Division E — Other Matters

118th Congress · Approved Dec 22, 2023 · 137 Stat. 136

DIVISION E Other Matters

TITLE L Veterans Affairs Matters

SEC. 5001. Adjustment of Threshold Amount for Minor Medical Facility Projects of Department of Veterans Affairs.

Section 8104(a) of title 38, United States Code, is amended—

(1)

in paragraph (3)(A), by striking “ $20,000,000” each place it appears and inserting “ the amount specified in paragraph (4)”; and

(2)

by adding at the end the following new paragraph:

“(4)

(A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph.

“(B)

(i) The Secretary may annually adjust the amount specified in this paragraph to reflect a percentage increase, if any, in construction costs during the prior calendar year, as determined by—

“(I) the relevant composite construction and lease cost indices pursuant to section 3307(h) of title 40, or any similar successor index developed by the Administrator of the General Services Administration; or

“(II) the Producer Price Index for New Health Care Building Construction published by the Bureau of Labor Statistics of the Department of Labor, or any similar successor index developed by the Secretary of Labor.

“(ii) If there is no percentage increase in construction costs determined as described in clause (i) for a calendar year, the Secretary may not adjust the amount specified in subparagraph (A) for that year.

“(C) If the Secretary adjusts the amount specified in this paragraph, the Secretary shall publish a notice of such adjustment in the Federal Register.

“(D) Not later than 30 days before adjusting the amount specified in this paragraph, the Secretary shall notify the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

“(E) The Secretary shall determine a logical schedule for adjustments under this paragraph to take effect so that the amounts for and types of construction projects requested by the Department in the budget of the President under section 1105(a) of title 31 are consistent with the threshold for construction projects as so adjusted.”

SEC. 5002. Grave Markers at Santa Fe National Cemetery, New Mexico.

(a)

Repeal of Authority to Provide Flat Grave Markers.— Section 612 of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; 38 U.S.C. 2404 note) is hereby repealed.

(b)

Study Required.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives, and make publicly available, a report on the cost of replacing the flat grave markers that were provided under such section 612 at the Santa Fe National Cemetery, New Mexico, with upright grave markers.

SEC. 5003. Improving Processing by Department of Veterans Affairs of Disability Claims for Post-Traumatic Stress Disorder Through Improved Training.

(a)

Formal Process for Conduct of Annual Analysis of Training Needs Based on Trends.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for post-traumatic stress disorder, based on identified processing error trends.

(b)

Formal Process for Conduct of Annual Studies to Support Annual Analysis.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (a).

(2)

Elements.— Each study conducted under paragraph (1) shall cover the following:

(A)

Military post-traumatic stress disorder stressors.

(B)

Decision-making claims for claims processors.

TITLE LI Judiciary Matters

SEC. 5101. Prohibition of Demand for Bribe.

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

(1)

in subsection (a)—

(A)

in paragraph (2), by striking “ and” at the end;

(B)

in paragraph (3), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(4) the term ‘foreign official’ means—

“(A)

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

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

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

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

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

“(ii) a public international organization; or

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

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

“(ii) a public international organization; and

“(5) the term ‘public international organization’ means—

“(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

“(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.”

; and

(2)

by adding at the end the following:

“(f) Prohibition of Demand for a Bribe.—

“(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—

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

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

“(C) conferring any improper advantage,

“(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.

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

“(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—

“(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;

“(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;

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

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

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

“(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.”

SEC. 5102. Preventing Child Sex Abuse.

(a)

Short Title.— This section may be cited as the “Preventing Child Sex Abuse Act of 2023”.

(b)

Sense of Congress.— The sense of Congress is the following:

(1)

The safety of children should be a top priority for public officials and communities in the United States.

(2)

According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison.

(3)

The effects of child sexual abuse can be long-lasting and affect the victim’s mental health.

(4)

Victims are more likely than non-victims to experience the following mental health challenges:

(A)

Victims are about 4 times more likely to develop symptoms of drug abuse.

(B)

Victims are about 4 times more likely to experience post-traumatic stress disorder as adults.

(C)

Victims are about 3 times more likely to experience a major depressive episode as adults.

(5)

The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable.

(6)

However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct.

(7)

The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children.

(8)

It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity.

(9)

Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel.

(10)

Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse.

(11)

However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as “sexual activity”.

(12)

Congress can address this issue by amending the definition of the term “sexual activity” to clarify that it does not require interpersonal, physical contact.

(13)

It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law.

(c)

Interstate Child Sexual Abuse.— Section 2423 of title 18, United States Code, is amended—

(1)

in subsection (b), by striking “ with a motivating purpose of engaging in any illicit sexual conduct with another person” and inserting “ with intent to engage in any illicit sexual conduct with another person”;

(2)

by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively;

(3)

in subsection (e), as so redesignated, by striking “ with a motivating purpose of engaging in any illicit sexual conduct” and inserting “ with intent to engage in any illicit sexual conduct”; and

(4)

by inserting after subsection (g), as so redesignated, the following:

“(h) Rule of Construction.—As used in this section, the term ‘intent’ shall be construed as any intention to engage in prostitution, sexual activity for which any person can be charged with a criminal offense, or illicit sexual conduct, as applicable, at the time of the transportation or travel.”

(d)

Abuse Under the Guise of Charity.— Section 2423 of title 18, United States Code, as amended by subsection (c) of this section, is amended—

(1)

by inserting after subsection (c) the following:

“(d) Illicit Sexual Conduct in Connection With Certain Organizations.—Any citizen of the United States or alien admitted for permanent residence who—

“(1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce;

“(2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and

“(3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization,

(2)

in subsection (f), as so redesignated, by striking “ or (d)” and inserting “ (d), or (e)”; and

(3)

in subsection (i), as so redesignated, by striking “ (f)(2)” and inserting “ (g)(2)”.

(e)

Sexual Activity With Minors.— Section 2427 of title 18, United States Code, is amended by inserting “ does not require interpersonal physical contact, and” before “ includes”.

SEC. 5103. Recognition as Corporation and Grant of Federal Charter for National American Indian Veterans, Incorporated.

(a)

In General.— Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following:

“CHAPTER 1504— NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED

“150401. Organization.

“150402. Purposes.

“150403. Membership.

“150404. Board of directors.

“150405. Officers.

“150406. Nondiscrimination.

“150407. Powers.

“150408. Exclusive right to name, seals, emblems, and badges.

“150409. Restrictions.

“150410. Duty to maintain tax-exempt status.

“150411. Records and inspection.

“150412. Service of process.

“150413. Liability for acts of officers and agents.

“150414. Failure to comply with requirements.

“150415. Annual report.

“§ 150401 Organization

“The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the ‘corporation’), is a federally chartered corporation.

“§ 150402. Purposes

“The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment—

“(1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations;

“(2) to unite under one body all American Indian veterans who served in the Armed Forces of United States;

“(3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war;

“(4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans;

“(5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies;

“(6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and

“(7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by—

“(A) providing outreach service to Indian Tribes in need; and

“(B) training and educating Tribal Veterans Service Officers for Indian Tribes in need.

“§ 150403. Membership

“Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation.

“§ 150404. Board of directors

“Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated.

“§ 150405. Officers

“Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated.

“§ 150406. Nondiscrimination

“In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age.

“§ 150407. Powers

“The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated.

“§ 150408. Exclusive right to name, seals, emblems, and badges

“(a) In General.—The corporation shall have the sole and exclusive right to use the names ‘National American Indian Veterans, Incorporated’ and ‘National American Indian Veterans’, and such seals, emblems, and badges as the corporation may lawfully adopt.

“(b) Effect.—Nothing in this section interferes or conflicts with any established or vested rights.

“§ 150409. Restrictions

“(a) Stock and Dividends.—The corporation may not—

“(1) issue any shares of stock; or

“(2) declare or pay any dividends.

“(b) Distribution of Income or Assets.—

“(1) In general.—The income or assets of the corporation may not—

“(A) inure to any person who is a member, officer, or director of the corporation; or

“(B) be distributed to any such person during the life of the charter granted by this chapter.

“(2) Effect.—Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors.

“(c) Loans.—The corporation may not make any loan to any officer, director, member, or employee of the corporation.

“(d) No Federal Endorsement.—The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation.

“§ 150410. Duty to maintain tax-exempt status

“The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986.

“§ 150411. Records and inspection

“(a) Records.—The corporation shall keep—

“(1) correct and complete books and records of accounts;

“(2) minutes of any proceeding of the corporation involving any member of the corporation, the board of directors, or any committee having authority under the board of directors; and

“(3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote.

“(b) Inspection.—

“(1) In general.—All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time.

“(2) Effect.—Nothing in this section contravenes—

“(A) the laws of the jurisdiction under which the corporation is incorporated; or

“(B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.

“§ 150412. Service of process

“With respect to service of process, the corporation shall comply with the laws of—

“(1) the jurisdiction under which the corporation is incorporated; and

“(2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation.

“§ 150413. Liability for acts of officers and agents

“The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority.

“§ 150414. Failure to comply with requirements

“If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire.

“§ 150415. Annual report

“(a) In General.—The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year.

“(b) Submittal Date.—Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b).

“(c) Report Not Public Document.—No annual report under this section shall be printed as a public document.”

(b)

Clerical Amendment.— The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following:

“1504. National American Indian Veterans, Incorporated 150401”.

SEC. 5104. Visa Availability for Government Employee Immigrant Visa Program.

(a)

In General.— Beginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) if a visa is not immediately available for issuance to the special immigrant under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)).

(b)

Numerical Limitations.—

(1)

Fiscal year 2024.— For fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a).

(2)

Subsequent fiscal years.— For fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a).

(c)

Temporary Reduction in Diversity Visas.— Section 203(d)(2) of the Nicaraguan Adjustment and Central America Relief Act (8 U.S.C. 1151 note; Public Law 105–100) is amended—

(1)

by amending paragraph (2) to read as follows:

“(2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which—

“(A) the sum of—

“(i) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note; Public Law 104–208) who have adjusted their status to that of aliens lawfully admitted for permanent residence under section 202 of the Nicaraguan Adjustment and Central American Relief Act (Public Law 105–100; 8 U.S.C. 1255 note) as of the end of the previous fiscal year; and

“(ii) the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) for whom visas shall have been made available under section 5104 of the National Defense Authorization Act for Fiscal Year 2024 as of the end of the previous fiscal year; exceeds

“(B) the total of the reductions in available visas under this subsection for all previous fiscal years.”

; and

(2)

by adding at the end the following:

“(3)

(A) Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the sum calculated under paragraph (2)(A), minus the number in paragraph (2)(B), is zero.

“(B) Nothing in this paragraph may be construed—

“(i) to repeal, modify, or render permanently inapplicable paragraph (1); or

“(ii) to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024.

“(4) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act (8 U.S.C. 1151(e)) is reduced to a number fewer than 50,000, not fewer than 3,000 of such visas shall be made available for individuals described in section 5104 of the National Defense Authorization Act for Fiscal Year 2024.”

(d)

Rule of Construction.— Nothing in this section or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)) to special immigrants described in section 101(a)(27)(D) of that Act (8 U.S.C. 1101(a)(27)(D)).

TITLE LII Oversight and Accountability Matters

SEC. 5201. 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.”

TITLE LIII Federal Data and Information Security

SEC. 5301. Short Title.

This title may be cited as the “Federal Data Center Enhancement Act of 2023”.

SEC. 5302. 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 title, 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, including costs related to the facility, energy consumption, and related infrastructure;

“(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 data center solutions, including hybrid cloud, multi-cloud, co-location, interconnection, or cloud computing (as defined in section 3607 of this Chapter) 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 title, 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 LIV Foreign Affairs Matters

Subtitle A Combating Global Corruption

SEC. 5401. Short Title.

This subtitle may be cited as the “Combating Global Corruption Act”.

SEC. 5402. Definitions.

In this subtitle:

(1)

The term “appropriate congressional committees” means—

(A)

the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and

(B)

the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives.

(2)

The term “corrupt actor” means—

(A)

any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and

(B)

any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption.

(3)

The term “corruption” means the unlawful exercise of entrusted public power for private gain, including by bribery, nepotism, fraud, or embezzlement.

(4)

The term “significant corruption” means corruption committed at a high level of government that has some or all of the following characteristics:

(A)

Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance.

(B)

Involves economically or socially large-scale government activities.

SEC. 5403. Publication and Provision of Lists Regarding Progress on Anti-Corruption Efforts.

(a)

Public List.— The Secretary of State shall publish annually, on a publicly accessible website, a list of foreign countries where the government is sustaining or making good progress on anti-corruption efforts in accordance with the minimum standards set forth in section 5404. Such list shall include a brief description of each such country’s progress or justification for being on such list.

(b)

Classified List.— The Secretary of State shall provide to the appropriate congressional committees a classified list of countries where the government is making limited or no efforts to comply with minimum standards set forth in section 5404, and are not achieving meaningful progress on combating corruption. Such list shall include a brief description of each country’s lack of progress or justification for being on such list.

(c)

Annual Update.— The Secretary of State shall provide an annual update in a classified setting to the appropriate congressional committees on the United States Government’s efforts to fight against corruption. This update should include an overview of the key obstacles to combating corruption and present near-term and long-term strategies.

(d)

Implementation and Timing.—

(1)

Deadline.— The publication and submission of the lists and the annual update required by subsections (a), (b), and (c) shall be completed not later than 2 years after the date of the enactment of this Act, and annually thereafter for seven years.

(2)

Report on methodology.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report detailing the methodology developed to assign countries to either the public list or the classified list and a proposed budget for preparing the first set of lists during the subsequent year.

(e)

Exception to Publication.— The Secretary may, in specific instances where the Secretary determines the inclusion of specific countries on the public list required by subsection (a) would not be in the national interests of the United States, submit the information required by subsection (a) about such specific countries in a classified manner in writing to the appropriate congressional committees, together with a justification for why publication would not be in the national interest. The justification, if applicable, shall be submitted the same date as the public list required by subsection (a).

SEC. 5404. Minimum Standards for the Elimination of Corruption and Assessment of Efforts to Combat Corruption.

(a)

In General.— The government of a country is complying with the minimum standards for the elimination of corruption if the government—

(1)

has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption;

(2)

enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws;

(3)

prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and

(4)

is making serious and sustained efforts to address corruption, including through prevention.

(b)

Factors for Assessing Government Efforts To Combat Corruption.— In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as—

(1)

whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts;

(2)

whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption;

(3)

whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption;

(4)

what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials;

(5)

the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring;

(6)

whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect);

(7)

whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors;

(8)

whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others;

(9)

whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons;

(10)

whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption;

(11)

whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements;

(12)

whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and

(13)

such other information relating to corruption as the Secretary of State considers appropriate.

(c)

Assessing Government Efforts to Combat Corruption in Relation to Relevant International Commitments.— In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant:

(1)

The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996.

(2)

The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the “Anti-Bribery Convention”).

(3)

The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000.

(4)

The United Nations Convention against Corruption, done at New York October 31, 2003.

(5)

Such other treaties or conventions ratified by the United States as the Secretary of State considers appropriate.

SEC. 5405. Imposition of Sanctions under Global Magnitsky Human Rights Accountability Act.

(a)

In General.— The Secretary of State, in consultation with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 10101 et seq.)—

(1)

in all countries identified pursuant to section 5403(b); and

(2)

in relation to the planning or construction or any operation of the Nord Stream 2 pipeline.

(b)

Report Required.— Not later than 180 days after providing the list required by section 5403(b), and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report that includes—

(1)

a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a);

(2)

the dates on which such sanctions were imposed;

(3)

the reasons for imposing such sanctions; and

(4)

a list of all foreign persons that have engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline.

(c)

Form of Report.— Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.

(d)

Briefing in Lieu of Report.— The Secretary of State, in consultation with the Secretary of the Treasury, may, instead of submitting a written report required under subsection (b) (except with respect to the list required by subsection (b)(4)), provide to the appropriate congressional committees a briefing, together with a written justification, if doing so would better serve the national interests of the United States.

(e)

Termination of Requirements Relating to Nord Stream 2.— The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act.

SEC. 5406. Designation of Embassy Anti-Corruption Points of Contact.

(a)

In General.— The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified pursuant to section 5403(b), or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission’s designee.

(b)

Responsibilities.— Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to—

(1)

promote good governance in foreign countries; and

(2)

enhance the ability of such countries—

(A)

to combat public corruption; and

(B)

to develop and implement corruption risk assessment tools and mitigation strategies.

(c)

Training.— The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a).

Subtitle B Other Matters

SEC. 5411. Global Cooperative Framework to End Human Rights Abuses in Sourcing Critical Minerals.

(a)

In General.— The Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals.

(b)

Implementation Report.— The Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world.

(c)

Consultations.— The Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a):

(1)

The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 4681); and

(2)

Congress.

(d)

Relationship to United States Law.— Nothing in the framework under subsection (a) shall be construed—

(1)

to amend or modify any law of the United States; or

(2)

to limit any authority conferred under any law of the United States.

(e)

Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.— Nothing in this section shall—

(1)

affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or

(2)

affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 78m note), or subsection (q) of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m), as added by section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203; 124 Stat. 2220), or any rule prescribed under either such section.

(f)

Critical Mineral Defined.— In this section, 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)).

SEC. 5412. Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment.

(a)

Short Title.— This section may be cited as the “Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Act of 2023” or the “CONVENE Act of 2023”.

(b)

Definitions.— In this section:

(1)

The term “appropriate committees of Congress” means—

(A)

the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate;

(B)

the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and

(C)

the congressional defense committees.

(2)

National security council.— The term “national security council” means, with respect to a specified country, an intergovernmental body under the jurisdiction of the freely elected government of the specified country that acts as the primary coordinating entity for security cooperation, disaster response, and the activities described in subsection (c)(5).

(3)

Specified country.— The term “specified country” means—

(A)

the Federated States of Micronesia;

(B)

the Republic of the Marshall Islands; and

(C)

the Republic of Palau.

(c)

National Security Councils of Specified Countries.—

(1)

In general.— The Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country—

(A)

that enables the specified country—

(i)

to better coordinate with the United States Government, including the Armed Forces, as appropriate;

(ii)

to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and

(iii)

to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and

(B)

for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions.

(2)

Composition.— The Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in paragraph (5).

(3)

Standards for equipment and services.— The Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that—

(A)

the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage;

(B)

the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year (10 U.S.C. 113 note); and

(C)

to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries.

(4)

Report on implementation.—

(A)

In general.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 2 years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes—

(i)

an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in paragraph (1) at acceptable financial and opportunity cost;

(ii)

a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country;

(iii)

with respect to each specified country, an assessment as to whether—

(I)

the specified country has appropriately staffed its national security council or other identified coordinating body; and

(II)

the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in paragraph (5);

(iv)

an assessment of—

(I)

any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country;

(II)

current efforts by the Secretary of State to coordinate with the specified countries on the activities described in paragraph (5); and

(III)

existing governmental entities within each specified country that are capable of supporting such activities;

(v)

a description of any challenge with respect to—

(I)

the implementation of the national security council, or other identified coordinating body, of any specified country; and

(II)

the implementation of paragraphs (1) through (3);

(vi)

an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and

(vii)

any other matter the Secretary of State considers relevant.

(B)

Form.— Each report required by subparagraph (A) may be submitted in unclassified form and may include a classified annex.

(5)

Activities described.— The activities described in this subsection are the following homeland security activities:

(A)

Coordination of—

(i)

the prosecution and investigation of transnational criminal enterprises;

(ii)

responses to national emergencies, such as natural disasters;

(iii)

counterintelligence and counter- coercion responses to foreign threats; and

(iv)

efforts to combat illegal, unreported, or unregulated fishing.

(B)

Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern.

(C)

Identification and development of an existing governmental entity to support homeland defense and civil support activities.

SEC. 5413. Ending China’s Developing Nation Status.

(a)

Finding; Statement of Policy.—

(1)

Finding.— Congress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world.

(2)

Statement of policy.— It is the policy of the United States—

(A)

to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members;

(B)

to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and

(C)

to work with allies and partners of the United States to implement the policies described in subparagraphs (A) and (B).

(b)

Definitions.— In this section:

(1)

The term “appropriate committees of Congress” means—

(A)

the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with respect to subsection (c); and

(B)

the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to subsection (d).

(2)

The term “OECD” means the Organisation for Economic Co-operation and Development.

(3)

The term “Secretary” means the Secretary of State.

(4)

The term “WTO” means the World Trade Organization.

(c)

Duties of the Secretary.—

(1)

Report on development status in current treaty negotiations.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that—

(A)

identifies all current treaty negotiations in which—

(i)

the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and

(ii)

the People’s Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People’s Republic of China would seek to become a party to the treaty; and

(B)

for each treaty negotiation identified pursuant to subparagraph (A), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties.

(2)

Report on development status in existing organizations and treaties.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that—

(A)

identifies all international organizations or treaties of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties;

(B)

describes the mechanisms for changing the country designation for each relevant treaty or organization; and

(C)

for each of the organizations or treaties identified pursuant to subparagraph (A)—

(i)

includes a list of countries that—

(I)

are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and

(II)

meet the World Bank classification for upper middle income or high-income countries; and

(ii)

describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties.

(3)

Mechanisms for changing development status.—

(A)

In general.— In any international organization of which the United States and the People’s Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue—

(i)

changing the status of the People’s Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or

(ii)

the development of a mechanism described in clause (i) to change the status of the People’s Republic of China in such organization from developing nation to developed nation.

(B)

Waiver.— The President may waive the application of clause (i) or (ii) of subparagraph (A) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States.

(4)

Exception.— This subsection shall not apply to the WTO or any treaty identified in subsection (d).

(d)

Duties of the United States Trade Representative.—

(1)

Report on special and differential treatment at the world trade organization.— Not later than 180 days after the date of the enactment of this Act, the United States Trade Representative shall submit a report to the appropriate committees of Congress that—

(A)

identifies each provision of a WTO agreement that provides for special and differential treatment based on the self-declared development status of WTO members, including the People’s Republic of China;

(B)

identifies—

(i)

all current multilateral negotiations at the WTO in which proposed negotiating text would provide for special and differential treatment for WTO members; and

(ii)

all current plurilateral negotiations at the WTO in which the People’s Republic of China is actively participating, or it is reasonably foreseeable that the People’s Republic of China would seek to become a party to the agreement, in which proposed negotiating text would provide for special and differential treatment for WTO members;

(C)

for each negotiation identified pursuant to subparagraph (B), describes how the draft provisions as of the date of the report would provide different treatment or standards for enforcement based on the self-declared development status of WTO members;

(D)

includes a list of WTO members that—

(i)

self-declare as developing country WTO members;

(ii)

meet the World Bank classification for upper middle-income or high-income countries; and

(iii)

(I)

are members of, or applicants to, the OECD; or

(II)

account for not less than 0.5 percent of global merchandise trade annually for each of the most recently completed 5 calendar years; and

(E)

describes how the WTO provides different treatment or standards for enforcement based on the self-declared development status of the WTO members.

(2)

Sense of congress on mechanisms for changing special and differential treatment at the world trade organization.— It is the sense of Congress that the United States Trade Representative, in consultation with allies and partners of the United States, should—

(A)

oppose the use of special and differential treatment by the People’s Republic of China at the WTO;

(B)

work to preclude the People’s Republic of China from being eligible to use special and differential treatment in future WTO agreements; and

(C)

work to set appropriate thresholds, based on objective criteria, for determining each country’s eligibility for special and differential treatment in current and future WTO negotiations, consistent with subparagraphs (A) and (B).

SEC. 5414. Permitting for International Bridges.

The International Bridge Act of 1972 (33 U.S.C. 535 et seq.) is amended by inserting after section 5 the following:

“SEC. 6. PERMITTING FOR INTERNATIONAL BRIDGES.

“(a) Definitions.—In this section:

“(1) Eligible applicant.—The term ‘eligible applicant’ means an entity that has submitted an application for a Presidential permit during the period beginning on December 1, 2020, and ending on December 31, 2024, for any of the following:

“(A) 1 or more international bridges in Webb County, Texas.

“(B) An international bridge in Cameron County, Texas.

“(C) An international bridge in Maverick County, Texas.

“(2) Presidential permit.—

“(A) In general.—The term ‘Presidential permit’ means—

“(i) an approval by the President to construct, maintain, and operate an international bridge under section 4; or

“(ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order).

“(B) Inclusion.—The term ‘Presidential permit’ includes an amendment to an approval described in clause (i) or (ii) of subparagraph (A).

“(3) Secretary.—The term ‘Secretary’ means the Secretary of State.

“(b) Application.—An eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary.

“(c) Recommendation.—

“(1) In general.—Not later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President—

“(A) to grant the Presidential permit; or

“(B) to deny the Presidential permit.

“(2) Consideration.—The basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States.

“(d) Presidential Action.—

“(1) In general.—The President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of—

“(A) the date on which the Secretary makes a recommendation under subsection (c)(1); and

“(B) the date on which the Secretary is required to make a recommendation under subsection (c)(1).

“(2) No action.—

“(A) In general.—Subject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline.

“(B) Requirement.—As a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.).

“(e) Document Requirements.—Notwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit—

“(1) to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.); or

“(2) to have completed any environmental review under Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to the President granting a Presidential permit under subsection (d).

“(f) Rules of Construction.—Nothing in this section—

“(1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) and complying with relevant laws;

“(2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired prior to making a recommendation to the President;

“(3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 (42 U.S.C. 4321 et seq.) prior to construction of an international bridge; or

“(4) exempts an eligible applicant from complying with Public Law 91–190 (42 U.S.C. 4321 et seq.) or any other law.”

TITLE LV Education and Workforce Matters

SEC. 5501. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000.

(a)

Short Title.— This section may be cited as the “Beryllium Testing Fairness Act”.

(b)

Modification of Demonstration of Beryllium Sensitivity.— Section 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(8)(A)) is amended—

(1)

by striking “ established by an abnormal” and inserting the following:

“(i) an abnormal”

(2)

by striking the period at the end and inserting “ ; or”; and

(3)

by adding at the end the following:

“(ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years.”

(c)

Extension of Advisory Board on Toxic Substances and Worker Health.— Section 3687(j) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-16(j)) is amended by striking “ 10 years” and inserting “ 15 years”.

TITLE LVI Transportation and Infrastructure Matters

SEC. 5601. Extension of Prohibition on Provision of Airport Improvement Grant Funds to Certain Entities That Have Violated Intellectual Property Rights of United States Entities.

Subsections (a) and (c)(2)(B) of section 10003 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4864) are each amended by striking “ 2023” and inserting “ 2024”.

SEC. 5602. Nogales Wastewater Improvement.

(a)

Amendment to the Act of July 27, 1953.— The first section of the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10), is amended by striking the period at the end and inserting “ : Provided further, That such equitable proportion shall consist only of the costs directly associated with the treatment and conveyance of the wastewater of the city and, to the extent practicable, shall not include any costs directly associated with the quality or quantity of wastewater originating in Mexico.”.

(b)

Nogales Sanitation Project.—

(1)

Definitions.— In this subsection:

(A)

City.— The term “City” means the City of Nogales, Arizona.

(B)

Commission.— The term “Commission” means the United States Section of the International Boundary and Water Commission.

(C)

International outfall interceptor.— The term “International Outfall Interceptor” means the pipeline that conveys wastewater from the United States-Mexico border to the Nogales International Wastewater Treatment Plant.

(D)

Nogales international wastewater treatment plant.— The term “Nogales International Wastewater Treatment Plant” means the wastewater treatment plant that—

(i)

is operated by the Commission;

(ii)

is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and

(iii)

treats wastewater originating from—

(I)

Nogales, Sonora, Mexico; and

(II)

Nogales, Arizona.

(E)

Nogales sanitation project.— The term “Nogales sanitation project” means—

(i)

the International Outfall Interceptor; and

(ii)

the Nogales International Wastewater Treatment Plant.

(2)

Ownership and control.—

(A)

In general.— The Commission shall assume full ownership and control of the International Outfall Interceptor on the date on which—

(i)

the City has conveyed, without consideration, all right, title, and interest of the City in the International Outfall Interceptor to the Commission;

(ii)

all memoranda and agreements necessary for the Commission to operate and maintain the International Outfall Interceptor, as described in subparagraph (B), have been entered into; and

(iii)

a total of $12,500,000 has been appropriated pursuant to paragraph (3) or otherwise secured by the Commission for use in carrying out such paragraph.

(B)

Agreements.— In accordance with the Act of July 27, 1953 (67 Stat. 195, chapter 242; 22 U.S.C. 277d–10 et seq.), as amended by this section, the Commission shall, with respect to each applicable governing body in the State of Arizona, including the City, seek to enter into—

(i)

a memorandum of understanding granting to the Commission access to existing easements for a right of entry to the International Outfall Interceptor for the life of the International Outfall Interceptor;

(ii)

an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and

(iii)

an agreement to work in good faith to expeditiously enter into such other agreements as are necessary for the Commission to operate and maintain the International Outfall Interceptor.

(3)

Operation and maintenance.—

(A)

In general.— Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2), the Commission shall carry out the operation and maintenance of the International Outfall Interceptor.

(B)

Authorization of appropriations.— There are authorized to be appropriated to the Commission to carry out this paragraph $12,500,000 for the period of fiscal years 2025 through 2029, to remain available until expended.

(4)

Debris screen.—

(A)

Debris screen required.—

(i)

In general.— The Commission shall construct, operate, and maintain a debris screen, in coordination with other relevant Federal agencies, at manhole 1 of the International Outfall Interceptor for intercepting debris and drug bundles coming to the United States from Nogales, Sonora, Mexico.

(ii)

Requirement.— The Commission and the Commissioner of U.S. Customs and Border Protection shall coordinate the construction, operation, and maintenance of the debris screen under clause (i), including for purposes of the removal of drug bundles and other illicit goods caught in the debris screen.

(B)

Authorization of appropriations.— There are authorized to be appropriated to the Commission, to remain available until expended—

(i)

for fiscal year 2025—

(I)

$8,000,000 for construction of the debris screen described in subparagraph (A)(i); and

(II)

not less than $1,000,000 for the operation and maintenance of the debris screen described in subparagraph (A)(i); and

(ii)

not less than $1,000,000 for each of fiscal years 2026 through 2029 for the operation and maintenance of the debris screen described in subparagraph (A)(i).

(5)

Limitation of claims.— Chapter 171 and section 1346(b) of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), shall not apply to any claim arising from the activities of the Commission in carrying out this subsection, including any claim arising from damages that result from overflow of the International Outfall Interceptor due to excess inflow to the International Outfall Interceptor originating from Nogales, Sonora, Mexico.

(c)

International Treaty.— Not later than six months after the date of enactment of this section, the Commission shall seek to initiate negotiations with Mexico for a new Treaty Minute or a modification of Treaty Minute 227 to address, at a minimum, the following:

(1)

Joint operation and maintenance responsibilities of the International Outfall Interceptor.

(2)

Capacity usage of wastewater flows from the United States and Mexico through the International Outfall Interceptor.

(3)

Payment for excess wastewater flows through the International Outfall Interceptor emanating from the Nogales, Sonora, Mexico area.

(4)

Any terms and conditions considered necessary to support proportional use and maintenance of the International Outfall Interceptor.

(d)

Report.— Not later than one year after the date of enactment of this section, and each year thereafter, the Commission shall submit to the Committee on Foreign Relations of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

(1)

an operation and maintenance plan, or a description of the status of such plan, developed by the Commission and other relevant agencies, for the debris screen required under subsection (b)(4)(A);

(2)

a description of any operation and maintenance issues of the Nogales sanitation project, including relating to transnational criminal activity;

(3)

an update on efforts by the Commission to renegotiate an existing Treaty Minute or develop a new Treaty Minute pursuant to subsection (c); and

(4)

an accounting of all outstanding or overdue payments from Mexico or the City for the processing and conveyance of wastewater through the Nogales sanitation project.

(e)

Effective Date.— Subsections (a) and (b) (including the amendments made by such subsections) shall take effect on October 1, 2024.

SEC. 5603. International Port Security Enforcement Act.

Section 70108 of title 46, United States Code, is amended—

(1)

in subsection (f)—

(A)

in paragraph (1), by striking “ provided that” and all that follows and inserting the following: “ if—”

“(A) the Secretary certifies that the foreign government or international organization—

“(i) has conducted the assessment in accordance with subsection (b); and

“(ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and

“(B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h)).”

; and

(B)

by amending paragraph (3) to read as follows:

“(3) Limitations.—Nothing in this section may be construed—

“(A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a);

“(B) to limit the discretion or ability of the Secretary to conduct an assessment under this section;

“(C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or

“(D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin.”

; and

(2)

by adding at the end the following:

“(g) State Sponsors of Terrorism and International Terrorist Organizations.—The Secretary—

“(1) may not enter into an agreement under subsection (f)(2) with—

“(A) a foreign government that is a state sponsor of terrorism (as defined in section 3316(h)); or

“(B) an entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and

“(2) shall—

“(A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and

“(B) immediately apply the sanctions described in section 70110(a) to such port.”

TITLE LVII Architect of the Capitol Appointment Act of 2023

SEC. 5701. Short Title.

This title may be cited as the “Architect of the Capitol Appointment Act of 2023”.

SEC. 5702. Appointment and Term of Service of Architect of the Capitol.

(a)

Appointment.— The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the “commission”) consisting of the Speaker of the House of Representatives, the majority leader of the Senate, the minority leaders of the House of Representatives and Senate, the chair and ranking minority member of the Committee on Appropriations of the House of Representatives, the chairman and ranking minority member of the Committee on Appropriations of the Senate, the chair and ranking minority member of the Committee on House Administration of the House of Representatives, and the chairman and ranking minority member of the Committee on Rules and Administration of the Senate.

(b)

Term of Service.— The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms.

(c)

Removal.— The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission.

(d)

Conforming Amendments.—

(1)

Section 319 of the Legislative Branch Appropriations Act, 1990 (2 U.S.C. 1801) is repealed.

(2)

The matter under the heading “For the Capitol:” under the heading “DEPARTMENT OF THE INTERIOR.” of the Act of February 14, 1902 (32 Stat. 19, chapter 17; incorporated in 2 U.S.C. 1811) is amended by striking “ , and he shall be appointed by the President”.

(e)

Effective Date.— This section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act.

SEC. 5703. Appointment of Deputy Architect of the Capitol; Vacancy in Architect or Deputy Architect.

Section 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1805) is amended—

(1)

in subsection (a)—

(A)

by inserting “ (in this section referred to as the ‘Architect’)” after “ The Architect of the Capitol”; and

(B)

by inserting “ (in this section referred to as the ‘Deputy Architect’)” after “ Deputy Architect of the Capitol”;

(2)

by redesignating subsection (b) as subsection (c);

(3)

by inserting after subsection (a) the following:

“(b) Deadline.—The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after—

“(1) the date on which the Architect is appointed under section 5702 of the Architect of the Capitol Appointment Act of 2023, if there is no Deputy Architect on the date of the appointment; or

“(2) the date on which a vacancy arises in the office of the Deputy Architect.”

(4)

in subsection (c), as so redesignated, by striking “ of the Capitol” each place it appears; and

(5)

by adding at the end the following:

“(d) Failure to Appoint.—If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 5702(a) of the Architect of the Capitol Appointment Act of 2023 shall appoint the Deputy Architect by a majority vote of the members of the commission.

“(e) Notification.—If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 5702(a) of the Architect of the Capitol Appointment Act of 2023.”

SEC. 5704. Deputy Architect of the Capitol to Serve as Acting in Case of Absence, Disability, or Vacancy.

(a)

In General.— The Deputy Architect of the Capitol (in this section referred to as the “Deputy Architect”) shall act as Architect of the Capitol (in this section referred to as the “Architect”) if the Architect is absent or disabled or there is no Architect.

(b)

Absence, Disability, or Vacancy in Office of Deputy Architect.— For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 5702(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until—

(1)

the end of the absence or disability of the Architect or the Deputy Architect; or

(2)

in the case of vacancies in both positions, an Architect has been appointed under section 5702(a).

(c)

Authority.— An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading “Office of the Architect of the Capitol” under the heading “ARCHITECT OF THE CAPITOL” of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803).

(d)

Conforming Amendment.— The matter under the heading “salaries” under the heading “Office of the Architect of the Capitol” under the heading “ARCHITECT OF THE CAPITOL” of the Legislative Branch Appropriation Act, 1971 (2 U.S.C. 1804) is amended by striking “ : Provided,” and all that follows through “ no Architect”.

TITLE LVIII Financial Services Matters

SEC. 5801. Assessment of Gifts and Grants to United States Institutions of Higher Education from Entities on the Non-Sdn Chinese Military-Industrial Complex Companies List.

(a)

In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees an assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control.

(b)

Elements.— The Secretary, in consultation with the Secretary of Education, shall include in the assessment required by subsection (a) an estimate of—

(1)

a list and description of each of the gifts and grants provided to United States institutions of higher education by entities described in subsection (a); and

(2)

the monetary value of each of those gifts and grants.

(c)

Definitions.— In this section:

(1)

The term “appropriate congressional committees” means—

(A)

the Committee on Banking, Housing, and Urban Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate; and

(B)

the Committee on Financial Services and the Committee on Education and the Workforce of the House of Representatives.

(2)

The term “gifts and grants” includes financial contributions, material donations, provision of services, scholarships, fellowships, research funding, infrastructure investment, contracts, or any other form of support that provides a benefit to the recipient institution.