The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“Text of Senate Amendment 1043” mentioning the Department of Interior was published in the in the Senate section section on pages S3544-S3552 on July 25.
The Department oversees more than 500 million acres of land. Downsizing the Federal Government, a project aimed at lowering taxes and boosting federal efficiency, said the department has contributed to a growing water crisis and holds many lands which could be better managed.
The publication is reproduced in full below:
SA 1043. Mr. PETERS (for himself, Mr. Lankford, Mr. Cornyn, Mr. Scott of Florida, Ms. Sinema, and Ms. Rosen) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize appropriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe 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 I--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY
Subtitle A--Federal Data Center Enhancement Act of 2023
SEC. 11001. SHORT TITLE.
This subtitle may be cited as the ``Federal Data Center Enhancement Act of 2023''.
SEC. 11002. FEDERAL DATA CENTER CONSOLIDATION INITIATIVE
AMENDMENTS.
(a) Findings.--Congress finds the following:
(1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) expired at the end of fiscal year 2022.
(2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government.
(3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010--
(A) the consolidation of more than 6,000 Federal data centers; and
(B) cost savings and avoidance of $5,800,000,000.
(4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015.
(5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States.
(6) As of the date of enactment of this subtitle, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, and availability.
(b) Minimum Requirements for New Data Centers.--Section 834 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is amended--
(1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following:
``(3) New data center.--The term `new data center' means--
``(A)(i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or
``(ii) to the extent practicable, a data center or portion thereof--
``(I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and
``(II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and
``(B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, a data center or portion thereof that is--
``(i) established; or
``(ii) substantially upgraded or expanded.'';
(2) by striking subsection (b) and inserting the following:
``(b) Minimum Requirements for New Data Centers.--
``(1) In general.--Not later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council.
``(2) Contents.--
``(A) In general.--The minimum requirements established under paragraph (1) shall include requirements relating to--
``(i) the availability of new data centers;
``(ii) the use of new data centers;
``(iii) uptime percentage;
``(iv) protections against power failures, including on- site energy generation and access to multiple transmission paths;
``(v) protections against physical intrusions and natural disasters;
``(vi) information security protections required by subchapter II of chapter 35 of title 44, United States Code, and other applicable law and policy; and
``(vii) any other requirements the Administrator determines appropriate.
``(B) Consultation.--In establishing the requirements described in subparagraph (A)(vi), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director.
``(3) Incorporation of minimum requirements into current data centers.--As soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023.
``(4) Review of requirements.--The Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary.
``(5) Report on new data centers.--During the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall--
``(A) notify--
``(i) the Administrator;
``(ii) Committee on Homeland Security and Governmental Affairs of the Senate; and
``(iii) Committee on Oversight and Accountability of the House of Representatives; and
``(B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1).
``(6) Use of technology.--In determining whether to establish or continue to operate an existing data center, the head of a covered agency shall--
``(A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and
``(B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure.
``(7) Public website.--
``(A) In general.--The Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section.
``(B) Processes and procedures.--In maintaining the website described in subparagraph (A), the Administrator shall--
``(i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and
``(ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets.''; and
(3) in subsection (c), by striking paragraph (1) and inserting the following:
``(1) In general.--The head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including--
``(A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology;
``(B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and
``(C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code.''.
(c) Extension of Sunset.--Section 834(e) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) is amended by striking ``2022'' and inserting
``2026''.
(d) GAO Review.--Not later than 1 year after the date of the enactment of this subtitle, and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113-291) for new data centers and subsection (b)(3) of that section for existing data centers, as appropriate.
TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS
Subtitle A--Enhancing DHS Drug Seizures Act
SEC. 11101. SHORT TITLE.
This subtitle may be cited as the ``Enhancing DHS Drug Seizures Act''.
SEC. 11102. COORDINATION AND INFORMATION SHARING.
(a) Public-private Partnerships.--
(1) Strategy.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping, chemical, and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals.
(2) Contents.--The strategy required under paragraph (1) shall contain goals and objectives for employees of the Department of Homeland Security to ensure the tactics, techniques, and procedures gained from the public-private partnerships described in paragraph (1) are included in policies, best practices, and training for the Department.
(3) Implementation plan.--Not later than 180 days after developing the strategy required under paragraph (1), the Secretary of Homeland Security shall develop an implementation plan for the strategy, which shall outline departmental lead and support roles, responsibilities, programs, and timelines for accomplishing the goals and objectives of the strategy.
(4) Briefing.--The Secretary of Homeland Security shall provide annual 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 progress made in addressing the implementation plan developed pursuant to paragraph (3).
(b) Assessment of Drug Task Forces.--
(1) In general.--The Secretary of Homeland Security shall conduct an assessment of the counterdrug task forces in which the Department of Homeland Security, including components of the Department, participates in or leads, which shall include--
(A) areas of potential overlap;
(B) opportunities for sharing information and best practices;
(C) how the Department's processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices; and
(D) corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the Department.
(2) Coordination.--In conducting the assessment required under paragraph (1), with respect to counterdrug task forces that include foreign partners, the Secretary of Homeland Security shall coordinate with the Secretary of State.
(3) Report.--
(A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security 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 contains a summary of the results of the assessment conducted pursuant to paragraph (1).
(B) Foreign partners.--If the report submitted under subparagraph (A) includes information about counterdrug forces that include foreign partners, the Secretary of Homeland Security shall submit the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(4) Corrective action plan.--The Secretary of Homeland Security shall--
(A) implement the corrective action plans described in paragraph (1)(D) immediately after the submission of the report pursuant to paragraph (2); and
(B) provide annual 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 progress made in implementing the corrective action plans.
(c) Combination of Briefings.--The Secretary of Homeland Security may combine the briefings required under subsections
(a)(4) and (b)(3)(B) and provide such combined briefings through fiscal year 2026.
SEC. 11103. DANGER PAY FOR DEPARTMENT OF HOMELAND SECURITY
PERSONNEL DEPLOYED ABROAD.
(a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by inserting after section 881 the following:
``SEC. 881A. DANGER PAY ALLOWANCE.
``(a) Authorization.--An employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee.
``(b) Notice.--Before granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify 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 of--
``(1) the intent to make such payments and the circumstances justifying such payments; or
``(2) the intent to terminate such payments and the circumstances justifying such termination.''.
SEC. 11104. IMPROVING TRAINING TO FOREIGN-VETTED LAW
ENFORCEMENT OR NATIONAL SECURITY UNITS.
The Secretary of Homeland Security, or the designee of the Secretary, may, with the concurrence of the Secretary of State, provide training to foreign-vetted law enforcement or national security units and may waive reimbursement for salary expenses of such Department of Homeland Security personnel, in accordance with an agreement with the Department of Defense pursuant to section 1535 of title 31, United States Code.
SEC. 11105. ENHANCING THE OPERATIONS OF U.S. CUSTOMS AND
BORDER PROTECTION IN FOREIGN COUNTRIES.
Section 411(f) of the Homeland Security Act of 2002 (6 U.S.C. 211(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4) Permissible activities.--
``(A) In general.--Employees of U.S. Customs and Border Protection and other customs officers designated in accordance with the authorities granted to officers and agents of Air and Marine Operations may, with the concurrence of the Secretary of State, provide the support described in subparagraph (B) to authorities of the government of a foreign country if an arrangement has been entered into between the Government of the United States and the government of such country that permits such support by such employees and officers.
``(B) Support described.--The support described in this subparagraph is support for--
``(i) the monitoring, locating, tracking, and deterrence of--
``(I) illegal drugs to the United States;
``(II) the illicit smuggling of persons and goods into the United States;
``(III) terrorist threats to the United States; and
``(IV) other threats to the security or economy of the United States;
``(ii) emergency humanitarian efforts; and
``(iii) law enforcement capacity-building efforts.
``(C) Payment of claims.--
``(i) In general.--Subject to clauses (ii) and (iv), the Secretary, with the concurrence of the Secretary of State, may expend funds that have been appropriated or otherwise made available for the operating expenses of the Department to pay claims for money damages against the United States, in accordance with the first paragraph of section 2672 of title 28, United States Code, which arise in a foreign country in connection with U.S. Customs and Border Protection operations in such country.
``(ii) Submission deadline.--A claim may be allowed under clause (i) only if it is presented not later than 2 years after it accrues.
``(iii) Report.--Not later than 90 days after the date on which the expenditure authority under clause (i) expires pursuant to clause (iv), the Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and Committee on Foreign Affairs of the House of Representatives that describes, for each of the payments made pursuant to clause
(i)--
``(I) the foreign entity that received such payment;
``(II) the amount paid to such foreign entity;
``(III) the country in which such foreign entity resides or has its principal place of business; and
``(IV) a detailed account of the circumstances justify such payment.
``(iv) Sunset.--The expenditure authority under clause (i) shall expire on the date that is 5 years after the date of the enactment of the Enhancing DHS Drug Seizures Act.''.
SEC. 11106. DRUG SEIZURE DATA IMPROVEMENT.
(a) Study.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to identify any opportunities for improving drug seizure data collection.
(b) Elements.--The study required under subsection (a) shall--
(1) include a survey of the entities that use drug seizure data; and
(2) address--
(A) any additional data fields or drug type categories that should be added to U.S. Customs and Border Protection's SEACATS, U.S. Border Patrol's e3 portal, and any other systems deemed appropriate by the Commissioner of U.S. Customs and Border Protection, in accordance with the first recommendation in the Government Accountability Office's report GAO-22-104725, entitled ``Border Security: CBP Could Improve How It Categorizes Drug Seizure Data and Evaluates Training'';
(B) how all the Department of Homeland Security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting;
(C) how the Department of Homeland Security can better identify, collect, and analyze additional data on precursor chemicals, synthetic drugs, novel psychoactive substances, and analogues that have been seized by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and
(D) how the Department of Homeland Security can improve its model of anticipated drug flow into the United States.
(c) Implementation of Findings.--Following the completion of the study required under subsection (a)--
(1) the Secretary of Homeland Security, in accordance with the Office of National Drug Control Policy's 2022 National Drug Control Strategy, shall modify Department of Homeland Security drug seizure policies and training programs, as appropriate, consistent with the findings of such study; and
(2) the Commissioner of U.S. Customs and Border Protection, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results.
SEC. 11107. DRUG PERFORMANCE MEASURES.
Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and implement a plan to ensure that components of the Department of Homeland Security develop and maintain outcome- based performance measures that adequately assess the success of drug interdiction efforts and how to utilize the existing drug-related metrics and performance measures to achieve the missions, goals, and targets of the Department.
SEC. 11108. PENALTIES FOR HINDERING IMMIGRATION, BORDER, AND
CUSTOMS CONTROLS.
(a) Personnel and Structures.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 274D the following:
``SECTION 274E. DESTROYING OR EVADING BORDER CONTROLS.
``(a) In General.--It shall be unlawful to knowingly and without lawful authorization--
``(1)(A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or
``(B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and
``(2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully--
``(A) secure a financial gain;
``(B) further the objectives of a criminal organization; and
``(C) violate--
``(i) section 274(a)(1)(A)(i);
``(ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-125));
``(iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or
``(iv) any Federal law relating to border controls measures of the United States.
``(b) Penalty.--Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''.
(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 274D the following:
``Sec. 274E. Destroying or evading border controls.''.
Subtitle B--Non-Intrusive Inspection Expansion Act
SEC. 11111. SHORT TITLE.
This subtitle may be cited as the ``Non-Intrusive Inspection Expansion Act''.
SEC. 11112. USE OF NON-INTRUSIVE INSPECTION SYSTEMS AT LAND
PORTS OF ENTRY.
(a) Fiscal Year 2026.--Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan, cumulatively, at ports of entry where systems are in place by the deadline, not fewer than--
(1) 40 percent of passenger vehicles entering the United States; and
(2) 90 percent of commercial vehicles entering the United States.
(b) Subsequent Fiscal Years.--Beginning in fiscal year 2027, U.S. Customs and Border Protection shall use non- intrusive inspection systems at land ports of entry to reach the next projected benchmark for incremental scanning of passenger and commercial vehicles entering the United States at such ports of entry.
(c) Briefing.--Not later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives regarding the progress made during the first half of fiscal year 2026 in achieving the scanning benchmarks described in subsection (a).
(d) Report.--If the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, not later than 120 days after the end of that fiscal year, the Commissioner of U.S. Customs and Border Protection 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--
(1) analyzes the causes for not meeting such requirements;
(2) identifies any resource gaps and challenges; and
(3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year.
SEC. 11113. NON-INTRUSIVE INSPECTION SYSTEMS FOR OUTBOUND
INSPECTIONS.
(a) Strategy.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a strategy to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing sustained outbound inspection operations at land ports of entry that includes--
(1) the number of existing and planned outbound inspection lanes at each port of entry;
(2) infrastructure limitations that limit the ability of U.S. Customs and Border Protection to deploy non-intrusive inspection systems for outbound inspections;
(3) the number of additional non-intrusive inspection systems that are necessary to increase scanning capacity for outbound inspections; and
(4) plans for funding and acquiring the systems described in paragraph (3).
(b) Implementation.--Beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non- intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry.
SEC. 11114. GAO REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security.
(2) Elements.--The review required under paragraph (1) shall--
(A) identify--
(i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and
(ii) the locations to which such systems have been deployed; and
(B) examine the manner in which U.S. Customs and Border Protection--
(i) assesses the effectiveness of such systems; and
(ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States.
(b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General 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 containing the findings of the review conducted pursuant to subsection (a).
Subtitle C--Securing America's Ports of Entry Act of 2023
SEC. 11121. SHORT TITLE.
This subtitle may be cited as the ``Securing America's Ports of Entry Act of 2023''.
SEC. 11122. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION
PERSONNEL.
(a) Officers.--Subject to appropriations, the Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model.
(b) Support Staff.--The Commissioner is authorized to hire, train, and assign support staff, including technicians and Enterprise Services mission support, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a).
(c) Traffic Forecasts.--In calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall--
(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry;
(2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information;
(3) consider historical volume and forecasts prior to the COVID-19 pandemic and the impact on international travel; and
(4) incorporate personnel requirements for increasing the rate of outbound inspection operations at land ports of entry.
(d) GAO Report.--If the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2024, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall--
(1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and
(2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Finance of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Ways and Means of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1).
SEC. 11123. PORTS OF ENTRY INFRASTRUCTURE ENHANCEMENT REPORT.
Not later than 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Finance of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Ways and Means of the House of Representatives that identifies--
(1) infrastructure improvements at ports of entry that would enhance the ability of U.S. Customs and Border Protection officers to interdict opioids and other drugs that are being illegally transported into the United States, including a description of circumstances at specific ports of entry that prevent the deployment of technology used at other ports of entry;
(2) detection equipment that would improve the ability of such officers to identify opioids, including precursors and derivatives, that are being illegally transported into the United States; and
(3) safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers.
SEC. 11124. REPORTING REQUIREMENTS.
(a) Temporary Duty Assignments.--
(1) Quarterly report.--The Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period--
(A) the number of temporary duty assignments;
(B) the number of U.S. Customs and Border Protection officers required for each temporary duty assignment;
(C) the ports of entry from which such officers were reassigned;
(D) the ports of entry to which such officers were reassigned;
(E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments;
(F) the duration of each temporary duty assignment;
(G) the cost of each temporary duty assignment; and
(H) the extent to which the temporary duty assignments within the reporting period were in support of the other U.S. Customs and Border Protection activities or operations along the southern border of the United States, including the specific costs associated with such temporary duty assignments.
(2) Notice.--Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances--
(A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and
(B) the port director shall notify impacted facilities
(including airports, seaports, and land ports) of the intended redeployments.
(3) Staff briefing.--The Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry.
(b) Reports on U.S. Customs and Border Protection Agreements.--Section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4451(a)) is amended--
(1) in paragraph (3), by striking ``and an assessment'' and all that follows and inserting a period;
(2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
``(4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates.''; and
(4) in paragraph (5), as redesignated by paragraph (2), by inserting after ``the report'' the following: ``, including the locations of such services and the total hours of reimbursable services under the agreement, if any''.
(c) Annual Workload Staffing Model Report.--As part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 211(g)(5)(A)), the Commissioner shall include--
(1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition;
(2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017
(division F of Public Law 115-31); and
(3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b).
(d) CBP One Mobile Application.--During the 2-year period beginning on the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall publish a monthly report on the use of the CBP One mobile application, including, with respect to each reporting period--
(1) the number of application registration attempts made through CBP One pursuant to the Circumvention of Lawful Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that resulted in a system error, disaggregated by error type;
(2) the total number of noncitizens who successfully registered appointments through CBP One pursuant to such rule;
(3) the total number of appointments made through CBP One pursuant to such rule that went unused;
(4) the total number of individuals who have been granted parole with a Notice to Appear subsequent to appointments scheduled for such individuals through CBP One pursuant to such rule; and
(5) the total number of noncitizens who have been issued a Notice to Appear and have been transferred to U.S. Immigration and Customs Enforcement custody subsequent to appointments scheduled for such noncitizens through CBP One pursuant to such rule.
(e) Defined Term.--In this section, the term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security and Governmental Affairs of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Finance of the Senate;
(4) the Committee on Homeland Security of the House of Representatives
(5) the Committee on Appropriations of the House of Representatives; and
(6) the Committee on Ways and Means of the House of Representatives.
SEC. 11125. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle--
(1) $136,292,948 for fiscal year 2024; and
(2) $156,918,590 for each of the fiscal years 2025 through 2029.
Subtitle D--Border Patrol Enhancement Act
SEC. 11131. SHORT TITLE.
This subtitle may be cited as the ``Border Patrol Enhancement Act''.
SEC. 11132. AUTHORIZED STAFFING LEVEL FOR THE UNITED STATES
BORDER PATROL.
(a) Defined Term.--In this subtitle, the term ``validated personnel requirements determination model'' means a determination of the number of United States Border Patrol agents needed to meet the critical mission requirements of the United States Border Patrol to maintain an orderly process for migrants entering the United States, that has been validated by a qualified research entity pursuant to subsection (c).
(b) United States Border Patrol Personnel Requirements Determination Model.--
(1) Completion; notice.--Not later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112-91 (May 26, 2011) and submit a notice of completion to--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House of Representatives;
(C) the Director of the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(2) Certification.--Not later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model, an explanation of its development, and a strategy for obtaining independent verification of such model, to--
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House of Representatives;
(C) the Office of Personnel Management; and
(D) the Comptroller General of the United States.
(c) Independent Study of Personnel Requirements Determination Model.--
(1) Requirement for study.--Not later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (b)(1), the Secretary of Homeland Security shall select an entity that is technically, managerially, and financially independent from the Department of Homeland Security to conduct an independent verification and validation of the model.
(2) Reports.--
(A) To secretary.--Not later than 1 year after the completion of the personnel requirements determination model under subsection (b)(1), the entity performing the independent verification and validation of the model shall submit a report to the Secretary of Homeland Security that includes--
(i) the results of the study conducted pursuant to paragraph (1); and
(ii) any recommendations regarding the model that such entity considers to be appropriate.
(B) To congress.--Not later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
(d) Authority To Hire Additional Personnel.--Beginning on the date that is 180 days after receiving a report from a qualified research entity pursuant to subsection (c)(2) that validates the personnel requirements determination model and after implementing any recommendations to improve or update such model, the Secretary of Homeland Security may hire, train, and assign 600 or more United States Border Patrol agents above the attrition level during every fiscal year until the number of active agents meets the level recommended by the validated personnel requirements determination model.
SEC. 11133. ESTABLISHMENT OF HIGHER RATES OF REGULARLY
SCHEDULED OVERTIME PAY FOR UNITED STATES BORDER
PATROL AGENTS CLASSIFIED AT GS-12.
Section 5550 of title 5, United States Code, is amended by adding at the end the following:
``(h) Special Overtime Pay for GS-12 Border Patrol Agents.--
``(1) In general.--Notwithstanding paragraphs (1)(F),
(2)(C), and (3)(C) of subsection (b), a border patrol agent encumbering a position at grade GS-12 shall receive a special overtime payment under this subsection for hours of regularly scheduled work described in paragraph (2)(A)(ii) or
(3)(A)(ii) of subsection (b), as applicable, that are credited to the agent through actual performance of work, crediting under rules for canine agents under subsection
(b)(1)(F), or substitution of overtime hours in the same work period under subsection (f)(2)(A), except that no such payment may be made for periods of absence resulting in an hours obligation under paragraph (3) or (4) of subsection
(f).
``(2) Computation.--The special overtime payment authorized under paragraph (1) shall be computed by multiplying the credited hours by 50 percent of the border patrol agent's hourly rate of basic pay, rounded to the nearest cent.
``(3) Limitations.--The special overtime payment authorized under paragraph (1)--
``(A) is not considered basic pay for retirement under section 8331(3) or 8401(4) or for any other purpose;
``(B) is not payable during periods of paid leave or other paid time off; and
``(C) is not considered in computing an agent's lump-sum annual leave payment under sections 5551 and 5552.''.
SEC. 11134. GAO ASSESSMENT OF RECRUITING EFFORTS, HIRING
REQUIREMENTS, AND RETENTION OF LAW ENFORCEMENT
PERSONNEL.
The Comptroller General of the United States shall--
(1) conduct an assessment of U.S. Customs and Border Protection's--
(A) efforts to recruit law enforcement personnel;
(B) hiring process and job requirements relating to such recruitment; and
(C) retention of law enforcement personnel, including the impact of employee compensation on such retention efforts; and
(2) not later than 2 years after the date of the enactment of this Act, submit a report containing the results of such assessment 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.
SEC. 11135. CONTINUING TRAINING.
(a) In General.--The Commissioner shall require all United States Border Patrol agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of--
(1) Department of Homeland Security policies, procedures, and guidelines;
(2) the fundamentals of law, ethics, and professional conduct;
(3) applicable Federal law and regulations;
(4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents;
(5) applicable migration trends that the Commissioner determines are relevant;
(6) best practices for coordinating with community stakeholders; and
(7) any other information that the Commissioner determines to be relevant to active duty agents.
(b) Training Subjects.--Continuing training under this subsection shall include training regarding--
(1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods;
(2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, pregnant mothers, victims of gender-based violence, victims of torture or abuse, and the acutely ill;
(3) trends in transnational criminal organization activities that impact border security and migration;
(4) policies, strategies, and programs--
(A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners;
(B) to reduce the number of migrant and agent deaths; and
(C) to improve the safety of agents on patrol;
(5) personal resilience;
(6) anti-corruption and officer ethics training;
(7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are--
(A) arriving at a United States port of entry to seek humanitarian protection; or
(B) encountered at a United States international boundary while attempting to enter without inspection;
(8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment;
(9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills;
(10) training authorized under the Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.);
(11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security;
(12) non-lethal, self-defense training; and
(13) any other training that meets the requirements to maintain and update the subjects identified in subsection
(a).
(c) Course Requirements.--Courses offered under this section--
(1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and
(2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section.
(d) Assessment.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States 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 assesses the training and education provided pursuant to this section, including continuing education.
(e) Frequency Requirements.--Training offered as part of continuing education under this section shall include--
(1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and
(2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b).
SEC. 11136. REPORTING REQUIREMENTS.
(a) Recruitment and Retention Report.--The Comptroller General of the United States shall--
(1) conduct a study of the recruitment and retention of female agents in the United States Border Patrol that examines--
(A) the recruitment, application processes, training, promotion, and other aspects of employment for women in the United States Border Patrol;
(B) the training, complaints system, and redress for sexual harassment and assault; and
(C) additional issues related to recruitment and retention of female Border Patrol agents; and
(2) not later than 1 year after the date of the enactment of this Act, submit a report containing the results of such study and recommendations for addressing any identified deficiencies or opportunities for improvement to--
(A) the Commissioner of U.S. Customs and Border Protection;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of Representatives.
(b) Implementation Report.--Not later than 90 days after receiving the recruitment and retention report required under subsection (a), the Commissioner 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 describes the status of the Commissioner's efforts to implement any recommendations included in recruitment and retention report.
Subtitle E--END FENTANYL Act
SEC. 11141. SHORT TITLES.
This subtitle may be cited as the ``Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life Act'' or the ``END FENTANYL Act''.
SEC. 11142. ENSURING TIMELY UPDATES TO U.S. CUSTOMS AND
BORDER PROTECTION FIELD MANUALS.
(a) In General.--Not less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border.
(b) Reporting Requirement.--Shortly after each update required under subsection (a), the Commissioner of U.S. Customs and Border Protection 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 summarizes the policy and manual changes implemented by such update.
TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS
Subtitle A--Lobbying Disclosure Improvement Act
SEC. 11201. SHORT TITLE.
This subtitle may be cited as the ``Lobbying Disclosure Improvement Act''.
SEC. 11202. REGISTRANT DISCLOSURE REGARDING FOREIGN AGENT
REGISTRATION EXEMPTION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)) is amended--
(1) in paragraph (6), by striking ``; and'' and inserting a semicolon;
(2) in paragraph (7), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(8) a statement as to whether the registrant is exempt under section 3(h) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 613(h)).''.
Subtitle B--Disclosing Foreign Influence in Lobbying Act
SEC. 11211. SHORT TITLE.
This subtitle may be cited as the ``Disclosing Foreign Influence in Lobbying Act''.
SEC. 11212. CLARIFICATION OF CONTENTS OF REGISTRATION.
Section 4(b) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(b)), as amended by section 11202 of this title, is amended--
(1) in paragraph (8), as added by section 11202 of this title, by striking the period at the end and inserting ``; and''; and
(2) by adding at the end the following:
``(9) notwithstanding paragraph (4), the name and address of each government of a foreign country (including any agency or subdivision of a government of a foreign country, such as a regional or municipal unit of government) and foreign political party, other than the client, that participates in the direction, planning, supervision, or control of any lobbying activities of the registrant.''.
TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN
Subtitle A--Government-wide Study Relating to High-security Leased
Space
SEC. 11301. GOVERNMENT-WIDE STUDY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the Administrator of General Services.
(2) Beneficial owner.--
(A) In general.--The term ``beneficial owner'', with respect to a covered entity, means each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise--
(i) exercises substantial control over the covered entity; or
(ii) owns or controls not less than 25 percent of the ownership interests of, or receives substantial economic benefits from the assets of, the covered entity.
(B) Exclusions.--The term ``beneficial owner'', with respect to a covered entity, does not include--
(i) a minor;
(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
(iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person;
(iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or
(v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A).
(C) Anti-abuse rule.--The exclusions under subparagraph (B) shall not apply if, in the determination of the Administrator, an exclusion is used for the purpose of evading, circumventing, or abusing the requirements of this Act.
(3) Control.--The term ``control'', with respect to a covered entity, means--
(A) having the authority or ability to determine how the covered entity is utilized; or
(B) having some decisionmaking power for the use of the covered entity.
(4) Covered entity.--The term ``covered entity'' means--
(A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
(B) any governmental entity or instrumentality of a government.
(5) Executive agency.--The term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code.
(6) Federal agency.--The term ``Federal agency'' means--
(A) an Executive agency; and
(B) any establishment in the legislative or judicial branch of the Federal Government.
(7) Federal lessee.--
(A) In general.--The term ``Federal lessee'' means--
(i) the Administrator;
(ii) the Architect of the Capitol; and
(iii) the head of any other Federal agency that has independent statutory leasing authority.
(B) Exclusions.--The term ``Federal lessee'' does not include--
(i) the head of an element of the intelligence community; or
(ii) the Secretary of Defense.
(8) Federal tenant.--
(A) In general.--The term ``Federal tenant'' means a Federal agency that is occupying or will occupy a high- security leased space for which a lease agreement has been secured on behalf of the Federal agency.
(B) Exclusion.--The term ``Federal tenant'' does not include an element of the intelligence community.
(9) Foreign entity.--The term ``foreign entity'' means--
(A) a corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered in or organized under the laws of--
(i) a country that is not the United States; or
(ii) a State, unit of local government, or Indian Tribe that is not located within or a territory of the United States; or
(B) a government or governmental instrumentality that is not--
(i) the United States Government; or
(ii) a State, unit of local government, or Indian Tribe that is located within or a territory of the United States.
(10) Foreign person.--The term ``foreign person'' means an individual who is not a United States person.
(11) High-security leased adjacent space.--The term ``high- security leased adjacent space'' means a building or office space that shares a boundary with or surrounds a high- security leased space.
(12) High-security leased space.--The term ``high-security leased space'' means a space leased by a Federal lessee that--
(A) will be occupied by Federal employees for nonmilitary activities; and
(B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Secretary of Homeland Security, and the Administrator.
(13) Highest-level owner.--The term ``highest-level owner'' means an entity that owns or controls--
(A) an immediate owner of the offeror of a lease for a high-security leased adjacent space; or
(B) 1 or more entities that control an immediate owner of the offeror of a lease described in subparagraph (A).
(14) Immediate owner.--The term ``immediate owner'' means an entity, other than the offeror of a lease for a high- security leased adjacent space, that has direct control of that offeror, including--
(A) ownership or interlocking management;
(B) identity of interests among family members;
(C) shared facilities and equipment; and
(D) the common use of employees.
(15) 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).
(16) Substantial economic benefits.--The term ``substantial economic benefits'', with respect to a natural person described in paragraph (2)(A)(ii), means having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity.
(17) United states person.--The term ``United States person'' means an individual who--
(A) is a citizen of the United States; or
(B) is an alien lawfully admitted for permanent residence in the United States.
(b) Government-wide Study.--
(1) Coordination study.--The Administrator, in coordination with the Director of the Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall carry out a Government-wide study examining options to assist agencies
(as defined in section 551 of title 5, United States Code) to produce a security assessment process for high-security leased adjacent space before entering into a lease or novation agreement with a covered entity for the purposes of accommodating a Federal tenant located in a high-security leased space.
(2) Contents.--The study required under paragraph (1)--
(A) shall evaluate how to produce a security assessment process that includes a process for assessing the threat level of each occupancy of a high-security leased adjacent space, including through--
(i) site-visits;
(ii) interviews; and
(iii) any other relevant activities determined necessary by the Director of the Federal Protective Service; and
(B) may include a process for collecting and using information on each immediate owner, highest-level owner, or beneficial owner of a covered entity that seeks to enter into a lease with a Federal lessee for a high-security leased adjacent space, including--
(i) name;
(ii) current residential or business street address; and
(iii) an identifying number or document that verifies identity as a United States person, a foreign person, or a foreign entity.
(3) Working group.--
(A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall establish a working group to assist in the carrying out of the study required under paragraph (1).
(B) No compensation.--A member of the working group established under subparagraph (A) shall receive no compensation as a result of serving on the working group.
(C) Sunset.--The working group established under subparagraph (A) shall terminate on the date on which the report required under paragraph (6) is submitted.
(4) Protection of information.--The Administrator shall ensure that any information collected pursuant to the study required under paragraph (1) shall not be made available to the public.
(5) Limitation.--Nothing in this subsection requires an entity located in the United States to provide information requested pursuant to the study required under paragraph (1).
(6) Report.--Not later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing--
(A) the results of the study required under paragraph (1); and
(B) how all applicable privacy laws and rights relating to the First and Fourth Amendments to the Constitution of the United States would be upheld and followed in--
(i) the security assessment process described in subparagraph (A) of paragraph (2); and
(ii) the information collection process described in subparagraph (B) of that paragraph.
(7) Limitation.--Nothing in this subsection authorizes a Federal entity to mandate information gathering unless specifically authorized by law.
(8) Prohibition.--No information collected pursuant the security assessment process described in paragraph (2)(A) may be used for law enforcement purposes.
(9) No additional funding.--No additional funds are authorized to be appropriated to carry out this subsection.
Subtitle B--Intergovernmental Critical Minerals Task Force
SEC. 11311. SHORT TITLE.
This subtitle may be cited as the ``Intergovernmental Critical Minerals Task Force Act''.
SEC. 11312. FINDINGS.
Congress finds that--
(1) current supply chains of critical minerals pose a great risk to the national security of the United States;
(2) critical minerals are necessary for transportation, technology, renewable energy, military equipment and machinery, and other relevant sectors crucial for the homeland and national security of the United States;
(3) in 2022, the United States was 100 percent import reliant for 12 out of 50 critical minerals and more than 50 percent import reliant for an additional 31 critical mineral commodities classified as ``critical'' by the United States Geological Survey, and the People's Republic of China was the top producing nation for 30 of those 50 critical minerals;
(4) as of July, 2023, companies based in the People's Republic of China that extract critical minerals around the world have received hundreds of charges of human rights violations;
(5) on March 26, 2014, the World Trade Organization ruled that the export restraints by the People's Republic of China on rare earth metals violated obligations under the protocol of accession to the World Trade Organization, which harmed manufacturers and workers in the United States; and
(6) the President has yet to submit to Congress the plans and recommendations that were due on the December 27, 2022, deadline under section 5(a) of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604(a)), which are intended to support a coherent national mineral and materials policy, including through intergovernmental and interagency coordination.
SEC. 11313. INTERGOVERNMENTAL CRITICAL MINERALS TASK FORCE.
(a) In General.--Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1604) is amended by adding at the end the following:
``(g) Intergovernmental Critical Minerals Task Force.--
``(1) Purposes.--The purposes of the task force established under paragraph (3)(B) are--
``(A) to assess the reliance of the United States on the People's Republic of China, and other covered countries, for critical minerals, and the resulting national security risks associated with that reliance, at each level of the Federal Government, Indian Tribes, and State, local, and territorial governments;
``(B) to make recommendations to the President for the implementation of this Act with regard to critical minerals, including--
``(i) the congressional declarations of policies in section 3; and
``(ii) revisions to the program plan of the President and the initiatives required under this section;
``(C) to make recommendations to secure United States and global supply chains for critical minerals;
``(D) to make recommendations to reduce the reliance of the United States, and partners and allies of the United States, on critical mineral supply chains involving covered countries; and
``(E) to facilitate cooperation, coordination, and mutual accountability among each level of the Federal Government, Indian Tribes, and State, local, and territorial governments, on a holistic response to the dependence on covered countries for critical minerals across the United States.
``(2) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committees on Homeland Security and Governmental Affairs, Energy and Natural Resources, Armed Services, Environment and Public Works, Commerce, Science, and Transportation, Finance, and Foreign Relations of the Senate; and
``(ii) the Committees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, and Foreign Affairs of the House of Representatives.
``(B) Chair.--The term `Chair' means a member of the Executive Office of the President, designated by the President pursuant to paragraph (3)(A).
``(C) Covered country.--The term `covered country' means--
``(i) a covered nation (as defined in section 4872(d) of title 10, United States Code); and
``(ii) any other country determined by the task force to be a geostrategic competitor or adversary of the United States with respect to critical minerals.
``(D) 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)).
``(E) 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).
``(F) Task force.--The term `task force' means the task force established under paragraph (3)(B).
``(3) Establishment.--Not later than 90 days after the date of enactment of this subsection, the President shall--
``(A) designate a Chair for the task force; and
``(B) acting through the Executive Office of the President, establish a task force.
``(4) Composition; meetings.--
``(A) Appointment.--The Chair, in consultation with key intergovernmental, private, and public sector stakeholders, shall appoint to the task force representatives with expertise in critical mineral supply chains from Federal agencies, Indian Tribes, and State, local, and territorial governments, including not less than 1 representative from each of--
``(i) the Bureau of Indian Affairs;
``(ii) the Bureau of Land Management;
``(iii) the Critical Minerals Subcommittee of the National Science and Technology Council;
``(iv) the Department of Agriculture;
``(v) the Department of Commerce;
``(vi) the Department of Defense;
``(vii) the Department of Energy;
``(viii) the Department of Homeland Security;
``(ix) the Department of the Interior;
``(x) the Department of Labor;
``(xi) the Department of State;
``(xii) the Department of Transportation;
``(xiii) the Environmental Protection Agency;
``(xiv) the Export-Import Bank of the United States
``(xv) the Forest Service;
``(xvi) the General Services Administration;
``(xvii) the National Science Foundation;
``(xviii) the Office of the United States Trade Representative;
``(xix) the United States International Development Finance Corporation;
``(xx) the United States Geological Survey; and
``(xxi) any other relevant Federal entity, as determined by the Chair.
``(B) Consultation.--The task force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries are involved in aspects of critical mineral supply chains, including mining and processing operations, and individuals from a diverse and balanced cross-section of--
``(i) intergovernmental consultees, including--
``(I) State governments;
``(II) local governments;
``(III) territorial governments; and
``(IV) Indian Tribes; and
``(ii) other stakeholders, including--
``(I) academic research institutions;
``(II) corporations;
``(III) nonprofit organizations;
``(IV) private sector stakeholders;
``(V) trade associations;
``(VI) mining industry stakeholders; and
``(VII) labor representatives.
``(C) Meetings.--
``(i) Initial meeting.--Not later than 90 days after the date on which all representatives of the task force have been appointed, the task force shall hold the first meeting of the task force.
``(ii) Frequency.--The task force shall meet not less than once every 90 days.
``(5) Duties.--
``(A) In general.--The duties of the task force shall include--
``(i) facilitating cooperation, coordination, and mutual accountability for the Federal Government, Indian Tribes, and State, local, and territorial governments to enhance data sharing and transparency to build more robust and secure domestic supply chains for critical minerals in support of the purposes described in paragraph (1);
``(ii) providing recommendations with respect to--
``(I) increasing capacities for mining, processing, refinement, reuse, and recycling of critical minerals in the United States to facilitate the environmentally responsible production of domestic resources to meet national critical mineral needs, in consultation with Tribal and local communities;
``(II) identifying how statutes, regulations, and policies related to the critical mineral supply chain, such as stockpiling and development finance, could be modified to accelerate environmentally responsible domestic and international production of critical minerals, in consultation with Indian Tribes and local communities;
``(III) strengthening the domestic workforce to support growing critical mineral supply chains with good-paying, safe jobs in the United States;
``(IV) identifying alternative domestic and global sources to critical minerals that the United States currently relies on the People's Republic of China or other covered countries for mining, processing, refining, and recycling, including the availability, cost, and quality of those domestic alternatives;
``(V) identifying critical minerals and critical mineral supply chains that the United States can onshore, at a competitive availability, cost, and quality, for those minerals and supply chains that the United States relies on the People's Republic of China or other covered countries to provide;
``(VI) opportunities for the Federal Government, Indian Tribes, and State, local, and territorial governments to mitigate risks to the national security of the United States with respect to supply chains for critical minerals that the United States currently relies on the People's Republic of China or other covered countries for mining, processing, refining, and recycling; and
``(VII) evaluating and integrating the recommendations of the Critical Minerals Subcommittee of the National Science and Technology Council into the recommendations of the task force.
``(iii) prioritizing the recommendations in clause (ii), taking into consideration economic costs and focusing on the critical mineral supply chains with vulnerabilities posing the most significant risks to the national security of the United States;
``(iv) recommending specific strategies, to be carried out in coordination with the Secretary of State and the Secretary of Commerce, to strengthen international partnerships in furtherance of critical minerals supply chain security with international allies and partners, including a strategy to collaborate with governments of the allies and partners described in subparagraph (B) to develop advanced mining, refining, separation and processing technologies; and
``(v) other duties, as determined by the Chair.
``(B) Allies and partners.--The allies and partners referred to subparagraph (A) include--
``(i) countries participating in the Quadrilateral Security Dialogue;
``(ii) countries that are--
``(I) signatories to the Abraham Accords; or
``(II) participants in the Negev Forum;
``(iii) countries that are members of the North Atlantic Treaty Organization; and
``(iv) other countries or multilateral partnerships the task force determines to be appropriate.
``(C) Report.--The Chair shall--
``(i) not later than 60 days after the date of enactment of this subsection, and every 60 days thereafter until the requirements under subsection (a) are satisfied, brief the appropriate committees of Congress on the status of the compliance of the President with completing the requirements under that subsection.
``(ii) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress a report, which shall be submitted in unclassified form, but may include a classified annex, that describes any findings, guidelines, and recommendations created in performing the duties under subparagraph (A);
``(iii) not later than 120 days after the date on which the Chair submits the report under clause (ii), publish that report in the Federal Register and on the website of the Office of Management and Budget, except that the Chair shall redact information from the report that the Chair determines could pose a risk to the national security of the United States by being publicly available; and
``(iv) brief the appropriate committees of Congress twice per year.
``(6) Sunset.--The task force shall terminate on the date that is 90 days after the date on which the task force completes the requirements under paragraph (5)(C).''.
(b) GAO Study.--
(1) Definition of critical minerals.--In this subsection, 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)).
(2) Study required.--The Comptroller General of the United States shall conduct a study examining the Federal and State regulatory landscape related to improving domestic supply chains for critical minerals in the United States.
(3) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report that describes the results of the study under paragraph (2).
Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program
Act of 2023
SEC. 11321. SHORT TITLE.
This subtitle may be cited as the ``Customs Trade Partnership Against Terrorism Pilot Program Act of 2023'' or the ``CTPAT Pilot Program Act of 2023''.
SEC. 11322. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate; and
(B) the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives.
(2) Ctpat.--The term ``CTPAT'' means the Customs Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act (6 U.S.C. 961 et seq.).
SEC. 11323. PILOT PROGRAM ON PARTICIPATION OF THIRD-PARTY
LOGISTICS PROVIDERS IN CTPAT.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT.
(2) Federal register notice.--Not later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1).
(b) Entities Described.--An entity described in this subsection is--
(1) a non-asset-based third-party logistics provider that--
(A) arranges international transportation of freight and is licensed by the Department of Transportation; and
(B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or
(2) an asset-based third-party logistics provider that--
(A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation;
(B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and
(C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2).
(c) Requirements.--In carrying out the pilot program required by subsection (a)(1), the Secretary shall--
(1) ensure that--
(A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and
(B) not more than 10 entities described in paragraph (2) of that subsection participate in the program;
(2) provide for the participation of those entities on a voluntary basis;
(3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and
(4) terminate the pilot program not more than 5 years after that date.
(d) Report Required.--Not later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities.
SEC. 11324. REPORT ON EFFECTIVENESS OF CTPAT.
(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 congressional committees a report assessing the effectiveness of CTPAT.
(b) Elements.--The report required by subsection (a) shall include the following:
(1) An analysis of--
(A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and
(B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT.
(2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period.
(3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants.
(4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT.
SEC. 11325. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.
Subtitle D--Military Spouse Employment Act
SEC. 11331. SHORT TITLE.
This subtitle may be cited as the ``Military Spouse Employment Act''.
SEC. 11332. APPOINTMENT OF MILITARY SPOUSES.
Section 3330d of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (3) as paragraph (4);
(B) by inserting after paragraph (2) the following:
``(3) The term `remote work' refers to a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis.''; and
(C) by adding at the end the following:
``(5) The term `telework' has the meaning given the term in section 6501.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or'' at the end;
(B) in paragraph (2), by striking the period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work.''; and
(3) in subsection (c)(1), by striking ``subsection (a)(3)'' and inserting ``subsection (a)(4)''.
SEC. 11333. GAO STUDY AND REPORT.
(a) Definitions.--In this section--
(1) the terms ``agency'' means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code;
(2) the term ``employee'' means an employee of an agency;
(3) the term ``remote work'' means a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis; and
(4) the term ``telework'' means a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.
(b) Requirement.--Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and publish a report regarding the use of remote work by agencies, which shall include a discussion of what is known regarding--
(1) the number of employees who are engaging in remote work;
(2) the role of remote work in agency recruitment and retention efforts;
(3) the geographic location of employees who engage in remote work;
(4) the effect that remote work has had on how often employees are reporting to officially established agency locations to perform the duties and responsibilities of the positions of those employees and other authorized activities; and
(5) how the use of remote work has affected Federal office space utilization and spending.
Subtitle E--Designation of Airports
SEC. 11341. DESIGNATION OF ADDITIONAL PORT OF ENTRY FOR THE
IMPORTATION AND EXPORTATION OF WILDLIFE AND
WILDLIFE PRODUCTS BY THE UNITED STATES FISH AND
WILDLIFE SERVICE.
(a) In General.--Subject to appropriations and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port 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.
(b) Criteria for Selecting Additional Designated Port.--The Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2021, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114-281.
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