S. 2226 — what changed

added “(C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph”

added “(B)

added “(i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2).

added “(ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 or to structures that are re-powered with updated technology in the same location as previously approved structures.”

added “(2) The term antenna structure project—

added “(A) means a project to construct a structure located within two nautical miles of any intercontinental ballistic missile launch facility or control center that is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and

added “(B) does not include any project in support of or required by an intercontinental ballistic missile launch facility or control center.”

added In order to effectively carry 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.), the Secretary of Defense shall carry out the following actions:

added Section 1154 of title 10, United States Code, is amended—

added “(C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”

added “(D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197).”

added Section 603(b)(5)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263; 136 Stat. 2621) is amended by striking “December 31, 2023” and inserting “June 30, 2024”.

added It is the sense of Congress that the Secretary of Defense should take all necessary steps to ensure members of the National Guard and the members of their families who are enrolled in TRICARE have timely access to mental and behavioral health care services through the TRICARE program.

added Section 8(a)(11) of the Small Business Act (15 U.S.C. 637(a)(11)) is amended—

added “(B) Subparagraph (A) shall not apply with respect to a contract entered into under this subsection with the Department of Defense.”

added It is the sense of Congress that—

added Section 8(d)(13) of the Small Business Act (15 U.S.C. 637(d)(13)) is amended—

added “(i) shall”

added “(i) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract.”

added “(E) Cooperation

added “(i) In general—Once a contracting officer determines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcontractor.

added “(ii) Duration—The duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered contract.”

added Section 15(g)(1)(A)(ii) of the Small Business Act (15 U.S.C. 644(g)(1)(A)(ii)) is amended by striking “3 percent” and inserting “5 percent”.

added Section 1302(b)(1) of title 41, United States Code, is amended—

added “(E) the Administrator of the Small Business Administration.”

added Section 3771(b) of title 10, United States Code, is amended—

added “(iii) is a release, disclosure, or use of detailed manufacturing or process data—

added “(I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and

added “(II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or”

added “(a) Certain unremarried former spouses—The Secretary of Defense”

added “(b) Certain remarried surviving spouses—The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.”

added “(c) MWR retail facilities defined—In this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title.”

added “1062. Certain former spouses and surviving spouses”

added There is authorized to be appropriated to the Secretary of Veterans Affairs $10,000,000 for the Office of Women's Health of the Department of Veterans Affairs under section 7310 of title 38, United States Code, to be used by the Secretary to expand access of women veterans to—

added The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following:

added “VIII Protection of covered sectors

added “801. Definitions

added “In this title:

added “(1) Appropriate congressional committees—The term appropriate congressional committees means—

added “(A) the Committee on Armed Services, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and

added “(B) the Committee on Armed Services, the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives.

added “(2) Country of concern—The term country of concern means, subject to such regulations as may be prescribed in accordance with section 806, a country specified in section 4872(d)(2) of title 10, United States Code.

added “(3) Covered activity

added “(A) In general—Subject to such regulations as may be prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered activity means any activity engaged in by a United States person in a related to a covered sector that involves—

added “(i) an acquisition by such United States person of an equity interest or contingent equity interest, or monetary capital contribution, in a covered foreign entity, directly or indirectly, by contractual commitment or otherwise, with the goal of generating income or gain;

added “(ii) an arrangement for an interest held by such United States person in the short- or long-term debt obligations of a covered foreign entity that includes governance rights that are characteristic of an equity investment, management, or other important rights, as defined in regulations prescribed in accordance with section 806;

added “(iii) the establishment of a wholly owned subsidiary in a country of concern, such as a greenfield investment, for the purpose of production, design, testing, manufacturing, fabrication, or development related to one or more covered sectors;

added “(iv) the establishment by such United States person of a joint venture in a country of concern or with a covered foreign entity for the purpose of production, design, testing, manufacturing, fabrication, or research involving one or more covered sectors, or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation, including through the transfer of capital or intellectual property or other business proprietary information; or

added “(v) the acquisition by a United States person with a covered foreign entity of—

added “(I) operational cooperation, such as through supply or support arrangements;

added “(II) the right to board representation (as an observer, even if limited, or as a member) or an executive role (as may be defined through regulation) in a covered foreign entity;

added “(III) the ability to direct or influence such operational decisions as may be defined through such regulations;

added “(IV) formal governance representation in any operating affiliate, like a portfolio company, of a covered foreign entity; or

added “(V) a new relationship to share or provide business services, such as but not limited to financial services, marketing services, maintenance, or assembly functions, related to a covered sectors.

added “(B) Exceptions—The term covered activity does not include—

added “(i) any transaction the value of which the Secretary of the Treasury determines is de minimis, as defined in regulations prescribed in accordance with section 806;

added “(ii) any category of transactions that the Secretary determines is in the national interest of the United States, as may be defined in regulations prescribed in accordance with section 806; or

added “(iii) any ordinary or administrative business transaction as may be defined in such regulations.

added “(4) Covered foreign entity

added “(A) In general—Subject to regulations prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered foreign entity means—

added “(i) any entity that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;

added “(ii) any entity the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern;

added “(iii) any entity in which any entity described in subclause (i) or (ii) holds, individually or in the aggregate, directly or indirectly, an ownership interest of greater than 50 percent; or

added “(iv) any other entity that is not a United States person and that meets such criteria as may be specified by the Secretary of the Treasury in such regulations.

added “(B) Exception—The term covered foreign entity does not include any entity described in subparagraph (A) that can demonstrate that a majority of the equity interest in the entity is ultimately owned by—

added “(i) nationals of the United States; or

added “(ii) nationals of such countries (other than countries of concern) as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section 806.

added “(5) covered sectors—Subject to regulations prescribed in accordance with section 806, the term covered sectors includes sectors within the following areas, as specified in such regulations:

added “(A) Advanced semiconductors and microelectronics.

added “(B) Artificial intelligence.

added “(C) Quantum information science and technology.

added “(D) Hypersonics.

added “(E) Satellite-based communications.

added “(F) Networked laser scanning systems with dual-use applications.

added “(6) Party—The term party, with respect to an activity, has the meaning given that term in regulations prescribed in accordance with section 806.

added “(7) United States—The term United States means the several States, the District of Columbia, and any territory or possession of the United States.

added “(8) United States person—The term United States person means—

added “(A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and

added “(B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States.

added “802. Administration of United States investment notification

added “(a) In general—The President shall delegate the authorities and functions under this title to the Secretary of the Treasury.

added “(b) Coordination—In carrying out the duties of the Secretary under this title, the Secretary shall—

added “(1) coordinate with the Secretary of Commerce; and

added “(2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence.

added “803. Mandatory notification of covered activities

added “(a) Mandatory notification

added “(1) In general—Subject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall—

added “(A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and

added “(B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity.

added “(2) Circulation of notification

added “(A) In general—The Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness.

added “(B) Incomplete notifications—If a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete.

added “(3) Identification of non-notified activity—The Secretary shall establish a process to identify covered activity for which—

added “(A) a notification is not submitted to the Secretary under paragraph (1); and

added “(B) information is reasonably available.

added “(b) Confidentiality of information

added “(1) In general—Except as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress.

added “(2) Exceptions—The exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following:

added “(A) Information relevant to any administrative or judicial action or proceeding.

added “(B) Information provided to Congress or any of the appropriate congressional committees.

added “(C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.

added “(D) Information that the parties have consented to be disclosed to third parties.

added “804. Reporting requirements

added “(a) In general—Not later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that—

added “(1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification—

added “(A) basic information on each party to the covered activity with respect to which the notification was submitted; and

added “(B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification;

added “(2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern;

added “(3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications;

added “(4) includes a description of the national security risks associated with—

added “(A) the covered activities with respect to which those notifications were submitted; or

added “(B) categories of such activities; and

added “(5) assesses the overall impact of those notifications, including recommendations for—

added “(A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns;

added “(B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and

added “(C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of country of concern under section 801(2) should be amended to add or remove countries.

added “(b) Form of report—Each report required by this section shall be submitted in unclassified form, but may include a classified annex.

added “(c) Testimony required—Not later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows.

added “805. Penalties and enforcement

added “(a) Penalties with respect to unlawful acts—Subject to regulations prescribed in accordance with section 806, it shall be unlawful—

added “(1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or

added “(2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title.

added “(b) Enforcement—The President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title.

added “806. Requirement for regulations

added “(a) In general—Not later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title.

added “(b) Elements—Regulations prescribed to carry out this title shall include specific examples of the types of—

added “(1) activities that will be considered to be covered activities; and

added “(2) the specific sectors and subsectors that may be considered to be covered sectors.

added “(c) Requirements for certain regulations—The Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including covered activity, covered foreign entity, and party, in accordance with subchapter II of chapter 5 and chapter 7 of title 5 (commonly known as the “Administrative Procedure Act”).

added “(d) Public participation in rulemaking—The provisions of section 709 shall apply to any regulations issued under this title.

added “(e) Low-burden regulations—In prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations—

added “(1) to minimize the cost and complexity of compliance for affected parties;.

added “(2) to ensure the benefits of the regulations outweigh their costs;

added “(3) to adopt the least burdensome alternative that achieves regulatory objectives;

added “(4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and

added “(5) to regularly review and streamline existing regulations to reduce redundancy and complexity.

added “807. Multilateral engagement and coordination

added “(a) In general—The President shall delegate the authorities and functions under this section to the Secretary of State.

added “(b) Authorities—The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall—

added “(1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and

added “(2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities.

added “(c) Strategy for development of outbound investment screening mechanisms—The Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall—

added “(1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and

added “(2) provide technical assistance to those countries with respect to the development of those mechanisms.

added “(d) Report—Not later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners,

added “808. Authorization of appropriations

added “(a) In general—There are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title.

added “(b) Hiring authority—The head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title.

added “809. Rule of construction with respect to free and fair commerce

added “Nothing in this title may be construed to restrain or deter foreign investment in the United States, United States investment abroad, or trade in goods or services, if such investment and trade do not pose a risk to the national security of the United States.”

added Section 721 of the Defense Production Act of 1950 (50 U.S.C. 4565) is amended—

added “(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.”

added “(vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture.

added “(vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is—

added “(I) located in the United States;

added “(II) used in agriculture; and

added “(III) more than 320 acres or valued in excess of $5,000,000.”

added “(14) Agriculture—The term agriculture has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).”

added “(H) The Secretary of Agriculture (nonvoting, ex officio).”

added “(r) Prohibition with respect to agricultural companies and real estate

added “(1) In general—Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction.

added “(2) Waiver—The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition.

added “(3) Defined terms—In this subsection:

added “(A) Covered person

added “(i) In general—Except as provided by clause (ii), the term covered person—

added “(I) has the meaning given the term “a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary” in section 7.2 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024), except that each reference to “foreign adversary” in that definition shall be deemed to be a reference to the government of a covered country; and

added “(II) includes an entity that—

added “(aa) is registered in or organized under the laws of a covered country;

added “(bb) has a principal place of business in a covered country; or

added “(cc) has a subsidiary with a principal place of business in a covered country.

added “(ii) Exclusions—The term covered person does not include a United States citizen or an alien lawfully admitted for permanent residence to the United States.

added “(B) Covered country—The term covered country means any of the following:

added “(i) The People's Republic of China.

added “(ii) The Russian Federation.

added “(iii) The Islamic Republic of Iran.

added “(iv) The Democratic People's Republic of Korea.”

added “(5) The term Federal agency means an agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government.”

added “(13) The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.”

added “(III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or

added “(IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and”

added “(A) Limit

added “(i) In general—The”

added “(ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania—The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time.”

added “3353. Special Fund

added “(a) In general—There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the “Special Fund”), consisting of amounts deposited into the Special Fund under subsection (b).

added “(b) Amount—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033.

added “(c) Uses of funds—Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)).

added “(d) Remaining amounts—Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.

added “3354. Pentagon/Shanksville Fund

added “(a) In general—There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the “Pentagon/Shanksville Fund”), consisting of amounts deposited into the Pentagon/Shanksville Fund under subsection (b).

added “(b) Amount—Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033.

added “(c) Uses of funds

added “(1) In general—Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i).

added “(2) Limitation on other funding—Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1).

added “(d) Remaining amounts—Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts.”

added “(i) In general—If the Secretary”

added “(ii) Primary purpose of delaying

added “(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:

added “(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition.

added “(bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition.

added “(cc) 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.

added “(dd) 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.

added “(ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition.

added “(ff) 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.

added “(gg) 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.

added “(hh) 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.

added “(ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance.

added “(II) Guidance—The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).”

added “(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.

added “(B) Timely submission of citizen petition—A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement.”

added “(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.”

added “(D) Dismissal of certain civil actions

added “(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.

added “(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.

added “(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.”

added Section 2(h) of the Firefighter Cancer Registry Act of 2018 (42 U.S.C. 280e–5(h)) is amended by striking “$2,500,000 for each of the fiscal years 2018 through 2022” and inserting “$5,500,000 for each of fiscal years 2024 through 2028”.

added The Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on its financial statements by October 1, 2027.

added Not later than November 1, 2023, the Secretary of the Air Force shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the potential increase in air refueling capacity and cost savings, including manpower, to be achieved by making all Air National Guard KC–135 units active associations.

added “148. U.S. Hostage and Wrongful Detainee Day

added “(a) Designation—March 9 is U.S. Hostage and Wrongful Detainee Day.

added “(b) Proclamation—The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities.”

added “904. Hostage and Wrongful Detainee flag

added “(a) Designation—The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad.

added “(b) Required display

added “(1) In general—The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2).

added “(2) Days specified—The days specified in this paragraph are the following:

added “(A) U.S. Hostage and Wrongful Detainee Day, March 9.

added “(B) Flag Day, June 14.

added “(C) Independence Day, July 4.

added “(D) Any day on which a citizen or lawful permanent resident of the United States—

added “(i) returns to the United States from being held hostage or wrongfully detained abroad; or

added “(ii) dies while being held hostage or wrongfully detained abroad.

added “(3) Locations specified—The locations specified in this paragraph are the following:

added “(A) The Capitol.

added “(B) The White House.

added “(C) The buildings containing the official office of—

added “(i) the Secretary of State; and

added “(ii) the Secretary of Defense.

added “(c) Display To be in a manner visible to the public—Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public.

added “(d) Limitation—This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag.”

added Title XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4651 et seq.) is amended—

added “(h) Authority relating to environmental review

added “(1) In general—Notwithstanding any other provision of law, the provision by the Secretary of Federal financial assistance for a project described in this section that satisfies the requirements under subsection (a)(2)(C)(i) of this section shall not be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code, if—

added “(A) the activity described in the application for that project has commenced not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2024;

added “(B) the Federal financial assistance provided is in the form of a loan or loan guarantee; or

added “(C) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises not more than 10 percent of the total estimated cost of the project.

added “(2) Savings clause—Nothing in this subsection may be construed as altering whether an activity described in subparagraph (A), (B), or (C) of paragraph (1) is considered to be a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, United States Code, for a reason other than that the activity is eligible for Federal financial assistance provided under this section.”

added “(c) Lead Federal agency and cooperating agencies

added “(1) Definition—In this subsection, the term lead agency has the meaning given the term in section 111 of NEPA.

added “(2) Option to serve as lead agency—With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA.

added “(d) Categorical exclusions

added “(1) Establishment of categorical exclusions—Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on the date of enactment of this subsection, is available for use by the Secretary with respect to a covered activity:

added “(A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equipment) in the document entitled “EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required” (Directive No. 17.02–2; effective date October 14, 1992).

added “(B) Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.

added “(C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation.

added “(D) The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation.

added “(E) Categorical exclusion (c)(1) in Appendix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation.

added “(F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any successor regulation.

added “(2) Additional categorical exclusions—Notwithstanding any other provision of law, each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section 1501.4 of title 40, Code of Federal Regulations, or any successor regulation:

added “(A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if the facility that is the subject of the project is on or adjacent to a site—

added “(i) that is owned or leased by the covered entity to which Federal financial assistance is provided for that project; and

added “(ii) on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construction, expansion, or modernization is being or has been carried out, such that the facility would not more than double existing developed acreage or on-site supporting infrastructure.

added “(B) The provision by the Secretary of Defense of any Federal financial assistance relating to—

added “(i) the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1); or

added “(ii) carrying out section 9903(b), as in effect on the date of enactment of this subsection.

added “(C) Any activity undertaken by the Secretary relating to carrying out section 9906, as in effect on the date of enactment of this subsection.

added “(e) Incorporation of prior planning decisions

added “(1) Definition—In this subsection, the term prior studies and decisions means baseline data, planning documents, studies, analyses, decisions, and documentation that a Federal agency has completed for a project (or that have been completed under the laws and procedures of a State or Indian Tribe), including for determining the reasonable range of alternatives for that project.

added “(2) Reliance on prior studies and decisions—In completing an environmental review under NEPA for a covered activity, the Secretary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that—

added “(A) those prior studies and decisions meet the standards for an adequate statement, assessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA;

added “(B) in the case of prior studies and decisions completed under the laws and procedures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or

added “(C) if applicable, the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA.

added “(f) Definitions—In this section:

added “(1) Covered activity—The term covered activity means any activity relating to the construction, expansion, or modernization of a facility, the investment in which is eligible for Federal financial assistance under section 9902 or 9906.

added “(2) NEPA—The term NEPA means the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”

added Section 201 of title 18, United States Code, is amended—

added “(4) the term foreign official means—

added “(A)

added “(i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or

added “(ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation;

added “(B) any official or employee of a public international organization;

added “(C) any person acting in an official capacity for or on behalf of—

added “(i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or

added “(ii) a public international organization; or

added “(D) any person acting in an unofficial capacity for or on behalf of—

added “(i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or

added “(ii) a public international organization; and

added “(5) the term public international organization means—

added “(A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. 288); or

added “(B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register.”

added “(f) Prohibition of demand for a bribe

added “(1) Offense—It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce, from any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–3), except that that definition shall be applied without regard to whether the person is an offender) while in the territory of the United States, from an issuer (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), or from a domestic concern (as defined in section 104 of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2)), in return for—

added “(A) being influenced in the performance of any official act;

added “(B) being induced to do or omit to do any act in violation of the official duty of such foreign official or person; or

added “(C) conferring any improper advantage,

added “(2) Penalties—Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both.

added “(3) Jurisdiction—An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction.

added “(4) Report—Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report—

added “(A) focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases;

added “(B) addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities;

added “(C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed;

added “(D) evaluating the effectiveness of the Department of Justice in enforcing this section; and

added “(E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section.

added “(5) Rule of construction—This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1) or section 104 or 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2; 15 U.S.C. 78dd–3) whether pursuant to a theory of direct liability, conspiracy, complicity, or otherwise.”

added Section 484C(a) of the Higher Education Act of 1965 (20 U.S.C. 1091c(a)) is amended to read as follows:

added “(a) Definition of Service in the Uniformed Services—In this section, the term service in the uniformed services means service (whether voluntary or involuntary) on active duty in the Armed Forces, including such service by a member of the National Guard or Reserve.”

added This subtitle may be cited as the “American Security Drone Act of 2023”.

added In this subtitle:

added Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity.

added Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities.

added Sections 1093, 1094, and 1095 shall cease to have effect on the date that is five years after the date of the enactment of this Act.

added “5A. Claims relating to Manhattan Project waste

added “(a) In general—A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if—

added “(1) a claim for compensation is filed with the Attorney General—

added “(A) by an individual described in paragraph (2); or

added “(B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as—

added “(i) an executor of estate of that individual; or

added “(ii) a legal guardian or conservator of that individual;

added “(2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual—

added “(A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and

added “(B) contracted a specified disease after such period of physical presence;

added “(3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and

added “(4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act.

added “(b) Losses available to living affected individuals

added “(1) In general—In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2).

added “(2) Losses due to medical expenses—A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through—

added “(A) any public or private health insurance;

added “(B) any employee health insurance;

added “(C) any workers’ compensation program; or

added “(D) any other public, private, or employee health program or benefit.

added “(c) Payments to beneficiaries of deceased individuals—In the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim—

added “(1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or

added “(2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child.

added “(d) Affected area—For purposes of this section, the term affected area means, in the State of Missouri, the ZIP Codes of 63031, 63033, 63034, 63042, 63045, 63074, 63114, 63135, 63138, 63044, 63140, 63145, 63147, 63102, 63304, 63134, 63043, 63341, 63368, and 63367.

added “(e) Specified disease—For purposes of this section, the term specified disease means any of the following:

added “(1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure.

added “(2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure:

added “(A) Multiple myeloma.

added “(B) Lymphoma, other than Hodgkin’s disease.

added “(C) Type 1 or type 2 diabetes.

added “(D) Systemic lupus erythematosus.

added “(E) Multiple sclerosis.

added “(F) Hashimoto’s disease.

added “(G) Primary cancer of the—

added “(i) thyroid;

added “(ii) male or female breast;

added “(iii) esophagus;

added “(iv) stomach;

added “(v) pharynx;

added “(vi) small intestine;

added “(vii) pancreas;

added “(viii) bile ducts;

added “(ix) gall bladder;

added “(x) salivary gland;

added “(xi) urinary bladder;

added “(xii) brain;

added “(xiii) colon;

added “(xiv) ovary;

added “(xv) liver, except if cirrhosis or hepatitis B is indicated;

added “(xvi) lung;

added “(xvii) bone; or

added “(xviii) kidney.

added “(f) Physical presence—For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area.

added “(g) Disease contraction in affected areas—For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease.”

added This part may be cited as the “Radiation Exposure Compensation Act Amendments of 2023”.

added Except as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note).

added Section 3(d) is amended—

added “(III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962;

added “(IV) was physically present in an affected area—

added “(aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or

added “(bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or”

added “(B) Amount—If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000.”

added “(C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962;

added “(D) was physically present in an affected area—

added “(i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or

added “(ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or”

added “(5) Medical Benefits—An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t).”

added “(1) “affected area” means—

added “(A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam;

added “(B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and

added “(C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam.”

added “(II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and”

added “(III)

added “(aa) does not meet the conditions of subclause (I) or (II);

added “(bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter;

added “(cc) meets the requirements of paragraph (4) or (5), or both; and

added “(dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb);”

added “(4) Special rule relating to combined work histories for individuals with at least one year of experience—An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I).

added “(5) Special rule relating to combined work histories for miners—An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4).”

added “(9) the term core driller means any individual employed to engage in the act or process of obtaining cylindrical rock samples of uranium or vanadium by means of a borehole drilling machine for the purpose of mining uranium or vanadium.”

added “(3) Affidavits

added “(A) Employment History—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit—

added “(i) is provided in addition to other material that may be used to substantiate the employment history of the individual;

added “(ii) attests to the employment history of the individual;

added “(iii) is made subject to penalty for perjury; and

added “(iv) is made by a person other than the individual filing the claim.

added “(B) Physical Presence in Affected Area—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit—

added “(i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period;

added “(ii) attests to the individual’s presence in an affected area during that period;

added “(iii) is made subject to penalty for perjury; and

added “(iv) is made by a person other than the individual filing the claim.

added “(C) Participation at Testing Site—For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit—

added “(i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;

added “(ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device;

added “(iii) is made subject to penalty for perjury; and

added “(iv) is made by a person other than the individual filing the claim.”

added “(b) Resubmittal of claims

added “(1) Denied claims—After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who has been denied compensation under this Act may resubmit a claim for consideration by the Attorney General in accordance with this Act not more than three times. Any resubmittal made before the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 shall not be applied to the limitation under the preceding sentence.

added “(2) Previously successful claims

added “(A) In general—After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023, any claimant who received compensation under this Act may submit a request to the Attorney General for additional compensation and benefits. Such request shall contain—

added “(i) the claimant’s name, social security number, and date of birth;

added “(ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023;

added “(iii) any additional benefits and compensation sought through such request; and

added “(iv) any additional information required by the Attorney General.

added “(B) Additional Compensation—If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 and submits a request under subparagraph (A), the Attorney General shall—

added “(i) pay the claimant the amount that is equal to any excess of—

added “(I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023); minus

added “(II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023; and

added “(ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5).”

added “(A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if—

added “(i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or

added “(ii) that individual—

added “(I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, or any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act; and

added “(II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990.”

added “(1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees—

added “(A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and

added “(B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, who likely were exposed to radiation at that mine or mill but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received.”

added “(b) Designation of additional members

added “(1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—

added “(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and

added “(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.

added “(2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) located in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon, Texas, and any State the Attorney General makes a determination under section 5(a)(2) of that Act for inclusion of eligibility under section 5(a)(1) of that Act, at any time during the period beginning on January 1, 1942, and ending on December 31, 1990, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that—

added “(A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and

added “(B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.”

added Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal functional regulators, as defined in section 1010.100 of title 31, Code of Federal Regulations, shall establish a risk-focused examination and review process for financial institutions, as defined in that section, to assess the following relating to crypto assets, as determined by the Secretary:

added Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report and provide a briefing, as determined by the Secretary, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that assess the following issues:

added This subtitle may be cited as the “Combating Cartels on Social Media Act of 2023”.

added In this subtitle:

added Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing—

added Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State.

added No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle.