATA LINK
NETWORKING CAPABILITIES ON CERTAIN ARMY
AIRCRAFT.
\(a\) Report Required.—Not later than December 1, 2026, the
Secretary of the Army shall submit to the congressional
defense committees a report on the plans and actions of the
Army to field Link 16 tactical data link networking
capabilities on UH-60M and CH-47F aircraft.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) A description of the current and planned fielding of
Link 16 tactical data link networking capabilities on AH-64E,
UH-60M, and CH-47F aircraft.
\(2\) An assessment of how Link 16 tactical data link
networking capabilities on AH-64E, UH-60M, and CH-47F
aircraft contribute to the Army's next generation command and
control efforts.
\(3\) An assessment of how such capabilities support
interoperability among Army rotary-wing aircraft, joint force
platforms, and allied and partner platforms.
\(4\) An assessment of the operational benefits of fielding
Link 16 tactical data link networking capabilities on UH-60M
and CH-47F aircraft, including with respect to safety of
flight, situational awareness, contested logistics, and
operations involving manned and unmanned platforms operating
in shared airspace.
\(5\) A description of any technical, operational,
programmatic, budgetary, or policy barriers to fielding Link
16 tactical data link networking capabilities on UH-60M and
CH-47F aircraft.
\(6\) A plan and timeline for addressing such barriers and
fielding such capabilities, as appropriate.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
annex.
SA 6538. Mr. LEE \(for himself and Mr. Curtis\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title III, add the following:
SEC. 358. EXCEPTION TO REQUIREMENT FOR DEPOSIT AND USE OF
PROCEEDS FROM LEASES IN CASE OF CERTAIN IN-KIND
CONSIDERATION.
Section 2667\(e\)\(1\)\(B\) of title 10, United States Code, is
amended by adding at the end the following new clause:
“\(iii\) In-kind consideration accepted with respect to a
lease entered into under this section that is held in a
Federally-insured deposit account owned by a State or a
political subdivision of a State with respect to which the
State or political subdivision acts as a trustee for the
account with a fiduciary duty to the United States upon such
terms as the Secretary approves.”.
SA 6539. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of title XII, add the following:
Subtitle F—Arctic Security and Diplomacy Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the “Arctic Security and
Diplomacy Act”.
SEC. 1282. FINDINGS.
Congress finds the following:
\(1\) The United States is an Arctic nation by virtue of the
State of Alaska.
\(2\) The Arctic is a critical domain for the security and
sovereignty of the United States and faces elevated risks
related to the threats of territorial expansion and
violation, influence operations, sabotage of critical
undersea infrastructure, and espionage by foreign
adversaries, particularly the People's Republic of China and
the Russian Federation.
\(3\) The Russian Federation holds a significant portion of
the Arctic, accounting for approximately 53 percent of the
Arctic Ocean coastline, and has significantly expanded its
military basing infrastructure and capabilities in the
region.
\(4\) In 2018, the People's Republic of China declared that
it is a “Near-Arctic State” with significant interests in
the Arctic and is attempting to become a “polar great
power” through economic expansion, scientific investments,
and dual-use civilian and military infrastructure.
\(5\) The Russian Federation is cooperating with the People's
Republic of China to establish a “Polar Silk Road” in the
Arctic, and the two countries are working together to
strengthen cooperation in polar shipbuilding and ship
technology.
\(6\) The People's Republic of China has made multiple
attempts to gain strategic footholds in the Arctic, has
research stations in Norway's Svalbard archipelago and in
Iceland, and consistently attempts to co-opt and manipulate
civilian science and research activities, university
partnerships, and multilateral science and research
initiatives throughout the Arctic.
\(7\) The People's Republic of China has observer status on
the Arctic Council, has significantly increased diplomatic
engagement with Nordic countries, and uses investments in
cooperative marine scientific research as a form of soft
power in the Arctic.
\(8\) The People's Republic of China engages in extensive
marine surveying, much of which has dual-use risk for
military applications, including seabed mapping, NATO asset
monitoring, and other espionage-related activity.
\(9\) The Russian Federation and the People's Republic of
China have overlapping priority interests in the Arctic,
though each have their own distinct interests with associated
challenges.
\(10\) In 2022, the Danish Security and Intelligence Service
reported several attempts at espionage by the People's
Republic of China against Denmark, Greenland, and the Faroe
Islands.
\(11\) In 2024, the Canadian Security Intelligence Service
warned of espionage activity by the People's Republic of
China and the Russian Federation, and the Canadian military
discovered and removed buoys in the Arctic owned by the
People's Republic of China.
\(12\) In 2025, the head of the National Police Commission in
Iceland warned that the China-Iceland Arctic Science
Observatory poses dual-use risks and may be used for
espionage.
\(13\) The 2026 Annual Threat Assessment by the intelligence
community describes the Russian Federation as “our primary
challenge in the Arctic . . . Moscow is seeking to expand and
deepen its presence in the Arctic through increased maritime
trade, natural resource extraction, and military activity,”
while warning that the People's Republic of China “seeks to
expand its Arctic presence using scientific research,
investments, and commercial ventures along the Northern Sea
Route.”
\(14\) The 2025 NATO Maritime Strategy highlighted the
Russian Federation's military build-up in the Arctic and use
of hybrid threats like sabotage against critical undersea
infrastructure, while warning that the People's Republic of
China “is pursuing a military build-up, including rapidly
expanding its naval capabilities, increasing its use of dual-
use military-scientific vessels and surging its presence in
the High North and the Arctic, while remaining opaque about
its intentions.”
\(15\) According to the Department of Homeland Security, an
unprecedented number of military and research vessels of the
People's Republic of China are operating in or near United
States Arctic waters.
\(16\) On May 22, 2026, at the NATO Foreign Ministerial in
Sweden, the Arctic allies, consisting of Canada, the Kingdom
of Denmark, Finland, Iceland, the Kingdom of Norway, the
Kingdom of Sweden, and the United States, issued a joint
statement which stated that “With Russia's increased
military activity and China's growing strategic interest, we
seek to bolster stability in the Arctic region” and
“recognize the importance of economic and resource
development in the Arctic and have tasked our experts to
coordinate more closely on these issues . . . to achieve our
common goal of a safe, prosperous, and peaceful Arctic”;
\(17\) It is in the interests of Arctic countries to
cooperatively limit the ability of the Russian Federation and
the People's Republic of China to conduct further espionage
in the Arctic.
\(18\) It is in the interest of the United States to
encourage marine scientific research, as President Ronald
Reagan noted in his Statement on United States Oceans Policy
on March 10, 1983.
SEC. 1283. DEFINITIONS.
In this subtitle:
\(1\) Agency.—The term “agency” has the meaning given the
term “Executive agency” in section 105 of title 5, United
States Code.
\(2\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate; and
\(B\) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives.
\(3\) Arctic.—The term “Arctic” has the meaning given that
term in section 112 of the Arctic Research and Policy Act of
1984 \(15 U.S.C. 4111\).
\(4\) Covered activities.—The term “covered activities”
means marine surveys that may pose dual-use risks for
civilian and military applications, including—
\(A\) exploration of natural resources;
\(B\) seabed mapping, hydrographic surveys, and oceanographic
surveys;
\(C\) data collection related to subsea assets and
infrastructure;
\(D\) operation of unmanned maritime systems; and
\(E\) any other activity designated by the Secretary of State
as posing a risk to national security.
\(5\) Covered vessel.—The term “covered vessel” means a
foreign vessel that—
\(A\) is a vessel of a foreign adversary; or
\(B\) the Secretary of State reasonably believes to be
associated with a foreign adversary in a manner that
threatens the security of the United States.
\(6\) Exclusive economic zone.—The term “exclusive economic
zone” means, with respect to the United States, including
the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American Samoa, the United
States Virgin Islands, and any other territory or possession
over which the United States exercises sovereignty, the zone
seaward of and adjacent to the territorial sea, including the
contiguous zone, and extending 200 nautical miles from the
territorial sea baseline \(except where otherwise limited by
treaty or other agreement recognized by the United States\) in
which the United States has sovereign rights and
jurisdiction.
\(7\) Foreign adversary.—The term “foreign adversary”
means any foreign government or foreign nongovernment person
engaged in a long-term pattern or serious instances of
conduct significantly adverse to the national security of the
United States or the security and safety of United States
persons, including—
\(A\) the Democratic People's Republic of Korea;
\(B\) the Islamic Republic of Iran;
\(C\) the People's Republic of China; and
\(D\) the Russian Federation.
\(8\) Foreign vessel.—The term “foreign vessel” means any
vessel that is—
\(A\) owned, operated, or chartered by a foreign government;
\(B\) owned or controlled by an entity organized under the
laws of, headquartered in, or otherwise subject to the
jurisdiction of a foreign country; or
\(C\) registered under the flag of a foreign country.
\(9\) Intelligence community.—The term “intelligence
community” has the meaning given that term in section 3 of
the National Security Act of 1947 \(50 U.S.C. 3003\).
\(10\) Marine scientific research.—The term “marine
scientific research” means any activity that is—
\(A\) undertaken in the ocean to expand knowledge of the
marine environment and its processes, including data
collection activities; and
\(B\) regulated by the United States under the Presidential
Proclamation on Revision to United States Marine Scientific
Research Policy of September 2020.
\(11\) Territorial sea.—The term “territorial sea” means
the waters extending to 12 nautical miles from the baselines
of the United States.
\(12\) United states waters.—The term “United States
waters” means—
\(A\) the territorial sea of the United States;
\(B\) the exclusive economic zone of the United States; and
\(C\) the continental shelf of the United States, as it
pertains to marine scientific research and other activities
on the seabed or subsoil.
SEC. 1284. STATEMENT OF POLICY.
It is the policy of the United States—
\(1\) to limit espionage and influence operations by foreign
adversaries in the Arctic and in United States waters;
\(2\) to inform allied countries with a presence in the
Arctic about the espionage and influence operations of
foreign adversaries in the Arctic, including espionage
through covered activities;
\(3\) to condition support from the Federal Government for
marine surveys on cooperation with counterespionage in the
Arctic and in United States waters, including limitations on
information sharing of data obtained through covered
activities in the Arctic and in United States waters; and
\(4\) to leverage all appropriate diplomatic means available
to ensure the security of the Arctic and the sovereignty of
United States waters through the enforcement of section 1286,
including through—
\(A\) demarches;
\(B\) public condemnations;
\(C\) diplomatic sanctions;
\(D\) coordination of multilateral diplomatic pressure;
\(E\) any other diplomatic means authorized by law; and
\(F\) maintaining robust participation of the United States
in the Arctic Council to limit Chinese and Russian efforts to
undermine the interests of the United States in the Arctic.
SEC. 1285. STRATEGY.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of the elements of the
intelligence community and the Secretary of Homeland
Security, shall produce a strategy to identify and combat
espionage and influence operations by foreign adversaries in
the Arctic.
\(b\) Elements.—The strategy required by paragraph \(1\) shall
include—
\(1\) identifying and countering espionage activities in the
Arctic;
\(2\) diplomatic methods to enforce section 1286; and
\(3\) as appropriate, enlistment of and coordination with
allied countries that have a presence in the Arctic to combat
espionage by foreign adversaries.
SEC. 1286. MARINE SCIENTIFIC RESEARCH IN UNITED STATES
WATERS.
\(a\) In General.—No foreign scientist may conduct a marine
scientific research project in United States waters without
prior consent from the United States Government provided in
accordance with this section and with appropriate
international customs.
\(b\) Requirements; Applications.—The Secretary of State, in
coordination with the heads of the elements of the
intelligence community and the Secretary of Homeland
Security, shall—
\(1\) require foreign vessels to obtain prior consent to
conduct marine scientific research in United States waters;
and
\(2\) implement a process for reviewing applications for such
consent.
\(c\) Information Sharing.—To facilitate the process for
reviewing applications to conduct marine scientific research
under this section, the head of each agency shall share
information related to such marine scientific research with
the Department of State unless otherwise prohibited by law.
\(d\) Prohibition on Covered Vessels.—Except as provided in
subsection \(e\) or as necessary to abide by appropriate
international customs, applications submitted under this
section for any covered vessels shall not be approved.
\(e\) National Interest Waiver.—
\(1\) In general.—The Secretary of State may waive the
prohibition in subsection \(d\) on an individual basis if the
Secretary determines that doing so is the national interest
of the United States.
\(2\) Notice required.—Not later than 5 days after any
issuance of a waiver under paragraph \(1\), the Secretary of
State shall submit to the appropriate committees of Congress
written notice describing the waiver.
\(f\) Congressional Notification.—
\(1\) In general.—Not later than 15 days after the Secretary
of State determines a violation of subsection \(a\) has
occurred, the Secretary shall notify the appropriate
committees of Congress of such violation, in classified form.
\(2\) Elements.—Notice described in paragraph \(1\) shall
include—
\(A\) the country affiliation of the foreign scientist;
\(B\) the nature of the violation; and
\(C\) subsequent action by the Federal Government to address
the violation.
\(g\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate committees of Congress a report that
details—
\(1\) how the requirements of this section compare to the
requirements of existing multilateral marine scientific
research consent regimes; and
\(2\) the staffing and resources necessary for the Department
of State to review applications under such consent regime in
a manner that is timely and continues to encourage marine
scientific research and scientific diplomacy.
SEC. 1287. REPORT.
\(a\) In General.—Not later than 1 year after the date of
the enactment of this Act, the Secretary of State, in
coordination with the heads of the elements of the
intelligence community and the Secretary of Homeland
Security, shall submit to the appropriate committees of
Congress a report on espionage and influence operations by
foreign adversaries in the Arctic and in United States
waters.
\(b\) Elements.—The report required by subsection \(a\) shall
include the following:
\(1\) An assessment of the extent to which covered activities
support espionage and influence operations by foreign
adversaries in the Arctic and in United States waters.
\(2\) A description of United States Government support for
covered activities in the Arctic that involve foreign
adversaries, including—
\(A\) funding;
\(B\) public-private partnerships;
\(C\) maritime security;
\(D\) technical assistance;
\(E\) information sharing;
\(F\) scientific research; and
\(G\) any other form of material or technical support.
\(3\) A description of efforts by the Secretary of State to
enlist allied countries with a presence in the Arctic to
combat espionage in the Arctic by foreign adversaries.
\(4\) Recommendations for combating such espionage.
\(5\) An assessment of the feasibility and potential utility
of establishing a formal Arctic security information-sharing
framework, under a new or existing framework or mechanism,
among allied Arctic countries, as appropriate, such as
Canada, the Kingdom of Denmark \(including Greenland\), the
Kingdom of Norway, Finland, the Kingdom of Sweden, and
Iceland, including mechanisms for the exchange of information
and joint identification of dual-use maritime scientific
activity, and the development of shared watchlists of high-
risk vessels, entities, and individuals.
\(6\) An analysis of how existing multilateral agreements
combat espionage and influence operations in the Arctic.
\(c\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form but may contain a classified
annex.
\(d\) Availability.—The report required by subsection \(a\)
shall be made available on request to any Member of Congress.
SA 6540. Mr. LEE \(for himself and Ms. Duckworth\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle B of title V, add the following:
SEC. 508. TREATMENT OF FUNDS RECEIVED BY NATIONAL GUARD
BUREAU AS REIMBURSEMENT FROM STATES.
Section 710 of title 32, United States Code, is amended by
adding at the end the following new subsection:
“\(g\) Any funds received by the National Guard Bureau from
a State, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, or the Virgin Islands as reimbursement under
this section for the use of military property—
“\(1\) shall be credited to—
“\(A\) the appropriation, fund, or account used in incurring
the obligation; or
“\(B\) an appropriate appropriation, fund, or account
currently available for the purposes for which the
expenditures were made; and
“\(2\) may only be used by the Department of Defense for the
repair, maintenance, or other similar functions related
directly to assets used by National Guard units while
operating under State active duty status.”.
SA 6541. Mr. MORAN \(for himself and Mr. Cotton\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle B of title I, insert
the following:
SEC. \_\_. AUTHORITY TO ENTER INTO LONG-TERM LEASES FOR HIGH
ACCURACY DETECTION AND EXPLOITATION SYSTEM
AIRCRAFT.
\(a\) Authority.—In accordance with section 3671\(b\)\(1\)\(A\) of
title 10, United States Code, the Secretary of the Army may
enter into one or more contracts for the long-term lease or
charter \(as defined in section 3674 of such title\) of
aircraft and associated mission equipment, service, and
support for the High Accuracy Detection and Exploitation
System \(HADES\) program.
\(b\) Contract Terms and Conditions.—A contract entered into
under subsection \(a\)—
\(1\) shall not exceed ten years, including options;
\(2\) may include an option—
\(A\) to purchase the leased aircraft, in whole or in part,
at any time beginning after the start of the fifth year of
the contract; and
\(B\) to acquire title to all leased aircraft for any price,
whether nominal or reasonable, as determined by the Secretary
at the end of the contract period of performance;
\(3\) notwithstanding section 3671\(a\)\(1\)\(B\) of title 10,
United States Code, shall include a provision, exercisable on
an annual basis, that authorizes the Secretary to terminate
the contract for the convenience of the Government and to
return the aircraft to the contractor, with such termination
liability as the Secretary determines to be in the best
interest of the United States; and
\(4\) may include such other terms and conditions as the
Secretary determines necessary to protect the interests of
the United States.
\(c\) Funding.—Notwithstanding section 3675 of title 10,
United States Code—
\(1\) a contract entered into under subsection \(a\) shall be
treated, for the purposes of obligation of appropriations, as
an operating lease \(as defined in Appendix B to Office of
Management and Budget Circular A-11\), with budget authority
required only in the amount of the payments due in each
fiscal year, plus any cancellation or termination liability
for that fiscal year;
\(2\) funds appropriated to the Department of the Army for
operation and maintenance may be obligated and expended to
carry out a contract entered into under subsection \(a\),
including for any return-to-service fees, monthly service
charges, and associated mission support costs; and
\(3\) in accordance with section 3672\(a\) of such title, funds
are authorized to be appropriated to the Department of the
Army for the purpose of entering into and carrying out a
long-term lease or charter under subsection \(a\), subject to
available appropriations.
\(d\) Advance Obligation Not Required.—The Secretary shall
not be required to obligate in the first year of the contract
the total amount of the lease, the estimated termination
liability, or the net present value of all lease payments.
\(e\) Pre-award Congressional Notification.—In lieu of the
congressional notification requirements in sections 3671\(b\),
3672\(b\), and 3677 of title 10, United States Code, not later
than 30 days before entering into a contract under subsection
\(a\), the Secretary of the Army shall submit to the
congressional defense committees a notification that includes
the following:
\(1\) A description of the proposed contract, including the
number of aircraft, contract term, and total estimated cost.
\(2\) A comparison of the projected life-cycle cost of the
lease to the projected life-cycle cost of an equivalent
procurement.
\(3\) A description of how the contract advances the
intelligence, surveillance, and reconnaissance requirements
of the Army.
\(f\) Sunset.—
\(1\) Authority to enter into new contracts.—The authority
of the Secretary to enter into a new contract under
subsection \(a\) shall expire on September 30, 2030.
\(2\) Continuation of existing contracts.—The expiration of
authority to enter into new contracts under this subsection
shall not affect the validity or enforceability of, or the
authority of the Secretary to perform, administer, or
terminate, any contract entered into under subsection \(a\) on
or before September 30, 2030, including any options or
extensions exercised pursuant to the original terms of such
contract.
SA 6542. Mrs. CAPITO \(for herself and Mr. Whitehouse\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1. SENSE OF CONGRESS RELATING TO THE CORPS OF
ENGINEERS.
It is the sense of Congress that—
\(1\) the Corps of Engineers provides critical support to
communities across the nation through the Civil Works mission
of the agency; and
\(2\) enactment of biennial water resources development
legislation is necessary to ensure the timely authorization
of water resources development studies and projects carried
out by the Corps of Engineers.
SA 6543. Ms. ALSOBROOKS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title V, add the following:
SEC. 549F. DEFENSE INFORMATION SCHOOL: AUTHORITY TO GRANT
ASSOCIATE'S DEGREE IN COMMUNICATIONS.
\(a\) Authority.—Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
“Sec. 2169a. Defense Information School: degree of associate
of arts
“\(a\) Degree Granting Authority.—Pursuant to regulations
prescribed by the Secretary of Defense, the Commandant of the
Defense Information School may confer upon a student of the
Defense Information School an associate of arts degree in
communications.
“\(b\) Limitation.—A degree may be conferred upon a student
under this section only after the Provost of the Defense
Information School certifies to the Commandant that the
student has satisfied all the requirements prescribed for the
degree.”.
\(b\) Reporting.—
\(1\) Report required.—Not later than one year after the
date of the enactment of this Act, and annually thereafter,
subject to termination under paragraph \(3\), the Secretary of
Defense shall submit to the congressional defense committees
a report regarding the implementation of section 2169a of
such title, as added by subsection \(a\).
\(2\) Elements.—A report under this subsection shall include
the plan and timeline of the Secretary to carry out such
implementation.
\(3\) Termination.—The report under this subsection shall
terminate on the day that the Commandant of the Defense
Information School first confers a degree under such section.
SA 6544. Ms. ALSOBROOKS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
In section 342\(b\), add at the end the following:
\(6\) include an assessment, prepared in collaboration with
the Federal Aviation Administration, of any security risks
posed by air
traffic control systems being defined, developed, tested,
procured, or implemented through the “Brand New Air Traffic
Control System”, including risks or vulnerabilities posed by
any legal or business relationship of a supporting third
party with a country listed in section 202.601 of title 28,
Code of Federal Regulations \(as in effect on the date of the
enactment of this Act\) or any entity owned or controlled by
such a country.
SA 6545. Ms. ALSOBROOKS submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title VI, add the following:
SEC. 624. USE OF COMMISSARY STORES BY EMPLOYEES OF DEPARTMENT
OF DEFENSE EDUCATION ACTIVITY AND MILITARY
CHILD AND YOUTH PROGRAMS.
Section 1066\(a\) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
“\(3\) An employee of the Department of Defense Education
Activity or a military child and youth program may be
permitted to use commissary stores on the same basis as
members of the armed forces on active duty.”.
SA 6546. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1094. DISCLOSURES AND REPORTS REGARDING ARTIFICIAL
INTELLIGENCE-RELATED JOB IMPACTS.
\(a\) Covered Entity Disclosures.—
\(1\) In general.—Not more than 30 days after the last day
of each quarter, a covered entity shall, with respect to such
quarter, disclose to the Secretary any artificial
intelligence-related job impact experienced by the entity in
the United States \(including any territory or possession of
the United States\), including—
\(A\) the number of individuals laid off by the covered
entity in the United States \(including any territory or
possession of the United States\) during the quarter that are
substantially due to the replacement or automation by
artificial intelligence of the functions performed by such
individuals;
\(B\) the number of individuals hired by the covered entity
in the United States \(including any territory or possession
of the United States\) during the quarter that are
substantially due to the incorporation of artificial
intelligence;
\(C\) the number of positions of the covered entity in the
United States \(including any territory or possession of the
United States\) that were occupied at any point during the
prior quarter for which the covered entity has decided not to
fill based on a reason that is substantially due to the
replacement or automation by artificial intelligence of the
functions of such positions;
\(D\) the number of individuals in the United States
\(including any territory or possession of the United States\)
whom the covered entity is retraining, or assisting in
retraining, based on a reason that is substantially due to
artificial intelligence; and
\(E\) any other information related to artificial
intelligence-related job impacts, as determined appropriate
by the Secretary.
\(2\) NAICS codes.—With respect to each artificial
intelligence-related job impact disclosure under paragraph
\(1\), the covered entity shall provide in such disclosure the
corresponding North American Industry Classification System
codes.
\(3\) Surveys.—
\(A\) In general.—As determined appropriate by the
Secretary, the Secretary may—
\(i\)\(I\) revise an existing survey conducted by the Secretary
as of the date of enactment of this Act to incorporate the
disclosures required under this subsection into such a
survey; or
\(II\) collaborate with the Bureau of the Census to revise an
existing survey conducted by the Bureau of the Census as of
the date of enactment of this Act, or an existing survey
conducted as of such date of enactment by the Secretary in
partnership with the Bureau of the Census, to incorporate the
disclosures required under this subsection into such a
survey; and
\(ii\) allow covered entities to comply with the requirements
of this subsection by making such disclosures through such
survey.
\(B\) Bureau of the census surveys.—In the case the
disclosures required under this subsection are incorporated
pursuant to subparagraph \(A\) into a survey conducted by the
Bureau of the Census that is not a survey conducted in
partnership with the Secretary, the Bureau of the Census
shall, for each quarter, share the data from such disclosures
with the Secretary in order for the Secretary to prepare the
reports required under subsection \(b\).
\(b\) Department of Labor Reports.—The Secretary, in
consultation with the Director of the Office of Management
and Budget and the Director of the Office of Personnel
Management, shall—
\(1\) for each quarter, prepare a report—
\(A\) summarizing the data from disclosures submitted under
subsection \(a\) during the quarter; and
\(B\) for the quarter ending on December 31, summarizing such
data for the calendar year;
\(2\) for every other quarter, prepare a report analyzing the
net impact of the data contained in the report under
paragraph \(1\) for such quarter and for the preceding quarter,
and any other relevant data available to the Secretary with
respect to artificial intelligence-related job impacts; and
\(3\) not more than 60 days after the last day of each
quarter—
\(A\) publish each report prepared for the quarter under
paragraph \(1\) and, as applicable, paragraph \(2\), and the data
underlying such reports on the website of the Bureau of Labor
Statistics; and
\(B\) submit each such report to Congress.
\(c\) Application to Non-Publicly-Traded Companies.—
\(1\) In general.—Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Securities and Exchange Commission and the Secretary of
the Treasury, shall issue regulations to determine the extent
to which non-publicly-traded companies shall be included as
subject to the reporting requirements under subsection \(a\).
\(2\) Scope of rulemaking.—The regulations issued under this
subsection shall—
\(A\) identify for such inclusion categories of non-publicly-
traded companies that have a significant workforce, estimated
enterprise value, or employment impact on a regional or
national basis;
\(B\) consider for such inclusion thresholds with respect to
non-publicly-traded companies, such as—
\(i\) the number of employees employed by such companies;
\(ii\) the annual revenue of such companies; or
\(iii\) the industry classification under the North American
Industry Classification System for such companies;
\(C\) ensure that any reporting requirements under subsection
\(a\) applicable to a non-publicly-traded company are
proportionate to the size and capacity of such company; and
\(D\) establish procedures for the confidential submission
and publication of data of non-publicly-traded companies in
order to protect the proprietary or personally identifiable
information of such companies.
\(3\) Public comment.—In issuing the regulations under this
subsection, the Secretary shall provide for notice and
comment in accordance with section 553 of title 5, United
States Code.
\(d\) Definitions.—In this section:
\(1\) Artificial intelligence.—The term “artificial
intelligence” has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 \(15 U.S.C. 9401\).
\(2\) Covered entity.—The term “covered entity” means—
\(A\) an entity that is—
\(i\) a publicly-traded company; or
\(ii\) an agency, as defined in section 551 of title 5,
United States Code; and
\(B\) an entity that—
\(i\) is a non-publicly-traded company; and
\(ii\) is identified by the Secretary through regulations
issued under subsection \(c\) for inclusion as subject to the
requirements under subsection \(a\).
\(3\) Non-publicly-traded company.—
\(A\) In general.—The term “non-publicly-traded company”
means a business entity engaged in interstate commerce that—
\(i\) is not an issuer, the securities of which are listed on
a national securities exchange; and
\(ii\) is not otherwise required to file reports with the
Securities and Exchange Commission under section 13 or 15\(d\)
of the Securities Exchange Act of 1934 \(15 U.S.C. 78m;
78o\(d\)\).
\(B\) Securities definitions.—In this paragraph—
\(i\) the terms “exchange”, “issuer”, and “security”
have the meanings given those terms in section 3\(a\) of the
Securities Exchange Act of 1934 \(15 U.S.C. 78c\(a\)\); and
\(ii\) the term “national securities exchange” means an
exchange registered pursuant to section 6 of the Securities
Exchange Act of 1934 \(15 U.S.C. 78f\).
\(4\) Publicly-traded company.—The term “publicly-traded
company” has the meaning given the term in section 5003\(a\)
of the American Rescue Plan Act of 2021 \(15 U.S.C. 9009c\(a\)\).
\(5\) Quarter.—The term “quarter” has the meaning given
the term “calendar quarter” in section 5061\(d\)\(4\)\(C\) of the
Internal Revenue Code of 1986.
\(6\) Secretary.—The term “Secretary” means the Secretary
of Labor, acting through the Commissioner of Labor
Statistics.
SA 6547. Mr. CRAMER \(for himself and Mr. Warner\) submitted an amendment intended to be proposed by him
to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 1271. EXTENSION OF AUTHORITY OF EXPORT-IMPORT BANK OF
THE UNITED STATES.
\(a\) In General.—Section 7 of the Export-Import Bank Act of
1945 \(12 U.S.C. 635f\) is amended by striking “December 31,
2026” and inserting “February 28, 2027”.
\(b\) Program on China and Transformational Exports.—Section
2\(l\)\(3\)\(C\) of the Export-Import Bank Act of 1945 \(12 U.S.C.
635\(l\)\(3\)\(C\)\) is amended by striking “December 31, 2026”
each place it appears and inserting “February 28, 2027”.
SA 6548. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . NUCLEAR ENERGY LAUNCH PAD.
Section 958 of the Energy Policy Act of 2005 \(42 U.S.C.
16278\) is amended—
\(1\) by redesignating subsection \(g\) as subsection \(h\); and
\(2\) by inserting after subsection \(f\) the following:
“\(g\) Nuclear Energy Launch Pad.—
“\(1\) Definitions.—In this subsection:
“\(A\) Advanced nuclear technology.—The term \`advanced
nuclear technology' includes—
“\(i\) an advanced nuclear reactor; and
“\(ii\) a nuclear fuel cycle facility.
“\(B\) Assistant secretary.—The term \`Assistant Secretary'
means the Assistant Secretary for Nuclear Energy.
“\(C\) Eligible private entity.—The term \`eligible private
entity' means a private entity that the Assistant Secretary
determines has an adequately mature design for, sufficient
financial resources and expertise in, and a high chance of
success in testing or demonstrating the commercial
feasibility of advanced nuclear technologies.
“\(D\) Launch pad.—The term \`Launch Pad' means the Nuclear
Energy Launch Pad established by paragraph \(2\).
“\(E\) Nuclear energy launch pad zone.—The term \`Nuclear
Energy Launch Pad Zone' means a Nuclear Energy Launch Pad
Zone designated by the Assistant Secretary under paragraph
\(3\).
“\(2\) Establishment.—There is established within the
Office of Nuclear Energy a program, to be known as the
\`Nuclear Energy Launch Pad', as a component of the program
under subsection \(a\).
“\(3\) Nuclear energy launch pad zones.—
“\(A\) In general.—In carrying out the Launch Pad, the
Assistant Secretary shall identify and designate secure,
authorized areas of Federal land, including land owned or
controlled by the Department and National Laboratory sites as
Nuclear Energy Launch Pad Zones for the purpose of testing
and demonstrating the commercial feasibility of advanced
nuclear technologies by eligible private entities under
authorities of the Department, including nuclear fuel cycle
facilities necessary to support the testing and demonstration
of other advanced nuclear technologies, to enable access to
streamlined licensing opportunities and facilitate transition
to commercial operation under Nuclear Regulatory Commission
authorities after testing and demonstration activities are
complete.
“\(B\) Additional pathways.—In addition to Nuclear Energy
Launch Pad Zones designated under subparagraph \(A\), the
Assistant Secretary shall, in carrying out the Launch Pad,
provide a pathway for testing and demonstrating the
commercial feasibility of advanced nuclear technologies by
eligible private entities under the authorities of the
Department at non-Federal sites, which, on completion of the
pathway, shall also be designated as Nuclear Energy Launch
Pad Zones.
“\(4\) Responsibilities and development activities.—The
Assistant Secretary shall ensure the success and acceleration
of testing and demonstration projects within Nuclear Energy
Launch Pad Zones by carrying out each of the following
activities in Nuclear Energy Launch Pad Zones located on land
owned or controlled by the Department and National Laboratory
sites:
“\(A\) Basic infrastructure.—Providing to the extent
practicable, basic access infrastructure to eligible private
entities selected under paragraph \(5\)\(A\), including roads,
electric power, water, and fiber optic communication
connectivity.
“\(B\) Land characterization.—Carrying out land
characterization and assessment activities through the
program under subsection \(a\), as appropriate, necessary to
facilitate accelerated deployment, including biological,
cultural, and other environmental surveys required for the
testing and demonstration of advanced nuclear technologies.
“\(5\) Private entity solicitation and selection.—
“\(A\) Competitive process.—
“\(i\) In general.—The Assistant Secretary, acting through
the program under subsection \(a\), shall solicit and select
eligible private entities for participation in the Launch Pad
through an advertised, competitive process designed to select
the most promising advanced nuclear technologies.
“\(ii\) Initial solicitations.—Not later than 180 days
after the date of enactment of this paragraph, the Assistant
Secretary shall—
“\(I\) finalize the competitive process required under
clause \(i\); and
“\(II\) begin soliciting eligible private entities pursuant
to that clause.
“\(B\) Agreements.—
“\(i\) In general.—The Assistant Secretary shall seek to
enter into flexible agreements with eligible private entities
selected under subparagraph \(A\) to grant rights of use,
occupancy, and operation within Nuclear Energy Launch Pad
Zones.
“\(ii\) Inclusions.—An agreement under clause \(i\) may take
the form of—
“\(I\) an enhanced use lease;
“\(II\) a transaction authorized under section 646\(g\) of the
Department of Energy Organization Act \(42 U.S.C. 7256\(g\)\);
“\(III\) a Strategic Partnership Project agreement with the
Department's management and operations contractor for a
National Laboratory; or
“\(IV\) any other contractual instrument that the Assistant
Secretary determines appropriate for a given project.
“\(6\) Streamlined licensing pathways.—The Assistant
Secretary shall seek to leverage the existing Department
authorities for advanced nuclear technologies and the
existing framework for coordination with the Nuclear
Regulatory Commission, including the memorandum of
understanding between the Department and the Nuclear
Regulatory Commission relating to nuclear energy innovation
and effective on October 7, 2019 \(including subsequent
addenda to that memorandum\), or, if necessary, may enter into
a new memorandum of understanding to provide for expedited
licensing pathways for advanced nuclear technologies that are
tested or demonstrated under the Launch Pad.
“\(7\) DoE authorities.—A facility constructed and operated
under the Launch Pad for testing and demonstration purposes
shall be considered to be under contract with and for the
account of the Department for purposes of section 110 a. of
the Atomic Energy Act of 1954 \(42 U.S.C. 2140\(a\)\).
“\(8\) Non-federal cost responsibility.—Eligible private
entities selected to participate in the Launch Pad under
paragraph \(5\)\(A\) shall bear the full costs of design,
construction, operation, and decommissioning of advanced
nuclear technologies authorized under the Launch Pad.
“\(9\) Financial assurance.—
“\(A\) In general.—The Assistant Secretary may require, as
a condition of an agreement under paragraph \(5\)\(B\)\(i\), that
an eligible private entity provide financial assurance in
such form, amount, and duration as the Assistant Secretary
determines appropriate to ensure the fulfillment of
obligations to the Department in the event of abandonment,
default, or other failure to perform.
“\(B\) Types of assurance; phased basis.—Financial
assurance under this paragraph—
“\(i\) may include surety bonds, letters of credit,
insurance, parent company guarantees, or other financial
instruments acceptable to the Assistant Secretary; and
“\(ii\) may be established on a phased basis in accordance
with project development milestones, including to cover
decommissioning, site restoration, and related costs.
“\(10\) Savings provision.—Nothing in this subsection
limits or otherwise diminishes the statutory authority of the
Secretary under the Atomic Energy Act of 1954 \(42 U.S.C. 2011
et seq.\) or any other provision of law, including with
respect to activities performed off of Federal Government-
owned or Federal Government-controlled sites.”.
SA 6549. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle A of title IV, add the following:
SEC. 402. EXCLUSION FROM ACTIVE-DUTY PERSONNEL END STRENGTH
LIMITATIONS OF CERTAIN MILITARY PERSONNEL.
\(a\) Exclusion.—Except as provided in subsection \(d\),
members of the Armed Forces on active duty who are assigned
to an entity specified in subsection \(b\) for any of the
duties specified in subsection \(c\) shall not count toward any
end strength limitation for active-duty personnel otherwise
applicable to members of the Armed Forces on active duty.
\(b\) Specified Entities.—The entities specified in this
subsection are the following:
\(1\) The military departments.
\(2\) The Defense Security Cooperation Agency.
\(3\) The combatant commands.
\(c\) Specified Duties.—The duties specified in this
subsection are the following:
\(1\) Duty in connection with the Foreign Military Sales
\(FMS\) program.
\(2\) Duty at an embassy of the United States in support of
bilateral security cooperation.
\(3\) Duty at an embassy of the United States in support of
intelligence requirements.
\(d\) Inapplicability to General and Flag Officers.—
Subsection \(a\) shall not apply with respect to any general or
flag officer assigned as described in that subsection.
\(e\) Rule of Construction.—The exclusion described in
subsection \(a\) shall only be applied in instances when—
\(1\) any additional revenues relating to the activities
described in subsection \(c\) as a result of the exclusion
provided in subsection \(a\) could be reasonably expected to
offset any additional personnel costs relating to the
exclusion provided under subsection \(a\); or
\(2\) any cost avoidance achieved by the exclusion provided
under subsection \(a\) as a result of increased burdensharing
by security partners and allies relating to the activities
described in subsection \(c\) could be reasonably expected to
offset any additional personnel costs relating to the
exclusion provided under subsection \(a\).
SA 6550. Mr. THUNE submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle D of title I, insert
the following:
SEC. \_\_. AUTHORIZATION OF APPROPRIATIONS FOR COUNTER UNMANNED
SYSTEMS RELATING TO THE DEFENSE OF STRATEGIC
ASSETS.
\(a\) In General.—There is authorized to be appropriated to
the Department of the Air Force $50,000,000 for counter
unmanned systems relating to the defense of strategic assets.
\(b\) Offset.—The amount authorized to be appropriated by
this Act for the Defense-wide working capital fund is hereby
reduced by $50,000,000.
SA 6551. Mr. HOEVEN \(for himself, Mrs. Shaheen, Mr. Moran, and Ms. Duckworth\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title , insert the
following:
SEC. . AIR TRAFFIC-COLLEGIATE TRAINING INITIATIVE PROGRAM
IMPROVEMENTS.
\(a\) Definitions.—In this section:
\(1\) Administrator.—The term “Administrator” means the
Administrator of the Federal Aviation Administration.
\(2\) FAA.—The term “FAA” means the Federal Aviation
Administration.
\(b\) Air Traffic-Collegiate Training Initiative Program
Improvements.—
\(1\) In general.—Section 44506\(c\) of title 49, United
States Code, is amended to read as follows:
“\(c\) Air Traffic-Collegiate Training Initiative and
Enhanced Air Traffic-Collegiate Training Initiative.—
“\(1\) In general.—The Administrator of the Federal
Aviation Administration shall maintain the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program by making new
agreements and continuing existing agreements with
institutions of higher education \(as defined by the
Administrator\) under which the institutions prepare students
for the position of air traffic controller with the
Department of Transportation \(as defined in section 2109 of
title 5\). The Administrator may establish standards for the
entry of institutions into the program and for their
continued participation.
“\(2\) Appointment of program graduates.—The Administrator
of the Federal Aviation Administration may appoint an
individual who has successfully completed a course of
training in a program described in paragraph \(1\) to the
position of air traffic controller noncompetitively in the
excepted service \(as defined in section 2103 of title 5\).
“\(3\) Enhanced air traffic-collegiate training initiative
grant program.—
“\(A\) Establishment.—The Administrator of the Federal
Aviation Administration shall establish and carry out a grant
program to award grants to institutions of higher education
\(as defined by the Administrator\) that have been approved to,
or are seeking to \(as determined appropriate by the
Administrator\), participate in the Enhanced Air Traffic-
Collegiate Training Initiative program described in paragraph
\(1\).
“\(B\) Grants.—
“\(i\) Use of funds.—An institution of higher education
shall use a grant awarded under this paragraph for the
following purposes:
“\(I\) To implement curriculum for the Enhanced Air Traffic-
Collegiate Training Initiative program described in paragraph
\(1\).
“\(II\) To provide faculty, simulators, and other necessary
classroom supplies to the Enhanced Air Traffic-Collegiate
Training Initiative program.
“\(III\) For any other purpose determined appropriate by the
Administrator of the Federal Aviation Administration,
including providing medical certificates and FAA-required
tests.
“\(ii\) Eligibility.—To be eligible to receive a grant
under this paragraph, an institution of higher education
shall submit an application to the Administrator of the
Federal Aviation Administration at such time, in such form,
and containing such information as the Administrator may
require.
“\(iii\) Funding.—
“\(I\) In general.—There is authorized to be appropriated
$20,000,000 for each of fiscal years 2027 through 2032 to
carry out this paragraph.
“\(II\) Federal share of costs.—The Federal share of costs
for a grant under this paragraph shall be 90 percent.”.
\(2\) Enhanced air traffic-collegiate training initiative
program faculty annuity supplement.—Section 8421a\(c\) of
title 5, United States Code, is amended—
\(A\) in paragraph \(1\), by striking “; or” and inserting a
semicolon;
\(B\) in paragraph \(2\), by striking the period at the end and
inserting “; or”; and
\(C\) by adding at the end the following new paragraph:
“\(3\) air traffic control instructor, or supervisor
thereof, at an institution of higher education participating
in the Enhanced Air Traffic-Collegiate Training Initiative
program described in section 44506\(c\) of title 49.”.
\(3\) FAA academy and collegiate training initiative program
curriculum aviation rulemaking committee.—
\(A\) In general.—The Administrator shall convene an
aviation rulemaking committee to—
\(i\) review the curricula of the air traffic technical
training academy of the FAA used in the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program;
\(ii\) develop findings and recommendations regarding the
improvement and modernization of such curricula; and
\(iii\) provide to the Administrator a report on such
findings and recommendations and for other related purposes
as determined by the Administrator.
\(B\) Composition.—The aviation rulemaking committee
established under subparagraph \(A\) shall consist of members
appointed by the Administrator, including representatives
of—
\(i\) institutions of higher education that are accredited by
the Aviation Accreditation Board International;
\(ii\) aviation industry organizations;
\(iii\) FAA subject matter experts;
\(iv\) military and commercial operators of aircraft,
helicopters, and powered-lift aircraft;
\(v\) the exclusive bargaining representative of the air
traffic controllers certified under section 7111 of title 5,
United States Code; and
\(vi\) aviation safety experts and other experts determined
appropriate by the Administrator.
\(C\) Considerations.—The aviation rulemaking committee
established under subparagraph \(A\) shall consider the
following:
\(i\) The advancements in education technology, including
digital resources and augmented reality or virtual reality
capabilities, that may be incorporated into a modern
curriculum.
\(ii\) The appropriate balance between the use of theoretical
knowledge and practical application.
\(iii\) A review of instructional techniques to improve the
effectiveness of learning outcomes.
\(iv\) The real-world applicability of air traffic operations
procedures included in the curriculum.
\(v\) Student success rates, including outcomes of air
traffic controller trainees when placed at facilities for on-
the-job training.
\(vi\) Methods for reducing the subjectivity of instructional
techniques.
\(vii\) Student success rates correlated to the Air Traffic-
Collegiate Training Initiative program and the Enhanced Air
Traffic-Collegiate Training Initiative program described in
section 44506\(c\) of title 49, United States Code.
\(viii\) The appropriate method for ensuring the curriculum
incorporates new entrants into the national airspace system.
\(ix\) Other considerations as determined appropriate by the
Administrator.
\(D\) Duties.—
\(i\) In general.—Not later than 18 months after the date of
enactment of this section, the Administrator shall submit to
Congress a copy of the aviation rulemaking committee report
provided to the Administrator under subparagraph \(A\)\(iii\).
\(ii\) Implementation.—Not later than 180 days after the
date of submission of the report under clause \(i\), the
Administrator shall implement the recommendations of the
report, as determined appropriate by the Administrator.
\(iii\) Justification.—If the Administrator decides not to
implement a recommendation
described in the report submitted under clause \(i\), the
Administrator shall submit to Congress a justification for
such decision not later than 90 days after receiving such
report.
\(E\) Prohibition on compensation.—The members of the
aviation rulemaking committee convened under this paragraph
shall not receive pay, allowances, or benefits from the
Federal Government by reason of their service on such
committee. This paragraph shall not be construed to affect
the pay, allowances, or benefits of any Federal employee who
serves as a member of the aviation rulemaking committee as
part of their official duties.
SA 6552. Mr. PETERS \(for himself and Mr. Cornyn\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. . STRONG COMMUNITIES ACT OF 2026.
\(a\) Short Title.—This section may be cited as the “Strong
Communities Act of 2026”.
\(b\) Strong Communities Program.—Section 1701 of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 \(34
U.S.C. 10381\) is amended by adding at the end the following:
“\(q\) COPS Strong Communities Program.—
“\(1\) Definitions.—In this subsection:
“\(A\) Eligible entity.—The term \`eligible entity' means—
“\(i\) an institution of higher education, as defined in
section 101 of the Higher Education Act of 1965 \(20 U.S.C.
1001\), that, in coordination or through an agreement with a
local law enforcement agency, offers a law enforcement
training program; or
“\(ii\) a local law enforcement agency that offers a law
enforcement training program.
“\(B\) Local law enforcement agency.—The term \`local law
enforcement agency' means an agency of a State, unit of local
government, or Indian Tribe that is authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
“\(2\) Grants.—The Attorney General may use amounts
otherwise appropriated to carry out this section for a fiscal
year \(beginning with fiscal year 2025\) to make competitive
grants to local law enforcement agencies to be used for
officers and recruits to attend law enforcement training
programs at eligible entities if the officers and recruits
agree to serve in law enforcement agencies in their
communities.
“\(3\) Eligibility.—To be eligible for a grant through a
local law enforcement agency under this subsection, each
officer or recruit described in paragraph \(2\) shall—
“\(A\) serve as a full-time law enforcement officer for a
total of not fewer than 4 years during the 8-year period
beginning on the date on which the officer or recruit
completes a law enforcement training program for which the
officer or recruit receives benefits;
“\(B\) complete the service described in subparagraph \(A\) in
a local law enforcement agency located within—
“\(i\) 7 miles of the residence of the officer or recruit
where the officer or recruit has resided for not fewer than 5
years; or
“\(ii\) if the officer or recruit resides in a county with
fewer than 150,000 residents, within 20 miles of the
residence of the officer or recruit where the officer or
recruit has resided for not fewer than 5 years; and
“\(C\) submit to the eligible entity providing a law
enforcement training program to the officer or recruit
evidence of employment of the officer or recruit in the form
of a certification by the chief administrative officer of the
local law enforcement agency where the officer or recruit is
employed.
“\(4\) Repayment.—
“\(A\) In general.—If an officer or recruit does not
complete the service described in paragraph \(3\), the officer
or recruit shall submit to the local law enforcement agency
an amount equal to any benefits the officer or recruit
received through the local law enforcement agency under this
subsection.
“\(B\) Regulations.—The Attorney General shall promulgate
regulations that establish categories of extenuating
circumstances under which an officer or recruit may be
excused from repayment under subparagraph \(A\).”.
\(c\) Transparency.—Not less frequently than annually, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that details, with
respect to recipients of grants under section 1701\(q\) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968, as added by subsection \(b\)—
\(1\) during the 1-year period preceding the date of the
report—
\(A\) the number and location of those recipients; and
\(B\) the number of law enforcement officers and recruits
each recipient intends to send to law enforcement training
programs at eligible entities \(as defined in paragraph \(1\) of
such section 1701\(q\)\) with amounts from the grant; and
\(2\) during the period between the date of enactment of this
Act and the date of the report—
\(A\) the number of law enforcement officers or recruits who
attended the training described in paragraph \(1\)\(B\) with
amounts from the grant and returned from the training as
employees of the recipient; and
\(B\) the number of law enforcement officers or recruits
described in subparagraph \(A\) who remain an employee of the
recipient.
SA 6553. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. ESTABLISHMENT OF NEW PRIORITY GROUP 1 SUB-PRIORITY
UNDER DEPARTMENT OF VETERANS AFFAIRS' STATE
HOME CONSTRUCTION GRANT PROGRAM.
Not later than April 15, 2027, the Secretary of Veterans
Affairs shall establish a new priority group 1 sub-priority
under the State Home Construction Grant Program of the
Department of Veterans Affairs for States with bed needs that
are not less than two-hours driving distance from existing
facilities.
SA 6554. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title III, insert the
following:
SEC. . REPORT ON AIRSPACE INTEGRATION.
\(a\) Findings.—Congress makes the following findings:
\(1\) Unmanned aircraft systems can perform a variety of
applications, including cargo delivery and perimeter
security, at military installations located within the United
States.
\(2\) Military installations located within the United States
require the ability to defend themselves from the malicious
use of unmanned aircraft systems, including the ability to
detect, identify, and track potential threats as
distinguished from the legitimate use of such systems.
\(3\) Airspace awareness and management are critical to
enabling the Department of Defense to leverage the benefits
of unmanned aircraft systems and to mitigate the risks posed
by the malicious use of such systems within the national
airspace system.
\(b\) Report Required.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the integration of unmanned aircraft systems and counter-
unmanned aircraft systems of the Department of Defense into
the national airspace system.
\(2\) Elements.—The report required under paragraph \(1\)
shall describe the following:
\(A\) The offices and officials directly responsible for
developing and deploying airspace awareness and unmanned
traffic management capabilities that ensure unmanned aircraft
systems of the Department of Defense safely and effectively
integrate into the national airspace system.
\(B\) Any programs specifically mandated to develop or
validate airspace awareness or unmanned traffic management
systems that support activities of the Department in the
national airspace system.
\(C\) Efforts of the Department to coordinate with the
Federal Aviation Administration to develop and operate
airspace awareness and unmanned traffic management systems.
\(D\) Plans to use existing programs, test activities,
operational demonstrations and rapid prototyping efforts to
integrate unmanned aircraft systems and counter-unmanned
aircraft systems into the national airspace system.
SA 6555. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. PROVISION OF TUITION ASSISTANCE TO MEMBERS OF AIR
NATIONAL GUARD.
The Secretary of the Air Force shall establish a permanent
program to pay, under section 2007 of title 10, United States
Code, all or a portion of the charges of an educational
institution for the tuition or expenses of a member of the
Air National Guard who is in compliance with the training
requirements under regulations prescribed under section
502\(a\) of title 32, United States Code.
SA 6556. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title II, insert the following:
SEC. . TEST, EVALUATION, EXERCISES, AND EXPERIMENTS FOR
PROTECTION OF CERTAIN FACILITIES AND ASSETS
FROM UNMANNED AIRCRAFT.
Section 130i of title 10, United States Code, is amended—
\(1\) by redesignating subsections \(c\) through \(j\) as
subsections \(d\) through \(k\), respectively; and
\(2\) by inserting after subsection \(b\) the following new
subsection \(c\):
“\(c\) Test, Evaluation, Exercises, and Experiments.—\(1\)
The Secretary shall conduct such tests, evaluations,
exercises, and experiments as the Secretary considers
necessary to support the actions described in subsection
\(b\)\(1\).
“\(2\)\(A\) The Secretary may, on a case-by-case basis,
delegate the authority to conduct the activities in paragraph
\(A\) to an official from a qualified public entity.
“\(B\) For purposes of subparagraph \(A\), the term \`qualified
public entity' means a Federal, State, or local entity,
including an academic institution, that—
“\(i\) has experience conducting tests of unmanned aircraft,
counter-unmanned aircraft systems and associated equipment;
and
“\(ii\) the Secretary determines will prioritize the
protection of people, ground infrastructure, and other
aircraft.”.
SA 6557. Ms. KLOBUCHAR submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. \_\_. IMPROVING NOTIFICATION PROCEDURES IN CASE OF
INCREASED DEMAND FOR CRITICAL DRUGS.
\(a\) In General.—Section 506C of the Federal Food, Drug,
and Cosmetic Act \(21 U.S.C. 356c\) is amended—
\(1\) in the section heading, by striking “discontinuance or
interruption in the production of life-saving drugs” and
inserting “notification of issues affecting domestic supply
of critical drugs”;
\(2\) by striking subsections \(a\), \(b\), and \(c\), and
inserting the following:
“\(a\) Notification Required.—
“\(1\) In general.—A manufacturer of a covered drug shall
notify the Secretary, in accordance with subsection \(b\), of—
“\(A\)\(i\) a permanent discontinuance in the manufacture of
the drug or an interruption of the manufacture of the drug
that is likely to lead to a meaningful disruption in the
supply of such drug in the United States;
“\(ii\) a permanent discontinuance in the manufacture of an
active pharmaceutical ingredient of such drug, or an
interruption in the manufacture of an active pharmaceutical
ingredient of such drug that is likely to lead to a
meaningful disruption in the supply of the active
pharmaceutical ingredient of such drug; or
“\(iii\) any other circumstance, such as an increase in
demand or export restriction, that is likely to leave the
manufacturer unable to meet demand for the drug without a
meaningful shortfall or delay; and
“\(B\) the reasons for such discontinuance, interruption, or
other circumstance, if known.
“\(2\) Contents.—Notification under this subsection with
respect to a covered drug shall include—
“\(A\) with respect to the reasons for the discontinuation,
interruption, or other circumstance described in paragraph
\(1\)\(A\)\(iii\), if an active pharmaceutical ingredient is a
reason for, or risk factor in, such discontinuation,
interruption, or other circumstance, the source of the active
pharmaceutical ingredient and any alternative sources for the
active pharmaceutical ingredient known to the manufacturer;
“\(B\) whether any associated device used for preparation or
administration included in the drug is a reason for, or a
risk factor in, such discontinuation, interruption, or other
circumstance described in paragraph \(1\)\(A\)\(iii\);
“\(C\) the expected duration of the interruption; and
“\(D\) such other information as the Secretary may require.
“\(b\) Timing.—A notice required under subsection \(a\) shall
be submitted to the Secretary—
“\(1\) at least 6 months prior to the date of the
discontinuance or interruption;
“\(2\) in the case of such a notice with respect to a
circumstance described in subsection \(a\)\(1\)\(A\)\(iii\), as soon
as practicable, or not later than 10 business days after the
onset of the circumstance; or
“\(3\) if compliance with paragraph \(1\) or \(2\) is not
possible, as soon as practicable.
“\(c\) Notification and Distribution.—
“\(1\) Distribution.—To the maximum extent practicable, the
Secretary shall distribute, through such means as the
Secretary determines appropriate, information on the
discontinuance or interruption of the manufacture of, or
other circumstance described in subsection \(a\)\(1\)\(A\)\(iii\)
that is likely to lead to a shortage or meaningful disruption
in the supply of, covered drugs to appropriate organizations,
including physician, health provider, and patient
organizations, as described in section 506E.
“\(2\) Notification to the department of defense.—The
Secretary shall notify the Secretary of Defense each time a
notification is submitted to the Secretary under subsection
\(a\).”;
\(3\) in subsection \(g\), in the matter preceding paragraph
\(1\), by striking “drug described in subsection \(a\)” and
inserting “covered drug”; and
\(4\) in subsection \(j\), by striking “drug described in
subsection \(a\)” and inserting “covered drug”.
\(b\) Definitions.—Paragraph \(1\) of section 506C\(h\) of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 356c\(h\)\) is
amended to read as follows:
“\(1\) the term \`covered drug' means a drug that is intended
for human use and that—
“\(A\) is—
“\(i\) life-supporting;
“\(ii\) life-sustaining; or
“\(iii\) intended for use in the prevention or treatment of
a debilitating disease or condition, including any such drug
used in emergency medical care or during surgery or any such
drug that is critical to the public health during a public
health emergency declared by the Secretary under section 319
of the Public Health Service Act;
“\(B\) is not a radio pharmaceutical drug product or any
other product as designated by the Secretary; and
“\(C\) is not a biological product \(as defined in section
351\(i\) of the Public Health Service Act\), unless otherwise
provided by the Secretary in the regulations promulgated
under subsection \(i\);”.
\(c\) Reporting on Supply Chains.—Section 510\(j\)\(3\)\(A\) of
the Federal Food, Drug, and Cosmetic Act \(21 U.S.C.
360\(j\)\(3\)\(A\)\) is amended—
\(1\) by striking “annually to the Secretary” in the first
sentence and inserting “to the Secretary, once during the
month of March each year and once during the month of
September each year,”;
\(2\) by inserting “, and the legal names of, and any
additional information the Secretary may require, regarding
suppliers of active pharmaceutical ingredients and
intermediate and in-process materials such person used for
the manufacture, preparation, propagation, compounding, or
processing of such drug, and the amount of such drug
manufactured, prepared, propagated, compounded, or processed
using each such active pharmaceutical ingredient or
intermediate or in-process material sourced from each such
supplier” before the period at the end of the first
sentence; and
\(3\) by inserting after the first sentence the following:
“In addition to the reporting required under the preceding
sentence, each person who registers with the Secretary under
this section with regard to a drug may voluntarily report on
the information described in the preceding sentence, at such
other times as the Secretary may specify.”.
SA 6558. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. \_\_. JOB CORPS TRANSITION HUB TO SUPPORT SENTINEL
PROGRAM.
Not later than one year after the date of the enactment of
this Act, the Secretary of Labor, in consultation with the
Secretary of the Air Force, shall designate a Job Corps
Transition Hub to support the workforce needs of the Sentinel
program of the Department of the Air Force.
SA 6559. Mr. RISCH \(for himself and Mrs. Shaheen\) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
DIVISION F—DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.
\(a\) Short Title.—This division may be cited as the
“Department of State Authorization Act for Fiscal Year
2027”.
\(b\) Table of Contents.—The table of content for this
division is as follows:
DIVISION F—DEPARTMENT OF STATE AUTHORIZATION ACT FOR FISCAL YEAR 2027
- Sec. 8001. Short title; table of contents.
- Sec. 8002. Definitions.
TITLE I—WORKFORCE MATTERS
Sec. 8101. Mid-career training float. Sec. 8102. Rebidding for personnel at closed posts. Sec. 8103. Report on Pacific Islands embassy staffing incentives. Sec. 8104. Enduring foreign language proficiency incentive pay. Sec. 8105. Support for regional medical officer psychiatrists. Sec. 8106. Workforce exit interviews. Sec. 8107. Integration of Marine Security Guard Detachments at United
States diplomatic posts. Sec. 8108. Additions to reporting requirements for deaths at post. Sec. 8109. Policy on negotiation of bilateral work agreements. Sec. 8110. Coverage of return costs. Sec. 8111. Requirement for Uyghur language training. Sec. 8112. Extension of post-employment restrictions on Senate-
confirmed officials at the Department of State. Sec. 8113. Reducing foreign language training related delays in Foreign
Service assignments. Sec. 8114. Ensuring full staffing of the countering Russian Influence
Fund. Sec. 8115. Facilitating moves for domestic employees teleworking
overseas. Sec. 8116. Strengthening the Department's capacity for economic and
technology competition.
TITLE II—ORGANIZATION AND OPERATIONS
Sec. 8201. Streamlining move procedures. Sec. 8202. Bureau of Intelligence and Research personnel. Sec. 8203. Streamlining Arctic Ambassador responsibilities. Sec. 8204. Adversary alignment. Sec. 8205. Strategy on Department plan to reopen diplomatic facilities
- in Syria.
- Sec. 8206. Amendment to reflect the Bureau of Medical Services.
TITLE III—INFORMATION SECURITY AND CYBER DIPLOMACY
Sec. 8301. Security review of science and technology agreement with the
People's Republic of China. Sec. 8302. Internal report on smart cable analytics. Sec. 8303. Generative artificial intelligence enabled language
translation.
TITLE IV—PUBLIC DIPLOMACY
Sec. 8401. Mega-decade sports diplomacy. Sec. 8402. Strengthening United States response to adversarial
propaganda.
TITLE V—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
Sec. 8501. Report on Consular Affairs officers joining United States
missions to Pacific Island countries. Sec. 8502. Expedited appointment program for major events. Sec. 8503. Secure Embassy Construction and Counterterrorism Act of 2022
implementation report. Sec. 8504. Counterintelligence unit at all critical counterintelligence
threat posts. Sec. 8505. Authorization of certain public libraries to collect and
retain fees for the acceptance and execution of passport
applications. Sec. 8506. Review of tour lengths for Foreign Service officers at
critical Human Intelligence threat posts. Sec. 8507. Modernization of consular forms. Sec. 8508. Expansion of limited consular appointment authority. Sec. 8509. Report on indefinite suspensions for members of the Civil
Service. Sec. 8510. Limitation on waiver of passport expiration date requirement
for nationals of countries requiring United States
citizens to possess passports that expire at least 6
- months after their departure.
- Sec. 8511. Artificial intelligence use for online presence review.
TITLE VI—MISCELLANEOUS
Sec. 8601. Report on People's Republic of China global policing. Sec. 8602. Au pair regulation. Sec. 8603. Requirement for think tanks to disclose foreign funding. Sec. 8604. Marking and branding. Sec. 8605. Permitting for international bridges and land ports of
entry. Sec. 8606. Arms Export Control Act increase for direct commercial
contracts authority. Sec. 8607. Sunsetting the 180-day COVID obligation and expenditure
reports. Sec. 8608. Clarification of notification, reporting, and consultation
requirements. Sec. 8609. Congressional delegations. Sec. 8610. Modification of the special rule for countries downgraded
from and reinstated to the tier 2 watch list in the
Trafficking in Persons report. Sec. 8611. United States support to United Nations peacekeeping
duplicative reporting. Sec. 8612. Cooperation Council for the Arab States of the Gulf
privileges and immunities. Sec. 8613. Restrictions on stinger missile transfers to Bahrain. Sec. 8614. Alignment of Arms Export Control Act amendments with the
Export Control Reform Act. Sec. 8615. Charge fees for and recover revenues from goods and services
at United States Expo pavilions. Sec. 8616. Modernizing the not fully cooperating countries process. Sec. 8617. Change to the missile sanctions laws statutory references. Sec. 8618. Congressional notifications under the Arms Export Control
Act. Sec. 8619. Report on critical language expertise. Sec. 8620. Use of artificial intelligence to meet congressional
reporting requirements. Sec. 8621. Millenium Challenge Corporation compacts. Sec. 8622. Office of the Inspector General for Foreign Assistance. Sec. 8623. Strategy on maritime economic resilience. Sec. 8624. Modernization of international agreements related to
- critical undersea infrastructure.
- Sec. 8625. Embassy evacuation and notification planning.
- Sec. 8626. Young African Leaders Initiative.
- Sec. 8627. Extensions.
TITLE VII—OTHER MATTERS
Subtitle A—SHADOW Fleet Sanctions Act of 2026
Sec. 8700. Short titles.
Chapter 1—Sanctions With Respect to the Russian Federation
Sec. 8701. Definitions.
subchapter a—sanctions with respect to russian shadow fleet
PART I—Imposition of Sanctions
Sec. 8702. Imposition of sanctions with respect to vessels suspected of
participation in or support of the Russian shadow fleet. Sec. 8702A. Imposition of sanctions with respect to foreign persons
that support Russian illicit shipping with vessels
subject to United States sanctions. Sec. 8702B. Imposition of sanctions with respect to port terminals
accepting oil from Russian shadow fleet vessels.
PART II—Disclosures, Publications, and Reports
Sec. 8703. Alignment of designation authorities with European Union and
United Kingdom regarding Russian shadow fleet. Sec. 8703A. Support of efforts of the Joint Expeditionary Force. Sec. 8703B. Report on specific licenses granted under Executive Order
14024.
PART III—Flag State Requirements and Strategy
Sec. 8704. Minimum standards for operating as a flag state registry and
assessment of efforts to prevent the circumvention of
sanctions and other crimes. Sec. 8704A. Strategy for countries that do not make sufficient efforts
to comply with minimum standards for operating as a flag
state.
PART IV—Other Matters
Sec. 8705. International efforts to identify vessels transporting
Russian-origin oil.
subchapter b—sanctions with respect to russian-origin energy products
Sec. 8706. Imposition of sanctions with respect to persons with certain
interests in Russian energy projects. Sec. 8706A. Strategy to counter role of the People's Republic of China
in evasion of sanctions with respect to Russian-origin
petroleum products.
subchapter c—sanctions with respect to russian defense industrial base
Sec. 8707. Imposition of sanctions with respect to persons that sell,
lease, or provide goods or services relating to the
defense industrial base of the Russian Federation.
subchapter d—modifications of protecting europe's energy security act
of 2019
Sec. 8708. Modifications of Protecting Europe's Energy Security Act of
2019.
subchapter e—general provisions
- Sec. 8709. Sanctions described.
- Sec. 8709A. Exceptions; waivers.
- Sec. 8709B. Implementation.
- Sec. 8709C. Termination of sanctions authorities.
Chapter 2—Other Matters
Sec. 8710. Determination with respect to Russian military actions in
support of Russian shadow fleet. Sec. 8710A. Resources for sanctions implementation at the Department of
State. Sec. 8710B. Modification of limitation on military cooperation between
the United States and the Russian Federation. Sec. 8710C. Emergency appropriations for the Countering Russian
Influence Fund. Sec. 8710D. Report on presidential drawdown authority and Ukraine
- Security Assistance Initiative.
- Sec. 8710E. Support for Ukraine arms sales.
Subtitle B—Deterring Aggression Against Taiwan
- Sec. 8711. Short title.
- Sec. 8712. Sense of Congress.
- Sec. 8713. Definitions.
- Sec. 8714. Task force.
- Sec. 8715. Report.
Subtitle C—PEACE in Sudan
Sec. 8721. Short titles. Sec. 8722. Statement of policy. Sec. 8723. Definitions. Sec. 8724. Report on activities of certain foreign governments and
groups in Sudan. Sec. 8725. Report on atrocities and gross violations of
internationally-recognized human rights in Sudan. Sec. 8726. Strategy. Sec. 8727. Assessment of eligibility of armed actors in Sudan for
designation as specially designated global terrorists. Sec. 8728. Sanctions. Sec. 8729. Special Envoy for Sudan. Sec. 8730. Assistance to the Government of Sudan by international
financial institutions. Sec. 8731. Sudan Business Risk Advisory. Sec. 8732. United States engagement at the United Nations with respect
to Sudan. Sec. 8733. Foreign assistance to Sudan. Sec. 8734. Annual report on financial assets held by armed actors in
- Sudan.
- Sec. 8735. Termination.
- Sec. 8736. Rule of construction.
- Sec. 8737. Sunset.
Subtitle D—SCAM Act/Scam Compound Accountability and Mobilization
Sec. 8741. Short title. Sec. 8742. Findings. Sec. 8743. Sense of Congress. Sec. 8744. Statement of policy. Sec. 8745. Definitions. Sec. 8746. Strategy to counter scam compounds and hold transnational
criminal organizations and human traffickers accountable. Sec. 8747. Establishing a Task Force to implement the Strategy. Sec. 8748. Strengthening tools to dismantle scam compounds and hold
transnational criminal organizations accountable. Sec. 8749. Redress to victims of international scam compound
operations. Sec. 8750. Satellite imagery access to monitor human rights abuses
related to scam compounds to discover the presence of
- human trafficking.
- Sec. 8751. Sunset.
Subtitle E—Strategic Subsea Cables
- Sec. 8761. Short title.
- Sec. 8762. Definitions.
Chapter 1—International Coordination and Engagement on Critical
Undersea Infrastructure
Sec. 8763. Findings. Sec. 8763A. Sense of Congress. Sec. 8763B. Enhancing United States Government engagement with relevant
international bodies to safeguard United States
interests. Sec. 8763C. Imposition of sanctions with respect to critical undersea
infrastructure sabotage. Sec. 8763D. Report on activities by the People's Republic of China and
the Russian Federation. Sec. 8763E. Report on potential sabotage of critical undersea
infrastructure. Sec. 8763F. Engaging foreign partners to strengthen the security of
critical undersea infrastructure.
Chapter 2—Department of State Critical Undersea Infrastructure
Expertise
Sec. 8764. Expanding critical undersea infrastructure-related expertise
at the Department of State.
Chapter 3—Subsea Communications Infrastructure Coordination,
Construction, and Repair
Sec. 8765. Improving United States Government coordination of subsea
communications infrastructure. Sec. 8765A. Strengthening information sharing between United States
Government and private sector actors on subsea
communications infrastructure.
Subtitle F—Tech PATH/U.S. Technology Procurement and Access to Trusted
Hardware
Sec. 8771. Short titles. Sec. 8772. Definitions. Sec. 8773. Sense of Congress. Sec. 8774. United States Technology Procurement Program. Sec. 8775. Office of United States Technology Procurement. Sec. 8776. Expanding necessary technology and related expertise at
United States overseas missions. Sec. 8777. Extending authorization of appropriations for the Regional
Technology Officer Program. Sec. 8778. Preserving market-based competition for cyber and digital
technologies. Sec. 8779. Government Accountability Office report. Sec. 8780. Foreign Service officer technology career track feasibility
- study and report.
- Sec. 8780A. Derivation of funds.
Subtitle G—Countering China's Control of the Caucasus Act
- Sec. 8791. Short title.
- Sec. 8792. Reports and briefings.
Subtitle H—Saving Lives and Taxpayer Dollars Act
Sec. 8793. Annual report.
Subtitle I—Reporting on Syria
Sec. 8794. Report on the impact of United States assistance. Sec. 8794A. Strategy on ISIS-related detainee and displacement camps in
Syria. Sec. 8794B. Strategy for engagement with Syrian authorities and for
- evaluating security at the United States mission.
- Sec. 8794C. Strategy to ensure the enduring defeat of ISIS in Syria.
Subtitle J—Additional Authorities
- Sec. 8795. Repeals of Syria sanctions statutes.
- Sec. 8796. Establishment of Ukraine Lessons Learned Task Force.
- Sec. 8797. Poland defense industrial cooperation program.
SEC. 8002. DEFINITIONS.
In this division:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(2\) Department.—The term “Department” means the
Department of State.
\(3\) Secretary.—The term “Secretary” means the Secretary
of State.
TITLE I—WORKFORCE MATTERS
SEC. 8101. MID-CAREER TRAINING FLOAT.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop and
submit to the appropriate congressional committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a strategy
to establish and maintain a “training float” by January 1,
2027, to authorize between 8 and 10 percent of the members of
the Civil Service and the Foreign Service to participate in
long-term training at any time.
\(b\) Elements.—The strategy developed pursuant to
subsection \(a\) shall include—
\(1\) a proposal to ensure personnel in the training float
remain dedicated to training or professional development
activities;
\(2\) recommendations to maintain, and an assessment of the
feasibility of maintaining, a minimum of 8 percent of
personnel in the float at all times; and
\(3\) any additional resources and authorities needed to
maintain the training float described in this section.
\(c\) Monitoring.—Beginning not later than 120 days after
the date of the enactment of this Act, the Secretary shall
ensure personnel in any training float established pursuant
to this section remain dedicated to training or professional
development activities.
SEC. 8102. REBIDDING FOR PERSONNEL AT CLOSED POSTS.
\(a\) Defined Term.—In this section and in section 8103, the
term “appropriate committees of Congress” means—
\(1\) the Committee on Foreign Relations of the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Foreign Affairs of the House of
Representatives; and
\(4\) the Committee on Appropriations of the House of
Representatives.
\(b\) In General.—If the Department closes, consolidates, or
downsizes any element of the Department of State, including
any bureau, office, or diplomatic or consular post, any
Foreign Service officers employed by such element shall be
allowed to rebid for comparable positions within the Foreign
Service.
\(c\) Notification.—Not later than 30 days after the
closure, consolidation, or downsizing of any element of the
Department of State, the Secretary shall notify the
appropriate congressional committees of the personnel impact
of such action, including—
\(1\) the number of personnel at the affected post,
disaggregated Foreign Service officers, eligible family
members, and local embassy staff;
\(2\) the number of Foreign Service officers who chose to
rebid for new positions and the posts at which such Foreign
Service officers are currently stationed; and
\(3\) the status of all other affected personnel.
SEC. 8103. REPORT ON PACIFIC ISLANDS EMBASSY STAFFING
INCENTIVES.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, the Secretary and the Deputy
Secretary of State for Management and Resources shall—
\(1\) submit a report to the appropriate committees of
Congress that describes plans for addressing staffing needs
at United States embassies in Pacific Island countries; and
\(2\) provide a briefing to the appropriate committees of
Congress that includes—
\(A\) a discussion of the contents of the report submitted
pursuant to paragraph \(1\); and
\(B\) nonfinancial incentives offered to Foreign Service
officers serving at United States embassies in Pacific Island
countries, including mission-specific training.
\(b\) Contents.—The report required under subsection \(a\)\(1\)
shall include—
\(1\) steps to implement the findings included in the Foreign
Service officer allowances report required under section 5302
of the Department of State Authorization Act of 2021
\(division E of Public Law 117-81\) to provide incentives for
Foreign Service officers to serve in Pacific Island
countries, including—
\(A\) hardship and danger pay;
\(B\) the opportunity to provide one-grade stretches before
stretch season and allow bidding on Pacific Island country
posts on the early assignment cycle;
\(C\) eligibility to receive student loan repayments;
\(D\) incentive pay to extend tours at Pacific Island country
posts;
\(E\) additional recreation entitlements;
\(F\) priority consideration for onward assignments;
\(G\) opportunities to serve repeated tours in the same
region to develop expertise while aiding career advancement;
and
\(H\) consideration of United States embassies in Pacific
Island countries for Special Incentive Post designation
eligibility;
\(2\) the status of the virtual schooling pilot program
undertaken by the Office of Overseas Schools and other
programs designed to support the dependents and spouses of
diplomats stationed at Pacific Island country posts;
\(3\) current administrative requirements, including
reporting requirements, required for embassies in Pacific
Island countries and proposals for how to lower the
administrative burden on small embassies; and
\(4\) any additional measures and financial and nonfinancial
incentives to encourage Foreign Service officers to seek
assignments to, and remain at, hardship posts in countries
where addressing growing and malign foreign government
influence is especially critical to United States interests,
especially at new posts in remote locations, such as the
United States embassies in the Kingdom of Tonga, the Solomon
Islands, and the Republic of Vanuatu.
SEC. 8104. ENDURING FOREIGN LANGUAGE PROFICIENCY INCENTIVE
PAY.
\(a\) Enduring Foreign Language Proficiency Incentive Pay.—
\(1\) In general.—Not later than January 1, 2027, the
Secretary shall establish an additional pay structure for
members of the Foreign Service designed to incentivize
enduring foreign language proficiency.
\(2\) Objective.—The objective of the additional incentive
pay established pursuant to paragraph \(1\) is to promote the
retention of language skills among members of the Foreign
Service, even when the current posts they fill are not
language designated or otherwise do not require regular use
of the critical languages in question.
\(3\) Elements.—The Secretary may consider the following
elements when devising the new incentive pay structure:
\(A\) Concurrent receipt.—A member of the Foreign Service
who is already receiving another form of language incentive
pay a certain language is not eligible to concurrently
receive enduring language proficiency incentive pay under
this section.
\(B\) Certification.—Enduring proficiency in a designated
critical language shall be subject to annual certification by
the Secretary.
\(C\) Multiple languages.—Individuals who continue to meet
proficiency requirements in multiple languages may be
eligible to receive enduring language incentive pay for each
of such languages.
\(D\) Language categories.—The Secretary may design the
enduring incentive pay on a scale that provides a range of
payments reflecting the difficulty of the language skills in
question, encompassing world languages, difficult world
languages, hard languages and super hard languages.
\(b\) Reports.—
\(1\) Initial report and briefing.—The Secretary shall
provide an initial report and briefing to the appropriate
congressional committees that describes the structure and
planned implementation for the new incentive pay structure
authorized under this section.
\(2\) Annual reports.—The Secretary shall submit an annual
report to the appropriate congressional committees that—
\(A\) describes the use of the new incentive pay structure
authorized under this section by members of the Foreign
Service;
\(B\) identifies the number of recipients of the language
proficiency incentive payment authorized under this section
and the specific languages for which such incentive pay is
being offered; and
\(C\) contains any other information the Secretary considers
relevant.
SEC. 8105. SUPPORT FOR REGIONAL MEDICAL OFFICER
PSYCHIATRISTS.
\(a\) Sense of Congress.—It is the Sense of Congress that—
\(1\) regional medical officer psychiatrists play an integral
role in ensuring the readiness of Department personnel
stationed abroad; and
\(2\) trained clinical social workers can be an asset to the
Department by supporting the sparse number of regional
medical officer psychiatrists stationed at United States
diplomatic posts worldwide.
\(b\) Hiring Quotas.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the Secretary shall hire not fewer than 20
trained social workers to support the work of regional
medical officer psychiatrists at United States diplomatic
posts worldwide.
\(c\) Annual Report.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter for the
following 4 years, the Secretary shall submit a report to the
appropriate congressional committees that—
\(1\) identifies the number of trained social workers hired
by the Department during the previous calendar year;
\(2\) identifies the total number of trained social workers
employed by the Department as of the date on which such
report is submitted; and
\(3\) lists each United States diplomatic post at which
trained social workers are currently stationed, including the
number of trained social workers stationed at each post.
SEC. 8106. WORKFORCE EXIT INTERVIEWS.
Section 5402 of the Department of State Authorization Act
of 2021 \(division E of Public Law 117-81; 22 U.S.C. 2736\) is
amended—
\(1\) in subsection \(b\), by striking “provide an opportunity
for an exit interview to” and inserting “conduct exit
interviews with”; and
\(2\) by inserting at the end the following:
“\(e\) Report.—Not later than 1 year after the date of the
enactment of the Department of State Authorization Act for
Fiscal Year 2027, and annually thereafter for the following
10 years, the Secretary shall submit a report to the
appropriate congressional committees that—
“\(1\) describes the Department's process for conducting
exit interviews with Foreign Service officers;
“\(2\) identifies any changes the Department has made to the
exit interview process during the previous calendar year; and
“\(3\) describes any trends in the responses the Department
has received from exit interviews conducted with Foreign
Service officers during the previous calendar year.”.
SEC. 8107. INTEGRATION OF MARINE SECURITY GUARD DETACHMENTS
AT UNITED STATES DIPLOMATIC POSTS.
\(a\) Report.—Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that—
\(1\) assesses the level of integration of Marine Security
Guard Detachments into communities of personnel under Chief
of Mission authority at United States diplomatic posts
abroad;
\(2\) describes the steps the Secretary and Chiefs of Mission
are taking to better integrate Marine Security Guard
Detachments into communities of personnel under Chief of
Mission authority at United States diplomatic posts abroad;
\(3\) describes the steps the Secretary and Chiefs of Mission
are taking to support mental health and improve the quality
of life of Marine Security Guard Detachments at United States
diplomatic posts abroad; and
\(4\) identifies any barriers the Secretary perceives as
inhibiting—
\(A\) greater integration of Marine Security Guard
Detachments into communities of personnel under Chief of
Mission authority at United States diplomatic posts abroad;
and
\(B\) improvements to the quality of life of Marine Security
Guard Detachments at United States diplomatic posts abroad.
SEC. 8108. ADDITIONS TO REPORTING REQUIREMENTS FOR DEATHS AT
POST.
Section 57 of the State Department Basic Authorities Act of
1956 \(22 U.S.C. 2729\(a\)\(3\)\) is amended by adding at the end
the following:
“\(d\) Congressional Notification.—Not later than 30 days
after any overseas death from nonnatural causes of any United
States citizen under Chief of Mission authority or of any
family member of a United States citizen under Chief of
Mission authority, the Secretary shall submit written
notification to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that includes—
“\(1\) the date of such person's death;
“\(2\) the location where such death occurred, including the
municipality, state or province, and country;
“\(3\) the cause of such death, including—
“\(A\) information on the circumstances of such death; and
“\(B\) if the death resulted from an act of terrorism or
suicide, a statement disclosing such information; and
“\(4\) such other information as the Secretary shall
consider appropriate.”.
SEC. 8109. POLICY ON NEGOTIATION OF BILATERAL WORK
AGREEMENTS.
\(a\) In General.—In each country in which the Department
maintains a United States embassy or consulate, the Secretary
shall seek to negotiate and establish a bilateral work
agreement with the host government that covers eligible
family members of United States direct hire personnel
employed by the Department.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the
following 5 years, the Secretary shall submit a report to the
appropriate congressional committees that includes—
\(1\) a list of every country in which there is an active
bilateral work agreement negotiated between the Department
and the host government; and
\(2\) the status of the Department's efforts to negotiate
bilateral work agreements in all other countries not include
in the list described in paragraph \(1\), including—
\(A\) the primary obstacle the Department faces in each
country to securing such a bilateral work agreement; and
\(B\) how the Department is working to overcome such
obstacle.
SEC. 8110. COVERAGE OF RETURN COSTS.
The Department, to the maximum extent practicable, shall
pay for costs incurred by members of the Foreign Service that
directly result from duties required as part of their return
to the United States at the time of their retirement from the
Foreign Service.
SEC. 8111. REQUIREMENT FOR UYGHUR LANGUAGE TRAINING.
\(a\) Uyghur Language Training and Staffing.—The Secretary
may take such steps as may be necessary to ensure—
\(1\) Uyghur language training is available to Foreign
Service officers; and
\(2\) efforts are made to ensure that at least 1 Uyghur-
speaking member of the Service \(as defined in section 103 of
the Foreign Service Act of 1980 \(22 U.S.C. 3903\)\) is assigned
to—
\(A\) at least 1 United States diplomatic or consular post in
the People's Republic of China; and
\(B\) at least 1 United States diplomatic post in Kazakhstan,
Uzbekistan, Kyrgyzstan, or Turkey.
\(b\) Report.—Not later than 1 year after the date of the
enactment of this Act, the Foreign Service Institute shall
submit a report to the appropriate congressional committees
that outlines all of the steps that have been taken to
implement subsection \(a\).
SEC. 8112. EXTENSION OF POST-EMPLOYMENT RESTRICTIONS ON
SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF
STATE.
\(a\) Extension.—Section 1\(m\)\(7\) of the State Department
Basic Authorities Act of 1956 \(22 U.S.C. 2651a\(m\)\(7\)\) is
amended by striking “5 years after the date of the enactment
of the Department of State Authorization Act of 2022” and
inserting “5 years after the date of the enactment of the
Department of State Authorization Act for Fiscal Year 2027”.
\(b\) Report.—Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that describes the
implementation of the restrictions described in section 1\(m\)
of the State Department Basic Authorities Act of 1956 \(22
U.S.C. 2651a\(m\)\), including—
\(1\) a description of the actions of the Department since
the date of enactment of the Department of State
Authorization Act of 2022 \(division I of Public Law 117-263\)
to provide applicable officials with the notice of
restrictions required under section 1\(m\)\(5\) of the State
Department Basic Authorities Act of 1956 \(22 U.S.C.
2651a\(m\)\(5\)\);
\(2\) a description of any guidance provided to the
applicable officials before they left government service;
\(3\) a description of efforts by the Department to monitor
and ensure compliance with the requirements under section
1\(m\) of the State Department Basic Authorities Act of 1956
\(22 U.S.C. 2651a\(m\)\); and
\(4\) a list of any known or discovered violations of the
restrictions set forth in section 1\(m\) of such Act and any
steps taken in response to such violations.
\(c\) Countries of Concern.—Section 1\(m\)\(1\)\(A\) of the State
Department Basic Authorities Act of 1956 \(22 U.S.C.
2651a\(m\)\(1\)\(A\)\) is amended—
\(1\) in clause \(iv\), by adding “and” at the end;
\(2\) in clause \(v\), by striking “; and” and inserting a
period; and
\(3\) by striking clause \(vi\).
SEC. 8113. REDUCING FOREIGN LANGUAGE TRAINING RELATED DELAYS
IN FOREIGN SERVICE ASSIGNMENTS.
\(a\) In General.—The Secretary shall ensure—
\(1\) Foreign Service officers with critical language skills
are prioritized for posts that require hard and super hard
language skills; and
\(2\) such officers are not excluded from bidding due to
language requirements for officers with lesser language
skills.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that describes—
\(1\) any barriers that exist within the Foreign Service
assignment process and foreign language training requirements
within the Foreign Service that delay Foreign Service
officers who do not require additional foreign language
training from being selected for assignments that generally
include a language training requirement; and
\(2\) steps the Secretary is taking to eliminate delays in
the timely deployment of Foreign Service officers who do not
require additional foreign language training to their next
assignment.
SEC. 8114. ENSURING FULL STAFFING OF THE COUNTERING RUSSIAN
INFLUENCE FUND.
\(a\) Report Required.—Not later than 45 days after the date
of the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees that—
\(1\) identifies the number of full-time staff dedicated to
the Countering Russian Influence Fund Unit established under
section 5160 of the Department of State Authorization Act for
Fiscal Year 2026 \(division E of Public Law 119-60; 22 U.S.C.
9543 note\), including a staffing plan for the upcoming
calendar year;
\(2\) describes the priorities identified for the unit,
consistent with section 254 of the Countering Russian
Influence in Europe and Eurasia Act of 2017 \(title II of
subtitle B of Public Law 115-44\);
\(3\) describes the unit's efforts to counter Russian
influence and hybrid activities, including sabotage,
information operations, weaponized migration, strategic
corruption, and other activities described in paragraph \(2\),
in the Europe and Eurasia regions;
\(4\) describes monitoring and evaluation tools and metrics
to ensure that the unit's objectives are being met; and
\(5\) includes a spending plan for the funds that have been
appropriated to carry out the Countering Russian Influence
Fund under section 7047\(d\) of the National Security,
Department of State, and Related Programs Appropriations Act,
2026 \(division F of Public Law 119-75\).
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 8115. FACILITATING MOVES FOR DOMESTIC EMPLOYEES
TELEWORKING OVERSEAS.
The Secretary shall prescribe regulations authorizing the
Department to pay the costs associated with moving domestic
employees teleworking overseas who are spouses of Department
employees, and their personal belongings, directly from the
Department employee's overseas post to the Department
employee's next overseas post.
SEC. 8116. STRENGTHENING THE DEPARTMENT'S CAPACITY FOR
ECONOMIC AND TECHNOLOGY COMPETITION.
\(a\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Appropriations of the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Appropriations of the House of
Representatives.
\(2\) Critical and emerging technologies.—The term
“critical and emerging technologies” means technologies
selected by the Secretary, in consultation with other Federal
agencies, from the critical and emerging technologies list
published by the National Science and Technology Council at
the Office of Science and Technology Policy.
\(b\) In General.—The Secretary shall require the National
Foreign Affairs Training Center to provide Foreign Service
officers with a course covering Department cyber, digital,
and critical and emerging technologies policies.
\(c\) Annual Training Report.—Not later than 1 year after
the date of the enactment of this Act, and annually for the
following 5 years, the Secretary shall submit a report to
appropriate congressional committees describing the
development of the course required under subsection \(b\),
including—
\(1\) a list of topics covered by the course;
\(2\) the number of course attendees during the previous
calendar year;
\(3\) where such attendees were subsequently posted or
assigned; and
\(4\) any additional resources required to maintain the
course.
\(d\) Technology Pathway Report.—Not later than 1 year after
the date of the enactment of this Act, the Secretary shall
submit a report to the appropriate committees of Congress
assessing the feasibility and advisability of establishing a
dedicated technology pathway for Foreign Service officers.
\(e\) Report on Restrictive Economic Measures.—
\(1\) In general.—Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter for
the following 4 years, the Secretary shall submit a report to
the appropriate congressional committees describing its tools
for undertaking restrictive economic measures.
\(2\) Elements.—Each report required under paragraph \(2\)
shall—
\(A\) list tools for which—
\(i\) the Department serves as the lead agency; or
\(ii\) for which the Department participates in an
interagency process and can propose targets or measures,
including sanctions, export controls, and investment review
mechanisms;
\(B\) describe the role of the Department in developing,
considering, and implementing such measures, including—
\(i\) the source of the authority; and
\(ii\) the lead bureau and office for each authority; and
\(C\) describe the Department's capacity to assess such
measures consistent with United States foreign policy
objectives.
\(3\) Form of report.—Each report required under paragraph
\(2\) shall be submitted in unclassified form, but may include
a classified annex.
TITLE II—ORGANIZATION AND OPERATIONS
SEC. 8201. STREAMLINING MOVE PROCEDURES.
\(a\) In General.—The Secretary shall ensure United States
diplomatic posts receive support from Department headquarters
when conducting a permanent move from one facility to another
facility, including by establishing—
\(1\) a Department move handbook containing best practices,
lessons learned from previous post moves, and a repository of
templates and resources that is updated not less frequently
than every 5 years; and
\(2\) a feedback loop between move coordinators and the
Department headquarters to ensure lessons learned are
recorded at the completion of every post move.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees detailing steps the
Department has taken to meet the requirements described in
subsection \(a\).
SEC. 8202. BUREAU OF INTELLIGENCE AND RESEARCH PERSONNEL.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) intelligence analysis is a vital part of national
security;
\(2\) excellent analysis results from years of study; and
\(3\) the experience necessary to best support national
security cannot be quickly learned.
\(b\) In General.—A Foreign Service officer may not be
assigned to or selected for any position in the Bureau of
Intelligence and Research for positions higher than GS-12 or
FS-03 unless such officer has at least 2 years of relevant
intelligence experience.
SEC. 8203. STREAMLINING ARCTIC AMBASSADOR RESPONSIBILITIES.
Section 5143 of the Department of State Authorization Act
for Fiscal Year 2026 \(division E of Public Law 119-60; 22
U.S.C. 2651a note\) is amended—
\(1\) by striking subsection \(d\);
\(2\) by redesignating subsections \(e\), \(f\), \(g\), \(h\), and
\(i\) as subsections \(d\), \(e\), \(f\), \(g\) and \(h\), respectively;
and
\(3\) in subsection \(d\)\(3\), as redesignated, by inserting “,
in coordination with the senior officials of the Bureau of
European and Eurasian Affairs, the Bureau of Western
Hemisphere Affairs, and the Bureau of East Asian and Pacific
Affairs,” after “Affairs”.
SEC. 8204. ADVERSARY ALIGNMENT.
The Secretary shall convene an annual meeting of relevant
Department officials covering Iran, the Russian Federation,
the People's Republic of China, and the Democratic People's
Republic of Korea to discuss how these adversarial countries
are—
\(1\) cooperating;
\(2\) coordinating on shared priorities;
\(3\) providing military, economic, intelligence, and
diplomatic support to the other countries;
\(4\) facilitating sanctions evasion, transshipment of
controlled goods, and illicit financial activity; and
\(5\) sharing lessons-learned about ongoing conflicts in
which they are involved.
SEC. 8205. STRATEGY ON DEPARTMENT PLAN TO REOPEN DIPLOMATIC
FACILITIES IN SYRIA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit a strategy to the
appropriate congressional committees that a strategy that—
\(1\) indicates when the Department intends to reinstate a
diplomatic presence in Syria;
\(2\) includes an analysis of the timeline required for the
Department to reopen its diplomatic facilities within Syria,
including a cost estimate for reopening such facilities;
\(3\) describes the necessary diplomatic security measures
needed to maintain full-time diplomatic operations in Syria;
and
\(4\) includes recommendations for steps the Department could
take to improve its ability to establish and maintain full-
time diplomatic operations in Syria.
SEC. 8206. AMENDMENT TO REFLECT THE BUREAU OF MEDICAL
SERVICES.
Section 1\(p\) of the State Department Basic Authorities Act
of 1956 \(22 U.S.C. 2651a\(p\)\) is amended—
\(1\) in the subsection heading, by striking “Office of”
and inserting “Bureau of”; and
\(2\) in paragraph \(1\), by striking “Office of Medical
Services,” and inserting “Bureau of Medical Services”.
TITLE III—INFORMATION SECURITY AND CYBER DIPLOMACY
SEC. 8301. SECURITY REVIEW OF SCIENCE AND TECHNOLOGY
AGREEMENT WITH THE PEOPLE'S REPUBLIC OF CHINA.
\(a\) Definitions.—In this section:
\(1\) Appropriate committees of congress.—The term
“appropriate committees of Congress” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Commerce, Science, and Transportation
of the Senate;
\(C\) the Committee on the Judiciary of the Senate;
\(D\) the Committee on Foreign Affairs of the House of
Representatives;
\(E\) the Committee on Energy and Commerce of the House of
Representatives; and
\(F\) the Committee on the Judiciary of the House of
Representatives.
\(2\) Intelligence community.—The term “intelligence
community” has the meaning given such term in section 3 of
the National Security Act of 1947 \(50 U.S.C. 3003\).
\(3\) STA.—The term “STA” means the Agreement between the
Government of the United States of America and the Government
of the People's Republic of China on Cooperation in Science
and Technology, signed at Washington January 31, 1979, its
protocols, and any implementing agreements entered into
pursuant to such Agreement on or before the date of the
enactment of this Act.
\(b\) Security Review.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, the Secretary, in coordination
with relevant Federal science agencies and the intelligence
community, shall conduct a security review of the United
States-China Science and Technology Cooperation Agreement.
\(2\) Elements.—The review required under paragraph \(1\)
shall—
\(A\) assess the potential risks of maintaining the STA,
including the transfer under such agreement of technology or
intellectual property capable of harming the national
security interests of the United States or enabling the
People's Republic of China Military Civil-Fusion strategy;
\(B\) assess the Secretary's ability to monitor compliance of
the People's Republic of China's commitments established
under the STA;
\(C\) evaluate the benefits of the STA agreement to the
economy, military, industrial, and scientific base of the
People's Republic of China and of the United States; and
\(D\) evaluate the value of the information and data the
United States Government receives under the STA related to
the People's Republic of China that the United States
otherwise would not have access to should it withdraw its
participation in the STA.
\(c\) Report.—
\(1\) In general.—Not later than 30 days after completing
the review of the STA required under subsection \(b\), the
Secretary shall submit a report to the appropriate committees
of Congress detailing the findings of the review.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in unclassified form, but may include a classified
annex.
\(d\) Certification.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall certify to
the appropriate committees of Congress whether it is in the
national security interest of the United States to maintain
its participation in the STA through its current duration.
\(e\) Guidance.—Not later than 90 days after the Secretary
certifies that it is no longer in the national security
interest of the United States to maintain its participation
in the STA, the Secretary, in coordination with the heads of
relevant Federal agencies, shall promulgate guidance on
United States Federal science agency interactions with
counterpart agencies in the People's Republic of China for
the purposes of protecting United States technology,
intellectual property, and research.
SEC. 8302. INTERNAL REPORT ON SMART CABLE ANALYTICS.
During the 2-year period beginning on the date of the
enactment of this Act, the Secretary shall compile and
publish, within the Department, a semiannual report on SMART
cable analytics that includes, for every cable transmitted
from the Department headquarters in Washington, D.C.—
\(1\) the date on which the cable was transmitted;
\(2\) a brief title that reflects the topic of the cable;
\(3\) the official, bureau, or office within the Department
from which the cable originated;
\(4\) the number of Department employees who received the
cable; and
\(5\) the number of Department employees who opened the
cable.
SEC. 8303. GENERATIVE ARTIFICIAL INTELLIGENCE ENABLED
LANGUAGE TRANSLATION.
\(a\) Program for Language Translation Capabilities.—Section
1\(n\) of the State Department Basic Authorities Act of 1956
\(22 U.S.C. 2651a\(n\)\) is amended—
\(1\) by redesignating paragraph \(5\) as paragraph \(6\); and
\(2\) by inserting after paragraph \(4\) the following:
“\(5\) Program for language translation capabilities.—
“\(A\) Establishment.—The Chief Information Officer, in
coordination with the Chief Data and Artificial Intelligence
Officer, shall establish a program for the utilization of
multi-modal generative artificial intelligence language
translation capabilities within the Department of State.
“\(B\) Matters to be included.—The program required under
subparagraph \(A\) shall—
“\(i\) include an automated, human-in-the-loop review and
verification process option and a machine-only process
option, which allows users to choose which process to utilize
in adherence with Department policies;
“\(ii\) include real-time training and fine-tuning of
translation models for use within different geographic
regions and Department mission areas;
“\(iii\) be available on unclassified and classified
information technology networks;
“\(iv\) be capable of generating original content in non-
English languages; and
“\(v\) be available at all United States and overseas
missions of the Department.
“\(C\) Department policies.—The Chief Information Officer
shall ensure the deployment and use of artificial
intelligence tools for language translation capabilities as
part of this program adhere to Department policies, including
the conditions whenever it is appropriate to use machine-only
processes or automated human-in-the-loop review and
verification processes.
“\(D\) Definitions.—In this paragraph:
“\(i\) Automated, human-in-the-loop review and verification
process.—The term \`automated, human-in-the-loop review and
verification process' means an automated process within an
artificial intelligence language translation system that
requires human linguists to review and verify translations
performed by an artificial intelligence model for accuracy
prior to returning translated materials to a user.
“\(ii\) Machine-only process.—The term \`machine-only
process' means an artificial intelligence language
translation capability that delivers a translation to a user
without review by a human linguist.
“\(iii\) Multimodal.—The term \`multi-modal' means multiple
modes or formats of content to be translated, including
audio, text, video, and text contained within images.”.
\(b\) Briefing; Report.—The Chief Information Officer of the
Department shall—
\(1\) not later than 60 days after the date of the enactment
of this Act, provide a briefing to the appropriate
congressional committees regarding the status the program
established under section 1\(n\)\(5\) of the State Department
Basic Authorities Act of 1956, as amended by subsection \(a\);
and
\(2\) not later than 180 days after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees regarding the implementation of artificial
intelligence applications within the Department to improve
Department efficiency and mission operations, including
specific discussion of the program referred to in paragraph
\(1\).
TITLE IV—PUBLIC DIPLOMACY
SEC. 8401. MEGA-DECADE SPORTS DIPLOMACY.
\(a\) Definitions.—In this section, the terms “American
decade of sports” and “mega-decade of sports” mean the
major international sporting competitions hosted in the
United States between 2024 and 2034, including—
\(1\) the 2024 Copa America;
\(2\) the 2025 Club World Cup;
\(3\) the 2026 FIFA World Cup;
\(4\) the 2028 Summer Olympics and Paralympics;
\(5\) the 2031 Men's and 2033 Women's Rugby World Cup; and
\(6\) the 2034 Winter Olympics and Paralympics.
\(b\) Mega-decade Sports Diplomacy Strategy.—
\(1\) Submission of initial strategy.—Not later than 180
days after the date of the enactment of this Act, the
Secretary shall submit to the appropriate congressional
committees a 5-year sports diplomacy strategy to
strategically leverage the major sporting events being hosted
in the United States to enhance United States soft power,
diplomatic relationships, and global leadership.
\(2\) Submission of subsequent strategy.—Not later than 5
years after the date on which the initial strategy is
submitted pursuant to paragraph \(1\), the Secretary shall
submit to the appropriate congressional committees a
subsequent 5-year strategy that is similar to the strategy
required under paragraph \(1\), but also includes evaluations
of lessons learned from international sporting events held in
the United States during the previous 5-year period.
\(3\) Elements.—The strategies required under paragraphs \(1\)
and \(2\) shall include—
\(A\) a description of the Department's diplomatic objectives
and metrics of success related to the mega-decade of sports;
\(B\) a plan to partner with local host cities, diaspora
communities, creatives, athletes, the sports industry,
private sector entities, human rights organizations, and
civil society stakeholders surrounding the competitions for
the purpose of showcasing United States national strengths
and forging new diplomatic connections;
\(C\) a Department coordination plan for leveraging sporting
events to advance various diplomatic lines of effort,
including by—
\(i\) integrating sports diplomacy into regional bureaus'
bilateral engagements and efforts to pursue new areas of
cooperation with foreign partners;
\(ii\) integrating sports into public diplomacy to reach new
foreign audiences that might not otherwise engage with United
States embassies abroad; and
\(iii\) leveraging sports diplomacy to advance commercial
diplomacy;
\(D\) a plan to ensure an expeditious and secure visa process
for athletes and their families and support staff and
eligible international visitors planning to travel to the
United States to attend major international sporting events,
including reducing visa appointment wait times;
\(E\) a description of the financial and personnel support
needed to implement the 5-year sports diplomacy strategy; and
\(F\) any plans to deploy domestic public diplomacy
resources, such as the Cultural Unit and Foreign Press Center
established during the 1984 Summer Olympic Games, to enable
foreign visitors to engage with American culture and values.
\(4\) Public availability.—The strategies required under
paragraphs \(1\) and \(2\) shall be made publicly available on an
internet website of the Department not later than—
\(A\) 180 days after the date of the enactment of this Act,
with respect to the strategy required under paragraph \(1\);
and
\(B\) 5 years after the date described in subparagraph \(A\),
with respect to the strategy required under paragraph \(2\).
\(5\) Consultation.—The Secretary shall—
\(A\) consult with the appropriate congressional committees
regarding the elements of the strategies required under
paragraphs \(1\) and \(2\) before submitting either strategy; and
\(B\) provide information regarding the implementation of the
most recently submitted strategy every 180 days during the
period beginning on the date of such submission and ending on
December 31, 2034.
\(c\) Office of Sports Diplomacy.—
\(1\) In general.—The Office of Sports Diplomacy \(referred
to in this subsection as the “Office”\) is established in
the Bureau of Educational and Cultural Affairs of the
Department.
\(2\) Functions.—The Office shall manage sports diplomacy
exchange programs and implement the strategies required under
subsections \(b\), including by coordinating with Department
and interagency stakeholders—
\(A\) to coordinate the implementation of the strategy across
relevant bureaus, directorates, and offices of the
Department;
\(B\) to work with host cities and their social, political,
and economic partners to identify new avenues for engagement
with foreign entities;
\(C\) to engage local diaspora communities to deepen people-
to-people connections with foreign visitors and officials;
\(D\) to partner with the United States sports industry,
major sports leagues, and individual athletes to promote new
international sports partnerships and sports diplomacy
programs;
\(E\) to collaborate with host cities' international trade
and tourism offices to deepen economic and commercial ties
with foreign nations;
\(F\) to elevate United States arts, film, and music creators
to promote cultural exchange and connection with foreign
visitors; and
\(G\) to coordinate with Department and interagency
stakeholders to ensure efficient and expeditious processing
of visas for eligible international visitors, broadcasters,
athletes, and support staff interested in attending major
international sporting events in the United States.
\(3\) Sunset.—This subsection shall cease to have any force
or effect beginning on the date that is 10 years after the
date of the enactment of this Act.
\(d\) Annual Implementation Reports.—Not later than 1year
after the submission of the strategy required under
subsection \(b\)\(1\), and annually thereafter until December 31,
2034, the Secretary shall submit a report to the appropriate
congressional committees describing the progress made toward
achieving the objectives of this section.
SEC. 8402. STRENGTHENING UNITED STATES RESPONSE TO
ADVERSARIAL PROPAGANDA.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit a plan related to the
Strategy transmitted to Congress on March 6, 2026, entitled
“A Comprehensive Strategy to Counter Anti-U.S. Propaganda”,
which shall—
\(1\) identify the bureau leading Department efforts to
counter foreign adversarial propaganda;
\(2\) identify the number of full-time personnel, part-time
personnel, and contractors, respectively, dedicated to
countering foreign adversarial propaganda;
\(3\) describe how the Department will ensure the use of
commercial tools to detect and expose adversarial foreign
social media accounts and troll campaigns prioritizes foreign
accounts and campaigns aimed at sowing discord in the United
States and in allied and partner countries originating in—
\(A\) the People's Republic of China;
\(B\) the Russian Federation;
\(C\) the Islamic Republic of Iran; or
\(D\) the Democratic People's Republic of Korea;
\(4\) assess the resources necessary to counter the Russian
Federation's efforts to leverage the People's Republic of
China's social media platforms; and
\(5\) describe how the Department will accomplish the action
described in paragraph \(4\) during the 1-year period beginning
on the date of the enactment of this Act.
TITLE V—DIPLOMATIC SECURITY AND CONSULAR AFFAIRS
SEC. 8501. REPORT ON CONSULAR AFFAIRS OFFICERS JOINING UNITED
STATES MISSIONS TO PACIFIC ISLAND COUNTRIES.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) Pacific Island countries, especially the Freely
Associated States, are close United States partners located
across highly strategic waters that are critical for United
States national security; and
\(2\) it is in the national security interests of the United
States to maintain and strengthen relations with the
governments and citizens of Pacific Island countries.
\(b\) Defined Term.—In this section, the term “appropriate
committees of Congress” means—
\(1\) the Committee on Foreign Relations of the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Armed Services of the Senate;
\(4\) the Committee on Commerce, Science, and Transportation
of the Senate;
\(5\) the Committee on Foreign Affairs of the House of
Representatives;
\(6\) the Committee on Appropriations of the House of
Representatives;
\(7\) the Committee on Armed Services of the House of
Representatives; and
\(8\) the Committee on Energy and Commerce of the House of
Representatives.
\(c\) Report.—
\(1\) In general.—Not later than 120 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Commandant of the United States Coast Guard, the
Commander of United States Indo-Pacific Command, and the
Chief of Naval Operations, shall submit a report to the
appropriate committees of Congress that analyzes the
feasibility of attaching Department of State consular
officers to Coast Guard and Navy missions in Pacific Island
countries.
\(2\) Elements.—The report required under paragraph \(1\)
shall include—
\(A\) an assessment of—
\(i\) the current demand for consular services from citizens
of Pacific Island countries; and
\(ii\) the challenges such citizens face in obtaining
consular services;
\(B\) an assessment of the approximate value, including in
time and resources saved, the initiative described in
paragraph \(1\) could save citizens of Pacific Island countries
that do not host United States embassies by having their
United States consular decisions adjudicated or receiving
other consular services;
\(C\) an assessment of the cost that would be incurred by the
Department, the United States Coast Guard, the United States
Indo-Pacific Command, and the United States Navy from the
implementation of such initiative, including potential
alternative cost-effective options and recommendations for
providing consular services to citizens of Pacific Island
countries;
\(D\) an assessment of the frequency and duration of Coast
Guard and Navy deployments to Pacific Island countries,
including—
\(i\) deployment frequency measured against the desired
number of visits;
\(ii\) the amount of time typically spent in port for such
visits; and
\(iii\) disruptions to planned Coast Guard and Navy missions
in order to visit locations needing consular assistance; and
\(E\) an evaluation of the logistical issues to be addressed
to implement the initiative described in paragraph \(1\),
including—
\(i\) an analysis of the spacing requirements to host
Department personnel and equipment aboard the various types
of Coast Guard and Navy vessels that make port calls to the
Pacific Islands;
\(ii\) an analysis of the information technology and
connectivity requirements to conduct consular affairs
activities in the Pacific Islands;
\(iii\) the feasibility of printing visas aboard Coast Guard
and Navy vessels;
\(iv\) maintaining the physical security of consular officers
and relevant adjudication equipment, during such missions;
\(v\) the impacts to Coast Guard and Navy vessels' operations
and security; and
\(vi\) the estimated time consular officers would spend on
board Coast Guard and Navy vessels between visits to Pacific
Island countries.
SEC. 8502. EXPEDITED APPOINTMENT PROGRAM FOR MAJOR EVENTS.
\(a\) In General.—Chapter 8 of title II of the Immigration
and Nationality Act \(8 U.S.C. 1321 et seq.\) is amended by
adding at the end the following:
“SEC. 280A. EXPEDITED APPOINTMENT PROGRAM FOR MAJOR EVENTS.
“\(a\) Definitions.—In this section:
“\(1\) Appropriate congressional committees.—The term
\`appropriate congressional committees' means—
“\(A\) the Committee on Foreign Relations of the Senate;
“\(B\) the Committee on the Judiciary of the Senate;
“\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
“\(D\) the Committee on the Judiciary of the House of
Representatives.
“\(2\) Event organizer.—The term \`event organizer' means an
entity responsible for administering ticketing or
registration for a Major Event.
“\(3\) Major event.—The term \`Major Event' means an event
held in the United States that the Secretary, in coordination
with the Secretary of Homeland Security, has designated as
meeting the criteria established under subsection \(b\),
including criteria relating to—
“\(A\) the expected number of foreign visitors;
“\(B\) the national or international scope of the event;
“\(C\) whether the event is ticketed or registration-based;
and
“\(D\) the ability of the event organizer—
“\(i\) to verify attendees are ticketed or registered for
the event; and
“\(ii\) to submit verified attendee information in
accordance with subsection \(f\) not later than 60 days before
the first day of the event.
“\(4\) Qualified event attendee.—The term \`Qualified Event
Attendee' means an alien who—
“\(A\) has purchased, obtained, or otherwise holds an
official ticket or registration for a Major Event;
“\(B\) has been verified by the event organizer as ticketed
or registered; and
“\(C\) is included on a verified attendee list submitted by
the event organizer pursuant to subsection \(f\).
“\(5\) Secretary.—The term \`Secretary' means the Secretary
of State.
“\(b\) Registry of Major Events.—
“\(1\) Establishment.—Not later than 180 days after the
date of the enactment of the Department of State
Authorization Act for Fiscal Year 2027, the Secretary, in
coordination with the Secretary of Homeland Security, shall
establish and maintain a registry of Major Events for
purposes of this section.
“\(2\) Criteria.—The Secretary, in coordination with the
Secretary of Homeland Security, shall—
“\(A\) establish objective criteria for the designation of
Major Events; and
“\(B\) make such criteria publicly available.
“\(3\) Application.—An event organizer may submit an
application for designation of an event as a Major Event in
such form, manner, and time as the Secretary may reasonably
require.
“\(4\) Public list.—The Secretary shall maintain a publicly
available list of events designated as Major Events.
“\(c\) Expedited Appointment Program.—
“\(1\) Establishment.—The Secretary shall establish an
expedited appointment program to provide Qualified Event
Attendees priority access to scheduling visa interview
appointments at consular posts abroad.
“\(2\) Scheduling only.—The expedited appointment program
established pursuant to paragraph \(1\)—
“\(A\) shall only provide priority scheduling; and
“\(B\) may not be construed—
“\(i\) to waive any visa eligibility requirement;
“\(ii\) to waive any documentary requirement;
“\(iii\) to waive or reduce screening, vetting, or security
procedures;
“\(iv\) to guarantee visa issuance; or
“\(v\) to limit the authority of a consular officer to
refuse a visa.
“\(d\) Event Visa Queue.—
“\(1\) Separate queue.—The Secretary shall require consular
posts to maintain, in addition to any other appointment
queues, a separate appointment scheduling queue for Qualified
Event Attendees.
“\(2\) Priority scheduling.—The Secretary shall provide for
priority scheduling for applicants in the appointment
scheduling queue required under paragraph \(1\), subject to the
safeguards described in subsection \(h\).
“\(e\) Period of Eligibility.—The Secretary shall
establish, for each Major Event, a period during which
Qualified Event Attendees may access the expedited
appointment program, which shall—
“\(1\) begin on the date on which the Major Event is so
designated pursuant to subsection \(b\); and
“\(2\) end after the conclusion of the event, as determined
by the Secretary.
“\(f\) Event Organizer Obligations.—
“\(1\) Verified attendee list.—As a condition of
designation of an event as a Major Event, the event organizer
shall submit to the Secretary, in a secure manner and on a
schedule determined by the Secretary, a verified attendee
list containing such information as the Secretary determines
to be necessary to administer this section.
“\(2\) Identity verification.—The event organizer shall
verify the identity of each individual included on a verified
attendee list.
“\(3\) Fraud prevention.—The Secretary shall require event
organizers to implement reasonable controls to prevent fraud,
including controls to prevent eligibility based on resale or
unofficial tickets or registrations.
“\(4\) Noncompliance.—The Secretary may remove an event
from the registry under subsection \(b\) or suspend the
eligibility of such event under this section if the event
organizer fails to comply with the requirements under this
subsection.
“\(5\) Privacy and security.—The Secretary shall establish
appropriate privacy and data security protocols for
information submitted under this subsection, consistent with
applicable law.
“\(g\) Staffing and Operational Measures.—The Secretary may
take such measures as may be necessary to implement this
section, including—
“\(1\) the temporary assignment or deployment of consular
personnel; and
“\(2\) appointment scheduling capacity adjustments at
consular posts experiencing event-driven demand.
“\(h\) Safeguards.—
“\(1\) No material degradation.—The Secretary shall
implement this section in a manner that does not materially
degrade appointment availability for other visa applicants.
“\(2\) Nondiscrimination.—The expedited appointment program
shall be administered in a consistent and nondiscriminatory
manner.
“\(3\) No additional applicant fee.—Except as provided in
subsection \(i\), the Secretary may not impose an additional
fee on an alien for participation in the expedited
appointment program.
“\(i\) Optional Event Facilitation Surcharge.—
“\(1\) Authority.—The Secretary may establish a modest
surcharge to support the administrative and operational costs
of implementing this section.
“\(2\) Use of funds.—Amounts collected under this
subsection shall be available to the Secretary, subject to
appropriation, for purposes of administering this section,
including administering staffing surges and scheduling
improvements.
“\(j\) Reports.—
“\(1\) Annual report.—Not later than 1 year after the date
of the enactment of the Department of State Authorization Act
for Fiscal Year 2027, and annually thereafter, the Secretary
shall submit a report to the appropriate congressional
committees that describes the implementation of this section.
“\(2\) Post-event report.—Not later than 180 days after the
conclusion of each Major Event, the Secretary shall submit a
report to the appropriate congressional committees that
describes the implementation of this section with respect to
such event.”.
\(b\) Clerical Amendment.—The table of contents for the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\) is
amended by inserting after the item relating to section 280
the following:
“Sec. 280A. Expedited appointment program for major events.”.
\(c\) No Private Right of Action.—Nothing in the amendments
made by this section may be construed to create any right or
benefit, substantive or procedural, enforceable at law by any
party against the United States, its departments, agencies,
entities, officers, employees, or agents, or any other
person.
\(d\) Effective Date.—This section, and the amendments made
by this section, shall take effect on the date of the
enactment of this Act.
SEC. 8503. SECURE EMBASSY CONSTRUCTION AND COUNTERTERRORISM
ACT OF 2022 IMPLEMENTATION REPORT.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees detailing
the steps the Department has taken to implement amendments
made to the Secure Embassy Construction and Counterterrorism
Act of 1999 \(title VI of division A of H.R. 3427, as enacted
into law by section 1000\(a\)\(7\) of Public Law 106-113 and
contained in appendix G of that Act\) after the date of the
enactment of the Secure Embassy Construction and
Counterterrorism Act of 2022 \(title XCIII of Public Law 117-
263\).
\(b\) Contents.—The report required under subsection \(a\)
shall include—
\(1\) an overview of the Department's approach to
implementing the amendments made to the Secure Embassy
Construction and Counterterrorism Act of 1999 by the Secure
Embassy Construction and Counterterrorism Act of 2022;
\(2\) a description of the guidelines the Secretary has
adopted to collect and utilize information from each
diplomatic post at which the construction of a new embassy
compound or new consulate compound could result in the
closure or co-location of an American Space that is owned and
operated by the United States Government \(commonly known as
an “American Center”\), or any other public diplomacy
facility under the Secure Embassy Construction and
Counterterrorism Act of 1999;
\(3\) a list of every instance in which the Secretary
utilized the authorities established by the Secure Embassy
Construction and Counterterrorism Act of 2022, including an
explanation of why such authorities were determined to be
necessary in each instance;
\(4\) an assessment of cost savings, disaggregated by year
and efficiencies gained, by the Department as a result of the
amendments to the Secure Embassy Construction and
Counterterrorism Act of 1999 made by the Secure Embassy
Construction and Counterterrorism Act of 2022; and
\(5\) an assessment of how, if at all, the Secure Embassy
Construction and Counterterrorism Act of 1999 could be
further amended to ensure the Department's risk calculus is
calibrated in a manner that best advances United States
interests abroad, while simultaneously ensuring the safety
and security of United States personnel and diplomatic posts.
SEC. 8504. COUNTERINTELLIGENCE UNIT AT ALL CRITICAL
COUNTERINTELLIGENCE THREAT POSTS.
The Secretary shall require that each United States
diplomatic post rated critical for counterintelligence
threats to employ not fewer than 1 full-time Diplomatic
Security agent at all times.
SEC. 8505. AUTHORIZATION OF CERTAIN PUBLIC LIBRARIES TO
COLLECT AND RETAIN FEES FOR THE ACCEPTANCE AND
EXECUTION OF PASSPORT APPLICATIONS.
\(a\) In General.—Subsection \(a\) of the Passport Act of June
4, 1920 \(22 U.S.C. 214\(a\)\), is amended by adding at the end
the following:
“\(4\) The Secretary of State may authorize a public library
that is organized as a nongovernmental organization, a
nonprofit, a charitable organization, or a trust and is in
compliance with regulations prescribed by the Secretary of
State for the acceptance and execution of passport
applications—
“\(A\) to serve as a passport acceptance facility; and
“\(B\) to collect and retain the execution fee for a
passport accepted by such public library.”.
\(b\) Authorization of Public Libraries That Previously
Served as Passport Acceptance Facilities.—
\(1\) In general.—Not later than 30 days after the date of
the enactment of this Act, the Secretary shall authorize any
public library to serve as a passport acceptance facility and
to collect and retain an execution fee for a passport
accepted by such library, if, before the date of the
enactment of this Act, such public library—
\(A\) had served as a passport acceptance facility; and
\(B\) was in compliance with the regulations prescribed by
the Secretary of State for the acceptance and execution of
passport applications.
\(2\) Report.—Not later than 30 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes—
\(A\) documentation of the Secretary's compliance with the
requirements described in paragraph \(1\); or
\(B\) if the Secretary is not in compliance with such
requirements, an explanation for such noncompliance.
\(c\) Conforming Amendment.—Subsection \(a\)\(1\) of the
Passport Act of June 4, 1920 \(22 U.S.C. 214\(a\)\(1\)\), is
amended—
\(1\) by striking “State officials or the United States
Postal Service” and inserting “a State, a local government,
the United States Postal Service, or a public library that
meets the requirements described in paragraph \(4\)”; and
\(2\) by striking “by such officials or by that Service.”
and inserting “by such State, local government, Postal
Service, or public library.”.
SEC. 8506. REVIEW OF TOUR LENGTHS FOR FOREIGN SERVICE
OFFICERS AT CRITICAL HUMAN INTELLIGENCE THREAT
POSTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary shall submit a report to the
appropriate congressional committees that—
\(1\) evaluates the length of Foreign Service postings at
critical Human Intelligence threat posts identified in the
Security Environment Threat List;
\(2\) assesses the counterintelligence or safety risks of
current tour of duty lengths;
\(3\) determines whether changes at specific posts are
necessary to mitigate counterintelligence safety risks
referred to in paragraph \(2\); and
\(4\) describes the changes the Department is making in
accordance with the determination under paragraph \(3\) and the
timeline for implementing such changes.
SEC. 8507. MODERNIZATION OF CONSULAR FORMS.
\(a\) In General.—The Secretary shall ensure that all
consular forms managed by the Bureau of Consular Affairs are
mobile responsive and have an electronic signature option.
\(b\) Briefing and Certification.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall—
\(1\) brief the appropriate congressional committees
regarding the status of the modernization efforts described
in subsection \(a\); and
\(2\) submit written certification to the appropriate
congressional committees that all consular forms managed by
the Bureau of Consular Affairs are mobile responsive and have
an electronic signature option.
SEC. 8508. EXPANSION OF LIMITED CONSULAR APPOINTMENT
AUTHORITY.
Section 309 of the Foreign Service Act of 1980 \(22 U.S.C.
3949\) is amended—
\(1\) in subsection \(a\), by inserting “, or 8 years in
duration for personnel performing consular services,” after
“may not exceed 5 years in duration”; and
\(2\) in subsection \(b\)\(6\)—
\(A\) in subparagraph \(A\), by striking “or” at the end;
\(B\) in subparagraph \(B\), by striking the period at the end
and inserting “; or”; and
\(C\) by adding at the end the following:
“\(C\) a limited noncareer appointment for a period not to
exceed 2 years, in the case of personnel performing consular
services.”.
SEC. 8509. REPORT ON INDEFINITE SUSPENSIONS FOR MEMBERS OF
THE CIVIL SERVICE.
Section 610\(c\)\(5\) of the Foreign Service Act of 1980 \(22
U.S.C. 4010\(c\)\(5\)\) is amended by inserting “and each member
of the Civil Service whose security clearance remains
suspended for more than one calendar year” after “one
calendar year”.
SEC. 8510. LIMITATION ON WAIVER OF PASSPORT EXPIRATION DATE
REQUIREMENT FOR NATIONALS OF COUNTRIES
REQUIRING UNITED STATES CITIZENS TO POSSESS
PASSPORTS THAT EXPIRE AT LEAST 6 MONTHS AFTER
THEIR DEPARTURE.
\(a\) In General.—Section 212\(a\)\(7\)\(B\)\(ii\) of the
Immigration and Nationality Act \(8 U.S.C. 1182\(a\)\(7\)\(B\)\(ii\)\)
is amended to read as follows:
“\(ii\) Reciprocity requirement.—Notwithstanding subsection
\(d\)\(4\) and section 217, the passport expiration date
requirement under clause \(i\) may only be waived with respect
to a national of a foreign country to the extent such country
similarly waives its passport expiration date requirement
with respect to citizens of the United States.”.
\(b\) Effective Date.—The amendment made by subsection \(a\)
shall take effect on
the date that is 1 year after the date of the enactment of
this Act.
SEC. 8511. ARTIFICIAL INTELLIGENCE USE FOR ONLINE PRESENCE
REVIEW.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the integration of artificial intelligence \(referred to
in this section as “AI”\) into Consular Affairs work for
visa adjudication requires measures to be taken to reduce the
likelihood of negative results or discriminatory outcomes;
and
\(2\) as AI technologies are utilized for efficiency, human
oversight remains critical and visa adjudication decisions
must ultimately rest with consular officers.
\(b\) Report on Implementation of AI for Online Presence
Review.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees describing how the
Department uses AI to review the online presence and other
information of visa candidates.
\(c\) Report Elements.—The report required under subsection
\(b\) shall describe—
\(1\) the Bureau of Diplomatic Technology's implementation
plan;
\(2\) the specific ways consular officers are using AI in the
visa adjudication process;
\(3\) how AI is being used to identify information and how
such information is analyzed; and
\(4\) safeguards that are in place to protect the privacy of
visa candidates, particularly minors.
TITLE VI—MISCELLANEOUS
SEC. 8601. REPORT ON PEOPLE'S REPUBLIC OF CHINA GLOBAL
POLICING.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for the
following 3 years, the Secretary shall submit a report to the
appropriate congressional committees that describes—
\(1\) significant developments in the People's Republic of
China's international law enforcement engagements occurring
during the 12-month period immediately preceding the
submission of each such report;
\(2\) United States Government assessments of the impact of
those engagements on United States interests; and
\(3\) United States Government and partner country efforts to
address the growing influence of the People's Republic of
China's international law enforcement activities.
\(b\) Elements.—Each report required under subsection \(a\)
shall include—
\(1\) the implications for United States national security
and interests of the People's Republic of China's commitments
to sell or donate third countries with police training,
resources, and funding;
\(2\) the foreign policy implications for United States
national security and interests of People's Republic of
China-supported international law enforcement facilities, the
adoption of People's Republic of China-origin surveillance
technology or other digital tools by foreign law enforcement
partners, and joint training; and
\(3\) the implications for United States national security
and interests of the People's Republic of China international
police summits and major bilateral and multilateral
engagements with foreign partners.
\(c\) Form of Report.—Each report required under subsection
\(a\) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 8602. AU PAIR REGULATION.
\(a\) Clarification of Exclusive Federal Regulatory
Authority.—
\(1\) In general.—A State or political subdivision of a
State may not enact or enforce a law, regulation, or other
provision having the force or effect of law related to or
that would impose additional or different terms or conditions
upon the au pair program administered by the Department of
State.
\(2\) Rule of construction.—Nothing in this section may be
construed to limit the application of State laws of general
applicability, including criminal laws, that are unrelated to
and do not alter or affect any area of Federal regulation
applicable to the Department's au pair program.
\(b\) Revised Proposed Rule.—Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
conduct an assessment and submit to the President a proposed
rule that—
\(1\) provides a uniform national modification that—
\(A\) increases the stipend and the educational stipend
provided by a host family to an au pair;
\(B\) reflects the room, board, and other programmatic costs
borne by a host family; and
\(C\) sustains the same level of program participation by
both au pairs and host families;
\(2\) enhances flexibility in the au pair program to
accommodate unique family scheduling needs, including
military families, first responders, single parents, shift
workers, and other host families with non-traditional work
schedules;
\(3\) ensures necessary safeguards are updated to protect the
health and safety of au pairs, host families, and their
children; and
\(4\) promotes the immersion of an au pair into the family
life of their host family, consistent with the cultural
exchange purposes of the au pair program.
SEC. 8603. REQUIREMENT FOR THINK TANKS TO DISCLOSE FOREIGN
FUNDING.
\(a\) Definitions.—In this section:
\(1\) Covered organization.—The term “covered
organization” means any United States think tank that
received funding, including in the form of grants, from the
Department in the previous calendar year.
\(2\) Covered source of funding.—The term “covered source
of funding” means a foreign governmental entity from the
People's Republic of China, the Islamic Republic of Iran, or
the Russian Federation.
\(3\) Foreign governmental entity.—The term “foreign
governmental entity” means—
\(A\) any department, agency, or other entity of a foreign
government at the national, regional, or local level;
\(B\) any governing party or coalition of such a government,
including subsidiary national, regional, or local level
entities;
\(C\) any entity majority-owned or majority-controlled by
such a government; or
\(D\) any company, economic project, cultural organization,
exchange program, or nongovernmental organization that is
more than 33 percent owned or controlled by such a government
or advisors, consultants, or representatives of such a
government.
\(4\) Think tank.—The term “think tank” means a stand-
alone institution, organization, corporation, or group that
studies public policy issues with the primary objective of
providing information, ideas, and recommendations to United
States Government entities regarding the development and
implementation of policy.
\(b\) Rulemaking.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations requiring covered organizations to submit an
annual disclosure to the Under Secretary of State for
Management that describes—
\(1\) any funding, cooperative research or staffing
agreements, or joint projects—
\(A\) received from or executed with a covered source of
funding; and
\(B\) the purpose or subject of which relates to a topic the
covered organization engages on with the Department; and
\(2\) any practices or processes undertaken by the covered
organization to ensure that its research agenda or products
are not influenced by covered sources of funding.
\(c\) Report Required.—Not later than 120 days after the
effective date of the regulations prescribed under subsection
\(b\), the Secretary shall submit a report to the appropriate
congressional committees that describes—
\(1\) the status of implementing the regulations and any
challenges or obstacles to such implementation;
\(2\) the offices within the Department that are responsible
for implementing the regulations; and
\(3\) any recommendations to improve upon the regulations
required under this section to overcome challenges to
implementation.
SEC. 8604. MARKING AND BRANDING.
\(a\) In General.—Section 641 of the Foreign Assistance Act
of 1961 \(22 U.S.C. 2401\) is amended to read as follows:
“SEC. 641. MARKING AND BRANDING.
“The Secretary of State, in coordination with the heads of
other relevant Federal departments and agencies implementing
covered United States international assistance programs and
funds, and with due consideration for the safety and security
of implementing partners and beneficiaries, shall establish
and prescribe the use of uniform branding and marking
requirements to appropriately identify all goods provided to
foreign beneficiaries under this Act, which shall include the
flag of the United States and the words \`from the American
people'.”.
\(b\) Audit.—Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the
Department, or any equivalent or successor Inspector General
charged with overseeing covered United States international
assistance programs and funds, shall submit a report to the
appropriate congressional committees containing the results
of an audit of compliance with relevant branding and marking
requirements by partners implementing such programs and
funds, including any requirements prescribed pursuant to
section 641 of the Foreign Assistance Act of 1961, as amended
by subsection \(a\).
\(c\) Definitions.—In this section, the term “covered
United States international assistance programs and funds”
means United States international assistance authorized to be
appropriated or otherwise made available to carry out—
\(1\) chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961 \(22 U.S.C. 2151 et seq. and 22 U.S.C. 2293 et
seq.\), relating to Development Assistance or Global Health
Programs;
\(2\) chapter 9 of part I of the Foreign Assistance Act of
1961 \(22 U.S.C. 2292 et seq.\), relating to International
Disaster Assistance and Transition Initiatives;
\(3\) chapter 4 of part II of the Foreign Assistance Act of
1961 \(22 U.S.C. 2346 et seq.\) relating to Economic Support
Funds;
\(4\) the provisions of the Foreign Assistance Act of 1961
\(22 U.S.C. 2151 et seq.\) and paragraphs \(3\) and \(5\) of
section 502\(b\) of the National Endowment for Democracy Act
\(title V of Public Law 98-164; 22 U.S.C. 4411\) relating to
the Democracy Fund;
\(5\) chapter 11 of part I of the Foreign Assistance Act of
1961 \(22 U.S.C. 2295 et seq.\), the FREEDOM Support Act
\(Public Law 102-511; 22 U.S.C. 5801 et seq.\), and the Support
for Eastern European Democracy \(SEED\) Act of 1989 \(Public Law
101-179; 22 U.S.C. 5401 et seq.\), relating to Assistance for
Europe, Eurasia and Central Asia;
\(6\) subsections \(a\), \(b\), and \(c\) of section 2 of the
Migration and Refugee Assistance Act of 1962 \(22 U.S.C.
2601\), relating to Migration
and Refugee Assistance and Emergency Migration and Refugee
Assistance;
\(7\) the Food for Peace Act \(7 U.S.C. 1691 et seq.\);
\(8\) section 509\(b\) of the Global Fragility Act of 2019
\(title V of division J of Public Law 116-94\), relating to the
Complex Crisis Fund;
\(9\) the Global Health Security and Diplomacy and
International Pandemic Prevention, Preparedness, and Response
Act \(subtitle D of title LV of division E of Public Law 117-
263; 22 U.S.C. 2151b note\);
\(10\) the United States African Development Foundation Act
\(title V of Public Law 96-533; 22 U.S.C. 290h et seq.\);
\(11\) the provisions of section 401\(b\) of the Foreign
Assistance Act of 1969 \(22 U.S.C. 290f\(b\)\) relating to the
Inter-American Foundation; and
\(12\) section 661 of the Foreign Assistance Act of 1961 \(22
U.S.C. 2421\), relating to the United States Trade and
Development Agency.
SEC. 8605. PERMITTING FOR INTERNATIONAL BRIDGES AND LAND
PORTS OF ENTRY.
Section 6 of the International Bridge Act of 1972 \(33
U.S.C. 535d\) is amended—
\(1\) in subsection \(a\)—
\(A\) in paragraph \(1\)—
\(i\) in the matter preceding subparagraph \(A\), by striking
“December 31, 2024,” and inserting “December 31, 2035,”;
and
\(ii\) by striking subparagraphs \(A\), \(B\), and \(C\), and
inserting the following:
“\(A\) An international bridge between the United States and
Mexico.
“\(B\) An international bridge between the United States and
Canada.
“\(C\) A port of entry on the international land border
between the United States and Mexico.
“\(D\) A port of entry on the international land border
between the United States and Canada.”; and
\(B\) in paragraph \(2\)\(A\)\(ii\), by inserting “or land port of
entry” after “international bridge”;
\(2\) in subsection \(b\), by inserting “or land port of
entry” after “international bridge”;
\(3\) in subsection \(c\)\(2\), by inserting “or land port of
entry” after “international bridge”;
\(4\) in subsection \(f\), by inserting “or land port of
entry” after “international bridge” each place it appears.
SEC. 8606. ARMS EXPORT CONTROL ACT INCREASE FOR DIRECT
COMMERCIAL CONTRACTS AUTHORITY.
Section 23\(h\) of the Arms Export Control Act \(22 U.S.C.
2763\(h\)\) is amended by striking “$100,000,000” and
inserting “$300,000,000”.
SEC. 8607. SUNSETTING THE 180-DAY COVID OBLIGATION AND
EXPENDITURE REPORTS.
Section 406\(b\) of the Coronavirus Preparedness and Response
Supplemental Appropriations Act, 2020 \(Public Law 116-123\) is
amended by striking “until all funds have been expended”
and inserting “through Fiscal Year 2026”.
SEC. 8608. CLARIFICATION OF NOTIFICATION, REPORTING, AND
CONSULTATION REQUIREMENTS.
Section 634A of the Foreign Assistance Act of 1961 \(22
U.S.C. 2394-1\) is amended by striking subsection \(c\) and
inserting the following:
“\(c\) The President shall notify, report to, and consult
with the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
concerning any funds in the International Affairs Budget
Function, the authorizations of appropriations for which are
in their respective jurisdictions, to the same degree and
with the same conditions as the President notifies, reports
to, or consults with the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives. The requirements under this subsection are
in addition to, and not in lieu of, other notification,
reporting, and consultation requirements.
“\(d\) Clarification.—No other provision of law, including
any notwithstanding authority, may be construed to authorize
a waiver or alteration of a requirement to consult, report,
notify, or brief Congress, unless such provision clearly
authorizes a waiver or alteration of requirement to consult,
report, notify, or brief Congress or specifies that it
supersedes this section.”.
SEC. 8609. CONGRESSIONAL DELEGATIONS.
Section 5172 of the Department of State Authorization Act
for Fiscal Year 2026 \(division E of Public Law 119-60; 22
U.S.C. 2680 note\) is amended—
\(1\) by redesignating subsections \(c\) and \(d\) as subsections
\(d\) and \(e\), respectively; and
\(2\) by inserting after subsection \(b\) the following:
“\(c\) Decisions Not to Support Travel.—
“\(1\) In general.—Any decision not to support
congressional travel shall rest exclusively with the Chief of
Mission of the relevant country or the Secretary of State and
may not be delegated to any other official.
“\(2\) Justification.—Not later than 5 days after a
decision not to support congressional travel, the deciding
official shall provide the head of the congressional
delegation with a specific written justification for such
decision.”.
SEC. 8610. MODIFICATION OF THE SPECIAL RULE FOR COUNTRIES
DOWNGRADED FROM AND REINSTATED TO THE TIER 2
WATCH LIST IN THE TRAFFICKING IN PERSONS
REPORT.
\(a\) Modification to Special Rule for Downgraded and
Reinstated Countries.—Section 110\(b\)\(2\)\(F\) of the
Trafficking Victims Protection Act of 2000 \(division A of
Public Law 106-386; 22 U.S.C. 7107\(b\)\(2\)\(F\)\) is amended—
\(1\) in the matter preceding clause \(i\), by striking “the
special watch list” and all that follows through “the
country—” and inserting “the Tier 2 watch list described
in subparagraph \(A\) for more than 2 years immediately after
the country consecutively—”;
\(2\) in clause \(i\), in the matter preceding subclause \(I\),
by striking “the special watch list described in
subparagraph \(A\)\(iii\)” and inserting “the Tier 2 watch list
described in subparagraph \(A\)”; and
\(3\) in clause \(ii\), by inserting “in the year following
such waiver under subparagraph \(D\)\(ii\)” before the period at
the end.
SEC. 8611. UNITED STATES SUPPORT TO UNITED NATIONS
PEACEKEEPING DUPLICATIVE REPORTING.
Section 4\(d\)\(5\)\(B\) of the United Nations Participation Act
of 1945 \(22 U.S.C. 287b\(d\)\(5\)\(B\)\), is hereby repealed.
SEC. 8612. COOPERATION COUNCIL FOR THE ARAB STATES OF THE
GULF PRIVILEGES AND IMMUNITIES.
The International Organizations Immunities Act \(22 U.S.C.
288 et seq.\) is amended by adding at the end the following:
“Sec. 20. Under such terms and conditions as the
President shall determine, the President may extend the
provisions of this Act to the Cooperation Council for the
Arab States of the Gulf in the same manner, to the same
extent, and subject to the same conditions, as they may be
extended to a public international organization in which the
United States participates pursuant to any treaty or under
the authority of any Act of Congress authorizing such
participation or making an appropriation for such
participation.”.
SEC. 8613. RESTRICTIONS ON STINGER MISSILE TRANSFERS TO
BAHRAIN.
Section 581\(b\) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 \(Public Law
101-167\), is amended—
\(1\) in the subsection heading, by striking “Replacement”;
\(2\) in the matter preceding paragraph \(1\), by striking “in
order to replace,” and all that follows through “or
otherwise destroyed”;
\(3\) in paragraph \(1\), by striking “Replacement”; and
\(4\) in paragraph \(2\), by striking “replacement”.
SEC. 8614. ALIGNMENT OF ARMS EXPORT CONTROL ACT AMENDMENTS
WITH THE EXPORT CONTROL REFORM ACT.
Section 38 of the Arms Export Control Act \(22 U.S.C. 2778\)
is amended by inserting after subsection \(c\) the following:
“\(d\) The functions exercised under this Act shall not be
subject to sections 551, 553 through 559, and 701 through 706
of title 5, United States Code.”.
SEC. 8615. CHARGE FEES FOR AND RECOVER REVENUES FROM GOODS
AND SERVICES AT UNITED STATES EXPO PAVILIONS.
The Secretary is authorized to charge fees for, and recover
revenues from, goods and services related to United States
pavilions at international expositions, including for visitor
services, retail shop services, and food and beverage
services.
SEC. 8616. MODERNIZING THE NOT FULLY COOPERATING COUNTRIES
PROCESS.
Section 40A\(a\) of the Arms Export Control Act \(22 U.S.C.
2781\(a\)\) is amended—
\(1\) by striking “No defense article” and inserting the
following:
“\(1\) In general.—No defense article”;
\(2\) in paragraph \(1\), as redesignated, by striking “, by
May 15 of the calendar year in which that fiscal year
begins,”; and
\(3\) by adding at the end the following:
“\(2\) Any additions or removals of foreign countries to the
list of foreign countries determined as not cooperating with
United States antiterrorism efforts pursuant to paragraph \(1\)
shall be certified to Congress not later than May 15 of a
fiscal year for implementation in the following fiscal
year.”.
SEC. 8617. CHANGE TO THE MISSILE SANCTIONS LAWS STATUTORY
REFERENCES.
\(a\) Violations by United States Persons.—Section 11B\(a\) of
the Export Administration Act of 1979 \(50 U.S.C. 4612\(a\)\) is
amended—
\(1\) in paragraph \(1\)\(A\)\(i\), by striking “section 5 or 6 of
this Act” and inserting “section 1753 of the Export
Controls Act of 2018 \(50 U.S.C. 4813\)”; and
\(2\) in paragraph \(2\), by striking “section 11 of this
Act” and inserting “section 1754 of the Export Controls Act
of 2018 \(50 U.S.C. 4819\)”.
\(b\) Presumption That Item Is Designed for Use in a
Missile.—Section 73\(f\) of the Arms Export Control Act \(22
U.S.C. 2797b\(f\)\) is amended by striking “for purposes of
4605\(j\)\(1\)\(A\) of title 50” and inserting “for purposes of
section 1754 of the Export Controls Act of 2018 \(50 U.S.C.
4813\(c\)\(1\)\(A\)\)”.
SEC. 8618. CONGRESSIONAL NOTIFICATIONS UNDER THE ARMS EXPORT
CONTROL ACT.
\(a\) Dollar Amount Thresholds.—The Arms Export Control Act
\(22 U.S.C. 2751 et seq.\) is amended—
\(1\) in sections 3\(d\)\(1\), 3\(d\)\(3\)\(A\), 36\(b\)\(1\), 36\(b\)\(5\)\(C\),
36\(c\)\(1\), and 63\(a\)\(1\), by striking “$14,000,000” each
place it appears and inserting “$25,000,000 \(as adjusted
pursuant to section 48\)”;
\(2\) in sections 3\(d\)\(1\), 3\(d\)\(3\)\(A\), 36\(b\)\(1\), 36\(b\)\(5\)\(C\),
36\(c\)\(1\), 47\(6\), 63\(a\)\(1\), and 71\(d\),
by striking “$50,000,000” each place it appears and
inserting “$88,000,000 \(as adjusted pursuant to section
48\)”;
\(3\) in sections 3\(d\)\(5\)\(A\), 36\(b\)\(6\)\(A\), 36\(c\)\(5\)\(A\), and
63\(a\)\(2\)\(A\), by striking “$25,000,000” each place it
appears and inserting “$44,000,000 \(as adjusted pursuant to
section 48\)”;
\(4\) in sections 3\(d\)\(5\)\(B\), 36\(b\)\(6\)\(B\), 36\(c\)\(5\)\(B\), and
63\(a\)\(2\)\(B\), by striking “$100,000,000” each place it
appears and inserting “$175,000,000 \(as adjusted pursuant to
section 48\)”;
\(5\) in section 25\(a\)\(1\)—
\(A\) by striking “$7,000,000” and inserting “$12,000,000
\(as adjusted pursuant to section 48\)”; and
\(B\) by striking “25,000,000” and inserting “44,000,000
\(as adjusted pursuant to section 48\)”;
\(6\) in section 36\(a\)\(10\), by striking “$250,000” each
place it appears and inserting “$440,000 \(as adjusted
pursuant to section 48\)”;
\(7\) in sections 36\(b\)\(1\), 36\(b\)\(5\)\(C\), and 47\(6\), by
striking “$200,000,000” each place it appears and inserting
“$350,000,000 \(as adjusted pursuant to section 48\)”;
\(8\) in section 36\(b\)\(6\)\(C\), by striking “$300,000,000”
and inserting “$526,000,000 \(as adjusted pursuant to section
48\)”; and
\(9\) by adding after section 47 the following:
“SEC. 48. ADJUSTMENTS FOR INFLATION.
“\(a\) In General.—On the date that is 3 years after the
date of the enactment of this section, and every 3 years
thereafter, the amounts specified in subsection \(b\) shall be
adjusted to reflect the percentage increase \(if any\) in
inflation, as reflected by the increase in the average of the
Consumer Price Index during the previous 3 years.
“\(b\) Amounts Specified.—The amounts specified in this
subsection are the dollar amounts in—
“\(1\) paragraphs \(1\), \(3\)\(A\), \(5\)\(A\), and \(5\)\(B\) of section
3\(d\);
“\(2\) section 25\(a\)\(1\);
“\(3\) subsections \(a\)\(10\), \(b\)\(1\), \(b\)\(5\)\(C\), \(b\)\(6\)\(A\),
\(b\)\(6\)\(B\), \(b\)\(6\)\(C\), \(c\)\(1\), \(c\)\(5\)\(A\), and \(c\)\(5\)\(B\) of
section 36;
“\(4\) section 47\(6\);
“\(5\) paragraphs \(1\), \(2\)\(A\), and \(2\)\(B\) of section 63\(a\);
and
“\(6\) section 71\(d\).
“\(c\) Defined Term.—In this section, the term \`Consumer
Price Index' means the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.”.
\(b\) Information.—
\(1\) Foreign military sales.—Section 36\(b\)\(1\) of the Arms
Export Control Act \(22 U.S.C. 2776\(b\)\(1\)\) is amended, in the
matter preceding subparagraph \(A\), by inserting, after “of
such technology.”, the following: “Upon the initial
introduction of a new system or capability for the recipient
country, such numbered certification shall also contain,
submitted by the President, detailed information on how the
proposed sale contributes to the United States' foreign
policy objectives regarding that country and region, as well
as how those objectives are being implemented and measured by
the United States Mission in that country and the Department
of State's relevant regional and functional bureaus.”.
\(2\) Direct commercial sales.—Section 36\(c\)\(1\) of such Act
\(22 U.S.C. 2776\(c\)\(1\)\) is amended—
\(A\) by striking “and \(C\) a description of the items to be
exported” and inserting “\(C\) a description of the items to
be exported, and \(D\) the timeline for delivery of the items
to be exported”; and
\(B\) by inserting, after “such offset agreement.”, the
following: “Upon the initial introduction of a new system or
capability for the recipient country, such numbered
certification shall also contain, submitted by the President,
detailed information on how the proposed export contributes
to the United States' foreign policy objectives regarding
that country and region, as well as how those objectives are
being implemented and measured by the United States Mission
in that country and the Department of State's relevant
regional and functional bureaus.”.
\(c\) Quarterly Briefings.—Section 36 of such Act \(22 U.S.C.
2776\) is amended by adding at the end the following:
“\(j\) Quarterly Briefings.—Not less frequently than
quarterly, the Secretary of State shall provide to the
Committee on Foreign Relations of the Senate an unclassified
briefing on the letters of offers to sell, and licenses to
export, defense articles or defense services under this Act
issued during the preceding quarter for which a certification
was not required to be submitted to Congress under subsection
\(b\) or \(c\).”.
SEC. 8619. REPORT ON CRITICAL LANGUAGE EXPERTISE.
\(a\) Sense of Congress.—It is the Sense of Congress that—
\(1\) maintaining a robust cohort of Foreign Service officers
proficient in critical languages is vital to United States
national security; and
\(2\) the Department should take efforts to address
unnecessary delays in assigning Foreign Service officers who
possess the requisite language proficiencies to critical
United States missions.
\(b\) In General.—Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit a
report to the appropriate congressional committees on current
expertise in critical languages at the Department.
\(c\) Elements.—The report required under subsection \(a\)
shall include the following elements:
\(1\) The number of speakers with Interagency Language
Roundtable proficiency of 2+/3 or above in the Foreign
Service and the Civil Service.
\(2\) A description of how the number of Department employees
with proficiency in critical languages has changed over the
most recent 5-year period.
\(3\) A summary of the Department's workforce incentives to
develop critical language training and expertise.
\(4\) An assessment of whether the Department's current
critical language capacity is sufficient to address the
Department's global workforce needs, including with regards
to strategic competition with the People's Republic of China.
\(5\) A description of any obstacles to assigning Department
of State employees who already possess the requisite foreign
language proficiency to critical United States missions,
including the People's Republic of China, in a timely manner.
\(6\) A description of the critical language activities
carried out by Foreign Service officers or Civil Service
officers compared to activities carried out by contracted
professional translators, including a justification for why
contracted translators are utilized for particular
activities.
SEC. 8620. USE OF ARTIFICIAL INTELLIGENCE TO MEET
CONGRESSIONAL REPORTING REQUIREMENTS.
\(a\) In General.—Every report the Department submits to the
appropriate congressional committees shall contain—
\(1\) a disclosure indicating whether artificial intelligence
tools were used to produce any part of the content of the
report transmitted; and
\(2\) a certification that the report was reviewed and
verified by a human user prior to submission.
SEC. 8621. MILLENIUM CHALLENGE CORPORATION COMPACTS.
Section 609\(j\) of the Millennium Challenge Act of 2003 \(22
U.S.C. 7708\) is amended by adding the end the following new
subsection:
“\(m\) Other Matters.—Funds appropriated or otherwise made
available for a Compact under this section may only be
obligated if—
“\(1\) such Compact obligates, or contains a commitment to
obligate subject to the availability of appropriations and
the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact; and
“\(2\) the Chief Executive Officer consults with the
appropriate congressional committees at the commencement of
the implementation period of a Compact.”.
SEC. 8622. OFFICE OF THE INSPECTOR GENERAL FOR FOREIGN
ASSISTANCE.
\(a\) Purpose.—The purpose of this section is to provide for
the independent and objective conduct and supervision of
audits and investigations relating to the programs and
operations funded with amounts authorized to be appropriated
or otherwise made available for foreign assistance.
\(b\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Appropriations of the Senate;
\(B\) the Committee on Foreign Relations of the Senate;
\(C\) the Committee on Homeland Security and Governmental
Affairs of the Senate;
\(D\) the Committee on Appropriations of the House of
Representatives;
\(E\) the Committee on Foreign Affairs of the House of
Representatives; and
\(F\) the Committee on Oversight and Government Reform of the
House of Representatives.
\(2\) Foreign assistance.—The term “foreign assistance”
means amounts authorized to be appropriated or otherwise made
available for any fiscal year for—
\(A\) programs currently or previously administered by the
United States Agency for International Development and
programs currently or previously administered by the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation;
\(B\) programs funded with appropriations, other than
Department of Defense appropriations, for foreign assistance
programs administered pursuant to part I, chapters 1, 3, 8,
9, and 10 and part II, chapter 4 of the Foreign Assistance
Act \(22 U.S.C. 2151 et seq., 2292 et seq., 2293 et seq., 2346
et seq.\), sections 2\(a\) through \(c\) of the Migration and
Refugee Assistance Act of 1962 \(22 U.S.C. 2601\), the Food for
Peace Act \(7 U.S.C. 1691 et seq.\), the Millennium Challenge
Act of 2003 \(22 U.S.C. 7701 et seq.\), the United States
African Development Foundation Act \(title V of Public Law 96-
533; 22 U.S.C. 290h et seq.\), and the Food for Progress Act
of 1985 \(7 U.S.C. 1736o\), or successor legislation;
\(C\) any other non-military foreign assistance programs
including global health, development assistance,
international disaster assistance, food assistance and food
security, and economic support; and
\(D\) with regard to USAID, any other matter within the
preview of the Office of the Inspector General for USAID upon
the date of enactment of this Act.
\(c\) Office of the Inspector General for Foreign
Assistance.—The Office of the Inspector General for the
United States Agency for International Development is hereby
redesignated as the “Office of the Inspector General for
Foreign Assistance”. The Office
of the Inspector General for Foreign Assistance shall carry
out activities in accordance with the purpose described in
subsection \(a\).
\(d\) Amendments to Inspector General Act of 1978.—Chapter 4
of title 5, United States Code is amended—
\(1\) in section 401—
\(A\) in paragraph \(1\), by striking “the Agency for
International Development,”; and
\(B\) in paragraph \(3\), by striking “the Administrator of
the Agency for International Development,”;
\(2\) in section 402\(a\), by adding at the end the following:
“\(3\) Department of state.—In the establishment of the
Department of State, there is established—
“\(A\) an Office of Inspector General of the Department of
State; and
“\(B\) an Office of Inspector General for Foreign
Assistance.”;
\(3\) in section 406\(f\)\(3\), by striking “Agency for
International Development,”;
\(4\) in section 409—
\(A\) in the section heading, by striking “Agency for
International Development” and inserting “Inspector General
for Foreign Assistance”;
\(B\) by amending subsection \(a\) to read as follows:
“\(a\) Definition, Duties and Responsibilities of Inspector
General for Foreign Assistance.—The Inspector General for
Foreign Assistance shall exercise all duties and
responsibilities of an Inspector General of an establishment
with respect to any agency, with the exception of the
Department of Defense, on all matters relating to foreign
assistance including global health, development assistance,
international disaster assistance, food assistance and food
security, and economic support, including jurisdiction for—
“\(1\) all programs funded with appropriations, other than
Department of Defense appropriations, for foreign assistance
programs, other than Department of Defense programs, for
foreign assistance programs administered pursuant to part I,
chapters 1, 3, 8, 9, and 10 and part II, chapter 4 of the
Foreign Assistance Act \(22 U.S.C. 2151 et seq., 2292 et seq.,
2293 et seq., 2346 et seq.\), sections 2\(a\) through \(c\) of the
Migration and Refugee Assistance Act of 1962 \(22 U.S.C.
2601\), the Food for Peace Act \(7 U.S.C. 1691 et seq.\), the
Millennium Challenge Act of 2003 \(22 U.S.C. 7701 et seq.\),
the United States African Development Foundation Act \(title V
of Public Law 96-533; 22 U.S.C. 290h et seq.\), and the Food
for Progress Act of 1985 \(7 U.S.C. 1736o\), or successor
legislation; and
“\(2\) programs currently or previously administered by the
United States Agency for International Development, and
programs currently or previously administered by the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation.”;
\(C\) by redesignating subsections \(b\), \(c\), and \(d\) as
subsections \(d\), \(e\), and \(f\), respectively;
\(D\) by inserting after subsection \(a\) the following:
“\(b\) Coordination of Foreign Assistance Oversight.—The
Inspector General for Foreign Assistance shall conduct
audits, evaluations, inspections, and investigations by
coordinating with the Offices of Inspectors General of the
respective agencies responsible for—
“\(1\) all foreign assistance programs, other than
Department of Defense programs, administered pursuant to part
I, chapters 1, 3, 8, 9, and 10 and part II, chapter 4 of the
Foreign Assistance Act \(22 U.S.C. 2151 et seq., 2292 et seq.,
2293 et seq., 2346 et seq.\), the Food for Peace Act \(7 U.S.C.
1691 et seq.\), sections 2\(a\) through \(c\) of the Migration and
Refugee Assistance Act of 1962 \(22 U.S.C. 2601\), the
Millennium Challenge Act of 2003 \(22 U.S.C. 7701 et seq.\),
the United States African Development Foundation Act \(title V
of Public Law 96-533; 22 U.S.C. 290h et seq.\), and the Food
for Progress Act of 1985 \(7 U.S.C. 1736o\), or successor
legislation; and
“\(2\) programs currently or previously administered by the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States African
Development Foundation, or the Inter-American Foundation.
“\(c\) Assistance From Federal Agencies.—
“\(1\) In general.—Upon request of the Inspector General
for Foreign Assistance for information or assistance from any
department, agency, or other entity of the Federal
Government, with the exception of the Department of Defense,
the head of such entity shall, to the extent practicable and
not in contravention of any existing law, furnish such
information or assistance to the Inspector General, or an
authorized designee.
“\(2\) Reporting of refused assistance.—Whenever
information or assistance requested by the Inspector General
is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report
the circumstances to the Secretary of State and the head of
the entity concerned, as appropriate, and to the appropriate
congressional committees \(as defined in section 1265\(b\) of
the National Defense Authorization Act for Fiscal Year
2026\)without delay.”;
\(E\) in subsection \(d\), as redesignated, by striking “of
the Agency for International Development” and inserting
“for Foreign Assistance”;
\(F\) in subsection \(e\), as redesignated, by striking
“Administrator of the Agency for International Development”
and inserting “Secretary of State”; and
\(G\) in subsection \(f\), as redesignated, by striking “of
the Agency for International Development” and inserting
“for Foreign Assistance”; and
\(5\) in section 419\(c\)\(3\), by striking “of the United
States Agency for International Development” and inserting
“for Foreign Assistance”.
\(e\) Availability of Previously Appropriated Funds.—Amounts
otherwise available to the Office of Inspector General for
the United States Agency for International Development shall
remain available for the Office of the Inspector General for
Foreign Assistance.
SEC. 8623. STRATEGY ON MARITIME ECONOMIC RESILIENCE.
Not later than 120 days after the enactment of this Act,
the Secretary shall submit to the appropriate congressional
committees a strategy on how United States economic
assistance and international diplomatic engagement can better
support maritime economies and exclusive economic zones. Such
strategy shall include—
\(1\) a study on the regulatory and commercial barriers that
hinder maritime economies;
\(2\) how the Department can improve interagency coordination
to support the growth of maritime economies;
\(3\) the role external influence and actors, including the
Russian Federation, the People's Republic of China, and the
Islamic Republic of Iran play in impacting maritime
economies;
\(4\) an analysis of regional efforts to strengthen maritime
economies and the role the United States can play in
supporting such cross-regional efforts;
\(5\) an assessment of beneficial training and exchange
programs that center on supporting coastal communities,
fisheries, ocean finance, industry expansion, and coastal and
marine tourism, offshore energy production and
transportation; and
\(6\) recommendations on—
\(A\) feasible programming that links commercial diplomacy
with maritime economic development and exclusive maritime
economic zones; and
\(B\) the role United States businesses can play in expanding
and supporting partner countries emerging markets related to
maritime economies.
\(C\) improving cooperation with allies on the critical
undersea infrastructure protection.
SEC. 8624. MODERNIZATION OF INTERNATIONAL AGREEMENTS RELATED
TO CRITICAL UNDERSEA INFRASTRUCTURE.
\(a\) Diplomatic Engagement Required.—Not later than 180
days after the date of the enactment of this Act, the
Secretary, in consultation with the heads of other relevant
Federal departments and agencies, shall submit to the
appropriate congressional committees a reporting containing—
\(1\) the findings of a review of international agreements
relating to critical undersea infrastructure, including the
Convention for the Protection of Submarine Telegraph Cables
of 1884 \(the “1884 Convention”\); and
\(2\) a plan to modernize the agreements referred to in
paragraph \(1\), if applicable, or pursue new or additional
bilateral or multinational agreements related to standards of
conduct with regard to the installation, operation, or
protection of critical undersea infrastructure.
\(b\) Consultation With Congress.—In conducting the review
required under subsection \(a\)\(1\), the Secretary shall consult
with the appropriate congressional committees.
\(c\) Engagement With International Stakeholders.—In
conducting the review required under subsection \(a\)\(1\), the
Secretary shall seek to engage, as appropriate, other
relevant international stakeholders to support negotiation of
agreements described in subsection \(a\)\(2\).
\(d\) Coordination With Industry.—The Secretary shall
consult with private submarine cable owners and operators, as
appropriate, in conducting the review required under
subsection \(a\)\(1\).
\(e\) Report.—Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit a report to the appropriate congressional
committees describing—
\(1\) the status of diplomatic efforts undertaken pursuant to
subsection \(a\);
\(2\) the positions of other parties to the 1884 Convention
and key non-party states with respect to modernization,
including any diplomatic efforts to encourage additional
countries to become signatories to the 1884 Convention,
pending the review required under subsection \(a\)\(1\); and
\(3\) any obstacles to concluding a successor agreements or
protocols, and proposed measures to address those obstacles.
\(f\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
\(g\) Definitions.—In this section:
\(1\) Critical undersea infrastructure.—The term “critical
undersea infrastructure” refers to both submarine
communications cables and subsea energy infrastructure.
\(2\) Submarine communications cable.—The term “submarine
communications cable” means a cable system that carries
bidirectional data and voice telecommunications traffic
consisting of one or more submarine cables laid beneath the
water, and all associated components that support the
operation of the submarine cable system end-to-end, including
the segments up to the system's terrestrial terminations at
one or
more Submarine Line Terminal Equipment \(SLTEs\) as well as the
transponders that convert optical signals to electrical
signals and vice versa.
\(3\) Subsea energy infrastructure.—The term “subsea energy
infrastructure” means a subsea cable, pipeline, or other
equipment installed on, beneath, or within the seabed,
including—
\(A\) to transmit electricity, including via subsea
electricity cables, subsea electricity transformers, or
equipment related to the support of offshore energy
production installations;
\(B\) to transport natural gas, oil, or hydrogen between
land-based or off-shore infrastructure; and
\(C\) associated landing stations and facilities.
SEC. 8625. EMBASSY EVACUATION AND NOTIFICATION PLANNING.
\(a\) Methodology to Capture Lessons Learned From Prior
Embassy Evacuations.—The Secretary shall develop a formal,
systematic methodology to capture lessons learned from prior
embassy evacuations.
\(b\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the methodology to
capture lessons learned from prior embassy evacuations.
SEC. 8626. YOUNG AFRICAN LEADERS INITIATIVE.
\(a\) Short Titles.—This section may be cited as the “Young
African Leaders Initiative Act of 2026” or the “YALI Act of
2026”.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) the Young African Leaders Initiative, launched in 2010,
is a signature effort to invest in the next generation of
African leaders;
\(2\) Africa is a continent of strategic importance and it is
vital for the United States to support strong and enduring
partnerships with the next generation of African leaders;
\(3\) the United States Government should prioritize
investments to build the capacity of emerging young African
leaders in sub-Saharan Africa, including through efforts
that—
\(A\) enhance leadership skills;
\(B\) encourage entrepreneurship;
\(C\) strengthen public administration and the role of civil
society; and
\(D\) connect young African leaders continentally and
globally across the private, civic, and public sectors; and
\(4\) youth in Africa have a positive impact on efforts to
foster economic growth, improve public sector transparency
and governance, and counter extremism, and should be an area
of focus for United States outreach on the African continent.
\(c\) Young African Leaders Initiative.—
\(1\) In general.—There is established the Young African
Leaders Initiative \(referred to in this section as “YALI”\),
which shall be carried out by the Secretary.
\(2\) Purpose.—YALI shall seek to build the capacity of
young African leaders in sub-Saharan Africa in the areas of
business, civic engagement, or public administration,
including through efforts that—
\(A\) support young African leaders by offering professional
development, training, and networking opportunities,
particularly in the areas of leadership, innovation, civic
engagement, elections, internationally recognized human
rights, entrepreneurship, good governance, peace and
security, and public administration; and
\(B\) build relationships with African leaders to promote
economic growth, strengthen ties between United States and
African businesses, build resilience to predatory lending
practices, and improve capacity in key economic areas such as
tendering, bidding, and contract negotiations, budget
management and oversight, anti-corruption, and establishment
of clear policy and regulatory practices.
\(3\) Fellowships.—
\(A\) In general.—YALI shall support the participation in
the United States in the Mandela Washington Fellowship for
Young African Leaders of fellows from Africa who—
\(i\) are between 21 and 35 years of age;
\(ii\) have demonstrated strong capabilities in
entrepreneurship, innovation, public service, and leadership;
and
\(iii\) have had a positive impact in their communities,
organizations, or institutions.
\(B\) Oversight.—The fellowships described in subparagraph
\(A\) shall be overseen by the Secretary of State through the
Bureau of Educational and Cultural Affairs.
\(C\) Eligibility.—The Secretary of State shall establish
and publish—
\(i\) eligibility criteria for participation as a fellow
under subparagraph \(A\); and
\(ii\) criteria for determining which eligible applicants
will be selected.
\(4\) Reciprocal exchanges.—Subject to the approval of the
Secretary of State, United States citizens may—
\(A\) engage in reciprocal exchanges in connection with
alumni of the fellowship described in paragraph \(3\); and
\(B\) collaborate on projects with such fellowship alumni.
\(5\) Activities.—
\(A\) United states-based activities.—The Secretary, in
coordination with the heads of relevant Federal departments
and agencies, shall oversee all United States-based
activities carried out under YALI, including—
\(i\) the participation of Mandela Washington Fellows in a 6-
week Leadership Institute at a United States educational
institution in business, civic engagement, or public
management, including academic sessions, site visits,
professional networking opportunities, leadership training,
community service, and organized cultural activities; and
\(ii\) the participation by Mandela Washington fellows in an
annual Mandela Washington Fellowship Summit, to provide such
Fellows the opportunity to meet with United States leaders
from the private, public, and nonprofit sectors.
\(B\) Implementation.—The Secretary, in coordination with
the heads of other relevant Federal departments and agencies,
shall carry out this subsection by seeking to partner with
the private sector—
\(i\) to pursue public-private partnerships;
\(ii\) to leverage private sector expertise;
\(iii\) to expand networking opportunities; and
\(iv\) to identify funding and fellowship opportunities for
YALI.
\(6\) Implementation plan.—Not later than 180 days after the
date of the enactment of this Act, the Secretary, in
coordination with the heads of other relevant Federal
departments and agencies, shall submit a plan to the
appropriate congressional committees for implementing YALI,
including—
\(A\) a description of clearly defined program goals,
targets, and planned outcomes for each year and for the
duration of implementation of the program;
\(B\) a strategy to monitor and evaluate the program and
progress made toward achieving such goals, targets, and
planned outcomes; and
\(C\) a strategy to ensure the program is promoting United
States foreign policy goals in Africa, including ensuring
that the program is clearly branded, paired with robust
public diplomacy efforts, and incorporates participants from
a variety of countries, including communities in Africa
facing economic distress, civil conflict, persecution, and
other challenges.
\(7\) Report.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the
following 4 years, the Secretary of State shall submit to the
appropriate congressional committees, and publish in a
publicly accessible, internet-based form, a report that
includes—
\(A\) a description of the progress made toward achieving the
goals, targets, and planned outcomes referred to in paragraph
\(6\)\(A\), including an overview of the program implemented in
the previous year and an estimated number of beneficiaries;
\(B\) an assessment of how YALI is contributing to and
promoting United States-Africa relations, particularly in
areas of increased private sector investment, trade
promotion, support to civil society, improved public
administration, promoting peace and security, and fostering
entrepreneurship and youth empowerment; and
\(C\) recommendations for improvements or changes to YALI and
the implementation plan, if any, that would improve their
effectiveness during subsequent years of YALI's
implementation.
\(8\) Defined term.—In this subsection, the term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Appropriations of the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Appropriations of the House of
Representatives.
\(d\) Sunset.—The requirements set forth in paragraphs \(6\)
and \(7\) of subsections \(c\) shall cease to have any force or
effect beginning on the date that is 5 years after the date
of the enactment of this Act.
SEC. 8627. EXTENSIONS.
\(a\) Diplomatic Support and Security.—Section 9302\(l\) of
the Department of State Authorization Act of 2022 is amended
by striking “2 years” and inserting “5 years”.
\(b\) Embassy Security, Construction, and Maintenance.—
Section 5201\(c\) of the Department of State Authorization Act
of 2021 is amended by striking “4 years” and inserting “8
years”.
\(c\) Supporting Tandem Spouses in the Foreign Service.—
Section 6227\(d\) of the Department of State Authorization Act
of 2023 is amended by striking “two years” and inserting
“four years”.
\(d\) Security Review Committees.—Section 7812\(d\) of the
Department of State Authorization Act of 2024 is amended to
read as follows: “The authority provided under section
301\(a\)\(3\) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 \(22 U.S.C. 4831\(a\)\(3\)\) shall apply
to facilities in Ukraine through September 30, 2030.”
\(e\) Passport Fees.—Section 9802\(a\) of the Department of
State Authorization Act of 2022 is amended by striking
“September 30, 2026” and inserting “September 30, 2036”.
\(f\) Personal Services Contractors Reporting Requirement.—
Section 6401\(d\)\(2\) of the Department of State Authorization
Act of 2023 is amended by striking “two years” and
inserting “5 years”.
\(g\) Notification of Revocation of Clearances.—Section
6710\(d\) of the Department of State Authorization Act of 2023
is amended by striking “three years” and inserting “6
years”.
\(h\) Personal Services Contractors Contracting Authority
Limitation.—Section 6401\(d\)\(1\) of the Department of State
Authorization Act of 2022 is amended by striking “fiscal
years 2024, 2025, and 2026” and inserting “fiscal years
2024, 2025, 2026, 2027, 2028, and 2029”.
\(i\) Curtails, Removals From Post, and Waivers of Privileges
and Immunities.—Section 9209\(d\) of the Department of State
Authorization Act of 2022 is amended by striking “5 years”
and inserting “10 years”.
\(j\) Management Assessments at Diplomatic and Consular
Posts.—Section 9212\(g\) of the Department of State
Authorization Act of 2022 is amended by striking “5-year”
and inserting “10-year”.
\(k\) Periodic Inspector General Reviews of Chiefs of
Mission.—Section 7203\(a\) of the Department of State
Authorization Act of 2024 is amended by striking “3-year”
and inserting “6-year”.
\(l\) Report on Chiefs of Mission and Deputy Chiefs of
Mission.—Section 6210 of the Department of State
Authorization Act of 2023 is amended by striking “4 years”
and inserting “8 years”.
\(m\) Direction to Embassy Deal Teams.—Section 6503\(h\) of
the Department of State Authorization Act of 2023 is amended
by striking “5 years” and inserting “10 years”.
\(n\) List of Certain Telecommunications Providers.—Section
5502\(a\) of the Department of State Authorization Act of 2021
\(P.L.117-81\) is amended by striking “5 years” and inserting
“10 years”.
\(o\) Bureau Chief Data Officer Program Reporting
Requirement.—Section 6302\(d\) of the Department of State
Authorization Act of 2023 is amended by striking “3 years”
and inserting “6 years”.
\(p\) Cybersecurity Recruitment and Retention Authorization
of Appropriations.—Section 9506\(b\)\(4\) of the Department of
State Authorization Act of 2022 is amended by striking
“2027” and inserting “2031”.
\(q\) Regional Technology Officer Program Authorization of
Appropriations.—Section 9508\(d\) of the Department of State
Authorization Act of 2022 is amended by striking “2027” and
inserting “2031”.
\(r\) Regional Technology Officer Program Annual Briefing
Requirement.—Section 9508\(c\) of the Department of State
Authorization Act of 2022 is amended by striking “5 years”
and inserting “10 years”.
\(s\) Vulnerability Disclosure Policy and Bug Bounty Program
Report.—Section 9509\(b\)\(2\) of the Department of State
Authorization Act of 2022 is amended by striking “5 years”
and inserting “10 years”.
\(t\) Cyberspace, Digital Connectivity, and Related
Technologies Fund.—Section 594 of Part II of the Foreign
Assistance Act 1961 \(22 U.S.C. 2349cc-3\) is amended by
striking “5-year” and inserting “10-year”.
\(u\) Policy Regarding International Financial Institution
Assistance With Respect to Advanced Technologies.—Section
6105\(d\) of the Department of State Authorization Act of 2021
is amended by striking “7 years” and inserting “14
years”.
TITLE VII—OTHER MATTERS
Subtitle A—SHADOW Fleet Sanctions Act of 2026
SEC. 8700. SHORT TITLES.
This subtitle may be cited as the “Sanctioning Harborers
And Dodgers Of Western Sanctions Act of 2026” or the
“SHADOW Fleet Act of 2026”.
CHAPTER 1—SANCTIONS WITH RESPECT TO THE RUSSIAN FEDERATION
SEC. 8701. DEFINITIONS.
In this chapter:
\(1\) Adequate maritime insurance.—
\(A\) In general.—The term “adequate maritime insurance”
means—
\(i\) verified documentation evidencing protection and
indemnity insurance, cargo insurance, and hull and machinery
insurance, with audited financial statements of the insurer;
\(ii\) records demonstrating compliance with relevant
statutes and regulations regarding the insured subject
matter; and
\(iii\) a commitment to provide, upon reasonable request,
evidence needed by the insurer, reinsurer, or broker to
satisfy themselves or any regulator of such compliance.
\(B\) Exclusion.—The term “adequate maritime insurance”
does not include insurance provided by an insurer that—
\(i\) is organized under the laws of the Russian Federation;
and
\(ii\) continues to provide coverage to any vessel designated
for the imposition of sanctions under the laws of the United
States, the European Union, or the United Kingdom without a
specific waiver of or exception to the application of such
sanctions.
\(2\) Admitted; alien; lawfully admitted for permanent
residence.—The terms “admitted”, “alien”, and “lawfully
admitted for permanent residence” have the meanings given
those terms in section 101 of the Immigration and Nationality
Act \(8 U.S.C. 1101\).
\(3\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
\(4\) Beneficial owner.—The term “beneficial owner” means,
with respect to a vessel, any individual who, directly or
indirectly, through any contract, arrangement, understanding,
relationship, or otherwise—
\(A\) exercises substantial control over the vessel; or
\(B\) owns not less than 25 percent of the vessel.
\(5\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(6\) Foreign vessel.—The term “foreign vessel” means a
vessel that is not a vessel of the United States \(as defined
in section 116 of title 46, United States Code\).
\(7\) Knowingly.—The term “knowingly”, with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
\(8\) Petroleum product.—The term “petroleum product”
means oil of any kind or in any form, crude oil, gasoline,
diesel fuel, aviation fuel, fuel oil, kerosene, any product
obtained from refining or processing of crude oil, liquefied
petroleum gases, natural gas liquids, petrochemical
feedstocks, condensate, waste or refuse mixtures containing
any of such oil products, and any other liquid hydrocarbon
compounds.
\(9\) Russian-origin petroleum product.—The term “Russian-
origin petroleum product” means a petroleum product
extracted, refined, processed, or otherwise produced in the
Russian Federation.
\(10\) Russian person.—The term “Russian person” means—
\(A\) a citizen or national of the Russian Federation; or
\(B\) an entity organized under the laws of the Russian
Federation or otherwise subject to the jurisdiction of the
Government of the Russian Federation.
\(11\) Russian shadow fleet.—The term “Russian shadow
fleet” means any foreign vessel or vessels used or directed
by or on behalf of the Russian Federation to transport
Russian-origin petroleum products in circumvention of
sanctions imposed with respect to the Russian Federation by
the United States, the United Kingdom, the European Union, or
other countries.
\(12\) Sabotage activities.—The term “sabotage activities”
means actions, or preparations for actions, taken with the
intent to cause defective production, operation, or damage to
critical undersea infrastructure, including energy pipelines,
offshore energy facilities, or subsea power lines and
telecommunications cables and associated landing stations and
facilities.
\(13\) United states person.—The term “United States
person” means—
\(A\) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity; or
\(C\) a person in the United States.
Subchapter A—Sanctions With Respect to Russian Shadow Fleet
PART I—IMPOSITION OF SANCTIONS
SEC. 8702. IMPOSITION OF SANCTIONS WITH RESPECT TO VESSELS
SUSPECTED OF PARTICIPATION IN OR SUPPORT OF THE
RUSSIAN SHADOW FLEET.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to any Russian shadow fleet vessel
that, on or after the date of the enactment of this Act,
transports Russian-origin petroleum products in circumvention
of sanctions imposed with respect to the Russian Federation
by the United States, the United Kingdom, the European Union,
or other countries, including—
\(1\) any Russian shadow fleet vessel the owner or operator
of which knowingly—
\(A\) exhibits or engages in unsafe or nonstandard maritime
behavior in furtherance of the transportation of Russian-
origin petroleum products that originated in the Russian
Federation; or
\(B\) lacks adequate maritime insurance for the transport of
goods described in subparagraph \(A\);
\(2\) any foreign person that the President determines
knowingly—
\(A\) owns, operates, or manages a vessel described in
paragraph \(1\);
\(B\) provides underwriting services or insurance or
reinsurance necessary for such a vessel after sanctions are
imposed with respect to the vessel;
\(C\) facilitates deceptive or structured transactions to
support a vessel described in paragraph \(1\);
\(D\) provides services or facilities for technology upgrades
or installation of equipment for, or retrofitting or
tethering of, a vessel described in paragraph \(1\) for the
purpose of evading sanctions;
\(E\) provided services for the testing, inspection, or
certification for a vessel described in paragraph \(1\) for the
purpose of evading sanctions;
\(F\) serves as a master of such a vessel; or
\(G\) transfers to the Russian Federation any foreign vessel
designed to transport Russian-origin petroleum products.
\(b\) Vessels Subject to Sanctions by the United Kingdom or
the European Union.—Beginning on the date of the enactment
of this Act, the President may impose the sanctions described
in section 8709 with respect to any vessel that, on or after
such date of enactment, is—
\(1\) subject to sanctions with respect to the Russian
Federation imposed by the United Kingdom, the European Union,
the Group of 7, or a member of the Five Eyes intelligence
alliance; or
\(2\) owned or operated by a person subject to such
sanctions.
\(c\) Indicators of Unsafe or Nonstandard Maritime
Behavior.—In determining under subsection \(a\)\(1\)\(A\) if a
vessel is exhibiting or engaged in unsafe or nonstandard
maritime behavior, the President may use as
prima facie evidence that the vessel is exhibiting or engaged
in such behavior if the vessel has exhibited 3 or more
indicators of such behavior, including the following:
\(1\) Has refused to take on a pilot in accordance with best
practices of the International Maritime Organization.
\(2\) Does not respond when hailed by appropriate maritime
authority.
\(3\) Turns off the Automatic Identification System of the
vessel without explanation or report to the appropriate
maritime authority within a reasonable period of time.
\(4\) Engages in unsafe maritime maneuvers with another
vessel.
\(5\) Is uninsured or underinsured, including any vessel that
is insured by an insurance company organized under the laws
of the Russian Federation or the Islamic Republic of Iran.
\(6\) Is single-hulled contrary to standards of the
International Maritime Organization.
\(7\) Has changed ownership or flag registry more than once
in the previous year.
\(8\) Has a history of deliberately losing power or turning
off transmitters without a compelling security need.
\(9\) Has not been properly maintained, based on credible
evidence.
\(10\) Has been involved in a recent maritime or
environmental incident.
\(11\) Is escorted by the military of the Russian Federation.
\(12\) Has engaged in sabotage activities.
\(d\) Report.—Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
President shall submit to the appropriate congressional
committees a report that describes any sanctions imposed
under this section, including a brief description of each
foreign person and foreign vessel with respect to which
sanctions are imposed and the justification for such
sanctions.
SEC. 8702A. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN
PERSONS THAT SUPPORT RUSSIAN ILLICIT SHIPPING
WITH VESSELS SUBJECT TO UNITED STATES
SANCTIONS.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to a foreign person if the
President determines that the foreign person, on or after the
date of the enactment of this Act, has engaged in a
transaction described in subsection \(b\) with a Russian shadow
fleet vessel that is subject to sanctions imposed by the
United States.
\(b\) Transactions Described.—A transaction described in
this subsection is any of the following:
\(1\) The conduct of any ship-to-ship transfer involving
Russian-origin petroleum products with a Russian shadow fleet
vessel.
\(2\) The provision of significant goods or services in
support of a Russian shadow fleet vessel with the knowledge
that the vessel is subject to sanctions imposed by the United
States, unless such goods or services are provided to respond
to an emergency.
\(3\) In the case of the owner or operator of a foreign port,
allowing a Russian shadow fleet vessel to port or otherwise
receive services at the foreign port, unless that vessel
needs to port or receive services as a result of an
emergency.
\(4\) In the case of a foreign person that is the owner or
operator of a refinery, knowingly engaging in a transaction
to process, refine, or otherwise deal in any Russian
Federation-origin petroleum products that were transported on
a Russian shadow fleet vessel.
SEC. 8702B. IMPOSITION OF SANCTIONS WITH RESPECT TO PORT
TERMINALS ACCEPTING OIL FROM RUSSIAN SHADOW
FLEET VESSELS.
Beginning on the date that is 15 days after the date of the
enactment of this Act, the President may impose the sanctions
described in section 8709 with respect to any foreign person
that owns or operates a port in the People's Republic of
China or the Republic of India that accepts oil from foreign
vessels with respect to which the United States has imposed
sanctions.
PART II—DISCLOSURES, PUBLICATIONS, AND REPORTS
SEC. 8703. ALIGNMENT OF DESIGNATION AUTHORITIES WITH EUROPEAN
UNION AND UNITED KINGDOM REGARDING RUSSIAN
SHADOW FLEET.
\(a\) Report.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary, through the head of the Office of Sanctions
Coordination and in coordination with the Secretary of the
Treasury and the Director of the Office of Foreign Assets
Control of the Department of the Treasury, shall submit to
the appropriate congressional committees a report that
includes a list of each foreign vessel subject to sanctions
imposed by the European Union or the United Kingdom that is
determined to operate as part of the Russian shadow fleet.
\(2\) Justification.—For any vessel listed in a report under
paragraph \(1\) that is not subject to sanctions imposed by the
United States, the report shall include the justification
provided by the European Union or the United Kingdom, as the
case may be, for designation of the vessel \(if that
justification is available to the public\) and a brief
justification of the reason provided by the European Union or
the United Kingdom.
\(b\) Strategy.—Not later than 180 days after the date of
the enactment of this Act, the Secretary, through the head of
the Office of Sanctions Coordination and in coordination with
the Secretary of the Treasury and the Director of the Office
of Foreign Assets Control, shall produce a strategy for
enhancing alignment of sanctions designation authorities of
the United States regarding vessels supporting the Russian
shadow fleet with those authorities of the European Union and
the United Kingdom.
SEC. 8703A. SUPPORT OF EFFORTS OF THE JOINT EXPEDITIONARY
FORCE.
\(a\) Sense of Congress.—It is the sense of Congress that
the United States supports the efforts of the Joint
Expeditionary Force to track, monitor, deter, and if
necessary, respond to operations and illicit activities of
the Russian shadow fleet.
\(b\) Statement of Policy.—It shall be the policy of the
United States to use relevant maritime elements of the United
States Government to support and amplify the authorized
efforts of the Joint Expeditionary Force.
SEC. 8703B. REPORT ON SPECIFIC LICENSES GRANTED UNDER
EXECUTIVE ORDER 14024.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and every 90 days thereafter, the
Secretary, in coordination with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report listing any specific license granted or
in effect under Executive Order 14024 \(50 U.S.C. 1701 note;
relating to blocking property with respect to specified
harmful foreign activities of the Government of the Russian
Federation\).
\(b\) Form.—Each report required under subsection \(a\) shall
be submitted in classified form.
PART III—FLAG STATE REQUIREMENTS AND STRATEGY
SEC. 8704. MINIMUM STANDARDS FOR OPERATING AS A FLAG STATE
REGISTRY AND ASSESSMENT OF EFFORTS TO PREVENT
THE CIRCUMVENTION OF SANCTIONS AND OTHER
CRIMES.
It is the policy of the United States that the government
of a country is complying with the minimum standards required
by the United States for maintaining an open flag registry
if, on balance, the government—
\(1\) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter the use of its flag registry as a
mechanism to circumvent sanctions imposed by the United
States, the United Kingdom, the European Union, or other
Group of 7 countries, including prohibiting its flag to
continue to fly on vessels that are subject to sanctions
imposed by any such country or jurisdiction;
\(2\) has enacted and implemented laws and established
government structures, policies, and practices that prohibit
and generally deter the use of its flag registry to avoid
detection of illicit activities, including drug trafficking,
illicit arms shipments, human trafficking, and illegal,
unreported, and unregulated fishing activities;
\(3\) enforces the laws described in paragraphs \(1\) and \(2\)
by punishing any person found, through a fair judicial
process, to have violated those laws;
\(4\) takes steps to ensure ships flying its flag comply with
well-established industry standards and best practices
relating to maritime activities, including adhering to
resolutions and warnings promulgated by the International
Maritime Organization, such as Resolution A.1192\(33\)
\(December 6, 2023\) relating to urging member states and all
relevant stakeholders to promote actions to prevent illegal
operations in the maritime sector by the “dark fleet” or
“shadow fleet”;
\(5\) responds to credible reports from other countries and
private entities warning of vessels flying its flag engaging
in maritime behavior that poses safety risks, such as not
allowing pilot access or turning off Automatic Identification
Systems without adequate justification;
\(6\) takes steps to ensure vessels flying its flag adhere to
measures that lawfully prohibit and regulate ship-to-ship
transfers of oil or petroleum products subject to sanctions;
\(7\) takes steps to ensure vessels flying its flag possess
adequate and credible insurance to cover the costs of
maritime accidents;
\(8\) takes steps to ensure vessels are operating under
transparent ownership structures, including by verifying the
beneficial ownership and management of vessels; and
\(9\) takes steps to ensure vessels do not avoid flag state
or port state control inspections or avoid commercial
screenings and inspections.
SEC. 8704A. STRATEGY FOR COUNTRIES THAT DO NOT MAKE
SUFFICIENT EFFORTS TO COMPLY WITH MINIMUM
STANDARDS FOR OPERATING AS A FLAG STATE.
Not later than one year after the date of the enactment of
this Act, and annually thereafter through 2030, the
Secretary, in consultation with the heads of appropriate
Federal agencies, shall—
\(1\) conduct an assessment of countries that do not meet the
minimum standards for operating as a flag state registry in
compliance with United States policy, including the standards
described in section 8704; and
\(2\) submit to the appropriate congressional committees a
strategy for identifying and engaging with those countries.
PART IV—OTHER MATTERS
SEC. 8705. INTERNATIONAL EFFORTS TO IDENTIFY VESSELS
TRANSPORTING RUSSIAN-ORIGIN OIL.
It shall be the policy of the United States—
\(1\) to fully promote the recommendations made by Resolution
A.1192\(33\) of the International Maritime Organization,
adopted on December 6, 2023;
\(2\) to use the voice and vote of the United States in
international organizations and engage other relevant
multilateral bodies, such as the North Atlantic Treaty
Organization and the European Union, to strongly encourage
the governments of all countries to adopt those
recommendations, including the recommendation that a port
state, when the state becomes aware of a vessel intentionally
taking measures to avoid detection, such as switching off its
Automatic Identification System or long-range identification
and tracking system transmissions or concealing its actual
identity, should, following an initial investigation to
verify that the vessel has not stopped transmitting signals
for legitimate reasons—
\(A\) subject the vessel to enhanced inspections as
authorized through relevant mechanisms of the port state; and
\(B\) notify the flag administration of the vessel, as
appropriate; and
\(3\) to encourage governments of all countries to deny
access to ports and services for any vessel that, following
an initial investigation, is found to have turned off its
transponder or entered false information for the purpose of
conducting a transfer of or transaction for crude oil of
Russian Federation origin or refined petroleum products made
from such oil.
Subchapter B—Sanctions With Respect to Russian-origin Energy Products
SEC. 8706. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
WITH CERTAIN INTERESTS IN RUSSIAN ENERGY
PROJECTS.
\(a\) In General.—Beginning on the date of the enactment of
this Act, the President may impose the sanctions described in
section 8709 with respect to any foreign person the President
determines is, on or after such date of enactment, a leader,
official, senior executive officer, or member of the board of
directors of, or principal shareholder with a controlling or
majority interest in, any of the following Russian energy
projects:
\(1\) The Yamal Liquified Natural Gas Project or a successor
project.
\(2\) The Arctic 1, 2, and 3 Liquified Natural Gas Projects
or a successor project.
\(3\) Any project in the Arctic region or the Russian Far
East carried out after the date of the enactment of this Act.
\(b\) Sense of Congress.—It is the sense of Congress that—
\(1\) countries that rely on Russian energy projects,
including Sakhalin-1 and Sakhalin-2, TurkStream 1 and 2, and
the Druzhba pipeline, should work to expeditiously end their
dependence on such projects and diversify their sources of
energy to exports from other countries, including the United
States; and
\(2\) the European Union should remain committed to firm
deadlines set forth in the RePowerEU Roadmap for the phasing
out of energy exported from the Russian Federation.
SEC. 8706A. STRATEGY TO COUNTER ROLE OF THE PEOPLE'S REPUBLIC
OF CHINA IN EVASION OF SANCTIONS WITH RESPECT
TO RUSSIAN-ORIGIN PETROLEUM PRODUCTS.
\(a\) In General.—Not later than 120 days after the date of
the enactment of this Act, the Secretary, in consultation
with the heads of other appropriate Federal agencies, shall
submit to the appropriate congressional committees a written
strategy, and provide to those committees an accompanying
briefing, on the role of the People's Republic of China in
evasion of sanctions imposed by the United States with
respect to Russian-origin petroleum products that includes an
assessment of options—
\(1\) to strengthen the enforcement of such sanctions; and
\(2\) to expand sanctions designations targeting the
involvement of the People's Republic of China in the
production, transportation, storage, refining, and sale of
Russian-origin petroleum products.
\(b\) Elements.—The strategy required by subsection \(a\)
shall include—
\(1\) a description and assessment of the use of sanctions in
effect before the date of the enactment of this Act to target
individuals and entities of the People's Republic of China
that are directly or indirectly associated with smuggling of
Russian-origin petroleum products;
\(2\) an assessment of—
\(A\) Russian-owned entities operating in the People's
Republic of China and involved in petroleum refining supply
chains;
\(B\) the People's Republic of China's role in Russian
petroleum refining supply chains;
\(C\) how the People's Republic of China leverages its role
in Russian petroleum supply chains to achieve political
objectives; and
\(D\) what percent of the energy consumption of the People's
Republic of China is linked to imported Russian-origin
petroleum products;
\(3\) a detailed plan for—
\(A\) monitoring the maritime domain for sanctionable
activity related to the transportation of Russian-origin
petroleum products;
\(B\) identifying the individuals, entities, and vessels
engaging in sanctionable activity related to Russian-origin
petroleum products, including—
\(i\) vessels—
\(I\) transporting petrochemicals of Russian Federation
origin;
\(II\) conducting ship-to-ship transfers of such
petrochemicals;
\(III\) with deactivated automatic identification systems; or
\(IV\) that engage in “flag hopping” by frequently changing
national registries;
\(ii\) individuals or entities—
\(I\) storing petrochemicals subject to sanctions; or
\(II\) refining or otherwise processing such petrochemicals;
and
\(iii\) through the use of port entry and docking permission
of vessels subject to sanctions;
\(C\) deterring individuals and entities from violating
sanctions by educating and engaging—
\(i\) insurance providers;
\(ii\) parent companies; and
\(iii\) vessel operators;
\(D\) collaborating with allies and partners of the United
States engaged in the Northern Europe, including through
standing or new maritime task forces, to build sanctions
enforcement capacity through assistance and training to
defense and law enforcement services; and
\(E\) using public communications and global diplomatic
engagements to highlight the role of smuggling of Russian-
origin petroleum products in bolstering the Russian
Federation's war efforts in Ukraine and support for other
malign activity; and
\(4\) an assessment of—
\(A\) the total number of vessels transporting Russian-origin
petroleum products;
\(B\) the total number of vessels smuggling such products
destined for the People's Republic of China;
\(C\) interference by the People's Republic of China with
attempts by the United States, the United Kingdom, or the
European Union to investigate or enforce sanctions with
respect to Russian-origin petroleum products;
\(D\) the effectiveness of the use of sanctions with respect
to insurers of entities that own or operate vessels involved
in transporting Russian-origin petroleum products;
\(E\) the personnel and resources needed to enforce sanctions
with respect to Russian-origin petroleum products; and
\(F\) the impact of smuggled Russian-origin petroleum
products on global energy markets.
\(c\) Form.—The strategy required by subsection \(a\) shall be
submitted in unclassified form but may include a classified
index.
Subchapter C—Sanctions With Respect to Russian Defense Industrial Base
SEC. 8707. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
THAT SELL, LEASE, OR PROVIDE GOODS OR SERVICES
RELATING TO THE DEFENSE INDUSTRIAL BASE OF THE
RUSSIAN FEDERATION.
\(a\) Report Required.—Not later than 60 days after the date
of the enactment of this Act, and every 90 days thereafter,
the Secretary, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report that identifies, for the period covered
by the report each foreign person that the Secretary, in
consultation with the Secretary of the Treasury and the
Secretary of Commerce, determines has knowingly—
\(1\) sold, leased, provided, or facilitated selling,
leasing, or providing goods or services relating to the
defense industrial base of the Russian Federation,
including—
\(A\) computer numerical control \(CNC\) tools and associated
machinery, software, and maintenance or upgrade services;
\(B\) lubricant additives;
\(C\) semiconductors and associated manufacturing equipment;
\(D\) items on the Common High Priority Items List maintained
by the Bureau of Industry and Security of the Department of
Commerce;
\(E\) nitrocellulose, wood cellulose, and associated
additives and components necessary for the production of
propellant or energetics for munitions;
\(F\) fiber optic cables with military applications and
associated technologies needed to manufacture such cables;
\(G\) advanced sensors; and
\(H\) any additional items identified by the Secretary, in
consultation with the Secretary of Commerce, that are
critical to the defense industrial base of the Russian
Federation; or
\(2\) facilitated deceptive or structured transactions to
provide the goods and services described by paragraph \(1\).
\(b\) Ineligibility for Visas, Admission, or Parole of
Identified Persons and Corporate Officers.—
\(1\) In general.—
\(A\) Visas, admission, or parole.—An alien described in
paragraph \(2\) shall be—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—The visa or other entry documentation of
an alien described in paragraph \(2\) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\)
shall—
\(I\) take effect immediately; and
\(II\) automatically cancel any other valid visa or entry
documentation that is in the possession of the alien.
\(2\) Aliens described.—An alien described in this paragraph
is an alien who is—
\(A\) identified in a report required by subsection \(a\);
\(B\) a corporate officer of a foreign entity identified in
that report; or
\(C\) a principal shareholder with a controlling interest in
a foreign entity described in subparagraph \(A\).
\(c\) Blocking of Property of Identified Persons.—The
President may exercise all powers granted to the President by
the International Emergency Economic Powers Act \(50 U.S.C.
1701 et seq.\) to the extent necessary to block and prohibit
all transactions in all property and interests in property of
any person identified in a report required by subsection \(a\)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
\(d\) Wind-down Period.—The President may not impose
sanctions under this section with respect to a person
identified in the first report submitted pursuant to
subsection \(a\) if the President certifies in such report that
the person has, not later than 30 days after the date of the
enactment of this Act, engaged in good faith efforts to wind
down operations that would otherwise subject the person to
the imposition of sanctions under this section.
Subchapter D—Modifications of Protecting Europe's Energy Security Act
of 2019
SEC. 8708. MODIFICATIONS OF PROTECTING EUROPE'S ENERGY
SECURITY ACT OF 2019.
Section 7503 of the Protecting Europe's Energy Security Act
of 2019 \(title LXXV of Public Law 116-92; 22 U.S.C. 9526
note\) is amended—
\(1\) in subsection \(a\)\(1\)\(B\)\(v\), by striking “the Nord
Stream 2 pipeline” and inserting “the Nord Stream 1
pipeline, the Nord Stream 2 pipeline, or a successor to
either such pipeline”;
\(2\) in subsection \(e\)—
\(A\) by striking paragraph \(4\); and
\(B\) by redesignating paragraphs \(5\) and \(6\) as paragraphs
\(4\) and \(5\), respectively;
\(3\) by amending subsection \(f\) to read as follows:
“\(f\) National Security Waiver.—
“\(1\) In general.—The President may waive the application
of sanctions under this section if—
“\(A\) the President—
“\(i\) determines such a waiver is in the national security
interests of the United States; and
“\(ii\) not later than 30 days before the waiver takes
effect, submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver; and
“\(B\) a joint resolution prohibiting the waiver is not
enacted into law during the 30-day period described in
subparagraph \(A\)\(ii\).
“\(2\) Consideration of joint resolutions.—
“\(A\) In general.—A joint resolution described in
paragraph \(1\)\(B\) introduced in either House of Congress shall
be considered in accordance with the provisions of section
601\(b\) of the International Security Assistance and Arms
Export Control Act of 1976 \(Public Law 94-329; 90 Stat. 765\),
except that the resolution shall be subject to germane
amendments.
“\(B\) Consideration of veto messages.—If joint resolution
described in paragraph \(1\)\(B\) is vetoed by the President, the
time for debate in consideration of the veto message on the
resolution shall—
“\(i\) in the Senate, be limited to 20 hours; and
“\(ii\) in the House of Representatives, be determined in
accordance with the Rules of the House.”; and
\(4\) in subsection \(h\)—
\(A\) by striking paragraph \(2\);
\(B\) by striking “terminate” and all that follows through
“the date on which” and inserting “terminate on the date
on which”;
\(C\) by redesignating subparagraphs \(A\) and \(B\) as
paragraphs \(1\) and \(2\), respectively, and by moving such
paragraphs, as so redesignated, 2 ems to the left; and
\(D\) in paragraph \(2\), as redesignated, by striking “; or”
and inserting a period.
Subchapter E—General Provisions
SEC. 8709. SANCTIONS DESCRIBED.
The sanctions described in this section that may be imposed
with respect to a foreign person are the following:
\(1\) Blocking of property.—The President may exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act \( 50 U.S.C. 1701
et seq.\) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property are
in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
\(2\) Ineligibility for visas, admission, or parole.—
\(A\) Visas, admission, or parole.—A foreign person that is
an alien is—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \( 8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—A foreign person that is an alien is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
SEC. 8709A. EXCEPTIONS; WAIVERS.
\(a\) Exceptions.—
\(1\) Exception relating to importation of goods.—
\(A\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this chapter shall not include the authority or a requirement
to impose sanctions on the importation of goods.
\(B\) Good.—In this paragraph, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
\(2\) Exception to comply with united nations headquarters
agreement and law enforcement activities.—Sanctions under
this chapter shall not apply with respect to the admission of
an alien to the United States if admitting or paroling the
alien into the United States is necessary—
\(A\) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
\(B\) to carry out or assist authorized law enforcement
activity in the United States.
\(3\) Exception to comply with intelligence activities.—
Sanctions under this chapter shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States.
\(4\) Humanitarian assistance.—
\(A\) In general.—Sanctions under this chapter shall not
apply to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(ii\) transactions that are necessary for or related to the
activities described in clause \(i\).
\(B\) Definitions.—In this paragraph:
\(i\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(ii\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(iii\) Medicine.—The term “medicine” has the meaning
given the term “drug” in section 201 of the Federal Food,
Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(5\) Exception for safety of vessels and crew and
decommissioning or demolition of vessels.—Sanctions under
this chapter shall not apply with respect to—
\(A\) a person providing provisions to a vessel otherwise
subject to sanctions under this chapter if the provisions are
intended for—
\(i\) the safety and care of the crew aboard the vessel;
\(ii\) the protection of human life aboard the vessel; or
\(iii\) the maintenance of the vessel to avoid any
environmental or other significant damage; or
\(B\) a person providing services to a vessel otherwise
subject to sanctions under this chapter if—
\(i\) the vessel fails to meet international maritime vessel
safety standards; and
\(ii\) the services are necessary to ensure the safe
decommissioning or destruction of the vessel.
\(6\) Annual report.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to the appropriate congressional
committees a report that describes each activity that would
be sanctionable under this chapter if not covered by an
exception under this subsection.
\(b\) Waiver.—
\(1\) In general.—The President may, on a case-by-case basis
and for periods not to exceed 180 days each, waive the
application of sanctions imposed with respect to a foreign
vessel or a foreign person under this chapter if the
President certifies to the appropriate congressional
committees, not later than 15 days after such waiver is to
take effect, that the waiver is in the national security
interests of the United States.
\(2\) Certification.—The President shall not be required to
impose sanctions under this chapter with respect to a foreign
person who has engaged in activity subject to sanctions under
this chapter if the President certifies in writing to the
appropriate congressional committees that the foreign
person—
\(A\) is no longer engaging in such activities; or
\(B\) has taken and is continuing to take significant,
verifiable steps toward permanently terminating such
activities.
\(c\) Rule of Construction.—Nothing in this section shall be
construed to affect the availability of any existing
authorities to
issue waivers, exceptions, exemptions, licenses, or other
authorization.
SEC. 8709B. IMPLEMENTATION.
\(a\) Implementation.—The President may exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act \(50 U.S.C. 1702 and 1704\) for
purposes of carrying out this chapter.
\(b\) Penalties.—A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
chapter or any regulation, license, or order issued to carry
out this chapter may be subject to the penalties set forth in
subsections \(b\) and \(c\) of section 206 of the International
Emergency Economic Powers Act \(50 U.S.C. 1705\) to the same
extent as a person that commits an unlawful act described in
subsection \(a\) of that section.
SEC. 8709C. TERMINATION OF SANCTIONS AUTHORITIES.
The requirements and authorities to impose sanctions under
subchapters A, B, and C, and any sanctions imposed under
those subchapters, shall terminate on the date that is 10
years after the date of the enactment of this Act.
CHAPTER 2—OTHER MATTERS
SEC. 8710. DETERMINATION WITH RESPECT TO RUSSIAN MILITARY
ACTIONS IN SUPPORT OF RUSSIAN SHADOW FLEET.
\(a\) In General.—The President may determine, at such times
as are required under subsection \(b\), whether—
\(1\) the Government of the Russian Federation, including
through any of its proxies, is engaged in or knowingly
supporting an escalation of military measures in the Gulf of
Finland, the Baltic Sea, or the Straits of Denmark, including
to deter members of the North Atlantic Treaty Organization
from inspecting vessels transporting Russian-origin petroleum
products or posing a threat to undersea infrastructure to
ensure such vessels are adhering to accepted maritime
standards; and
\(2\) if the President makes a positive determination under
paragraph \(1\), whether that escalation increases the risk of
an incident at sea, including damage to undersea cable
infrastructure.
\(b\) Timing of Determinations.—The President may make the
determination described in subsection \(a\)—
\(1\) not later than 15 days after the date of the enactment
of this Act;
\(2\) after the first determination under paragraph \(1\), not
less frequently than every 30 days \(or more frequently as
warranted\) during the 1-year period beginning on such date of
enactment; and
\(3\) after the end of that 1-year period, not less
frequently than every 90 days.
\(c\) Report Required.—Upon making a determination under
subsection \(a\), the President shall submit a report on the
determination to—
\(1\) the committees specified in subsection \(d\);
\(2\) the majority leader and the minority leader of the
Senate; and
\(3\) the Speaker and the minority leader of the House of
Representatives.
\(d\) Committees Specified.—The committees specified in this
subsection are—
\(1\) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of
the Senate; and
\(2\) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 8710A. RESOURCES FOR SANCTIONS IMPLEMENTATION AT THE
DEPARTMENT OF STATE.
\(a\) Sense of Congress.—It is the sense of Congress that
sanctions are a vital foreign policy and national security
tool, and as such, it is critical that the Department of
State and other agencies with responsibilities relating to
sanctions across the executive branch—
\(1\) are fully staffed, including through the prompt
confirmation by the Senate of a qualified head of the Office
of Sanctions Coordination of the Department of State; and
\(2\) have the resources and infrastructure necessary for the
successful development and implementation of sanctions.
\(b\) Increasing Resources and Improving Modernization for
Sanctions Implementation.—The head of the Office of
Sanctions Coordination shall take steps to modernize the
sanctions infrastructure and increase resources dedicated to
implementing sanctions, including by—
\(1\) ensuring the Department of State has necessary
subscriptions and access to open-source databases for
purposes of making determinations to support the designation
of persons for the imposition of sanctions;
\(2\) equipping bureaus involved in drafting and reviewing
evidentiary packages to support such designations with
sufficient technical resources to do so, including an
adequate number of workstations that can be used to review
classified information; and
\(3\) increasing the number of personnel dedicated to making
and reviewing such designations.
\(c\) Report on Modernizations Efforts.—Not later than 180
days after the date of the enactment of this Act, the head of
the Office of Sanctions Coordination shall submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
a report describing steps the Department of State is taking
to address challenges in the ability of the Department to
support the designation of persons for the imposition of
sanctions.
\(d\) Authorizations of Appropriation.—
\(1\) Office of sanctions coordination.—There is authorized
to be appropriated to the Office of Sanctions Coordination
for each of fiscal years 2026 and 2027 $15,000,000 to carry
out this section.
\(2\) Office of foreign assets control.—There is authorized
to be appropriated to the Office of Foreign Assets Control of
the Department of the Treasury for each of fiscal years 2026
and 2027 $15,000,000 to carry out this section.
SEC. 8710B. MODIFICATION OF LIMITATION ON MILITARY
COOPERATION BETWEEN THE UNITED STATES AND THE
RUSSIAN FEDERATION.
Section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 \(Public Law 114-328; 130 Stat. 2488\) is
amended—
\(1\) by striking subsections \(c\) and \(d\); and
\(2\) by redesignating subsections \(e\) and \(f\) as subsections
\(c\) and \(d\), respectively.
SEC. 8710C. EMERGENCY APPROPRIATIONS FOR THE COUNTERING
RUSSIAN INFLUENCE FUND.
\(a\) Emergency Appropriations.—
\(1\) Authorization of appropriation.—There is authorized to
be appropriated, out of any money in the Treasury not
otherwise appropriated, $200,000,000 to the Secretary for
fiscal years 2026 and 2027 for the Countering Russian
Influence Fund to provide additional support to Ukraine and
allies of the United States in Central and Eastern Europe in
the wake of aggression by the Russian Federation, including
assistance combating Russian Federation information
operations, sabotage activities, cyber threats, and security
threats.
\(2\) Emergency designation.—
\(A\) In general.—The amounts provided under paragraph \(1\)
are designated as an emergency requirement pursuant to
section 4\(g\) of the Statutory Pay-As-You-Go Act of 2010 \(2
U.S.C. 933\(g\)\).
\(B\) Designation in the senate and the house of
representatives.—This subsection is designated as an
emergency requirement pursuant to subsections \(a\) and \(b\) of
section 4001 of S. Con. Res. 14 \(117th Congress\), the
concurrent resolution on the budget for fiscal year 2022.
\(b\) Report Required.—
\(1\) In general.—Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, the
Secretary shall submit to the appropriate committees of
Congress a report that contains a description of the
activities carried out pursuant to this section.
\(2\) Form.—The strategy required by paragraph \(1\) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
\(c\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 8710D. REPORT ON PRESIDENTIAL DRAWDOWN AUTHORITY AND
UKRAINE SECURITY ASSISTANCE INITIATIVE.
\(a\) In General.—Not later than 30 days after the date of
the enactment of this Act, and every 30 days thereafter, the
Secretary and the Secretary of Defense shall jointly submit
to the appropriate committees of Congress a report that
includes—
\(1\) the status of remaining amounts available for Ukraine
under the Presidential drawdown authority provided in the
Additional Ukraine Supplemental Appropriations Act, 2022
\(Public Law 117-128; 136 Stat. 1211\) and the Ukraine Security
Supplemental Appropriations Act \(Public Law 118-50; 138 Stat.
905\);
\(2\) a description of all defense articles and services
provided to Ukraine under Presidential drawdown authority,
Foreign Military Financing, and the Ukraine Security
Assistance Initiative under section 1250 of the National
Defense Authorization Act for Fiscal Year 2016 \(Public Law
114-92; 129 Stat. 1068\); and
\(3\) a description of the readiness requirements,
valuations, and replenishment calculations used to determine
the availability of inventory to transfer to Ukraine.
\(b\) Appropriate Committees of Congress Defined.—In this
section, the term “appropriate committees of Congress”
means—
\(1\) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
\(2\) the Committees on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 8710E. SUPPORT FOR UKRAINE ARMS SALES.
For any letter of offer to sell or license to export
defense articles or defense services to Ukraine that would
require a numbered certification to Congress required by
section 36 of the Arms Export Control Act \(22 U.S.C. 2776\),
the President shall not offer such letter of offer or issue
such license until 15 days have elapsed from the time such
numbered certification is provided to Congress,
notwithstanding the requirements of such section for 30 days,
and any joint resolution of disapproval shall be eligible for
a motion to discharge from the Committee on Foreign Relations
of the Senate 5 days after introduction.
Subtitle B—Deterring Aggression Against Taiwan
SEC. 8711. SHORT TITLE.
This subtitle may be cited as the “ \`DETER PRC Aggression
Against Taiwan Act' ”.
SEC. 8712. SENSE OF CONGRESS.
It is the sense of Congress that the United States must be
prepared to take immediate action to impose sanctions with
respect to any military or non-military entities owned,
controlled, or acting at the direction of the Government of
the PRC or the Chinese Communist Party that are supporting
actions by the Government of the PRC or by the Chinese
Communist Party—
\(1\) to overthrow or dismantle the governing institutions in
Taiwan;
\(2\) to occupy any territory controlled or administered by
Taiwan;
\(3\) to violate the territorial integrity of Taiwan; or
\(4\) to take significant action against Taiwan, including—
\(A\) conducting a naval blockade of Taiwan;
\(B\) seizing any outlying island of Taiwan; or
\(C\) perpetrating a significant physical or cyber attack on
Taiwan that erodes the ability of the governing institutions
in Taiwan to operate or provide essential services to the
citizens of Taiwan.
SEC. 8713. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Financial Services of the House of
Representatives.
\(2\) PRC.—The term “PRC” means the People's Republic of
China.
\(3\) PRC sanctions task force; task force.—The terms “PRC
Sanctions Task Force” and “Task Force” mean the task force
established pursuant to section 8714.
SEC. 8714. TASK FORCE.
\(a\) Establishment.—Not later than 180 days after the date
of the enactment of this Act, the Coordinator for Sanctions
of the Department of State and the Director of the Office of
Foreign Assets Control of the Department of the Treasury, in
coordination with the Director of National Intelligence,
shall establish a task force to identify military or non-
military entities that could be subject to sanctions or other
economic actions imposed by the United States immediately
following any action taken by the PRC that demonstrates an
attempt to achieve, or has the significant effect of
achieving, the physical or political control of Taiwan,
including by taking any of the actions described in
paragraphs \(1\) through \(4\) of section 8712.
\(b\) Strategy.—Not later than 270 days after the
establishment of the PRC Sanctions Task Force, the Task Force
shall submit a strategy to the appropriate congressional
committees for identifying proposed targets for sanctions or
other economic actions referred to in subsection \(a\), which
shall—
\(1\) assess how existing sanctions programs could be used to
impose sanctions with respect to entities identified by the
Task Force;
\(2\) develop or propose, as appropriate, new sanctions
authorities that might be required to impose sanctions with
respect to such entities;
\(3\) analyze the potential economic consequences to the
United States, and to allies and partners of the United
States, of imposing various types of such sanctions with
respect to such entities;
\(4\) assess measures that could be taken to mitigate the
consequences referred to in paragraph \(3\), including through
the use of licenses, exemptions, carve-outs, and other
approaches;
\(5\) include coordination with allies and partners of the
United States—
\(A\) to leverage sanctions and other economic tools
including actions targeting the PRC's financial and
industrial sectors to deter or respond to aggression against
Taiwan;
\(B\) to identify and resolve potential impediments to
coordinating sanctions-related efforts or other economic
actions with respect to responding to or deterring aggression
against Taiwan; and
\(C\) to identify industries, sectors, or goods and services
where the United States and allies and partners of the United
States can take coordinated action through sanctions or other
economic tools that will have a significant negative impact
on the economy of the PRC; and
\(D\) to coordinate actions with partners and allies to
provide economic support to Taiwan and other countries being
threatened by the PRC, including measures to counter economic
coercion by the PRC;
\(6\) assess the resource gaps and needs at the Department of
State and the Department of the Treasury to most effectively
use sanctions and other economic tools to respond to the
threats posed by the PRC;
\(7\) recommend how best to target sanctions and other
economic tools against individuals, entities, and economic
sectors in the PRC, which shall take into account—
\(A\) the role of such targets in supporting policies and
activities of the Government of the PRC, or of the Chinese
Communist Party, that pose a threat to the national security
or foreign policy interests of the United States;
\(B\) the negative economic implications of such sanctions
and tools for the Government of the PRC, including its
ability to achieve its objectives with respect to Taiwan; and
\(C\) the potential impact of such sanctions and tools on the
stability of the global financial system, including with
respect to—
\(i\) state-owned enterprises;
\(ii\) officials of the Government of the PRC and of the
Chinese Communist Party;
\(iii\) financial institutions associated with the Government
of the PRC; and
\(iv\) companies in the PRC that are not formally designated
by the Government of the PRC as state-owned enterprises; and
\(8\) identify any foreign military or non-military entities
that would likely be used to achieve the outcomes specified
in section 8712, including entities in the shipping,
logistics, energy \(including oil and gas\), maritime,
aviation, ground transportation, and technology sectors.
SEC. 8715. REPORT.
Not later than 120 days after the submission of the
strategy required under section 8714\(b\), and semiannually
thereafter, the PRC Sanctions Task Force shall submit a
classified report to the appropriate congressional committees
that includes information regarding—
\(1\) any entities identified pursuant to section 8714\(b\)\(8\);
\(2\) any new authorities required to impose sanctions with
respect to such entities;
\(3\) potential economic impacts on the PRC, the United
States, and allies and partners of the United States
resulting from the imposition of sanctions with respect to
such entities;
\(4\) mitigation measures that could be employed to limit any
deleterious economic impacts on the United States and allies
and partners of the United States of such sanctions;
\(5\) the status of coordination with allies and partners of
the United States regarding sanctions and other economic
tools identified under this subtitle;
\(6\) resource gaps and recommendations to enable the
Department of State and the Department of the Treasury to use
sanctions to more effectively respond to the malign
activities of the Government of the PRC; and
\(7\) any additional resources that may be necessary to carry
out the strategies and recommendations included in the report
submitted pursuant to section 8714\(b\).
Subtitle C—PEACE in Sudan
SEC. 8721. SHORT TITLES.
This subtitle may be cited as the “ \`Preventing External
Aggression and Conflict Escalation in Sudan Act of 2026' ”
or the “PEACE in Sudan Act”.
SEC. 8722. STATEMENT OF POLICY.
It is the policy of the United States—
\(1\) to advance and protect the national security of the
United States, including by identifying, disrupting, and
dismantling the networks and actions of criminal and malign
actors who foment and benefit from instability, conflict,
humanitarian emergency, state failure, and ungoverned spaces;
\(2\) to utilize all available diplomatic and economic tools
to secure an end to the war in Sudan;
\(3\) to counter—
\(A\) malign foreign interference and external military
support to parties to the conflict in Sudan; and
\(B\) destabilizing regional and domestic actors who seek to
benefit from the continued conflict in Sudan;
\(4\) to promote efforts to bring about stability and
security in Sudan, including by addressing the humanitarian
suffering of the Sudanese people and others impacted across
Africa;
\(5\) to hold perpetrators of war crimes, crimes against
humanity, and genocide in Sudan accountable for their crimes;
\(6\) to advance and protect the internationally recognized
human rights of all Sudanese people, regardless of ethnicity,
religion, sex, or geographic area of origin; and
\(7\) to support the aspirations of the people of Sudan for a
political transition process that results in a civilian
government that—
\(A\) is democratic;
\(B\) is accountable;
\(C\) respects the internationally-recognized human rights of
its citizens; and
\(D\) is at peace with itself and its neighbors
SEC. 8723. DEFINITIONS.
In this subtitle:
\(1\) Admission; admitted; alien.—The terms “admission”,
“admitted”, and “alien” have the meanings given such
terms in section 101\(a\) of the Immigration and Nationality
Act \(8 U.S.C. 1101\(a\)\).
\(2\) Aid or abet.—The term “aid or abet” means to
intentionally assist or encourage a person or persons to
commit a crime.
\(3\) Appropriate congressional committees.—Except as
provided in section 8727, the term “appropriate
congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate; and
\(B\) the Committee on Foreign Affairs of the House of
Representatives.
\(4\) Atrocity.—The term “atrocity” means war crimes,
crimes against humanity, or genocide.
\(5\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(6\) Genocide.—The term “genocide” means an offense
described in section 1091\(a\) of title 18, United States Code.
\(7\) International financial institution.—The term
“international financial institution” means—
\(A\) the International Monetary Fund;
\(B\) the International Bank for Reconstruction and
Development;
\(C\) the International Development Association;
\(D\) the International Finance Corporation;
\(E\) the Inter-American Development Bank Group;
\(F\) the Asian Development Bank;
\(G\) the Inter-American Investment Corporation;
\(H\) the African Development Bank;
\(I\) the African Development Fund;
\(J\) the European Bank for Reconstruction and Development;
\(K\) the Multilateral Investment Guaranty Agency; and
\(L\) any multilateral financial institution established
after the date of the enactment of this Act that could
provide financial assistance to the Government of Sudan.
\(8\) Non-state armed group.—The term “non-state armed
group” means any entity participating in, supporting, or
contributing to the conflict or commission of atrocities that
is not an organization of a foreign government, including
militia, armed groups, mercenaries, private military
contractors, and terrorist organizations.
\(9\) Quad.—The term “Quad” means the diplomatic grouping
of the United States, Egypt, Saudi Arabia, and the United
Arab Emirates that has been convening in an effort to mediate
an end to the conflict in Sudan.
\(10\) Quintet.—The term “Quintet” means the diplomatic
grouping of the African Union, the Intergovernmental
Authority on Development, the League of Arab States, the
European Union, and the United Nations.
\(11\) Torture.—The term “torture” has the meaning given
such a term in section 2340\(1\) of title 18, United States
Code.
\(12\) United states person.—The term “United States
person” means—
\(A\) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
and
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
\(13\) War crime.—The term “war crime”—
\(A\) has the meaning given such term in section 2441\(c\) of
title 18, United States Code; and
\(B\) includes sexual violence.
SEC. 8724. REPORT ON ACTIVITIES OF CERTAIN FOREIGN
GOVERNMENTS AND GROUPS IN SUDAN.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary shall submit a report to the appropriate
congressional committees that includes—
\(1\) a comprehensive analysis of the involvement of foreign
governments by supporting, facilitating, or contributing to
the conflict and commission of atrocities in Sudan,
including—
\(A\) providing arms and materiel to the Sudanese Armed
Forces and the Rapid Support Forces;
\(B\) the estimated number of affiliated combatants and
support personnel in Sudan acting in support of the war
effort, including those who are engaged in active fighting,
training, and equipping;
\(C\) engagement in, or support for, drone and aircraft
strikes, and the training of combatants;
\(D\) the provision of financial, in-kind, or material
support to the Sudanese Armed Forces or the Rapid Support
Forces, including intelligence services or information
sharing
\(E\) the source, frequency, and scope of violations of the
United Nations arms embargo outlined in United Nations
Security Council Resolutions 1556 \(2004\) and 1591 \(2005\);
\(F\) instances of international travel by non-state armed
groups from Sudan for purposes other than structured
diplomatic negotiations; and
\(G\) actions that violate existing United States defense
cooperation agreements or designation as a major non-NATO
ally of the United States \(as defined in section 644 of the
Foreign Assistance Act of 1961 \(22 U.S.C. 2403\)\);
\(2\) a comprehensive analysis of the involvement of non-
state armed groups in supporting, facilitating, or
contributing to the conflict in Sudan and the commission of
atrocities in Sudan, which may include—
\(A\) the Wagner Group;
\(B\) the Sudan Revolutionary Front;
\(C\) the Sudanese Muslim Brotherhood, including its al-Baraa
Bin Malik Brigade;
\(D\) the Sudan Liberation Movement, led by Minni Minnawi;
\(E\) the Sudan People's Liberation Movement-North-al Hilu;
\(F\) the Sudan People's Liberation Army-in-Opposition;
\(G\) the Sudan Liberation Movement, led by Abdul Wahid al-
Nur;
\(H\) the Sudanese Liberation Army, led by Malik Agar;
\(I\) the Sudan Liberation Movement - Transitional Council,
led by El-Hadi Idris Yahya;
\(J\) the Joint Security Forces, including the Justice and
Equality Movement;
\(K\) Gathering of Sudan Liberation Forces, led by Al-Tahir
Hajar;
\(L\) the Central Reserve Forces;
\(M\) the Sudanese Awakening Revolutionary Council, led by
Musa Hilal;
\(N\) the Sudan Shield Forces;
\(O\) the Third Front \(Tamazuj\);
\(P\) Army 70;
\(Q\) the Tigray Defense Forces;
\(R\) the Desert Wolves;
\(S\) the Libyan Arab Armed Forces \(also known as the
“Libyan National Army”\); and
\(T\) the Union of Forces for Democracy and Development;
\(3\) an analysis of private and commercial activity
facilitating or benefitting from the war economy related to
the conflict in Sudan, within or outside Sudan, which may
include activity related to—
\(A\) port operations;
\(B\) aviation \(including airlines and airports\);
\(C\) ground transportation services;
\(D\) the mining, refining, processing, and trade of gold,
gum arabic, and other natural resources;
\(E\) private military companies;
\(F\) banking and financial services;
\(G\) cryptocurrency transactions;
\(H\) technology;
\(I\) military equipment; and
\(J\) weapons manufacturing; and
\(4\) an analysis of whether actions taken by a government of
a foreign country referred to in paragraph \(1\)—
\(A\) involves defense articles or defense services \(as such
terms are defined in section 47 of the Arms Export Control
Act \(22 U.S.C. 2794\) of United States origin;
\(B\) violates the terms of applicable United States or end-
user assurances, licenses, or agreements; and
\(C\) violates the arms embargo designated by United Nation
Security Council Resolutions 1556 \(2004\), 1591 \(2005\), and
any successor Security Council Resolution for an arms embargo
on all or part of Sudan.
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
\(c\) Briefing.—Not later than 15 days after the submission
of the report required under subsection \(a\), the Secretary or
the Secretary's designee, shall provide a briefing to the
appropriate congressional committees regarding the matters
contained in such report.
SEC. 8725. REPORT ON ATROCITIES AND GROSS VIOLATIONS OF
INTERNATIONALLY-RECOGNIZED HUMAN RIGHTS IN
SUDAN.
\(a\) In General.—Not later than 90 days after the date of
the enactment of this Act, and semiannually thereafter, the
Secretary shall submit to the appropriate congressional
committees a comprehensive report regarding the conduct of,
support for, and perpetrators of gross violations of
internationally recognized human rights in Sudan since April
15, 2023.
\(b\) Elements.—The report required under subsection \(a\)
shall include a description of—
\(1\) any atrocities and other gross violations of
internationally recognized human rights committed by the
Sudanese Armed Forces, the Rapid Support Forces, non-state
armed groups, other entities of the Government of Sudan, and
other individuals, which may include—
\(A\) the recruitment and use of child soldiers;
\(B\) the use of starvation and sexual violence as weapons of
war, including systematic rape, sexual slavery, and other
forms of sexual violence;
\(C\) the denial of humanitarian access, including the
obstruction of humanitarian assistance or the targeting of
aid workers;
\(D\) looting, occupation, or destruction of civilian
infrastructure, including religious sites, health facilities,
residential buildings, and schools;
\(E\) violations in the conduct of hostilities, summary
executions, the deliberate targeting of civilians, and
arbitrary detention;
\(F\) the systematic targeting of medical facilities and
medical personnel, emergency response rooms, or other
humanitarian initiatives;
\(G\) the deliberate targeting of places of worship; and
\(H\) ethnically motivated violence, including violence
against minority non-Arab communities and indigenous ethnic
groups of the Nuba Mountains; and
\(2\) the sanctions imposed in accordance with the Chemical
and Biological Weapons Control and Warfare Elimination Act of
1991 \(title III of Public Law 102-182; 22 U.S.C. 5601 et
seq.\) and the continued monitoring of the use of chemical
weapons by the Government of Sudan.
\(c\) Form.—The report required under subsection \(a\) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 8726. STRATEGY.
\(a\) In General.—The Secretary, in coordination with the
Secretary of the Treasury and the Secretary of Defense, shall
develop a comprehensive strategy to secure a ceasefire and
durable political settlement in Sudan. In developing such
strategy, the Secretary shall utilize all economic and
diplomatic tools available to the Department of State and the
Department of the Treasury, including the Office of Foreign
Assets Control, and enhance diplomatic, financial, and legal
measures to hold perpetrators of atrocities and other gross
violations of internationally recognized human rights
accountable.
\(b\) Elements.—The strategy required under subsection \(a\)
shall include a description of the Secretary's plans—
\(1\) to help end the conflict in Sudan, which may include—
\(A\)\(i\) determining the key actors who must be involved in
diplomatic negotiations to end the war;
\(ii\) supporting their sustained and credible participation
in such negotiations;
\(iii\) assessing the appropriate staffing needed within the
Department of State's Office of Sudan Affairs, including
locally employed staff and staff based in Ethiopia and Kenya,
to engage on coordinated diplomatic efforts to end the war in
Sudan;
\(B\) establishing a timeline for using diplomatic
engagement, intelligence diplomacy, security cooperation, and
foreign assistance, as appropriate, to secure the support of
allies and partners in finding diplomatic paths to end the
conflict in Sudan; and
\(C\) coordinating with the Quintet, the Quad, and other
international partners—
\(i\) to end the armed conflict in Sudan;
\(ii\) to protect civilians in Sudan;
\(iii\) to hold accountable perpetrators of atrocities and
other gross violations of internationally recognized human
rights; and
\(iv\) to seek an enduring diplomatic resolution to the
conflict;
\(2\) to cripple the war economy and abettor network;
\(3\) to collaborate with the Secretary of the Treasury to
hold perpetrators of atrocities in Sudan accountable for
their crimes;
\(4\) to counter foreign influence and military support to
the Sudanese Armed Forces and the Rapid Support Forces, which
exacerbates the conflict in Sudan; and
\(5\) to promote stability and alleviate human suffering in
Sudan, which may include—
\(A\) securing guarantees for unrestricted humanitarian
access to vulnerable populations and the implementation of
protection measures, including measures to provide trauma-
informed care and prevent human trafficking, sexual violence,
and the recruitment of child soldiers; and
\(B\) analyzing—
\(i\) how to most effectively leverage diplomatic and
assistance tools and incentivize strategic burden-sharing
with international partners to improve the humanitarian
conditions in Sudan;
\(ii\) requirements for rebuilding essential infrastructure
that has been destroyed in the conflict, including health
systems, education, and civilian infrastructure, and the role
to be played by the international community in such efforts;
\(iii\) how to engage in diplomatic efforts to ensure support
for humanitarian relief and recovery in Sudan from
international donors, including foreign governments and
multilateral organizations; and
\(iv\) how the United States, and other partners can work to
ensure the safety and security of humanitarian aid workers
and journalists in Sudan;
\(6\) to implement a comprehensive diplomatic approach toward
engagement with the countries bordering Sudan, in addition to
Kenya and Uganda, and regional institutions to address the
issues detailed in paragraphs \(1\) through \(5\); and
\(7\) to identify potential opportunities for United States
economic engagement and investment in a post-conflict Sudan
and the broader region that could support diplomatic efforts
to end the conflict, which may include—
\(A\) identifying opportunities for United States private
sector investment in Sudan's recovery and reconstruction,
including in sectors such as agriculture, energy, critical
minerals, infrastructure, and financial services;
\(B\) assessing mechanisms through which the United States
Government, including through the United States International
Development Finance Corporation and the United States Trade
and Development Agency, may support United States private
sector actors seeking to engage in Sudan and the broader
region;
\(C\) evaluating opportunities to deepen trade and investment
ties with countries neighboring Sudan as part of a broader
regional economic strategy that advances United States
interests and promotes stability for the region; and
\(D\) analyzing the manner in which United States economic
engagement in Sudan and the region can support the durability
of a credible peace agreement or cessation of hostilities,
and advance an economic order that prioritizes transparency,
accountability, and the long-term interests of the people of
Sudan.
\(c\) Submission.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the strategy developed
pursuant to subsection \(a\) in an unclassified form, which
shall include the information described in subsection \(b\) and
may include a classified annex.
\(d\) Briefing.—Not later than 15 days after submitting the
strategy required under subsection \(a\), and every 90 days
thereafter, the Secretary, or the Secretary's designee, shall
brief the appropriate congressional committees regarding—
\(1\) the status of the implementation of such strategy; and
\(2\) any changes or updates based on evolving conditions in
Sudan.
SEC. 8727. ASSESSMENT OF ELIGIBILITY OF ARMED ACTORS IN SUDAN
FOR DESIGNATION AS SPECIALLY DESIGNATED GLOBAL
TERRORISTS.
\(a\) Defined Term.—In this section, the term “appropriate
congressional committees” means—
\(1\) the Committee on Foreign Relations of the Senate; and
\(2\) the Committee on Foreign Affairs of the House of
Representatives.
\(b\) In General.—The Secretary, in consultation with the
Secretary of the Treasury, shall conduct an assessment to
determine whether any armed actor in Sudan meets the criteria
for designation as a specially designated global terrorist,
consistent with the International Emergency Economic Powers
Act \(50 U.S.C. 1701 et seq.\).
\(c\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a classified report
containing—
\(1\) the results of the assessment conducted pursuant to
subsection \(b\); and
\(2\) a description of action the Secretary has planned based
on such results.
SEC. 8728. SANCTIONS.
\(a\) In General.—The President may impose the sanctions
described in subsection \(b\) with respect to any foreign
person the President determines, on or after the date of the
enactment of this Act—
\(1\) to be responsible for, complicit in, or to have
directly or indirectly engaged in or facilitated—
\(A\) actions that threaten the peace, security, stability,
or territorial integrity of Sudan;
\(B\) the supply, sale, or transfer of arms or any related
materiel, or any assistance, advice, or training related to
military activities to—
\(i\) the Sudanese Armed Forces;
\(ii\) the Rapid Support Forces; or
\(iii\) non-State armed groups operating in Sudan;
\(C\) the use or recruitment of child soldiers;
\(D\) directing, leading, or enabling the presence of foreign
military forces or non-state armed groups in Sudan that have
engaged in actions that threaten the peace, security,
stability, or territorial integrity of Sudan;
\(E\) aiding or abetting Sudanese Armed Forces or Rapid
Support Forces by—
\(i\) providing financial or material support or a safe
haven; or
\(ii\) contributing to the concealment of their crimes;
\(F\) actions that obstruct, undermine, delay, or have the
purpose or effect of undermining a political process aimed at
securing a ceasefire, peace, or political resolution to the
conflict in Sudan;
\(G\) the commission of atrocities or other gross violations
of internationally recognized human rights \(as defined in
section 1262 of the Global Magnitsky Human Rights
Accountability Act \(subtitle F of title XII of Public Law
114-328; 22 U.S.C. 10101\);
\(H\) the smuggling or trafficking of natural resources from
or through Sudan, including gold and gum arabic;
\(I\) actions that constitute a violation of the arms embargo
under United Nations Security Council Resolutions 1556 \(2004\)
and 1591 \(2005\), including facilitating financial
transactions in furtherance of such actions or facilitating
any export, reexport, transshipment, or transfer in
furtherance of such actions;
\(J\) the targeting of civilians, including women and
children, through the commission of acts of violence
\(including killing, maiming, torture, or rape or other sexual
violence\), abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where
civilians are seeking refuge or aid provided by domestic or
international actors;
\(K\) the obstruction of activities of, or attacks on, the
United Nations, bilateral or multilateral diplomatic
missions, or international humanitarian organizations, or
their personnel;
\(L\) the operation of private military companies that are
contributing to violence against civilians in Sudan;
\(M\) the obstruction of the delivery or distribution of, or
access to, humanitarian assistance, including by force,
intimidation, theft, coercion, or bureaucratic means;
\(N\) significant efforts to impede investigations or
prosecutions of alleged gross abuses of internationally
recognized human rights in Sudan; or
\(O\) actions or policies that obstruct, undermine, delay, or
impede, or pose a significant risk of obstructing,
undermining, delaying, or impeding, the formation or
operation of a civilian government;
\(2\)\(A\) to have materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of—
\(i\) any activity described in this section;
\(ii\) any person whose property and interests in property
are blocked pursuant to this section; or
\(B\) to be owned or controlled by, or to have acted or
purported to act for or on behalf of \(directly or indirectly\)
any person whose property and interests in property are
blocked pursuant to this section; or
\(3\) forms an entity for the purpose of evading sanctions
that would otherwise be imposed pursuant to this section.
\(b\) Sanctions; Exceptions.—
\(1\) Sanctions.—
\(A\) Asset blocking.—Notwithstanding section 202 of the
International Emergency Economic Powers Act \(50 U.S.C. 1701\),
the President may exercise all of the powers granted
to the President by such Act to the extent necessary to block
and prohibit all transactions in all property and interests
in property of a foreign person the President determines
meets 1 or more of the criteria described in subsection \(a\)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
\(B\) Prohibitions on financial transactions.—
Notwithstanding the requirements under section 202 of the
International Emergency Economic Powers Act \(50 U.S.C. 1701\),
the President may exercise all powers granted to the
President by such Act to the extent necessary—
\(i\) to prohibit any United States financial institution
from making loans or providing credit to the foreign person;
or
\(ii\) to prohibit any transactions in foreign exchange that
are subject to the jurisdiction of the United States and in
which the foreign person has any interest.
\(C\) Aliens inadmissible for visas, admission, or parole.—
\(i\) Visas, admission, or parole.—An alien is described in
this clause if the Secretary or the Secretary of Homeland
Security \(or a designee of either such Secretary\) knows, or
has reason to believe the alien—
\(I\) meets any of the criteria described in subsection \(a\);
and
\(II\)\(aa\) is inadmissible to the United States;
\(bb\) is ineligible to receive a visa or other documentation
to enter the United States; or
\(cc\) is otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(ii\) Current visas revoked.—
\(I\) In general.—The issuing consular officer, the
Secretary, or a designee of the Secretary, in accordance with
section 221\(i\) of the Immigration and Nationality Act \(8
U.S.C. 1201\(i\)\), shall revoke any visa or other entry
documentation issued to an alien described in clause \(i\)
regardless of when the visa or other entry documentation was
issued.
\(II\) Effect of revocation.—Each revocation under subclause
\(I\) shall—
\(aa\) take effect immediately; and
\(bb\) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.
\(2\) Penalties.—Any person that commits, attempts to
commit, conspires to commit, or causes the commission of an
action described in subsection \(a\) shall be subject to the
penalties set forth in subsections \(b\) and \(c\) of section 206
of the International Emergency Economic Powers Act \(50 U.S.C.
1705\) to the same extent as a person that commits an unlawful
act described in subsection \(a\) of such section.
\(3\) Implementation.—The President—
\(A\) may exercise all authorities provided under sections
203 and 205 of the International Emergency Economic Powers
Act \(50 U.S.C. 1702 and 1704\) to carry out this section; and
\(B\) shall issue such regulations, licenses, and orders as
may be necessary to carry out this section.
\(4\) Exception to comply with united nations headquarters
agreement.—Sanctions described in paragraph \(1\)\(B\) shall not
apply with respect to an alien if admitting or paroling the
alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
\(5\) Exception to comply with intelligence and law
enforcement activities.—Sanctions under this section shall
not apply to any activity subject to—
\(A\) the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States; or
\(B\) to carry out or assist any authorized law enforcement
activities of the United States.
\(6\) Exception for humanitarian assistance.—
\(A\) Definitions.—In this paragraph:
\(i\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given such term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(ii\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(iii\) Medicine.—The term “medicine” has the meaning
given the term “drug” in section 201 of the Federal Food,
Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(B\) In general.—Sanctions under this section shall not
apply to—
\(i\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, humanitarian assistance, or for humanitarian
purposes; or
\(ii\) transactions that are necessary for or related to any
activity described in clause \(i\).
\(7\) Exception relating to the importation of goods.—
\(A\) Good.—In this paragraph, the term “good” means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test
equipment, and excluding technical data.
\(B\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this section shall not include the authority or a requirement
to impose sanctions on the importation of goods.
SEC. 8729. SPECIAL ENVOY FOR SUDAN.
Section 7204\(d\) of the Department of State Authorization
Act for Fiscal Year 2025 \(division G of Public Law 118-159;
22 U.S.C. 10001 note\) is amended by striking “2 years” and
inserting “5 years”.
SEC. 8730. ASSISTANCE TO THE GOVERNMENT OF SUDAN BY
INTERNATIONAL FINANCIAL INSTITUTIONS.
\(a\) Restrictions.—Except as provided in subsections \(b\)
and \(c\), the Secretary of the Treasury shall instruct the
United States Executive Director or the appropriate head of
the respective international financial institutions—
\(1\) to use the voice and vote of the United States in those
institutions to oppose any premature, new, long-term
reconstruction or capacity-building support for Sudan,
including support that would benefit a foreign person or
entity described in section 8728\(a\); and
\(2\) to work with other key donor countries to develop a
coordinated policy for lending to the Government of Sudan in
a post-conflict scenario, including firm benchmarks and
preconditions for lending.
\(b\) National Security Waiver.—The President may waive
application of subsection \(a\) if the President determines
such a waiver is in the national security interest of the
United States.
\(c\) Exception for Lifesaving Humanitarian Projects That
Directly Support Basic Human Needs.—The advocacy otherwise
required under subsection \(a\)\(1\) shall not apply to a
specific loan or extension of financial assistance that has
the sole purpose of supporting lifesaving humanitarian
projects that directly support basic human needs, including
emergency food, shelter, health, water, sanitation, and
hygiene.
SEC. 8731. SUDAN BUSINESS RISK ADVISORY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall update its Sudan Business Risk
Advisory, which was originally issued in May 2022 and updated
in May 2023, which may include—
\(1\) updates to the information regarding gold from Sudan as
a mineral from a conflict-affected area, including the role
of foreign governments in the supply chain for Sudanese gold;
\(2\) information with respect to the supply chain for
Sudanese gum arabic, its role in fueling the conflict in
Sudan, and nefarious actors involved in smuggling gum arabic
through Chad, the Central African Republic, and South Sudan;
and
\(3\) risks associated with conducting business with entities
connected to the Sudanese Armed Forces, the Rapid Support
Forces, or non-state armed groups;
SEC. 8732. UNITED STATES ENGAGEMENT AT THE UNITED NATIONS
WITH RESPECT TO SUDAN.
The United States Mission to the United Nations shall
assess—
\(1\) the need for additional coordination between the United
States, the United Nations Security Council, the European
Union, and other partner countries' sanctions regimes;
\(2\) if the mandate of the United Nations Panel of Experts
on the Sudan \(established by United Nations Security Council
Resolution 1591 \(2005\) and most recently extended by United
Nations Security Council Resolution 2791 \(2025\)\) is
sufficient to enable it to fully and accurately report to the
United Nations Security Council on issues related to war,
including with respect to violations of the United Nations
arms embargo; and
\(3\) the need to work with other United Nations Security
Council members to expand the United Nations arms embargo for
Sudan.
SEC. 8733. FOREIGN ASSISTANCE TO SUDAN.
\(a\) Prohibition.—Except as provided in subsection \(b\),
United States assistance may not be furnished to Sudan if
such assistance—
\(1\) provides financial or capacity building support
directly to Government of Sudan institutions;
\(2\) supports debt relief through the Heavily Indebted Poor
Countries Initiative to restructure, reschedule, or cancel
the sovereign debt of Sudan; or
\(3\) is security assistance.
\(b\) National Security Waiver.—The President may waive
application of subsection \(a\) if the President determines
that such a waiver is in the national security interest of
the United States.
\(c\) Annual Report.—Not later than 90 days after the date
of the enactment of this Act, and annually thereafter, the
Secretary, in consultation with the Secretary of Agriculture
and other relevant departments and agencies, shall submit a
report to the appropriate congressional committees that
details all United States foreign assistance to Sudan.
SEC. 8734. ANNUAL REPORT ON FINANCIAL ASSETS HELD BY ARMED
ACTORS IN SUDAN.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of the Treasury, in consultation with the
Secretary, shall submit a report to the appropriate
congressional committees that includes—
\(1\) a list of all countries and foreign banking
institutions that hold assets on behalf of
senior officials in the Sudanese Armed Forces, the Rapid
Support Forces, and the General Intelligence Service; and
\(2\) how foreign actors are profiting from the war in Sudan
through various business sectors.
\(b\) Form.—Each report required under subsection \(a\) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 8735. TERMINATION.
The requirements under sections 8724, 8725, 8726, 8730,
8733, and 8734 shall terminate on the date that is 30 days
after the Secretary submits to the appropriate congressional
committees a certification that—
\(1\) a credible and durable peace agreement, cessation of
hostilities, or other end to hostilities has been achieved
and verified by the Secretary; and
\(2\) the Rapid Support Forces, the Sudanese Armed Forces,
and any other body or institution of the Government of Sudan
are no longer committing atrocities.
SEC. 8736. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize the
use of military force.
SEC. 8737. SUNSET.
This subtitle shall cease to have any force or effect
beginning on the date that is 5 years after the date of the
enactment of this Act.
Subtitle D—SCAM Act/Scam Compound Accountability and Mobilization
SEC. 8741. SHORT TITLE.
This subtitle may be cited as the “Scam Compound
Accountability and Mobilization Act”.
SEC. 8742. FINDINGS.
Congress finds the following:
\(1\) Transnational cyber-enabled fraud, particularly such
fraud that is perpetrated from scam compounds in Southeast
Asia, is a growing threat to citizens of the United States,
national security, and global economic interests.
\(2\) The Federal Bureau of Investigation reported
$17,697,074,980 in losses in the United States due to cyber-
enabled fraud during 2025, including schemes commonly
perpetrated by transnational criminal organizations that are
operating scam compounds.
\(3\) Annual global losses due to cyber-enabled fraud are
estimated at between $40,000,000,000 and $65,000,000,000, but
the actual amount is likely higher since many instances are
not reported.
\(4\) Transnational criminal organizations responsible for a
large proportion of these scam compounds—
\(A\) are affiliated with the People's Republic of China;
\(B\) are actively spreading propaganda on behalf of the
People's Republic of China;
\(C\) are promoting unification with Taiwan; and
\(D\) have brokered projects for the Belt and Road
Initiative.
\(5\) Transnational criminal organizations have lured
hundreds of thousands of human trafficking victims from an
estimated 80 countries to scam compounds, which are located
primarily in Burma, Cambodia, and Laos, for purposes of
forced criminality.
\(6\) Transnational criminal organizations are expanding scam
compounds internationally, including in Africa, the Middle
East, South Asia, and the Pacific Islands.
\(7\) Money laundering, human trafficking, and fraudulent
recruitment related to such scam compounds have occurred in
Southeast Asia, Europe, North America, and South America.
SEC. 8743. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) the United States should redouble efforts to hold the
perpetrators and enablers of scam compound operations
accountable, including those involved in related money
laundering, human trafficking, and fraudulent recruitment, by
employing effective tools, such as targeted financial
sanctions, visa restrictions, asset seizures, and forfeiture;
\(2\) to enhance effective international cooperation and
responses against cyber-enabled fraud originating from scam
compounds internationally, the United States Government
should work with partner governments, multilateral
institutions, civil society experts, and private sector
stakeholders to improve information sharing, strengthen
preventative measures, raise public awareness, and increase
coordination on law enforcement investigations and regulatory
actions; and
\(3\) victims and survivors of human trafficking, including
for the purpose of forced criminality, require victim-
centered and trauma-informed protection and support to ensure
they are not inappropriately prosecuted, penalized, or
otherwise punished solely for unlawful acts committed as a
direct result of being trafficked, consistent with section
102\(b\)\(19\) of the Trafficking Victims Protection Act of 2000
\(22 U.S.C. 7101\(b\)\(19\)\).
SEC. 8744. STATEMENT OF POLICY.
It shall be the policy of the United States—
\(1\) to comprehensively combat the transnational criminal
organizations operating scam compounds and exploiting
workers, including through human trafficking such as forced
criminality, to perpetrate large-scale online scams against
the people of the United States; and
\(2\) to bolster international law enforcement cooperation
with nations in Southeast Asia and in other regions where
scam compounds and associated financial and operational
infrastructures are located to combat transnational crime,
including scam compounds, human trafficking, narcotics
trafficking, and money laundering.
SEC. 8745. DEFINITIONS.
\(a\) In General.—In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on the Judiciary of the Senate;
\(C\) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
\(D\) the Select Committee on Intelligence of the Senate;
\(E\) the Committee on Foreign Affairs of the House of
Representatives;
\(F\) the Committee on the Judiciary of the House of
Representatives;
\(G\) the Committee on Financial Services of the House of
Representatives; and
\(H\) the Permanent Select Committee on Intelligence of the
House of Representatives.
\(2\) Cyber-enabled fraud.—The term “cyber-enabled fraud”
means the use of the internet or other technology to commit
fraudulent activity, including illicitly obtaining money,
property, data, identification documents, or authentication
features, or creating counterfeit goods or services.
\(3\) Enabling country.—The term “enabling country” means
a country where—
\(A\) government authorities actively or implicitly permit,
enable, or perpetuate scam compound operations; or
\(B\) ineffective law enforcement or a failure to enact
legislation intended to prevent facilitating services from
reaching scam compounds or transnational criminal
organizations enables scam compound operators to obtain
facilitating services.
\(4\) Forced criminality.—The term “forced criminality”
means a form of forced labor for the purpose of causing the
victim to engage in criminal activity, which may include
cyber-enabled fraud.
\(5\) Forced labor.—The term “forced labor” has the
meaning given the term severe forms of trafficking in persons
in section 103\(11\)\(B\) of the Sanctioning Harborers And
Dodgers Of Western Sanctions Act of 2026 \(22 U.S.C.
7102\(11\)\(B\)\).
\(6\) Relevant foreign assistance programs.—The term
“relevant foreign assistance programs”—
\(A\) means foreign assistance programs funded by the United
States Government to provide assistance for one or more
foreign countries for the purpose of combating scam compound
operations and related transnational criminal organizations
as well as combatting associated human trafficking; and
\(B\) excludes intelligence activities, including activities
authorized by the President and reported to Congress in
accordance with section 503 of the Sanctioning Harborers And
Dodgers Of Western Sanctions Act of 2026 \(50 U.S.C. 3093\).
\(7\) Human trafficking.—The term “human trafficking” has
the meaning given the term severe forms of trafficking in
persons in section 103\(11\) of the Sanctioning Harborers And
Dodgers Of Western Sanctions Act of 2026 \(22 U.S.C.
7102\(11\)\).
\(8\) Human trafficking victim.—The terms “human
trafficking victim” and “victim of human trafficking” mean
a person subject to an act or practice described in section
103\(11\) of the Sanctioning Harborers And Dodgers Of Western
Sanctions Act of 2026 \(22 U.S.C. 7102\(11\)\).
\(9\) Impacted country.—The term “impacted country” means
a country that is a significant—
\(A\) transit location for victims of human trafficking to
scam compounds;
\(B\) source location for victims of human trafficking for
scam compounds; or
\(C\) target of cyber-enabled fraud originating from scam
compounds.
\(10\) Scam compound.—The term “scam compound” means a
physical installation where a transnational criminal
organization carries out cyber-enabled fraud operations,
using victims who may be exploited through human trafficking,
including forced criminality.
\(11\) Transnational criminal organization.—The term
“transnational criminal organization” means a group of
persons that—
\(A\) includes one or more foreign person;
\(B\) engages in or facilitates an ongoing pattern of serious
criminal activity involving the jurisdictions of at least two
foreign states or one foreign state and the United States;
and
\(C\) threatens the national security, foreign policy, or
economy of the United States.
\(12\) Strategy.—The term “Strategy” means the strategy to
counter scam compounds and hold transnational criminal
organizations and human traffickers accountable described in
section 8746.
\(b\) Rule of Construction.—The definitions under this
section are exclusive to this subtitle and may not be
construed to affect any other provision of United States law.
SEC. 8746. STRATEGY TO COUNTER SCAM COMPOUNDS AND HOLD
TRANSNATIONAL CRIMINAL ORGANIZATIONS AND HUMAN
TRAFFICKERS ACCOUNTABLE.
\(a\) In General.—Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Attorney General, the Secretary of the Treasury, and the
heads of other Federal departments and agencies as
appropriate, shall submit to the
appropriate congressional committees a comprehensive
strategy, with a classified annex if necessary, that—
\(1\) is designed—
\(A\) to shut down scam compounds and prevent their further
proliferation;
\(B\) to disrupt and dismantle—
\(i\) transnational criminal organizations and human
traffickers involved in exploiting workers in and
fraudulently recruiting workers to scam compounds; and
\(ii\) the financial, operational, and technological
infrastructure that enables such criminal enterprises to
execute their scams and crimes; and
\(C\) to hold accountable corrupt officials and non-state
actors enabling scam compounds;
\(2\) is global in scope and fosters cooperation among
officials from affected regions; and
\(3\) may prioritize efforts focused on countries where scam
compound operations are most prevalent, including Southeast
Asia.
\(b\) Objectives.—The Strategy shall provide for and
incorporate the following objectives:
\(1\) Reducing the ability of transnational criminal
organizations to operate scam compounds in Southeast Asia and
wherever else they may propagate.
\(2\) Building the capacity, of efforts related to digital
forensics, anti-money laundering, anti-corruption, and border
patrol, of trusted foreign law enforcement partners to
degrade, disrupt, and shut down scam compounds and prevent
their proliferation.
\(3\) Supporting victims of human trafficking, including
those exploited in forced criminality under the direction of
the Ambassador-at-Large to Monitor and Combat Trafficking in
Persons.
\(4\) Preventing fraudulent recruitment and human trafficking
in scam compounds, including by—
\(A\) engaging private sector entities operating internet
platforms or other services that could be abused or exploited
to perpetrate fraudulent recruitment, human trafficking or
cyber-enabled fraud;
\(B\) raising awareness among at-risk populations to identify
common fraudulent recruitment strategies and improve due
diligence and self-protection measures;
\(C\) urging governments to monitor and enforce laws against
fraudulent and unlawful recruitment practices; and
\(D\) sharing information and building capacity among foreign
counterparts, including law enforcement border and port
officials, and other anti-trafficking authorities, as well as
civil society organizations to identify and protect potential
human trafficking victims.
\(5\) Advocating for the thorough review of countries
implicated in scam compound operations at the Financial
Action Task Force \(FATF\) or FATF-style regional bodies.
\(6\) Examining existing authorities and procedures of the
United States Government for assisting defrauded United
States persons in recovering and returning their stolen
assets.
\(7\) Using sanctions, visa restrictions, and other
accountability and behavior change measures, in coordination
with allies and partners to the greatest extent possible,
against enabling countries, transnational criminal
organizations, human traffickers, and related third-party
facilitators of scam compound operations.
\(8\) Investigating and highlighting the People's Republic of
China's involvement in the origin and perpetuation of scam
compounds, including through links between Chinese Communist
Party officials and criminal organizations, deepening
regional security influence, and selective crackdowns that
incentivize the targeting of Americans.
\(9\) Investigating the Burmese military's involvement in
allowing, ignoring, and profiting from scam compounds in
Burma, and the importance of resolving the instability and
violence in Burma to stop the unfettered operation of scam
compounds in Burma.
\(10\) Harnessing offensive cyber capabilities to degrade
scam compound operations.
\(11\) Integrating data collection, analysis, and response
mechanisms across Federal, State, and local agencies,
including by assessing if any existing relevant Fusion
Centers could be leveraged to combat the operations of scam
compounds.
\(12\) Convening like-minded foreign allies and partners to
combat scam compounds, including by establishing similar task
forces or working groups, compiling and sharing data, and
collaborating regarding the indictment of key actors and
enablers.
\(c\) Contents.—The Strategy shall—
\(1\) include a comprehensive problem statement identifying
the structural vulnerabilities exploited by transnational
criminal organizations operating scam compounds;
\(2\) develop a comprehensive list of enabling countries and
impacted countries;
\(3\) identify all active executive branch relevant foreign
assistance programs and as well as diplomatic efforts
underway to address scam compounds, transnational criminal
organizations connected to scam compounds, and related money
laundering, and human trafficking including forced
criminality, including efforts with enabling countries and
impacted countries;
\(4\) identify relevant foreign assistance resources needed
to fully implement the Strategy and any obstacles to the
response of the Federal Government to scam compounds,
including coordination with partner governments, to address
the human trafficking, including forced criminality, and
money laundering that facilitates and sustains scam compound
operations; and
\(5\) include indicators that measure the success of the
Strategy, including achieving the objectives described in
subsection \(b\), which may include the number of persons
sanctioned, the number of arrest warrants or indictments
issued, the number of arrests made, the amount of United
States losses mitigated, the number of victims of trafficking
in persons identified and protected, and the reduction in the
number of active scam compounds, in comparison to the
previous year.
\(d\) Limitation.—Nothing in the Strategy may affect, apply
to, or create obligations related to past, present, or future
criminal or civil law enforcement or intelligence activities
of the United States or the law enforcement activities of any
State or subdivision of a State.
SEC. 8747. ESTABLISHING A TASK FORCE TO IMPLEMENT THE
STRATEGY.
\(a\) In General.—Not later than 90 days after submitting
the Strategy pursuant to section 8746\(a\), the Secretary, in
consultation with the Attorney General, the Secretary of the
Treasury, and the heads of other Federal departments and
agencies, shall establish or designate an interagency task
force \(referred to in this section as the “Task Force”\)—
\(1\) to coordinate the implementation of the Strategy;
\(2\) to conduct regular monitoring and analysis of scam
compound operations internationally; and
\(3\) to track and evaluate progress toward the objectives,
activities, and performance indicators of the Strategy.
\(b\) Information Sharing.—To ensure proper coordination and
effective interagency action, each Federal department or
agency represented on the Task Force shall fully share—
\(1\) all relevant data with the Task Force; and
\(2\) all information regarding the department's or agency's
plans, before and after final agency decisions are made, on
all matters relating to actions regarding combating scam
compounds.
\(c\) Consultation.—The Task Force, or representatives of
the Task Force, should—
\(1\) consult with State and local law enforcement entities
and stakeholder organizations in the United States that have
firsthand expertise in reporting and combating cyber-enabled
fraud and recovering stolen assets;
\(2\) consult regularly with nongovernmental organizations in
the United States with expertise in countering trafficking in
persons or anti-corruption, as appropriate;
\(3\) develop partnerships with relevant private sector
actors for the purpose of better disrupting the enabling
infrastructure of scam compounds, operations, and syndicates;
and
\(4\) engage civil society organizations to better understand
the complexity of the scam compound problem in each country
and the broader economic, political, and governance
challenges that are exacerbating the problem.
\(d\) Congressional Consultation.—The Task Force shall
consult regularly with the appropriate congressional
committees on its efforts to implement the Strategy,
including potential updates to the strategy.
\(e\) Annual Reviews and Reports.—Not later than 1 year
after the establishment of the Task Force, and not less
frequently than annually thereafter, the Task Force shall—
\(1\) conduct a status review of the Strategy and the overall
state of scam compounds operated by transnational criminal
organizations that includes—
\(A\) a list of enabling countries and impacted countries;
\(B\) an estimate of the amount of money that has been stolen
from United States nationals through scams emanating from
scam compounds;
\(C\) an estimate of the amount of the stolen money described
in subparagraph \(B\) that was intercepted, seized, or returned
as a result of United States Government action;
\(D\) an analysis of the role that human trafficking plays in
scam compounds around the world;
\(E\) a list of known scam compounds operating across
Southeast Asia; and
\(F\) a description of if, where, and how scam compounds and
operations have proliferated outside of Southeast Asia across
other regions of the world; and
\(2\) submit the results of such review in a public report to
the appropriate congressional committees, which may contain a
classified annex.
\(f\) Task Force Termination.—The Task Force shall terminate
on the date that is 6 years after the date on which the Task
Force is established.
SEC. 8748. STRENGTHENING TOOLS TO DISMANTLE SCAM COMPOUNDS
AND HOLD TRANSNATIONAL CRIMINAL ORGANIZATIONS
ACCOUNTABLE.
\(a\) Imposition of Sanctions With Respect to Actors in Scam
Compound Operations.—Beginning on the date that is 180 days
after the date of the enactment of this Act, the President
may impose the sanctions described in subsection \(b\) with
respect to any foreign person the President determines—
\(1\) has materially assisted in, or provided financial or
technological support to, or provided significant goods or
services in support of, the activities of international scam
compounds or enabling services, including but
not limited to fraudulent recruitment, human trafficking
\(including forced criminality\), cyber-enabled fraud, or
money-laundering; or
\(2\) owned, controlled, directed, or acted for, or on behalf
of, a significant scam compound operation or enabling
service, including but not limited to fraudulent recruitment,
human trafficking \(including forced criminality\), cyber-
enabled fraud, or money-laundering.
\(b\) Sanctions Described.—
\(1\) Asset blocking.—The President may exercise all powers
granted to the President under the International Emergency
Economic Powers Act \(50 U.S.C. 1701 et seq.\) to the extent
necessary to block and prohibit all transactions in all
property and interests in property of a foreign person
described in subsection \(a\), including, to the extent
appropriate, the vessel of which the person is the beneficial
owner, if such property or interests in property are in the
United States, come within the United States, or are or come
within the possession or control of a United States person.
\(2\) Visas, admission, or parole.—
\(A\) In general.—An alien described in subsection \(a\) is—
\(i\) inadmissible to the United States;
\(ii\) ineligible for a visa or other documentation to enter
the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—An alien described in subsection \(a\) is
subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\) shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the alien's
possession.
\(c\) Exceptions.—
\(1\) Exception to comply with international obligations.—
Sanctions described in subsection \(b\)\(2\) shall not apply with
respect to the admission of an alien if admitting or paroling
such alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
\(2\) Exceptions for human trafficking victims.—Sanctions
described in subsection \(b\) shall not apply with respect to a
person determined by the President to be a victim of
trafficking in persons within a scam compound, consistent
with section 102\(b\)\(19\) of the Trafficking Victims Protection
Act of 2000 \(22 U.S.C. 7101\(b\)\(19\)\).
\(d\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—The penalties set forth in subsections \(b\)
and \(c\) of section 206 of the International Emergency
Economic Powers Act \(50 U.S.C. 1705\) shall apply to any
person who violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206\(a\) of such Act \(50 U.S.C. 1705\(a\)\).
\(e\) Intelligence and Law Enforcement Activities.—Sanctions
authorized under this section shall not apply with respect
to—
\(1\) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 \(50 U.S.C.
3091 et seq.\); or
\(2\) any authorized intelligence or law enforcement
activities of the United States.
\(f\) Semiannual Report.—Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter for 7 years, the President shall submit a report
to the appropriate congressional committees that identifies—
\(1\) all foreign persons the President has sanctioned
pursuant to this section; and
\(2\) the dates on which such sanctions were imposed.
\(g\) Form.—The report required under subsection \(f\) shall
be submitted in an unclassified form, but may include a
classified annex.
\(h\) Exception Relating to Importation of Goods.—
\(1\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property
pursuant to subsection \(b\) shall not include the authority or
a requirement to impose sanctions on the importation of
goods.
\(2\) Defined term.—In this subsection, the term “good”
means any article, natural or manmade substance, material,
supply, or manufactured product, including inspection and
test equipment, and excluding technical data.
\(i\) Waiver.—
\(1\) In general.—The President may waive the application of
sanctions under this section with respect to a foreign person
or a foreign financial institution if the President
determines that such waiver is in the national interest of
the United States.
\(2\) Report.—Not later than 15 days before granting a
waiver pursuant to paragraph \(1\), the President shall submit
a report to the appropriate congressional committees that
includes—
\(A\) the name of the individual or institution that is
benefitting from such waiver; and
\(B\) if the beneficiary is an individual, a detailed
justification explaining how the waiver serves the national
security interests of the United States.
\(3\) Form.—The report required under paragraph \(2\) shall be
submitted in an unclassified form, but may include a
classified annex.
SEC. 8749. REDRESS TO VICTIMS OF INTERNATIONAL SCAM COMPOUND
OPERATIONS.
\(a\) Report.—Not later than 90 days after the date of the
enactment of this Act, the Attorney General, in consultation
with the Secretary, the Secretary of the Treasury, and the
heads of other appropriate Federal departments and agencies,
shall submit to the appropriate congressional committees a
report containing an assessment of existing forfeiture law
that—
\(1\) outlines challenges or limitations to providing
financial redress to victims of international scam compound
operations;
\(2\) offers recommendations to amend existing forfeiture law
to enable the Department of Justice to use assets forfeited
as a result of law enforcement activities targeting
international scam compound operations to provide financial
redress to United States citizen victims of scam operations;
and
\(3\) offers recommendations for the administration of such a
redress mechanism.
\(b\) Form.—The report required under subsection \(a\) shall
be submitted in an unclassified form.
SEC. 8750. SATELLITE IMAGERY ACCESS TO MONITOR HUMAN RIGHTS
ABUSES RELATED TO SCAM COMPOUNDS TO DISCOVER
THE PRESENCE OF HUMAN TRAFFICKING.
\(a\) Access to Satellite Imagery.—The Secretary is
authorized to provide nongovernmental organizations,
nonprofit organizations, and intergovernmental entities
access to current and archival high-resolution satellite
imagery to help advance efforts to combat scam compounds,
forced criminality, and human trafficking, including
monitoring and documenting observable activities at scam
compounds in Southeast Asia, which may be associated with
human trafficking, including forced labor or forced
criminality.
\(b\) Report.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes—
\(1\) any terms and conditions applicable with respect to the
access authorized under subsection \(a\); and
\(2\) a list of each organization or entity that has been
provided access pursuant to subsection \(a\).
\(c\) Form.—The report required under subsection \(b\) shall
be submitted in an unclassified form, but may include a
classified annex.
SEC. 8751. SUNSET.
This subtitle shall cease to be effective beginning on the
date that is 7 years after the date of the enactment of this
Act.
Subtitle E—Strategic Subsea Cables
SEC. 8761. SHORT TITLE.
This subtitle may be cited as the “Strategic Subsea Cables
Act of 2026”.
SEC. 8762. DEFINITIONS.
In this subtitle:
\(1\) Agency.—The term “agency” has the meaning given the
term in section 3502 of title 44, United States Code.
\(2\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
\(3\) Appropriate federal agencies.—The term “appropriate
Federal agencies” means the following:
\(A\) The Department of Commerce.
\(B\) The Department of Defense.
\(C\) The Office of the Director of National Intelligence.
\(D\) The Department of State.
\(E\) The Federal Communications Commission.
\(F\) The Department of the Treasury.
\(G\) The Department of Justice.
\(H\) Any additional Federal agencies, as determined by the
President.
\(4\) Critical undersea infrastructure.—The term “critical
undersea infrastructure” refers to both subsea
communications infrastructure and subsea energy
infrastructure.
\(5\) Interagency committee.—The term “interagency
committee” means the entity established under section
8765\(b\).
\(6\) Non-federal entity.—The term “non-Federal entity”
means any nongovernmental entity that is an individual,
organization, or business involved in the operation,
maintenance, repair, or construction of critical undersea
infrastructure, including critical undersea infrastructure
owners.
\(7\) Sabotage.—The term “sabotage” means actions, or
preparations for future actions, taken with the intent to
cause defective production, operation, or damage to
critical undersea infrastructure, including the
confidentiality, availability, and integrity of data
transmitted via subsea communications infrastructure.
\(8\) Subsea energy infrastructure.—The term “subsea energy
infrastructure” means a subsea cable, pipeline, or other
equipment installed on, beneath, or within the seabed,
including—
\(A\) to transmit electricity, including via subsea
electricity cables, subsea electricity transformers, or
equipment related to the support of offshore energy
production installations;
\(B\) to transport natural gas, oil, or hydrogen between
land-based or off-shore infrastructure; and
\(C\) associated landing stations and facilities.
\(9\) Subsea communications infrastructure.—The term
“subsea communications infrastructure” has the same meaning
as “submarine cable system”, as defined in section
1.70001\(h\) of title 47, Code of Federal Regulations, and any
subsequent update to such meaning.
CHAPTER 1—INTERNATIONAL COORDINATION AND ENGAGEMENT ON CRITICAL
UNDERSEA INFRASTRUCTURE
SEC. 8763. FINDINGS.
Congress makes the following findings:
\(1\) Sabotage of critical undersea infrastructure poses a
growing threat to United States and allied security and
economic prosperity.
\(2\) In recent years, numerous critical undersea
infrastructure sites were destroyed or damaged, including—
\(A\) in January 2022, the reported damage to subsea
communications infrastructure connecting the Norwegian
mainland with the Norwegian archipelago of Svalbard, home of
SvalSAT, the largest commercial satellite ground station on
Earth;
\(B\) in September 2022, the reported damage to 3 of the 4
trunklines of the Nord Stream 1 and Nord Stream 2 natural gas
pipelines, at sites northeast and southeast of the Danish
island of Bornholm in the Western Baltic Sea;
\(C\) in February 2023, the reported damage to subsea
communications infrastructure connecting the main island of
Taiwan to the Matsu Islands in the Taiwan Strait;
\(D\) in October 2023, the reported damage to the Finland-to-
Estonia Balticconnector natural gas pipeline spanning the
Gulf of Finland, in addition to the reported damage to subsea
communications cables connecting Estonia and Sweden and
Finland and Estonia;
\(E\) in November 2024, the reported damage to the Finland-
to-Germany C-Lion1 subsea communications cables and the
Lithuania-to-Sweden BCS subsea communications cable in the
central Baltic Sea;
\(F\) in December 2024, the reported damage to the Finland-
to-Estonia EstLink2 subsea electricity interconnection cable
and nearby subsea communications cables in the Gulf of
Finland;
\(G\) in January 2025, the reported damage to the Trans-
Pacific Express subsea communications cable connecting Taiwan
to the United States, the Republic of Korea, and Japan;
\(H\) in February 2025, the reported damage to a subsea
communications cable connecting the main island of Taiwan
with the Penghu Islands in the Taiwan Strait;
\(I\) in January 2026, the reported damage to subsea
communications cables from Latvia in the Central Baltic Sea
linking Liepaja and Sventoji; and
\(J\) in January 2026, the reported damage to the Elisa cable
connecting Finland and Estonia involving a vessel named the
Fitburg.
\(3\) In February 2024, NATO Defense Ministers established
the Critical Undersea Infrastructure Network to coordinate
information and threat intelligence sharing among private and
public sector actors to protect critical undersea
infrastructure.
\(4\) In January 2025, following critical undersea
infrastructure sabotage in the Baltic Sea in December 2024,
the North Atlantic Treaty Organization \(NATO\) launched Baltic
Sentry to strengthen the protection of critical undersea
infrastructure.
\(5\) On February 21, 2025, the European Union published an
EU Action Plan on Cable Security to include the development
and deployment of an Integrated Surveillance Mechanism for
Submarine cables work to establish a dedicated regional hub
in the Baltic Sea to serve as a test bed of the integrated
surveillance approach.
\(6\) The Association of Southeast Asian States \(ASEAN\)
published guidelines for Strengthening Resilience and Repair
of Submarine Cables and most recently announced plans to
“build a secure, diverse and resilient submarine cable
network” and “to facilitate the expeditious deployment,
repair, maintenance, removal, and protection of submarine
cables, between ASEAN Member States”.
\(7\) On July 1, 2025, the Quad, represented by the United
States, India, Japan, and Australia, met to reaffirm its
commitment to the Quad Partnership on Cable Connectivity and
Resilience. In the meeting, the Quad underscored the need for
digital infrastructure collaboration, organizing a subsea
cables forum to be hosted by the United States and India and
encouraging regulatory harmonization between Quad partners.
Through this initiative, the Quad seeks to defend and promote
resilient, secure, and transparent digital infrastructure
across the Indo-Pacific region.
SEC. 8763A. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) critical undersea infrastructure represents vital
strategic and economic links between the United States and
its partners and allies;
\(2\) according to NATO, “undersea cables carry an estimated
$10 trillion in transfers every day; two-thirds of the
world's oil and gas is either extracted at sea or transported
by sea; and around 95 percent of global data flows are
transmitted via undersea cables”;
\(3\) since Russia's full-scale invasion of Ukraine in 2022,
there has been a marked increase in high-profile suspected
sabotage incidents resulting in damage to critical undersea
infrastructure, especially across Northern Europe and East
Asia;
\(4\) the United States Government has an important role to
play in advancing United States interests in international
bodies that oversee the protection of critical undersea
infrastructure, including promoting network resilience and
redundancy, and advancing regulations in support of these
goals;
\(5\) the United States Government should play a more active
role in NATO initiatives such as the NATO Maritime Centre for
the Security of Critical Undersea Infrastructure, the
Critical Undersea Infrastructure Coordination Cell, the
Critical Undersea Infrastructure Network, and the NATO-EU
Task Force on the Resilience of Critical Infrastructure,
allied maritime security efforts such as the Joint
Expeditionary Force, Indo-Pacific initiatives, including the
Quad Partnership for Cable Connectivity and Resilience, and
international organizations such as the International Cable
Protection Committee \(ICPC\), in order to advance United
States national security and economic interests;
\(6\) the United States should lead efforts to promote the
deployment of resilient critical undersea infrastructure
networks, enhance situational awareness, strengthen
preparedness, and formalize collective responses among allies
and partners through enhanced information sharing and
coordination; and
\(7\) while critical undersea infrastructure owners and other
associated private sector stakeholders carry significant
responsibility in safeguarding this infrastructure, the
United States Government and allied foreign governments need
to play a greater role.
SEC. 8763B. ENHANCING UNITED STATES GOVERNMENT ENGAGEMENT
WITH RELEVANT INTERNATIONAL BODIES TO SAFEGUARD
UNITED STATES INTERESTS.
\(a\) In General.—The Secretary, in coordination with the
interagency committee, as appropriate, shall seek to increase
United States Government engagement with relevant
international bodies to advance United States national
security and economic interests as it relates to critical
undersea infrastructure.
\(b\) Report.—Not later than one year after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Secretary shall submit a report to the appropriate
congressional committees that includes the following:
\(1\) A description of how increased United States Government
engagement with relevant international bodies, including in
coordination with the United States domestic subsea cable
industry, could support United States national security
objectives as it relates to the protection of critical
undersea infrastructure.
\(2\) A description of key objectives for promoting and
protecting United States national security interests within
relevant international bodies.
\(3\) A description of how the People's Republic of China
entities leverage their engagement with relevant
international bodies to further their strategic interests.
\(4\) A description of how encouraging other countries and
regional bodies to engage with relevant international bodies
can better ensure coordinated, consistent global subsea
communications infrastructure policies.
\(5\) A description of international bodies relevant for
critical undersea infrastructure where the United States
should increase its diplomatic engagement.
SEC. 8763C. IMPOSITION OF SANCTIONS WITH RESPECT TO CRITICAL
UNDERSEA INFRASTRUCTURE SABOTAGE.
\(a\) In General.—The President, in coordination with the
Secretary and the Secretary of the Treasury, shall impose the
sanctions described in subsection \(c\) with respect to any
foreign person that the President determines, on or after the
date of the enactment of this Act, is responsible for acts of
sabotage or facilitates acts of sabotage against critical
undersea infrastructure, including—
\(1\) any foreign vessel or entity the owner or operator of
which knowingly—
\(A\) commits acts of sabotage; or
\(B\) conducts preparatory surveillance, logistical support,
security, or other services that facilitate or enable an act
of sabotage; and
\(2\) any foreign person that the President determines
knowingly—
\(A\) owns, operates, or manages the vessel or entity
described in paragraph \(1\);
\(B\) provides underwriting services or insurance or
reinsurance necessary for such a vessel or entity;
\(C\) facilitates deceptive or structured transactions to
support a vessel or entity described in paragraph \(1\);
\(D\) provides port or logistics services or facilities for
technology upgrades or installation of equipment for, or
retrofitting or tethering of, a vessel described in paragraph
\(1\) for the purpose of evading sanctions;
\(E\) provides documentation, registration, or flagging
services for a vessel described in paragraph \(1\) for the
purpose of evading sanctions; or
\(F\) serves as a captain, principal officer, or senior
leadership of such a vessel or entity.
\(b\) Sanctions Described.—The sanctions described in this
subsection are the following:
\(1\) Blocking of property.—The President may exercise all
of the powers granted by the International Emergency Economic
Powers Act \(50 U.S.C. 1701 et seq.\) to the extent necessary
to block and prohibit all transactions in all property and
interests in property of a foreign person described in
subsection \(a\), if such property and interests in property
are in the United States, come within the United States, or
are or come within the possession or control of a United
States person.
\(2\) Ineligibility for visas, admission, or parole.—
\(A\) Visas, admission, or parole.—An alien described in
subsection \(a\) shall be—
\(i\) inadmissible to the United States;
\(ii\) ineligible to receive a visa or other documentation to
enter the United States; and
\(iii\) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act \(8 U.S.C. 1101 et seq.\).
\(B\) Current visas revoked.—
\(i\) In general.—The visa or other entry documentation of
an alien described in subsection \(a\) shall be revoked,
regardless of when such visa or other entry documentation is
or was issued.
\(ii\) Immediate effect.—A revocation under clause \(i\)
shall—
\(I\) take effect immediately; and
\(II\) automatically cancel any other valid visa or entry
documentation that is in the possession of the alien.
\(c\) Implementation; Penalties.—
\(1\) Implementation.—The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act \(50 U.S.C. 1702
and 1704\) to carry out this section.
\(2\) Penalties.—The penalties provided for in subsections
\(b\) and \(c\) of section 206 of the International Emergency
Economic Powers Act \(50 U.S.C. 1705\) shall apply to any
person that violates, attempts to violate, conspires to
violate, or causes a violation of any prohibition of this
section, or an order or regulation prescribed under this
section, to the same extent that such penalties apply to a
person that commits an unlawful act described in section
206\(a\) of such Act \(50 U.S.C. 1705\(a\)\).
\(d\) Exceptions.—
\(1\) Exception to comply with united nations headquarters
agreement and law enforcement activities.—Sanctions under
this section shall not apply with respect to the admission or
parole of an alien to the United States if admitting or
paroling the alien is necessary—
\(A\) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations of the
United States; or
\(B\) to carry out or assist authorized law enforcement
activity in the United States.
\(2\) Exception to comply with intelligence activities.—
Sanctions under this section shall not apply to any activity
subject to the reporting requirements under title V of the
National Security Act of 1947 \(50 U.S.C. 3091 et seq.\) or any
authorized intelligence activities of the United States.
\(3\) Exception relating to importation of goods.—
\(A\) In general.—A requirement to block and prohibit all
transactions in all property and interests in property under
this section shall not include the authority or requirement
to impose sanctions on the importation of goods.
\(B\) Good defined.—In this paragraph, the term “good”
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
\(4\) Exception for humanitarian assistance.—Sanctions under
this section shall not apply to—
\(A\) the conduct or facilitation of a transaction for the
provision of agricultural commodities, food, medicine,
medical devices, or humanitarian assistance, or for
humanitarian purposes; or
\(B\) transactions that are necessary for or related to the
activities described in subparagraph \(A\).
\(5\) Exception for safety of vessels and crew.—Sanctions
under this section shall not apply with respect to a person
providing provisions to a vessel otherwise subject to
sanctions under this section if such provisions are intended
for the safety and care of the crew aboard the vessel, the
protection of human life aboard the vessel, or the
maintenance of the vessel to avoid any environmental or other
significant damage.
\(e\) Definitions.—In this section:
\(1\) Admission; admitted; alien.—The terms “admission”,
“admitted”, and “alien” have the meanings given those
terms in section 101 of the Immigration and Nationality Act
\(8 U.S.C. 1101\).
\(2\) Agricultural commodity.—The term “agricultural
commodity” has the meaning given that term in section 102 of
the Agricultural Trade Act of 1978 \(7 U.S.C. 5602\).
\(3\) Foreign person.—The term “foreign person” means an
individual or entity that is not a United States person.
\(4\) Medicine.—The term “medicine” has the meaning given
the term “drug” in section 201 of the Federal Food, Drug,
and Cosmetic Act \(21 U.S.C. 321\).
\(5\) Medical device.—The term “medical device” has the
meaning given the term “device” in section 201 of the
Federal Food, Drug, and Cosmetic Act \(21 U.S.C. 321\).
\(6\) United states person.—The term “United States
person” means—
\(A\) any United States citizen or an alien lawfully admitted
for permanent residence to the United States;
\(B\) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including
any foreign branch of such an entity; or
\(C\) any person in the United States.
\(f\) National Security Interests Waiver.—The President may
waive the application of sanctions under this section if,
before issuing the waiver, the President submits to the
appropriate congressional committees—
\(1\) a certification in writing that the issuance of the
waiver is in the national security interests of the United
States; and
\(2\) a report explaining the basis for the certification.
SEC. 8763D. REPORT ON ACTIVITIES BY THE PEOPLE'S REPUBLIC OF
CHINA AND THE RUSSIAN FEDERATION.
\(a\) Report.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Office of the Director of National Intelligence \(ODNI\),
in coordination with the Secretary, the Secretary of Defense,
and the heads of other relevant Federal agencies, shall
submit a report to the appropriate congressional committees
that includes the following:
\(1\) A description, with respect to the applicable reporting
period, of the subsea cable manufacturing, installation, and
maintenance capabilities of the People's Republic of China
\(PRC\) and the Russian Federation.
\(2\) An analysis of the mission, capabilities, and
activities of the Main Directorate of Deep-Sea Research
\(GUGI\) of the Armed Forces of the Russian Federation,
including—
\(A\) a description of GUGI operations and capabilities in
deep water and littoral infrastructure surveillance, seabed
warfare, and sabotage, including recent activity trends and
development of new weapons systems;
\(B\) a description of GUGI's use of ostensibly civilian
research vessels to conduct critical undersea infrastructure
surveillance, seabed warfare, and potential sabotage;
\(C\) an assessment of the impact of sanctions on the ability
of GUGI to procure advanced technologies and equipment, as
well as its efforts to circumvent those sanctions; and
\(D\) a list of suspected GUGI research or scientific
vessels, including vessel names and International Maritime
Organization and Maritime Mobile Service Identity numbers,
and related equipment that are suspected of engaging in dual-
use operations and probing of critical undersea
infrastructure.
\(3\) An analysis of the missions, capabilities, and
activities of the Main Directorate of the General Staff of
the Armed Forces of the Russian Federation \(GRU\), including—
\(A\) a description of GRU operations and capabilities
related to physical, electronic, and cyber surveillance,
monitoring, and sabotage of critical undersea infrastructure
and maritime logistics;
\(B\) a description of the use of Russian civilian merchant
and fishing vessels by the GRU, including a list of fishing
and merchant vessel names and International Maritime
Organization and Maritime Mobile Service Identity Numbers
believed to be involved in surveillance or sabotage
activities; and
\(C\) an assessment of the impact of sanctions on the ability
of GUGI to procure advanced technologies and equipment, as
well as its efforts to circumvent those sanctions.
\(4\) An analysis of the missions, capabilities, and
activities of the People's Liberation Army, the PRC Coast
Guard, the China Ship Scientific Research Center, HMN
Technologies, and other PRC-based entities, including
unmarked or dual-use maritime militia or commercial vessels
related to surveillance, monitoring, and sabotage of critical
undersea infrastructure, including—
\(A\) a description of recent capability developments related
to surveilling or sabotaging critical undersea
infrastructure, including for both deep-sea and littoral
purposes; and
\(B\) a description of the PRC's use of ostensibly civilian
fishing, merchant, and research vessels for sabotage or
surveillance of critical undersea infrastructure, including
in the Indo-Pacific, Africa, Latin America, Europe, and the
Western Hemisphere.
\(5\) An assessment of cooperation between the Russian
Federation and the PRC on surveillance or sabotage of
critical undersea infrastructure, including—
\(A\) any current or planned operational coordination against
United States or allied and partner nation targets;
\(B\) any joint research, development, testing, or evaluation
of critical undersea infrastructure surveillance, sabotage,
or seabed warfare capabilities;
\(C\) any technology transfers or joint training related to
critical undersea infrastructure surveillance, sabotage, or
seabed warfare; and
\(D\) any coordination in procurement of advanced
technologies related to critical undersea infrastructure,
surveillance, sabotage, or seabed warfare, or circumvention
of sanctions against the Russian Federation.
\(6\) A list of instances during the previous calendar year
in which the United States, or allies and partners of the
United States, documented anomalous behavior from vessels,
either flagged, crewed, or operated by the PRC or Russia,
around critical undersea infrastructure, including—
\(A\) any official United States Government response to
counter the anomalous behavior; and
\(B\) any coordinated diplomatic action with allies and
partners.
\(7\) An assessment of the extent to which PRC-based entities
are involved in laying, maintaining, and repairing United
States-invested cables.
\(b\) Initial and Subsequent Reports.—The initial report
required under subsection \(a\) shall cover the period between
January 1, 2022, through the date of the enactment of this
Act. Subsequent reports required by subsection \(a\) shall
cover the previous calendar year for the reporting period.
\(c\) Classification.—The report required under subsection
\(a\) shall be submitted in unclassified form but may include a
classified annex.
SEC. 8763E. REPORT ON POTENTIAL SABOTAGE OF CRITICAL UNDERSEA
INFRASTRUCTURE.
\(a\) In General.—Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary, the
Secretary of Defense, and the heads of other relevant Federal
agencies, shall submit to the Select Committee on
Intelligence of the Senate, the Permanent Select Committee on
Intelligence of the House of Representatives, and the
appropriate congressional committees a report that includes
the assessment of the intelligence community, including
dissents from individual agencies, of the likely cause and,
if applicable, the attribution of the following instances of
reported sabotage of critical undersea infrastructure:
\(1\) In January 2022, the reported damage to the subsea
communications infrastructure connecting the Norwegian
mainland with the Norwegian archipelago of Svalbard.
\(2\) The September 2022 sabotage of three of the four
trunklines of the Nord Stream 1 and Nord Stream 2 natural gas
pipelines, at sites northeast and southeast of the Danish
island of Bornholm in the Western Baltic Sea, including—
\(A\) an assessment of the activities of Russian military
vessels, including those with undersea warfare capabilities,
at any of the Nord Stream blast sites in the months leading
up to the incident;
\(B\) a description of any Russian civilian or military
vessels intercepted or diverted from the blast sites in the
aftermath of the sabotage or vessels or underwater unmanned
vehicles that gained access to the blast sites;
\(C\) an assessment of the technical feasibility of a small
group of divers conducting the Nord Stream sabotage using the
rental boat “Andromeda” in the weather and sea conditions
present at the time;
\(D\) an assessment of whether the Russian Federation's
documented practice of recruiting or coercing Ukrainians or
other third country nationals to conduct sabotage operations
on land targets is applicable to a maritime context;
\(E\) an assessment of the fees and penalties for failure to
honor gas delivery contracts that Gazprom or other Russian
entities potentially faced due to the throttling of gas
deliveries via the Nord Stream 1 pipeline in 2021;
\(F\) an assessment of the insurance implications for Nord
Stream 1 and 2, as well as its insurers and Western
financiers, depending on the identity of the perpetrator;
\(G\) a description of the law enforcement investigations by
regional governments, the scope of their investigations, and
their outcomes;
\(H\) an assessment of whether any Russian vessels documented
in close proximity to the Nord Stream blast sites in the
months leading up to or immediately after the incident,
including those with undersea surveillance or warfare
capabilities, were present at other suspected sabotage sites
either before or after the incident in question; and
\(I\) any information on potential attribution received from
allied or partner nation communications through diplomatic or
intelligence channels.
\(3\) In February 2023, the reported damage to subsea
communications infrastructure connecting the main island of
Taiwan to the Matsu Islands in the Taiwan Strait.
\(4\) In October 2023, the reported damage to the Finland-to-
Estonia Baltic connector natural gas pipeline, in addition to
subsea communications infrastructure connecting Estonia and
Sweden and Finland and Estonia.
\(5\) In November 2024, the reported damage to the Finland-
to-Germany C-Lion1 subsea communications cable and the
Lithuania-to-Sweden BCS subsea communications cable in the
central Baltic Sea.
\(6\) In December 2024, the reported damage to the Finland-
to-Estonia EstLink2 subsea electricity interconnection cable
and nearby subsea communications cables in the Gulf of
Finland.
\(7\) In January 2025, the reported damage to the Trans-
Pacific Express subsea communications infrastructure
connecting Taiwan to the United States, the Republic of
Korea, and Japan.
\(8\) In February 2025, the reported damage to a subsea
communications cable connecting the main island of Taiwan
with the Penghu Islands in the Taiwan Strait.
\(9\) In January 2026, the reported damage to subsea
communications cables from Latvia in the Central Baltic Sea
connecting Liepaja and Sventoji.
\(10\) In January 2026, the reported damage to the Elisa
cable connecting Finland and Estonia involving a vessel
called the Fitburg.
\(b\) Form.—The report required by subsection \(a\) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 8763F. ENGAGING FOREIGN PARTNERS TO STRENGTHEN THE
SECURITY OF CRITICAL UNDERSEA INFRASTRUCTURE.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) as international critical undersea infrastructure
expands, there are increasing challenges to the proper
installation, maintenance, repair, and protection of
international subsea cables that have the potential to
undermine United States and foreign partner national security
interests;
\(2\) the United States is uniquely positioned to provide
technical, material, and other forms of support to
international partners to enhance the resilience of
international critical undersea infrastructure;
\(3\) the United States Government should enhance its
diplomatic efforts to work alongside trusted allies to help
foreign governments improve efforts to quickly and
effectively install, maintain, repair, and protect
international critical undersea infrastructure; and
\(4\) given the importance of critical undersea
infrastructure to United States and allied energy security
and prosperity, adversaries are increasingly prioritizing
capabilities designed to target United States and allied
subsea energy infrastructure.
\(b\) Commitment of Personnel and Resources.—The Secretary
shall devote sufficient personnel and resources towards—
\(1\) engaging with foreign countries, in coordination with
other relevant Federal agencies, to improve security and
reduce barriers to the installation, monitoring, maintenance,
and repair of critical undersea infrastructure; and
\(2\) working with allies and partners to improve response
times to address critical undersea infrastructure sabotage,
including, as appropriate, by improving the coordination of
cable repair vessel deployments.
\(c\) Report.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for the next 5
years, the Secretary, in coordination with other relevant
Federal agencies, shall submit to the appropriate
congressional committees a report that outlines efforts by
the United States Government in the prior calendar year to
work with international allies and partners to strengthen the
security of and reduce barriers to the monitoring,
maintenance, repair, and protection of critical undersea
infrastructure, including—
\(1\) a list of current foreign policies or laws that create
barriers to United States-led efforts to install, maintain,
repair, and protect critical undersea infrastructure; and
\(2\) progress made in the previous calendar year as a result
of United States engagement with allies and partners.
CHAPTER 2—DEPARTMENT OF STATE CRITICAL UNDERSEA INFRASTRUCTURE
EXPERTISE
SEC. 8764. EXPANDING CRITICAL UNDERSEA INFRASTRUCTURE-RELATED
EXPERTISE AT THE DEPARTMENT OF STATE.
\(a\) In General.—The Secretary shall assign not fewer than
four full-time equivalent individuals, of which not fewer
than two individuals shall be assigned to the Bureau for
Cyberspace and Digital Policy to cover subsea communications
infrastructure, in order to support the Department of State's
interagency engagement on matters related to critical
undersea infrastructure, including—
\(1\) critical undersea infrastructure protection and
resilience;
\(2\) coordination with United States allies and partners;
and
\(3\) United States engagement in international bodies that
cover critical undersea infrastructure.
\(b\) Assignment.—The Bureau for Cyberspace and Digital
Policy may not dual-hat currently employed personnel in
meeting the minimum hiring requirement outlined in subsection
\(a\).
\(c\) Notification.—Not later than 15 days after fulfilling
the hiring requirement in subsection \(a\), the Secretary shall
notify the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
\(d\) International Cooperation on Critical Undersea
Infrastructure Sabotage.—Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report on how
the United States Government plans to prioritize diplomatic
engagement within relevant international bodies to spur
increased information sharing between allied and partner
governments and relevant private sector companies regarding
threats to, and the sabotage of, critical undersea
infrastructure.
CHAPTER 3—SUBSEA COMMUNICATIONS INFRASTRUCTURE COORDINATION,
CONSTRUCTION, AND REPAIR
SEC. 8765. IMPROVING UNITED STATES GOVERNMENT COORDINATION OF
SUBSEA COMMUNICATIONS INFRASTRUCTURE.
\(a\) Findings.—Congress makes the following findings:
\(1\) According to a December 2024 United States Federal
Government white paper, “There currently exists no forum in
which the full scope of the \[subsea\] cable industry can
effectively collaborate with the U.S. government to identify
and address shared challenges.”.
\(2\) United States Federal Government responsibilities for
the protection of subsea communications infrastructure,
damage reporting, information and intelligence sharing, and
emergency response are overseen by various government actors
through a multitude of mechanisms spanning several Federal
departments and agencies.
\(3\) In order for the subsea cable industry to align with
United States economic and security interests and help
industry prepare security risk mitigation measures, the
United States Government must provide the industry a clearer
concept of operations, assessed risks to cable supply chain
and infrastructure, enhanced and standardized security
measures, defined lines of effort in cases of emergency, and
definitive cost analysis.
\(b\) Establishment.—Not later than one year after the date
of the enactment of this Act, the President shall establish
an interagency committee \(referred to in this subtitle as the
“interagency committee”\) comprised of the heads of the
appropriate Federal agencies, or their designees, to lead
United States Government efforts to—
\(1\) protect and improve the resilience of subsea
communications infrastructure;
\(2\) effectively collaborate with non-Federal entities,
including relevant members of the subsea cable industry, to
identify and address shared challenges to subsea
communications infrastructure security and resilience;
\(3\) coordinate United States Government policies to improve
subsea communications infrastructure security and resilience;
and
\(4\) address other matters related to subsea communications
infrastructure deemed appropriate and necessary by the
President.
\(c\) Coordination.—The President shall direct the
interagency committee to conduct an overview of the United
States Federal Government's operational authorities for
subsea communications infrastructure security and resilience.
The overview shall include an interagency concept of
operations for partnering with non-Federal entities,
including subsea communications infrastructure owners and
operators, to secure and repair subsea communications
infrastructure systems in a variety of crisis scenarios; and
\(d\) Analysis of Subsea Communications Infrastructure
Sabotage.—
\(1\) In general.—The President shall direct the heads of
the appropriate Federal agencies to develop strategies to
coordinate closely within the interagency process and with
subsea communications infrastructure industry stakeholders to
review sabotage and other threats to subsea communications
infrastructure, including by leveraging analysis from
industry-wide data, to—
\(A\) identify trends;
\(B\) refine attributions, particularly in cases of subsea
communications infrastructure sabotage;
\(C\) identify high-risk geographic areas for subsea
communications infrastructure construction;
\(D\) identify Federal Government functions and private
sector engagement methods to support the security of subsea
communications infrastructure; and
\(E\) inform future risk mitigation efforts to reduce damage
to subsea communications infrastructure.
\(2\) Strategy elements.—The strategies required under
paragraph \(1\) shall include—
\(A\) resourcing requirements;
\(B\) coordination with United States allies and partners and
relevant subsea communications infrastructure industry
stakeholders; and
\(C\) the necessary technical expertise to make attributions
for subsea communications infrastructure sabotage.
\(e\) Report.—Not later than 30 days after establishing the
required interagency committee under subsection \(b\), the
President shall submit to Congress a report that includes the
following elements:
\(1\) Any resources required to sufficiently staff the
interagency committee and United States Federal agencies
overseeing the objectives outlined in subsection \(b\).
\(2\) A detailed plan for how the interagency committee will
advance the objectives outlined in subsection \(b\).
SEC. 8765A. STRENGTHENING INFORMATION SHARING BETWEEN UNITED
STATES GOVERNMENT AND PRIVATE SECTOR ACTORS ON
SUBSEA COMMUNICATIONS INFRASTRUCTURE.
\(a\) Public-private Sector Information Sharing.—Consistent
with the necessary protections of classified information, the
sourcing of relevant intelligence material, and privacy and
civil liberties, all appropriate Federal agencies shall, with
the approval of the interagency committee and in direct
coordination with the Office of the Director of National
Intelligence, including, as appropriate, with intelligence
sharing partnerships with trusted allies, in support of the
installation, maintenance, repair, and protection of subsea
communications infrastructure, issue procedures to establish
and promote—
\(1\) the timely sharing of classified information regarding
subsea communications infrastructure sabotage, any
indications of potential sabotage, and other threats to
subsea communications infrastructure held by members of the
interagency committee with non-Federal entities that possess
the necessary security clearances;
\(2\) the timely sharing between the interagency committee
and non-Federal entities of information related to subsea
communications infrastructure sabotage, information relating
to indications of potential sabotage, or authorized uses
under this subtitle, in the possession of the interagency
committee that may be declassified and shared at an
unclassified level;
\(3\) the timely sharing by the interagency committee to non-
Federal entities, and the voluntary, cooperative sharing by
non-Federal entities to the interagency committee, of
unclassified, including controlled unclassified, information
regarding subsea communications infrastructure sabotage,
indications of potential sabotage, and other threats to
subsea communications infrastructure;
\(4\) the timely sharing by the interagency committee to non-
Federal entities, and the voluntary cooperative sharing by
non-Federal entities to the interagency committee, when and
if appropriate, of information relating to indications of
potential subsea communications infrastructure sabotage or
authorized uses under this title, held by the interagency
committee or non-Federal entities about subsea communications
infrastructure sabotage, in order to prevent or mitigate any
potential adverse effects from such sabotage; and
\(5\) the timely release of funds to meet cost, schedule, and
performance metrics.
\(b\) Development of Procedures.—The procedures developed in
accordance with this section shall—
\(1\) ensure the interagency committee has and maintains the
capacity to identify and inform subsea communications
infrastructure sabotage and indications of potential subsea
communications infrastructure sabotage in real time to the
appropriate Federal agencies or non-Federal entities
consistent with the protection of classified information;
\(2\) incorporate, whenever possible, existing processes,
roles, and responsibilities of members of the interagency
committee and non-Federal entities for information sharing,
including subsea communications infrastructure-specific
information sharing and analysis entities; and
\(3\) require members of the interagency committee and other
appropriate Federal agencies which are sharing subsea
communications infrastructure sabotage indicators or
defensive measures to employ any applicable security controls
to defend against unauthorized access to or acquisition of
such information.
\(c\) Submission to Congress.—The Director of National
Intelligence, in consultation with the members of the
interagency committee, shall—
\(1\) not later than 180 days after the date of the enactment
of this Act, submit to Congress the procedures required under
subsection \(b\); and
\(2\) not later than one year after submitting such
procedures, and annually thereafter for 5 years, submit to
Congress a report on the implementation and execution of
information sharing with private sector actors in the
previous year pursuant to subsection \(a\).
Subtitle F—Tech PATH/U.S. Technology Procurement and Access to Trusted
Hardware
SEC. 8771. SHORT TITLES.
This subtitle may be cited as the “United States
Technology Procurement and Access to Trusted Hardware Act of
2026”.
SEC. 8772. DEFINITIONS.
In this subtitle:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
\(B\) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives.
\(2\) Foreign country of concern.—The term “foreign country
of concern” has the meaning given the term “covered
nation” in section 4872\(f\) of title 10, United States Code.
\(3\) Foreign government partner.—The term “foreign
government partner” includes international organizations.
\(4\) International organizations.—The term “international
organizations” has the meaning given the term in section 1
of the International Organizations Immunities Act \(22 U.S.C.
288\).
\(5\) Trusted cyber and digital technologies.—The term
“trusted cyber and digital technologies” means
technologies, including equipment, services, hardware, or
software used in information and communications technology
networks, for which the Secretary, in coordination with the
Secretary of Commerce, has determined—
\(A\) the provider, supplier, or manufacturer is not owned
by, controlled by, or subject to the influence of a foreign
country of concern; and
\(B\) do not pose an unacceptable risk to the national
security of the United States or the security and safety of
United States persons.
\(6\) Pax silica initiative.—The term “Pax Silica
initiative” refers to the Department of
State-led diplomatic, economic security, and supply chain
initiative, announced on December 11, 2025, to strengthen
cooperation among the United States, allied countries,
partner countries, industry, and other relevant stakeholders
for the purpose of developing and securing trusted supply
chains and infrastructure necessary for artificial
intelligence, semiconductors, advanced manufacturing, and
other technologies determined by the Secretary to be
essential to United States national security, economic
security, and technological competitiveness.
SEC. 8773. SENSE OF CONGRESS.
It is the sense of Congress that—
\(1\) foreign government partners are increasingly turning
towards strategic competitors like the People's Republic of
China to procure cyber and digital technologies due to their
low-cost, acceptable efficacy, ease and speed of acquisition,
and support for associated training and maintenance;
\(2\) foreign government partner procurement of cyber and
digital technologies from suppliers aligned with strategic
competitors of the United States poses significant and
distinct risks, including—
\(A\) supply chain vulnerabilities created by dependence on
strategic competitors whose governments may compel access to
data, networks, or systems, undermining the cybersecurity and
strategic autonomy of the procuring government;
\(B\) the erosion of interoperability and alignment with
United States cybersecurity frameworks, standards, and best
practices, reducing the ability of foreign government
partners to operate securely alongside United States systems
and those of United States allies; and
\(C\) the adoption of digital governance practices that are
inconsistent with United States economic and national
security interests;
\(3\) United States foreign government partners consistently
signal strong demand for trusted cyber and digital
technologies from United States suppliers;
\(4\) United States initiatives such as Pax Silica should
facilitate technology procurements by building enduring
technology partnerships between foreign government partners
and United States suppliers, including by—
\(A\) assisting foreign government partners in navigating
regulatory, logistical, and technical hurdles to trusted
cyber and digital technology procurement;
\(B\) providing foreign government partners with strategic
direction from the United States Government;
\(C\) incorporating foreign government partner needs into
program development from the outset; and
\(D\) maintaining long-term engagement with foreign
government partners throughout the procurement cycle of
trusted cyber and digital technologies; and
\(5\) as the United States seeks to maintain its global
competitive edge in critical and emerging technologies,
including advanced cybersecurity, artificial intelligence,
advanced telecommunications, and robotics, it is in the
interest of the United States Government to establish
policies and procedures that streamline foreign government
partners' ability to procure trusted and reliable
technologies from the United States and United States allies
and partners.
SEC. 8774. UNITED STATES TECHNOLOGY PROCUREMENT PROGRAM.
\(a\) Establishment.—There is established in the Department
of State the United States Cyber and Digital Technology
Procurement Program \(referred to in this subtitle as the
“Program”\), which shall be administered by the Bureau for
Cyberspace and Digital Policy, and which may support Pax
Silica and other related initiatives. To the maximum extent
practicable, the Program shall seek to serve as a demand-
driven mechanism in response to cyber and digital technology
needs as determined by the participating foreign government
partner.
\(b\) Purposes.—The purposes of the Program shall include
the following:
\(1\) To streamline foreign government partner procurement of
trusted cyber and digital technologies, including commercial
off-the-shelf technologies, consistent with United States
export control laws, including cybersecurity standards
appropriate to relevant policy goals of the United States.
\(2\) To establish long-term cyber and digital technology
procurement pipelines with United States providers, including
after the termination of the Program.
\(3\) To identify the appropriate United States Government
financing mechanisms to address challenges associated with
affordability of trusted cyber and digital technologies.
\(4\) To provide a comprehensive package to foreign
government partners, with the support of and in coordination
with United States industry technical experts, as
appropriate, to navigate trusted cyber and digital technology
procurement requirements, to understand technical and system
complexity, to assess absorptive capacity, and to identify
foreign government partner-specific logistical and export
control challenges, including by—
\(A\) designing and implementing procurement, deployment, and
technical knowledge transfer that enable the participating
foreign government partner to modernize and secure systems;
\(B\) providing clear guidelines for United States and
trusted foreign supplier entry and eligibility;
\(C\) conducting assessments related to the participating
foreign government partner's workforce or technological
requirements, including any gaps in absorptive capacity,
including—
\(i\) feasibility studies to identify, design, and implement
the deployment of trusted cyber and digital technology
solutions; and
\(ii\) sustainability assessments to determine the
participating foreign government partner's ability to procure
and invest in trusted cyber and digital technologies,
including the ability to sustain such investments in the
long-term;
\(D\) providing capacity building to ensure that the
participating foreign government partner obtains the relevant
skills for requirements identification and assessment,
integration of United States procurements into existing
operating environments, research and procurement, logistics,
deployment, and configuration to ensure a long-term
arrangement with United States suppliers; and
\(E\) assisting the participating foreign government partner
in developing a long-term strategy to procure and budget for
trusted cyber and digital technology procurements, including
beyond the end of the Program's lifecycle.
\(5\) To assess the risks and tradeoffs of foreign government
partners adopting cyber and digital technologies from foreign
countries of concern and prioritize foreign government
partners for outreach efforts based on that risk assessment.
\(c\) Covered Cyber and Digital Technologies.—In
implementing the Program, the Secretary shall, in
coordination with the participating foreign government
partner and United States industry technical experts, as
appropriate, prioritize the following trusted cyber and
digital technologies, as well as any other trusted cyber and
digital technologies designated by the Secretary pursuant to
subsection \(d\):
\(1\) Software and its associated subscriptions and
licensing, including—
\(A\) operating systems;
\(B\) enterprise management software;
\(C\) cloud-based storage solutions and compute access;
\(D\) industrial control and automation software, including
Supervisory Control and Data Acquisition \(SCADA\), distributed
control systems \(DCS\), and programmable logic controller
\(PLC\) programming environments;
\(E\) digital twin, simulation, and modeling software; and
\(F\) cloud and edge orchestration platforms for robotic and
operational technology \(OT\) device management.
\(2\) Hardware, including—
\(A\) processors;
\(B\) human-machine interfaces \(HMIs\) and operator consoles;
\(C\) networking equipment, including switches, routers, and
gateways;
\(D\) industrial networking equipment;
\(E\) biotechnology equipment, including genomic sequencers
and related hardware; and
\(F\) other related technologies.
\(3\) Cybersecurity products, including—
\(A\) firewalls;
\(B\) intrusion detection and prevention systems;
\(C\) Security Information and Event Management \(SIEM\)
systems;
\(D\) threat intelligence and monitoring systems;
\(E\) endpoint detection systems;
\(F\) Security Operations Centers \(SOC\);
\(G\) secure authentication systems; and
\(H\) cybersecurity training and consulting services.
\(4\) Telecommunications equipment, including—
\(A\) subsea fiber-optic cable and associated equipment;
\(B\) cellular equipment, including open radio access network
\(ORAN\) equipment;
\(C\) satellite-enabling infrastructure; and
\(D\) broadband infrastructure, including fiber optic network
equipment.
\(5\) Equipment and related products to enable the adoption
of artificial intelligence \(AI\) solutions, including—
\(A\) compute;
\(B\) storage;
\(C\) memory;
\(D\) models, including both closed- and open-weight models;
\(E\) AI model licenses;
\(F\) edge AI capabilities, including next-generation
smartphone technology and relevant mobile operating systems;
and
\(G\) AI model applications.
\(d\) Annual Review of Covered Cyber and Digital
Technologies.—The Secretary shall conduct an annual
assessment to identify the inclusion or removal of
technologies under subsection \(c\) based on the national
security risk to the United States of a foreign country of
concern gaining significant market share of such technology
within a foreign government partner country.
\(e\) Risk Mitigation Requirements.—The Secretary shall—
\(1\) before approving a partnership under the Program—
\(A\) conduct, and submit to the appropriate congressional
committees, an initial assessment of cyber and digital
technology misuse and diversion risks, including—
\(i\) the foreign government partner's export control
enforcement capacity;
\(ii\) the foreign government partner's history of technology
transfer to foreign countries of concern, including
permitting remote access to technology; and
\(iii\) investments by foreign countries of concern in the
foreign government partner's critical sectors;
\(B\) establish monitoring and mitigation requirements
proportional to the risk assessed under paragraph \(1\);
\(C\) include end-use monitoring provisions in all Program
agreements; and
\(D\) coordinate with the intelligence community and the
Department of Defense regarding counterintelligence and
national security risks; and
\(2\) on an annual basis for the duration of a partnership
under the Program, update and submit to the appropriate
congressional committees the assessment required by paragraph
\(1\) in order to continually assess the conditions described
in clauses \(i\), \(ii\), and \(iii\) of paragraph \(1\)\(A\),
including any improvements in such conditions.
\(f\) Foreign Government Partner Contribution.—For any
partnership with a foreign government partner under the
Program, the Secretary shall, to the maximum extent
practicable, seek to ensure cost-sharing with the foreign
government partner to facilitate the foreign government
partner's long-term buy-in and sustained procurements of
trusted cyber and digital technologies.
\(g\) Additional Interagency Coordination.—In implementing
the Program, to address challenges associated with
affordability, financing, technical evaluations, procurement
requirements, and long-term capacity building, the Secretary
shall, on a case-by-case basis, coordinate, as appropriate,
with the relevant Federal agencies, including the Department
of Commerce, the United States International Development
Finance Cooperation, and the United States Trade and
Development Agency.
\(h\) Use of Funds.—Funds made available to carry out the
Program shall be used—
\(1\) to provide assistance or financing—
\(A\) to foreign government partner civilian government
agencies; or
\(B\) to law enforcement or military agencies, only if such
entities are the owners and operators of the foreign
government partner's civilian critical infrastructure; and
\(2\) to develop blended finance mechanisms, co-developed
with the participating foreign government partner, that
partners with fund managers, project developers, third-party
investors, infrastructure providers, and other private
partners to advance the objections outlined in subsection
\(b\).
\(i\) Partner Disqualification.—
\(1\) Prohibition on the use of funds.—No funds shall be
made available under this subtitle to—
\(A\) a foreign country of concern; or
\(B\) any country, entity, or person—
\(i\) upon which sanctions are imposed by the United States
Department of the Treasury; or
\(ii\) that is an entity or person on the Entity List
maintained by the Bureau of Industry and Security of the
Department of Commerce and set forth in Supplement No. 4 to
part 744 of title 14, Code of Federal Regulations.
\(2\) Vetting.—The Secretary shall vet foreign government
partners to determine whether there is credible information
that such partner—
\(A\) has committed serious human rights abuses or engaged in
corruption, as defined by section 1 of Executive Order 13818
\(50 U.S.C. 1701 note; relating to blocking the property of
persons involved in serious human rights abuse or
corruption\), or is determined to be ineligible for assistance
pursuant to section 620M of the Foreign Assistance Act of
1961 \(22 U.S.C. 2378d\); and
\(B\) uses or is likely to use technologies outlined in
subsection \(c\) and supported by this subtitle to engage in—
\(i\) violations of human rights;
\(ii\) targeted or bulk surveillance in violation of rule of
law principles or fundamental freedoms;
\(iii\) the monitoring of journalists, activists, human
rights defenders, opposition parties, or political
dissidents;
\(iv\) internet shutdowns or to limit or control elections or
protests;
\(v\) political censorship or the targeting and suppression
of political speech or political opponents;
\(vi\) denial of access to technology or services based on
race, ethnicity, gender, religion, or other discriminatory
factors; and
\(vii\) acts of transnational repression.
\(3\) Disqualification.—Any foreign government partner
determined by the Secretary to engage in the activities
described in paragraph \(2\)\(B\) shall be ineligible for support
or assistance under this subtitle.
\(j\) Regional Technology Officers.—The Secretary shall, to
the maximum extent practicable, leverage the Department of
State's Regional Technology Officer Program, pursuant to
section 9508 of the Department of State Authorization Act of
2022 \(22 U.S.C. 10305\), to assist United States overseas
missions in identifying foreign government partners to
participate in the Program.
\(k\) Foreign Commercial Officers.—As appropriate, the
Secretary shall, in coordination with the Secretary of
Commerce, seek to leverage the Foreign Commercial Officer
Program to assist United States overseas missions in
identifying foreign government partners to participate in the
Program.
\(l\) Congressional Notification Requirement.—Not later than
15 days before amounts from the Cyberspace, Digital
Connectivity, and Related Technologies \(CDT\) Fund are
obligated for purposes of carrying out this section, the
Secretary shall submit notification of such obligation to—
\(1\) the Committee on Foreign Relations in the Senate;
\(2\) the Committee on Appropriations of the Senate;
\(3\) the Committee on Foreign Affairs in the House of
Representatives; and
\(4\) the Committee on Appropriations of the House of
Representatives.
\(m\) Annual Report.—Not later than one year after the date
of the enactment of this Act and annually thereafter, the
Secretary, in coordination with the Secretary of Commerce,
shall submit to the appropriate congressional committees a
report that includes—
\(1\) a complete list of participating foreign government
partners in the Program;
\(2\) progress and results achieved in the previous calendar
year;
\(3\) the overall amount of purchases or investments each
foreign government partner has made since initial
participation in the Program;
\(4\) specific trusted cyber and digital technologies
provided to participating foreign government partners,
including—
\(A\) the name of the provider company or companies;
\(B\) the total value of the procurements;
\(C\) description of the capability; and
\(D\) how the procured capability addresses the original
request submitted by the foreign government partner, if
applicable;
\(5\) next steps for each participating foreign government
partner in their respective Program pipeline;
\(6\) any challenges for a foreign government partner's
participation in the Program, including how those challenges
are being addressed; and
\(7\) how risks related to technology transfer, if
applicable, are being mitigated.
\(n\) Authorization of Appropriations.—There is authorized
to be appropriated $500,000,000 for fiscal year 2026 through
fiscal year 2031 to the Cyberspace, Digital Connectivity, and
Related Technologies \(CDT\) Fund under section 592 of the
Foreign Assistance Act for Fiscal Year 1961 \(22 U.S.C.
2349cc-1\) for purposes of carrying out this section.
\(o\) Sunset.—The Program and its associated authorities
established under this section shall terminate on the date
that is eight years after the date of the enactment of this
Act.
SEC. 8775. OFFICE OF UNITED STATES TECHNOLOGY PROCUREMENT.
\(a\) Designation of Responsibility.—The Secretary shall
designate an existing office within the Bureau for Cyberspace
and Digital Policy of the Department of State, or newly
establish an Office of United States Technology Procurement
\(referred to in this subtitle as the “Office”\), which shall
be responsible for administering the Program.
\(b\) Personnel.—
\(1\) Composition.—The Office shall be comprised of a
Director, a Deputy Director, and such other staff as the
Secretary deems appropriate.
\(2\) Staffing.—The Office shall include personnel with
demonstrated expertise or experience in performing the
following functions:
\(A\) Grant design and management.
\(B\) Program monitoring, evaluation, and learning.
\(C\) Cyber and digital technology commercialization,
deployment, or procurement.
\(3\) Director.—The Director of the Office shall fulfill the
following responsibilities:
\(A\) Identify, on an annual basis, specific strategic
priorities for the Program consistent with United States
national security priorities and objectives.
\(B\) In coordination with the other relevant officials,
select and approve all partnerships with foreign government
partners under the Program.
\(C\) Conduct oversight, monitoring, and evaluation of the
effectiveness of the Program, including long-term outcome
assessments, to ensure the Program advances United States
foreign policy and national security interests and to ensure
monitoring, evaluation, and learning results directly inform
future grant decisions.
\(D\) Ensure, to the maximum extent practicable, that all
Program activities are carried out in coordination with other
Federal efforts to promote the United States technology stack
overseas.
\(E\) Compiling and submitting the list required by section
1284\(m\).
\(4\) Deputy director.—The Deputy Director of the Office may
have responsibility for policy and programming to assist the
Director, particularly with respect to coordination with
other United States departments and agencies.
\(c\) Authorization of Appropriations.—There is authorized
to be appropriated $2,000,000 for fiscal years 2026 through
2028 for the purposes of implementing the Office.
SEC. 8776. EXPANDING NECESSARY TECHNOLOGY AND RELATED
EXPERTISE AT UNITED STATES OVERSEAS MISSIONS.
\(a\) Sense of Congress.—It is the sense of Congress that,
for the United States Government to successfully implement
the Program, it is vital that the United States recruit and
retain the necessary talent to facilitate such partnerships.
\(b\) In General.—The Secretary shall, to the maximum extent
possible, take measures to ensure that United States overseas
missions in countries that are participating in the Program
host at least one full-time personnel with demonstrated
proficiency in matters related to cybersecurity, technology,
and other related expertise to sufficiently carry out the
Program.
SEC. 8777. EXTENDING AUTHORIZATION OF APPROPRIATIONS FOR THE
REGIONAL TECHNOLOGY OFFICER PROGRAM.
Subsection \(d\) of section 9508 of the Department of State
Authorization Act of 2022 \(22 U.S.C. 10305\) is amended by
striking “2027” and inserting “2032”.
SEC. 8778. PRESERVING MARKET-BASED COMPETITION FOR CYBER AND
DIGITAL TECHNOLOGIES.
\(a\) Statement of Policy.—It is the policy of the United
States to support market-based mechanisms for the export and
adoption of United States cyber and digital technologies
abroad, and to oppose state-directed or state-controlled
economic models that risk to displace or crowd out private-
sector competition in cyber and digital technology markets.
\(b\) In General.—Nothing in this subtitle shall be
construed to permit the Secretary, in coordination with other
relevant Federal agencies, in carrying out the program
outlined in section 1284\(a\)—
\(1\) to unduly interfere with, or seek to substitute for,
market-based competition among United States cyber and
digital technology providers;
\(2\) to condition access to program support on the
acceptance of commercial terms, partnerships, or business
arrangements that United States cyber and digital technology
providers would not voluntarily accept in an arm's length
commercial transaction; or
\(3\) to require foreign government partners to receive
approval from the United States Government for procurements
from United States cyber and digital technology providers
pursued outside the Program, except as otherwise required by
any other regulations or Federal law.
\(c\) Cyber and Digital Technology Small Business Owners.—
Notwithstanding subsection \(a\), in carrying out the Program,
the Secretary may provide targeted assistance, including
capacity-building support and the facilitation of foreign
government partner engagement, to United States small
businesses and companies that lack the global reach, existing
relationships, or resources to compete independently in
foreign government partner procurement markets, provided that
such assistance does not confer an unfair competitive
advantage over other United States cyber and digital
technology providers.
SEC. 8779. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than one year after the date of the enactment of
this Act, and not less frequently than every two years until
the termination of the Program's authorities, the Comptroller
General of the United States shall conduct and submit to the
appropriate congressional committees a review of the Program.
The review shall include an assessment of the Department of
State's implementation of the Program, including—
\(1\) the Department of State's capacity to implement the
Program, including personnel and budgetary resources;
\(2\) whether the Department of State has established the
necessary processes and procedures to successfully achieve
the Program objectives outlined in section 8774;
\(3\) the Department of State's ability to conduct
appropriate monitoring and evaluation of Program
implementation;
\(4\) any technologies added or removed from the list under
section 8774\(c\) of covered cyber and digital technologies;
and
\(5\) any other elements deemed necessary by the Comptroller
General of the United States.
SEC. 8780. FOREIGN SERVICE OFFICER TECHNOLOGY CAREER TRACK
FEASIBILITY STUDY AND REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall—
\(1\) conduct a study to determine the feasibility and
advisability of establishing a dedicated technology policy
career track or “cone” for Foreign Service officers; and
\(2\) submit a report containing a summary of the results of
such study to the appropriate committees of Congress.
SEC. 8780A. DERIVATION OF FUNDS.
Amounts made available to carry out this subtitle shall be
derived from amounts authorized to be appropriated or
otherwise made available to the Department of State.
Subtitle G—Countering China's Control of the Caucasus Act
SEC. 8791. SHORT TITLE.
This subtitle may be cited as the “Countering China's
Control of the Caucasus Act of 2026”.
SEC. 8792. REPORTS AND BRIEFINGS.
\(a\) Report on Russian and Chinese Intelligence Assets in
Georgia.—
\(1\) Defined term.—In this section, the term “relevant
congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Select Committee on Intelligence of the Senate;
\(C\) the Committee on Armed Services of the Senate;
\(D\) the Committee on Appropriations of the Senate;
\(E\) the Committee on Foreign Affairs of the House of
Representatives;
\(F\) the Permanent Select Committee on Intelligence of the
House of Representatives;
\(G\) the Committee on Armed Services of the House of
Representatives; and
\(H\) the Committee on Appropriations of the House of
Representatives.
\(2\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary, in coordination
with the Director of National Intelligence and the Secretary
of Defense, shall submit a classified report, as appropriate,
to the relevant congressional committees that meets the
requirements set forth in paragraph \(3\).
\(3\) Contents.—The report required under paragraph \(2\)
shall—
\(A\) be prepared consistent with the protection of sources
and methods;
\(B\) examine the penetration of Russian and Chinese
intelligence elements and their assets in Georgia; and
\(C\) examine the potential intersection of Russian and
Chinese influence and cooperation in Georgia.
\(b\) 5-Year United States Strategy for Bilateral Relations
With Georgia.—
\(1\) In general.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
relevant congressional committees a detailed strategy that—
\(A\) outlines specific objectives for enhancing bilateral
ties which reflect the current domestic political environment
in Georgia;
\(B\) includes a determination of the tools, resources, and
funding that should be available to achieve the objectives
outlined pursuant to subparagraph \(A\) and an assessment of
whether Georgia should remain a top recipient of United
States funding in the Europe and Eurasia region;
\(C\) includes a determination of the extent to which the
United States should continue to invest in its partnership
with Georgia; and
\(D\) includes a determination of whether the Government of
Georgia remains committed to expanding trade ties with the
United States and Europe and whether the United States
Government should continue to invest in Georgian projects.
\(2\) Form.—The report required under paragraph \(1\) shall be
submitted in unclassified form, with a classified annex.
Subtitle H—Saving Lives and Taxpayer Dollars Act
SEC. 8793. ANNUAL REPORT.
\(a\) Short Title.—This section may be cited as the “Saving
Lives and Taxpayer Dollars Act”.
\(b\) In General.—Not later than 1 year after the date of
the enactment of this Act, and annually thereafter through
December 31, 2030, the Secretary, in coordination with the
head of the relevant Federal department or agency responsible
for administering assistance under part I of the Foreign
Assistance Act of 1961 \(22 U.S.C. 2151 et seq.\) or under the
Food for Peace Act \(Public Law 83-480; 7 U.S.C. 1721 et seq\)
shall submit a report to the appropriate congressional
committees that describes any foreign assistance product or
commodity that, despite all reasonable efforts to prevent
contamination, spoilage, or expiration or, having reached the
end of a product's useful life under the laws of the United
States or of the recipient country, was destroyed during the
reporting period.
\(c\) Contents.—The report required under subsection \(b\)
shall include, for each product or commodity that was
contaminated, spoiled, expired, or reached the end of its
useful life and was destroyed—
\(1\) a description of the reasonable efforts made to prevent
waste and ensure the product or commodity reached the
intended beneficiaries;
\(2\) the reason the product or commodity could not be made
available to the intended beneficiaries, including a
description of any relevant domestic laws or regulations of
the intended beneficiary country that impeded or prohibited
the delivery, donation or sale of such product or commodity
prior to its spoilage, expiration date, or the date on which
the product reached the end of its useful life;
\(3\) the purpose of the product or commodity and the
geographic locations of the intended beneficiaries of such
product or commodity;
\(4\) the procured and market value of the products or
commodity; and
\(5\) the cost incurred to destroy the product or commodity,
as applicable.
\(d\) Definitions.—In this section:
\(1\) Appropriate congressional committees.—The term
“appropriate congressional committees” means—
\(A\) the Committee on Foreign Relations of the Senate;
\(B\) the Committee on Appropriations of the Senate;
\(C\) the Committee on Foreign Affairs of the House of
Representatives; and
\(D\) the Committee on Appropriations of the House of
Representatives.
\(2\) Foreign assistance product or commodity.—The term
“foreign assistance product or commodity” means any product
or commodity provided by the United States Government under
part I of the Foreign Assistance Act of 1961 \(22 U.S.C. 2151
et seq.\) or under the Food for Peace Act \(Public Law 83-480;
7 U.S.C. 1721 et seq.\), including food, specialized nutrition
products, medicines, vaccines, and medical supplies and
devices that are procured, acquired, managed, controlled, or
held in warehouse, ships, shipping containers, or any other
storage facility, by the United States Government or an
implementing partner of the United States Government.
\(3\) Reporting period.—The term “reporting period”
means—
\(A\) with respect to the initial report required under
subsection \(b\), the period beginning on the date of the
enactment of this Act and ending on the date on which such
report is submitted to the appropriate congressional
committees; and
\(B\) with respect to all subsequent reports required under
subsection \(b\), the period beginning on the day after the
date on which the prior report was submitted pursuant to
subsection \(b\) and ending on the date on which the next
report is submitted.
Subtitle I—Reporting on Syria
SEC. 8794. REPORT ON THE IMPACT OF UNITED STATES ASSISTANCE.
\(a\) Report Required.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of State shall
submit to the appropriate congressional committees a report
that describes the foreign assistance strategy of the United
States in support of United States-Syria policy and provides
comprehensive details on foreign assistance programs
\(including humanitarian and nonhumanitarian efforts\) inside
Syria paused or canceled since January 2025.
\(b\) Elements.—The report required under subsection \(a\)
shall include, at a minimum, the following elements:
\(1\) A listing of any United States foreign assistance
program currently operating in Syria, including a description
of the scope of each program and how each program serves
United States objectives in Syria.
\(2\) A description of efforts to leverage international
donors, multilateral organizations, charities, or other
external funders to fill gaps, where they exist.
\(3\) An accounting of all sustained and ongoing humanitarian
and foreign assistance programs inside Syria, including a
comprehensive description of each project, any supporting
organizations, relevant details related to funding,
performance metrics, progress towards meeting United States
objectives, and other relevant details, as needed.
SEC. 8794A. STRATEGY ON ISIS-RELATED DETAINEE AND
DISPLACEMENT CAMPS IN SYRIA.
Section 1262 of the National Defense Authorization Act for
Fiscal Year 2024 \(Public Law 118-31\) is amended—
\(1\) in subsection \(e\)\(1\), by inserting “, and annually
thereafter through January 2029,” after “Not later than 180
days after the date of the enactment of this Act”; and
\(2\) in subsection \(f\)\(1\)—
\(A\) in the matter preceding subparagraph \(A\), by striking
“January 31, 2025” and inserting “January 31, 2029”; and
\(B\) in subparagraph \(A\), by striking clause \(ii\) and
inserting the following:
“\(ii\) an assessment of the status of all United States
efforts, including via foreign assistance, to encourage and
facilitate repatriation and reintegration of all individuals
from such camps, consistent with all relevant domestic and
applicable international laws;”.
SEC. 8794B. STRATEGY FOR ENGAGEMENT WITH SYRIAN AUTHORITIES
AND FOR EVALUATING SECURITY AT THE UNITED
STATES MISSION.
\(a\) Sense of Congress.—It is the sense of Congress that—
\(1\) the United States should take measures to expand its
engagement with Syrian authorities in support of mutual
national security interests, such as combating terrorism,
eliminating chemical weapons, and mitigating Captagon
smuggling; and
\(2\) the Department of State should take measures to
evaluate and mitigate known security vulnerabilities at the
United States mission in Damascus in support of eventually
reopening the embassy compound for official usage.
\(b\) Report Required.—
\(1\) In general.—Not later than 60 days after the date of
the enactment of this Act, and every 180 days thereafter
until January 1, 2029, the Secretary of State shall submit to
the appropriate congressional committees a report that
describes the strategy of the United States to establish and
sustain deepened engagement with Syrian authorities and
assesses in detail the security conditions at the United
States mission in Damascus and any known security
preparations to re-establish operations on the compound.
\(2\) Elements.—The report required under paragraph \(1\)
shall include, at a minimum, the following elements:
\(A\) A strategy to strengthen and sustain broader United
States engagement with Syrian authorities, which includes
policy objectives, staffing plans domestically and overseas,
regional engagement efforts, and efforts to engage Syrians,
including activists, political groups, and civil society
organizations.
\(B\) A detailed accounting of progress made on the
engagement strategy, including meetings, travel, staffing
patterns and changes, and notable gaps or areas where
additional engagement is needed.
\(C\) A comprehensive assessment of security conditions at
the United States mission in Damascus, any notable changes or
progress made towards hardening security, and any progress
towards re-establishing a permanent presence or re-opening
the embassy.
SEC. 8794C. STRATEGY TO ENSURE THE ENDURING DEFEAT OF ISIS IN
SYRIA.
\(a\) Strategy Required.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the heads of
other appropriate Federal agencies, shall jointly develop and
submit to the appropriate congressional committees a strategy
to combat and prevent the further resurgence of ISIS and its
affiliates in Syria.
\(b\) Elements of the Strategy.—The strategy required under
subsection \(a\) shall include the following elements:
\(1\) A summary of the United States national security
interests in Syria and the impact a resurgence of ISIS would
have on those interests.
\(2\) A comprehensive assessment of current training and
support programs by agency or department, specifically
focused on countering ISIS and other terrorist organizations,
including nonlethal assistance, training, and organizational
capacity for the Syrian authorities and others to counter
gains by ISIS and its affiliates.
\(3\) A detailed description of United States Government
efforts to support, develop, and expand the capacity of
Syrian authorities to combat ISIS and prevent its return.
\(4\) An estimate of the number of current, active ISIS
members in Iraq and Syria, including an assessment of those
being held in detainee camps or prisons.
\(5\) A comprehensive plan to repatriate or secure ISIS
detainees currently being held in Syria and Iraq, including—
\(A\) repatriation, transfer, prosecution, and intelligence-
gathering;
\(B\) coordinating a whole-of-government approach with other
countries and international organizations, including
INTERPOL, to ensure secure chains of custody and locations of
ISIS foreign terrorist fighter detainees;
\(C\) coordinating technical and evidentiary assistance to
foreign countries to aid in the successful prosecution of
ISIS foreign terrorist fighter detainees; and
\(D\) all multilateral and international engagements led by
the Department of State and other agencies that are related
to the current and future handling, detention, and
prosecution of ISIS foreign terrorist fighter detainees;
\(E\) engagement with international partners on legal,
tenable mechanisms for repatriating foreign fighters; and
\(F\) a plan for how funds in appropriations Acts will
support disarmament, demobilization, disengagement,
deradicalization, and reintegration of current and former
members and affiliates of ISIS and their family members.
\(6\) A description, which may be in classified form, of ISIS
senior leadership and infrastructure and efforts to target
leadership figures.
\(7\) A comprehensive description of the activities of the
United States Government, utilizing social media and other
communication technologies, to counter ISIS's propaganda and
influence and its ability to use such technologies to recruit
fighters domestically and internationally, including through
private technology companies and a description of how such
activities are being coordinated across the United States
Government.
\(8\) A description of the steps taken by the United States
Government, including through the use of economic sanctions
to deny financial resources to ISIS and its affiliates, in
conjunction with international partners and financial
institutions.
\(9\) A description of United States Government efforts to
support credible war crimes prosecutions against ISIS
fighters.
\(10\) A plan to ensure the delivery of humanitarian and
reintegration assistance.
\(c\) Appropriate Congressional Committees Defined.—In this
section, the term “appropriate congressional committees”
means—
\(1\) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
\(2\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
Subtitle J—Additional Authorities
SEC. 8795. REPEALS OF SYRIA SANCTIONS STATUTES.
\(a\) Syria Accountability and Lebanese Sovereignty
Restoration Act of 2003.—The Syria Accountability and
Lebanese Sovereignty Restoration Act of 2003 \(Public Law 108-
175; 22 U.S.C. 2151 note\) is repealed.
\(b\) Syria Human Rights Accountability Act of 2012.—The
Syria Human Rights Accountability Act of 2012 \(title VII of
Public Law 112-158; 22 U.S.C. 8701 et seq.\) is repealed.
SEC. 8796. ESTABLISHMENT OF UKRAINE LESSONS LEARNED TASK
FORCE.
\(a\) Establishment.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State and the Chairman of
the Joint Chiefs of Staff, shall establish a joint
interagency task force, to be known as the “Ukraine Lessons
Learned Task Force” \(referred to in this section as the
“Task Force”\).
\(b\) Purposes.—The purposes of the Task Force are—
\(1\) identifying, evaluating, and synthesizing key
battlefield innovations, operational practices, and defense
strategies employed by Ukraine in its resistance to Russian
aggression;
\(2\) assessing the relevance of such lessons to United
States military doctrine, training, logistics, acquisition,
and strategic planning;
\(3\) recommending specific changes or pilot programs to
integrate such lessons into United States defense systems;
\(4\) identifying vulnerabilities in United States systems
highlighted by Ukraine's experience, including through joint
operations such as Operation Spider Web; and
\(5\) coordinating with NATO allies and Ukrainian defense
counterparts, as appropriate.
\(c\) Reporting Requirements.—
\(1\) Annual report to congress.—Not later than 180 days
after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary of State,
in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall submit to the
Committee on Foreign Relations of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the
congressional defense committees a report that includes—
\(A\) a summary of the findings and assessments conducted by
the Task Force;
\(B\) recommendations for changes to doctrine, training,
acquisition, or organizational structure;
\(C\) an overview of any pilot programs or implementation
actions taken in response to such recommendations; and
\(D\) a classified annex with detailed assessments, to the
extent necessary.
\(2\) Public version.—An unclassified version of the report
required under paragraph \(1\) that excludes sensitive and
classified information shall be made available to the public
through a public website.
\(d\) Integration Into Military Training and Strategy.—The
Secretary of Defense and the Chairman of the Joint Chiefs of
Staff shall ensure that relevant findings from the Task Force
are—
\(1\) incorporated into professional military education
curricula, including at the National Defense University,
service academies, and war colleges;
\(2\) reflected in joint and service-specific training
exercises and war games; and
\(3\) considered in the development of future operational
concepts and planning scenarios.
\(e\) NATO and Allied Coordination.—The Secretary of State,
in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall coordinate with
NATO allies—
\(1\) to share and compare assessments of lessons learned
from Ukraine's defense;
\(2\) to promote interoperability in defense innovation; and
\(3\) to explore the establishment of a multilateral
“Defense Innovation Lessons Hub” or similar mechanism.
\(f\) Sunset.—This section shall cease to have any force or
effect beginning on the date that is 5 years after the date
of the enactment of this Act.
SEC. 8797. POLAND DEFENSE INDUSTRIAL COOPERATION PROGRAM.
\(a\) Establishment.—The Secretary of Defense, in
coordination with the Secretary of State, shall establish a
program to expand cooperation between the defense industrial
bases of the United States and Poland to expand co-production
capacity, enhance supply chain resilience, and support
operational readiness for United States and allied forces.
The program shall seek to—
\(1\) enhance bilateral cooperation between the United States
and Poland;
\(2\) reduce barriers to co-production between the United
States and Poland; and
\(3\) strengthen NATO's deterrence capability, including
against malign influence from the Russian Federation and
People's Republic of China.
\(b\) Elements.—The program established pursuant to
subsection \(a\) may also include the following:
\(1\) Co-production of munitions, ground combat systems, air
combat systems and other critical defense articles.
\(2\) The establishment and expansion of forward repair,
maintenance, and sustainment capabilities in Poland.
\(3\) The identification and authorization of technology
transfer necessary to establish co-production of co-
sustainment capabilities in Poland that support the Armed
Forces in Poland and NATO's deterrence capabilities.
\(4\) The development of redundant and resilient supply
chains to carry out the objectives described in paragraphs
\(1\) through \(3\) of subsection \(a\).
\(5\) Actions to identify and mitigate barriers to defense
industrial base cooperation, including barriers relating to
export controls, technology transfer, or contracting
practices.
\(c\) Authorities.—In carrying out the program established
pursuant to subsection \(a\), the Secretary of Defense shall
coordinate with other Federal departments and agencies,
including the Department of State and the Department of
Commerce, in order to—
\(1\) enter into contracts, cooperative agreements, and other
bilateral agreements \(including under section 4022 of title
10, United States Code\); and
\(2\) provide technical assistance, training, and equipment
relating to defense industrial base cooperation.
\(d\) Industry Engagement.—The Secretary of Defense, in
coordination with the Secretary of State, shall seek to
coordinate with appropriate counterparts of Poland to convene
an annual industry roundtable consisting of United States and
Polish defense companies, with the goal of expanding
cooperation and engagement across sectors and between
government and industry with respect to activities to
implement the program established pursuant to subsection \(a\).
\(e\) Report.—The Secretary of Defense, in coordination with
the Secretary of State, shall annually for a period of 5
years submit to the Committee on Armed Services and the
Committee on Foreign Relations of the Senate and Committee on
Armed Services and the Committee on Foreign Affairs of the
House of Representatives a report on—
\(1\) any additional legislative authorities required to
carry out the program established pursuant to subsection \(a\)
or any of the elements described in subsection \(b\); and
\(2\) any regulatory or policy barriers to achieving the
objectives described in paragraphs \(1\) through \(3\) of
subsection \(a\).
SA 6560. Mrs. SHAHEEN \(for herself and Mr. Tillis\) submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle C of title XII, add the following:
SEC. 1229A. CONTINUATION OF THE SPECIAL INSPECTOR GENERAL FOR
OPERATION ATLANTIC RESOLVE.
Section 1250B of the National Defense Authorization Act for
Fiscal Year 2024 \(5 U.S.C. 419 note; Public Law 118-31\) is
amended by striking subsection \(f\) and inserting the
following:
“\(f\) Termination.—
“\(1\) In general.—The Office of the Special Inspector
General for Operation Atlantic Resolve shall continue in
operation until the date on which the Special Inspector
General determines, and certifies to the appropriate
committees of Congress, that—
“\(A\) Operation Atlantic Resolve has terminated; and
“\(B\) all amounts appropriated, authorized to be
appropriated, or otherwise made available by the United
States Government for activities related to the response to
the Russian Federation's invasion of Ukraine have been—
“\(i\) expended;
“\(ii\) rescinded;
“\(iii\) transferred to an activity outside the jurisdiction
of the Special Inspector General; or
“\(iv\) otherwise fully accounted for through audit,
inspection, or other oversight activities.
“\(2\) Final report.—Not later than 90 days before the
termination of the Office under paragraph \(1\), the Special
Inspector General shall submit to the appropriate committees
of Congress a final report that—
“\(A\) describes the disposition of all covered funds;
“\(B\) identifies any ongoing audits, investigations, or
oversight matters;
“\(C\) identifies any unresolved recommendations; and
“\(D\) includes the Special Inspector General's assessment
regarding whether additional oversight authorities are
necessary.
“\(3\) Appropriate committees of congress defined.—The term
\`appropriate committees of Congress' means—
“\(A\) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate; and
“\(B\) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.”.
## Official source
- [Download the official section PDF](https://api.govinfo.gov/packages/CREC-2026-06-24/granules/CREC-2026-06-24-pt1-PgS3230/pdf)