SEC. 8101. Defense Production Act of 1950 Extension.
Section 717(a) of the Defense Production Act of 1950 (50 U.S.C. 4564(a)) is amended by striking “ September 30, 2025” and inserting “ September 30, 2026”.
Division H — Other Matters
DIVISION H Other Matters
TITLE LXXXI Financial Services Matters
SEC. 8102. Review of and Reporting on National Security Sensitive Sites for Purposes of Reviews of Real Estate Transactions by the Committee on Foreign Investment in the United States.
List of National Security Sensitive Sites.— Section 721(a)(4)(C) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)(4)(C)) is amended by adding at the end the following:
“(iii) List of sites.—
“(I) In general.—For purposes of subparagraph (B)(ii)(II)(bb), the Committee may prescribe, through regulations, a list of military installations or other facilities or properties of the United States Government that are sensitive for reasons relating to national security. Such list may include certain facilities or properties of the intelligence community and National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)).
“(II) Periodic review of list.—Not later than one year after the date of the enactment of this clause, and periodically thereafter, each member of the Committee shall—
“(aa) review the installations, facilities, and properties, if any, included by that member on the list developed under subclause (I); and
“(bb) submit to the chairperson a report on that review, after approval of the report by the Assistant Secretary or equivalent official designated for the agency under subsection (k)(4)(A)(i), which shall include—
“(AA) any recommended updates or revisions to the list regarding installations, facilities, and properties administered by the member of the Committee;
“(BB) any recommendations with respect to what distance, including close proximity or extended range, should apply for purposes of real estate described in subparagraph (B)(ii)(II)(bb); and
“(CC) a detailed justification and risk assessment underlying any recommendations made under subitem (BB).”
Annual Report.— Section 721(m)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)(2)) is amended by adding at the end the following:
“(L) Information on whether the most recent list of sites identified under subsection (a)(4)(C)(iii) reflects consideration of any recommended updates and revisions submitted under subclause (II) of that subsection. Upon request from the Committee on Financial Services of the House of Representatives or the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee shall provide to that committee a classified briefing regarding that list.”
SEC. 8103. Disclosures by Directors, Officers, and Principal Stockholders.
Short Title.— This section may be cited as the “Holding Foreign Insiders Accountable Act”.
Disclosures.—
in paragraph (1), by inserting “ (including, solely for the purposes of this subsection, every person who is a director or an officer of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation)” after “ an officer of the issuer of such security”;
in paragraph (2)—
in subparagraph (C), by striking the period at the end and inserting “ ; or”; and
by adding at the end the following:
“(D) with respect to a foreign private issuer, the securities of which are, as of the date of enactment of the Holding Foreign Insiders Accountable Act, registered pursuant to subsection (b) or (g) of section 12, on the date that is 90 days after that date of enactment.”
in paragraph (4)(A), by inserting “ and in English” after “ electronically”; and
by adding at the end the following:
“(5) Authority to exempt.—The Commission by rule, regulation, or order, may conditionally or unconditionally exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from the requirements of this section if the Commission determines that the laws of a foreign jurisdiction apply substantially similar requirements to such person, security, or transaction.”
Effective date.— The amendments made by paragraph (1) shall take effect on the date that is 90 days after the date of enactment of this Act.
Effect on Regulation.— If any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendments made by subsection (b), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect beginning on the effective date described in subsection (b)(2).
Issuance or Amendment of Regulations.—
In general.— Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) to carry out the amendments made by subsection (b).
Additional rulemaking.— The Securities and Exchange Commission may issue such additional regulations (or amend or rescind, in whole or in part, existing regulations of the Commission) as necessary to implement the intent of this section.
SEC. 8104. Study and Report.
Not later than 1 year after the date of the enactment of this Act, the Securities and Exchange Commission shall—
conduct a study on the transparency and cooperation regarding—
brokers and dealers that are a member of a national securities association and registered with the Securities and Exchange Commission that are controlled by or organized under the laws of the People’s Republic of China; and
investment advisors registered with the Securities and Exchange Commission and controlled by or organized under the laws of the People’s Republic of China; and
submit to Congress a report that includes the results of the study conducted under paragraph (1).
TITLE LXXXII Judiciary Matters
SEC. 8201. Authority of Marshal of the Supreme Court and Supreme Court Police.
Section 6121(a)(2) of title 40, United States Code, is amended by striking subparagraph (C) and inserting the following:
“(C) if the Marshal determines such protection is necessary—
“(i) any retired or former Chief Justice or Associate Justice of the Supreme Court; or
“(ii) any member of the immediate family of the Chief Justice, any Associate Justice, any retired or former Chief Justice or Associate Justice, or any officer of the Supreme Court.”
SEC. 8202. Protect Our Children Act of 2008 Reauthorization.
Establishment of National Strategy for Child Exploitation Prevention and Interdiction.— Section 101 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21111) is amended—
in subsection (b), by striking “ every second year” and inserting “ every fourth year”; and
by striking subsection (c) and inserting the following:
“(c) Required Contents of National Strategy.—The National Strategy established under subsection (a) shall include the following:
“(1) An analysis of current trends, challenges, and the overall magnitude of the threat of child exploitation.
“(2) An analysis of future trends and challenges, including new technologies, that will impact the efforts to combat child exploitation.
“(3) Goals and strategic solutions to prevent and interdict child exploitation, including—
“(A) plans for interagency coordination;
“(B) engagement with the judicial branches of the Federal Government and State governments;
“(C) legislative recommendations for combating child exploitation;
“(D) cooperation with international, State, local, and Tribal law enforcement agencies; and
“(E) engagement with the private sector and other entities involved in efforts to combat child exploitation.
“(4) An analysis of Federal efforts dedicated to combating child exploitation, including—
“(A) a review of the policies and work of the Department of Justice and other Federal programs relating to the prevention and interdiction of child exploitation crimes, including training programs, and investigative and prosecution activity; and
“(B) a description of the efforts of the Department of Justice to cooperate and coordinate with, and provide technical assistance and support to, international, State, local, and Tribal law enforcement agencies and private sector and nonprofit entities with respect to child exploitation prevention and interdiction efforts.
“(5) An estimate of the resources required to effectively respond to child exploitation crimes at scale by—
“(A) each ICAC task force;
“(B) the Federal Bureau of Investigation, including investigators, forensic interviewers, and analysts of victims, witnesses, and forensics;
“(C) Homeland Security Investigations, including forensic interviewers and analysts of victims, witnesses, and forensics;
“(D) the United States Marshals Service;
“(E) the United States Secret Service;
“(F) the United States Postal Service;
“(G) the criminal investigative offices of the Department of Defense; and
“(H) any component of an agency described in this paragraph.
“(6) A review of the Internet Crimes Against Children Task Force Program, including—
“(A) the number of ICAC task forces and the location of each ICAC task force;
“(B) the number of trained personnel at each ICAC task force;
“(C) the amount of Federal grants awarded to each ICAC task force; and
“(D) an assessment of the Federal, State, and local cooperation with respect to each ICAC task force, including—
“(i) the number of arrests made by each ICAC task force;
“(ii) the number of criminal referrals to United States attorneys for prosecution;
“(iii) the number of prosecutions and convictions from the referrals described in clause (ii);
“(iv) the number, if available, of local prosecutions and convictions based on ICAC task force investigations; and
“(v) any other information determined by the Attorney General demonstrating the level of Federal, State, Tribal, and local coordination and cooperation.
“(7) An assessment of training needs for each ICAC task force and affiliated agencies.
“(8) An assessment of Federal investigative and prosecution activity relating to reported incidents of child exploitation crimes that include a number of factors, including—
“(A) the number of investigations, arrests, prosecutions, and convictions for a crime of child exploitation; and
“(B) the average sentence imposed and the statutory maximum sentence that could be imposed for each crime of child exploitation.
“(9) A review of all available statistical data indicating the overall magnitude of child pornography trafficking in the United States and internationally, including—
“(A) the number of foreign and domestic suspects observed engaging in accessing and sharing child pornography;
“(B) the number of tips or other statistical data from the CyberTipline of the National Center for Missing and Exploited Children and other data indicating the magnitude of child pornography trafficking; and
“(C) any other statistical data indicating the type, nature, and extent of child exploitation crime in the United States and abroad.”
Establishment of National Icac Task Force Program.— Section 102 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21112) is amended—
in subsection (a)(1)—
by inserting “ , Tribal, military,” after “ State”; and
by striking “ and child obscenity and pornography cases” and inserting “ child obscenity and pornography cases, and the identification of child victims”;
in subsection (b)—
in paragraph (2), by striking “ consult with and consider” and all that follows through “ track record of success.” and inserting “ , evaluate the task forces funded under the ICAC Task Force Program to determine if those task forces are operating in an effective manner.”;
in paragraph (3)(B)—
by striking “ establish a new task force” and inserting “ establish a new or continue an existing task force”; and
by striking “ state” and inserting “ State”; and
in paragraph (4)—
in subparagraph (A), by striking “ may” and inserting “ shall”;
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B); and
by adding at the end the following:
“(c) Limited Liability for Icac Task Forces.—
“(1) In general.—Except as provided in paragraph (2), a civil claim or criminal charge against an ICAC task force established pursuant to this section and sections 103 and 104, including any law enforcement agency that participates on such a task force or a director, officer, employee, or agent of such a law enforcement agency, arising from the prioritization decisions with respect to leads related to Internet crimes against children described in section 104(8), may not be brought in any Federal or State court.
“(2) Intentional, reckless, or other misconduct.—Paragraph (1) shall not apply to a claim if the ICAC task force or law enforcement agency, or a director, officer, employee, or agent of that law enforcement agency—
“(A) engaged in intentional misconduct; or
“(B) acted, or failed to act—
“(i) with actual malice;
“(ii) with gross negligence or reckless disregard to a substantial risk of causing physical injury without legal justification; or
“(iii) for a purpose unrelated to the performance of any responsibility or function under section 104(8).
“(3) Rule of construction.—Nothing in this section shall be construed to—
“(A) create any independent basis of liability on behalf of, or any cause of action against—
“(i) an ICAC task force; or
“(ii) a law enforcement agency or a director, officer, employee, or agent of the law enforcement agency; or
“(B) expand any liability otherwise imposed, or limit any defense to that liability, otherwise available under Federal or State law.”
Purpose of Icac Task Forces.— Section 103 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21113) is amended—
in paragraph (1), by inserting “ , and the identification of child victims of those crimes” before the semicolon at the end;
in paragraph (2), by inserting “ and prioritizing investigations that task force personnel, through the background, training and experience of those personnel and the consideration of all relevant circumstances, determine to be most likely to result in positive case outcomes and in the rescue of children” before the semicolon at the end;
in paragraph (3)—
by striking “ and local law enforcement” and inserting “ Tribal, military, and local law enforcement”; and
by inserting “ , including probation and parole agencies, child advocacy centers, and child protective services,” after “ enforcement agencies”;
in paragraph (8), by striking “ and” at the end;
in paragraph (9), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(10) educating the judiciary on—
“(A) the link between intrafamilial contact offenses and technology-facilitated crimes; and
“(B) characteristics of internet offenders, including the interest of online offenders in incest-themed material, sadism, and other related paraphilias or illegal activity.”
Duties and Functions of Task Forces.— Section 104 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21114) is amended—
in paragraph (3)—
by inserting “ reactive and” before “ proactive”;
by inserting “ conduct digital” before “ forensic examinations”; and
by inserting “ engage in” before “ effective prosecutions”;
by striking paragraph (8) and inserting the following:
“(8) investigate, seek prosecution with respect to, and identify child victims from leads relating to Internet crimes against children, including CyberTipline reports, with prioritization determined according to circumstances and by each task force, as described in section 102;”
by striking paragraph (9); and
by redesignating paragraphs (10) and (11) as paragraphs (9) and (10), respectively.
National Internet Crimes Against Children Data System.— Section 105 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21115) is amended—
in subsection (a), by striking “ shall establish” and inserting “ may establish”;
in subsection (b), by striking “ continue and build upon Operation Fairplay developed by the Wyoming Attorney General’s office, which has established a secure, dynamic undercover infrastructure that has facilitated” and inserting “ facilitate”; and
in subsection (g)—
by striking paragraph (3);
by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively; and
in paragraph (7), as so redesignated, by striking “ 1 representative” and inserting “ 2 representatives”.
Icac Grant Program.— Section 106 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21116) is amended—
in subsection (a)—
in paragraph (2)(B)(ii)(II), by striking “ Operation Fairplay,”; and
in paragraph (3), by striking subparagraph (A) and inserting the following:
“(A) In general.—Not less than 20 percent of the total funds appropriated to carry out this section shall be distributed to support the ICAC Task Force Program through grants to—
“(i) provide training and technical assistance to members of the ICAC Task Force Program;
“(ii) maintain, enhance, research, and develop tools and technology to assist members of the ICAC Task Force Program;
“(iii) provide other support to the ICAC Task Force Program determined by the Attorney General;
“(iv) conduct research;
“(v) support the annual National Law Enforcement Training on Child Exploitation of the Office of Juvenile Justice and Delinquency Prevention; and
“(vi) provide wellness training.”
; and
in subsection (d)(1)—
in subparagraph (B)—
in clause (ii), by striking “ and” at the end;
in clause (iii), by striking “ , including” and all that follows through “ such crime under State law.” and inserting “ ; and”; and
by adding at the end the following:
“(iv) the number of child victims identified.”
by striking subparagraph (D); and
by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively.
Authorization of Appropriations.— Section 107(a) of the PROTECT Our Children Act of 2008 (34 U.S.C. 21117(a)) is amended—
in paragraph (9), by striking “ and” at the end;
in paragraph (10), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(11) $60,000,000 for each of fiscal years 2026 through 2028.”
Additional Regional Computer Forensic Labs.— The PROTECT Our Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended by striking title II.
Reporting Requirements of Providers.— Section 2258A(c) of title 18, United States Code, is amended, in the matter preceding paragraph (1), by inserting “ and all supplemental data included in the report” after “ each report made under subsection (a)(1)”.
SEC. 8203. Trauma Kit Standards.
Section 521 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10202) is amended by adding at the end the following:
“(d) Trauma Kits.—
“(1) Definition.—In this subsection, the term ‘trauma kit’ means a first aid response kit, which includes a bleeding control kit that can be used for controlling a life-threatening hemorrhage.
“(2) Requirement for trauma kits.—
“(A) In general.—Notwithstanding any other provision of law, a grantee may only purchase a trauma kit using funds made available under this part if the trauma kit meets the performance standards established by the Director of the Bureau of Justice Assistance under paragraph (3)(A).
“(B) Authority to separately acquire.—Nothing in subparagraph (A) shall prohibit a grantee from separately acquiring the components of a trauma kit and assembling complete trauma kits that meet the performance standards.
“(3) Performance standards and optional agency best practices.—Not later than 180 days after the date of enactment of this subsection, the Director of the Bureau of Justice Assistance, in consultation with organizations representing trauma surgeons, emergency medical response professionals, emergency physicians, other medical professionals, relevant law enforcement agencies of States and units of local government, professional law enforcement organizations, local law enforcement labor or representative organizations, and law enforcement trade associations, shall—
“(A) develop and publish performance standards for trauma kits that are eligible for purchase using funds made available under this part that, at a minimum, require the components described in paragraph (4) to be included in a trauma kit; and
“(B) develop and publish optional best practices for law enforcement agencies regarding—
“(i) training law enforcement officers in the use of trauma kits;
“(ii) the deployment and maintenance of trauma kits in law enforcement vehicles; and
“(iii) the deployment, location, and maintenance of trauma kits in law enforcement agency or other government facilities.
“(4) Components.—The components of a trauma kit described in this paragraph are—
“(A) a tourniquet recommended by the Committee on Tactical Combat Casualty Care;
“(B) a bleeding control bandage;
“(C) a pair of nonlatex protective gloves and a pen-type marker;
“(D) a pair of blunt-ended scissors;
“(E) instructional documents developed—
“(i) under the ‘Stop the Bleed’ national awareness campaign of the Department of Homeland Security, or any successor thereto;
“(ii) by the American College of Surgeons Committee on Trauma;
“(iii) by the American Red Cross; or
“(iv) by any partner of the Department of Defense;
“(F) a bag or other container adequately designed to hold the contents of the kit; and
“(G) any additional trauma kit supplies that—
“(i) are approved by a State, local, or Tribal law enforcement agency or first responders;
“(ii) can adequately treat a traumatic injury; and
“(iii) can be stored in a readily available kit.”
SEC. 8204. Inclusion of Certain Retired Public Safety Officers in the Public Safety Officers’ Death Benefits Program.
In General.— Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281) is amended by adding at the end the following:
“(p) Personal Injury to Retired Law Enforcement Officer.—
“(1) Definition.—In this subsection, the term ‘retired law enforcement officer’ means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation.
“(2) Eligibility.—A retired law enforcement officer shall be eligible for a benefit under this part if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer.”
Retroactive Applicability.—
In general.— Except as provided in paragraph (2), the amendments made by this section shall—
take effect on the date of enactment of this Act; and
apply to any matter—
pending before the Bureau of Justice Assistance or otherwise on the date of enactment of this Act; or
filed (consistent with pre-existing effective dates) or accruing after the date of enactment of this Act.
Exceptions.— The amendment made by this section shall apply to any action taken against a retired law enforcement officer described in section 1201(p) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (as added by this Act) on or after January 1, 2012.
SEC. 8205. Honoring Our Fallen Heroes.
Cancer-Related Deaths and Disabilities.—
In general.— Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281), as amended by section 8204, is further amended by adding at the end the following:
“(q) Exposure-Related Cancers.—
“(1) Definitions.—In this subsection:
“(A) Carcinogen.—The term ‘carcinogen’ means an agent that is—
“(i) classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and
“(ii) reasonably linked to an exposure-related cancer.
“(B) Director.—The term ‘Director’ means the Director of the Bureau.
“(C) Exposure-related cancer.—As updated from time to time in accordance with paragraph (3), the term ‘exposure-related cancer’ means—
“(i) bladder cancer;
“(ii) brain cancer;
“(iii) breast cancer;
“(iv) cervical cancer;
“(v) colon cancer;
“(vi) colorectal cancer;
“(vii) esophageal cancer;
“(viii) kidney cancer;
“(ix) leukemia;
“(x) lung cancer;
“(xi) malignant melanoma;
“(xii) mesothelioma;
“(xiii) multiple myeloma;
“(xiv) non-Hodgkins lymphoma;
“(xv) ovarian cancer;
“(xvi) prostate cancer;
“(xvii) skin cancer;
“(xviii) stomach cancer;
“(xix) testicular cancer;
“(xx) thyroid cancer;
“(xxi) any form of cancer that is considered a WTC-related health condition under section 3312(a) of the Public Health Service Act (42 U.S.C. 300mm–22(a)); and
“(xxii) any form of cancer added to this definition pursuant to an update in accordance with paragraph (3).
“(2) Personal injury sustained in the line of duty.—
“(A) In general.—Subject to subparagraph (B), as determined by the Bureau, the exposure of a public safety officer to a carcinogen shall be presumed to constitute a personal injury within the meaning of subsection (a) or (b) sustained in the line of duty by the officer and directly and proximately resulting in death or permanent and total disability, if—
“(i) the exposure occurred while the public safety officer was engaged in line of duty action or activity;
“(ii) the public safety officer began serving as a public safety officer not fewer than 5 years before the date of the diagnosis of the public safety officer with an exposure-related cancer;
“(iii) the public safety officer was diagnosed with the exposure-related cancer not more than 15 years after the public safety officer’s last date of active service as a public safety officer; and
“(iv) the exposure-related cancer directly and proximately results in the death or permanent and total disability of the public safety officer.
“(B) Exception.—The presumption under subparagraph (A) shall not apply if competent medical evidence establishes that the exposure of the public safety officer to the carcinogen was not a substantial contributing factor in the death or disability of the public safety officer.
“(3) Additional exposure-related cancers.—
“(A) In general.—From time to time but not less frequently than once every 3 years, the Director shall—
“(i) review the definition of ‘exposure-related cancer’ under paragraph (1); and
“(ii) if appropriate, update the definition, in accordance with this paragraph—
“(I) by rule; or
“(II) by publication in the Federal Register or on the public website of the Bureau.
“(B) Basis for updates.—
“(i) In general.—The Director shall make an update under subparagraph (A)(ii) in any case in which the Director finds such an update to be appropriate based on competent medical evidence of significant risk to public safety officers of developing the form of exposure-related cancer that is the subject of the update from engagement in their public safety activities.
“(ii) Evidence.—The competent medical evidence described in clause (i) may include recommendations, risk assessments, and scientific studies by—
“(I) the National Institute for Occupational Safety and Health;
“(II) the National Toxicology Program;
“(III) the National Academies of Sciences, Engineering, and Medicine; or
“(IV) the International Agency for Research on Cancer.
“(C) Petitions to add to the list of exposure-related cancers.—
“(i) In general.—Any person may petition the Director to add a form of cancer to the definition of ‘exposure-related cancer’ under paragraph (1).
“(ii) Content of petition.—A petition under clause (i) shall provide information to show that there is sufficient competent medical evidence of significant risk to public safety officers of developing the cancer from engagement in their public safety activities.
“(iii) Timely and substantive decisions.—
“(I) Referral.—Not later than 180 days after receipt of a petition satisfying clause (ii), the Director shall refer the petition to appropriate medical experts for review, analysis (including risk assessment and scientific study), and recommendation.
“(II) Consideration.—The Director shall consider each recommendation under subclause (I) and promptly take appropriate action in connection with the recommendation pursuant to subparagraph (B).
“(iv) Notification to congress.—Not later than 30 days after taking any substantive action in connection with a recommendation under clause (iii)(II), the Director shall notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives of the substantive action.”
Applicability.— The amendment made by paragraph (1) shall apply to any claim under—
section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(a)) that is predicated upon the death of a public safety officer on or after January 1, 2020, that is the direct and proximate result of an exposure-related cancer; or
section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(b)) that is filed on or after January 1, 2020, and predicated upon a disability that is the direct and proximate result of an exposure-related cancer.
Time for filing claim.— Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
Confidentiality of Information.—
In general.— Section 812(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10231(a)) is amended—
in the first sentence, by striking “ furnished under this title by any person and identifiable to any specific private person” and inserting “ furnished under any law to any component of the Office of Justice Programs, or furnished otherwise under this title, by any entity or person, including any information identifiable to any specific private person,”; and
in the second sentence, by striking “ person furnishing such information” and inserting “ entity or person furnishing such information or to whom such information pertains”.
Effective date; applicability.— The amendments made by paragraph (1) shall—
shall take effect for all purposes as if enacted on December 27, 1979; and
apply to any matter pending, before the Department of Justice or otherwise, as of the date of enactment of this Act.
Technical Amendments.—
In general.— Section 1201(o)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10281(o)(2)) is amended—
in subparagraph (A), by inserting “ or (b)” after “ subsection (a)”;
in subparagraph (B), by inserting “ or (b)” after “ subsection (a)”; and
in subparagraph (C), by inserting “ or (b)” after “ subsection (a)”.
Applicability.— The amendments made by paragraph (1) shall apply to any matter pending before the Department of Justice as of the date of enactment of this Act.
Technical Amendments.—
In general.— Section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note) is amended by adding at the end the following:
“(d) Definition.—In this section, the term ‘line of duty action’ includes any action—
“(1) in which a public safety officer engaged at the direction of the agency served by the public safety officer; or
“(2) the public safety officer is authorized or obligated to perform.”
Applicability.—
In general.— The amendment made by paragraph (1) shall apply to any claim under section 3 of the Safeguarding America’s First Responders Act of 2020 (34 U.S.C. 10281 note)—
that is predicated upon the death of a public safety officer on or after January 1, 2020; or
that is—
predicated upon the disability of a public safety officer; and
filed on or after January 1, 2020.
Time for filing claim.— Notwithstanding any other provision of law, an individual who desires to file a claim that is predicated upon the amendment made by paragraph (1) shall not be precluded from filing such a claim within 3 years of the date of enactment of this Act.
Rescission.— Of the unobligated balances available in the Department of Justice Assets Forfeiture Fund (as established under section 524(c) of title 28, United States Code), $255,000,000 is hereby permanently rescinded.
TITLE LXXXIII Foreign Affairs Matters
Subtitle A Taiwan Non-Discrimination Act of 2025
SEC. 8301. Short Title.
This subtitle may be cited as the “Taiwan Non-Discrimination Act of 2025”.
SEC. 8302. Findings.
Congress finds as follows:
As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation.
Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States.
Although Taiwan is not an IMF member, it is a member of the World Trade Organization, the Asian Development Bank, and the Asia-Pacific Economic Cooperation forum.
According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil.
According to section 4(d) of the Taiwan Relations Act (Public Law 96–8), enacted on April 10, 1979, “Nothing in this Act may be construed as a basis for supporting the exclusion or expulsion of Taiwan from continued membership in any international financial institution or any other international organization.”.
Taiwan held membership in the IMF for 9 years following the recognition of the People’s Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. As James M. Boughton has noted in his Silent Revolution: The International Monetary Fund 1979–1989, even as the PRC was seated, the United States Executive Director to the IMF, Sam Y. Cross, expressed support on behalf of the United States Government for “some kind of association between Taiwan and the Fund”.
On September 27, 1994, in testimony before the Senate Committee on Foreign Relations regarding the 1994 Taiwan Policy Review, then-Assistant Secretary of State for East Asian and Pacific Affairs Winston Lord stated: “Recognizing Taiwan’s important role in transnational issues, we will support its membership in organizations where statehood is not a prerequisite, and we will support opportunities for Taiwan’s voice to be heard in organizations where its membership is not possible.”.
The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107–10, 107–158, 108–28, 108–235, 113–17, and 114–139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019.
In its fact sheet, entitled “U.S. Relations with Taiwan”, published on August 31, 2018, the Department of State asserts: “The United States supports Taiwan’s membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan’s meaningful participation in international organizations where its membership is not possible.”.
According to the Articles of Agreement of the IMF, “membership shall be open to other countries”, subject to conditions prescribed by the Board of Governors of the IMF.
In the IMF publication “Membership and Nonmembership in the International Monetary Fund: A Study in International Law and Organization”, Joseph Gold, the then-General Counsel and Director of the Legal Department of the IMF, elaborated on the differences between the terms “countries” and “states”, noting that “the word ‘country’ may have been adopted because of the absence of agreement on the definition of a ‘state’ ” and, with respect to the use of “countries” and applications for IMF membership, “the absence of any adjective in the Articles emphasizes the breadth of the discretion that the Fund may exercise in admitting countries to membership”. According to Mr. Gold, “the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies ‘countries’ but also the choice of that word itself”.
In his IMF study, Mr. Gold further observes, “in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund”. He continues, “Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.”. In fact, when considering an application for membership where the status of an applicant may not be resolved, Mr. Gold writes “there have been occasions on which the Fund has made a finding before decisions had been taken by the United Nations or by most members or by members with a majority of the total voting power.” Mr. Gold concludes, “the Fund makes its own findings on whether an applicant is a ‘country’, and makes them solely for its own purposes.”.
Although not a member state of the United Nations, the Republic of Kosovo is a member of both the IMF and the World Bank, having joined both organizations on June 29, 2009.
On October 26, 2021, Secretary of State Antony Blinken issued a statement in support of Taiwan’s “robust, meaningful participation” in the United Nations system, which includes the IMF, the World Bank, and other specialized United Nations agencies. Secretary of State Blinken noted, “As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. Taiwan’s meaningful participation in the UN system is not a political issue, but a pragmatic one.”. He continued, “Taiwan’s exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.”.
In October 2024, Taiwan announced it would seek IMF membership, with the Taipei Economic and Cultural Representative Office in the United States stating, “Taiwan’s membership at the IMF would help boost financial resilience.”.
SEC. 8303. Sense of the Congress.
It is the sense of the Congress that—
the size, significance, and connectedness of the Taiwanese economy highlight the importance of greater participation by Taiwan in the International Monetary Fund, given the purposes of the Fund articulated in its Articles of Agreement; and
the experience of Taiwan in developing a vibrant and advanced economy under democratic governance and the rule of law should inform the work of the international financial institutions, including through increased participation by Taiwan in the institutions.
SEC. 8304. Support for Taiwan Admission to the Imf.
In General.— The United States Governor of the International Monetary Fund (in this section referred to as the “Fund”) shall use the voice and vote of the United States to vigorously support—
the admission of Taiwan as a member of the Fund, to the extent that admission is sought by Taiwan;
participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund;
employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and
the ability of Taiwan to receive appropriate technical assistance and training by the Fund.
United States Policy.— It is the policy of the United States not to discourage or otherwise deter Taiwan from seeking admission as a member of the Fund.
Waiver.— The Secretary of the Treasury may waive any requirement of subsection (a) for up to 1 year at a time on reporting to Congress that providing the waiver will substantially promote the objective of securing the meaningful participation of Taiwan at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act).
Sunset.— This section shall have no force or effect on the earlier of—
the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or
the date that is 10 years after the date of the enactment of this Act.
SEC. 8305. Testimony Requirement.
In each of the next 7 years in which the Secretary of the Treasury is required by section 1705(b) of the International Financial Institutions Act to present testimony, the Secretary shall include in the testimony a description of the efforts of the United States to support the greatest participation practicable by Taiwan at each international financial institution (as defined in section 1701(c)(2) of such Act).
Subtitle B BUST Fentanyl Act
SEC. 8311. Short Title.
This subtitle may be cited as the “Break Up Suspicious Transactions of Fentanyl Act” or the “BUST Fentanyl Act”.
SEC. 8312. International Narcotics Control Strategy Report.
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended—
in the matter preceding paragraph (1), by striking “ March 1” and inserting “ June 1”;
in paragraph (7)—
in the matter preceding subparagraph (A), by striking “ paragraph (3)(D)” and inserting “ paragraph (3)(C)”; and
by inserting after subparagraph (C) the following:
“(D) Where the information is available, examples of improvements in each country related to the findings described in each of clauses (i) through (viii) of subparagraph (C) including—
“(i) actions taken by the country due to the adoption of law and regulations considered essential to prevent narcotics-related money laundering;
“(ii) enhanced enforcement actions taken by the country, such as regulatory penalties, criminal prosecutions and convictions, and asset seizures and forfeitures;
“(iii) status changes in financial crime-related evaluations by international standards-setting bodies;
“(iv) efforts to enhance the prevention of narcotics-related money laundering; and
“(v) if applicable, bilateral, multilateral, and regional initiatives that have been undertaken to prevent narcotics-related money laundering.”
; and
in paragraph (8)(A)(i), by striking “ pseudoephedrine” and all that follows through “ chemicals)” and inserting “ chemical precursors used in the production of methamphetamine that significantly affected the United States”.
SEC. 8313. Study and Report on Efforts to Address Fentanyl Trafficking from the People’s Republic of China and Other Relevant Countries.
Definitions.— In this section:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the Committee on the Judiciary of the Senate;
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on the Judiciary of the House of Representatives;
the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
DEA.— The term “DEA” means the Drug Enforcement Administration.
PRC.— The term “PRC” means the People’s Republic of China.
Study and Report on Addressing Trafficking of Fentanyl and Other Synthetic Opioids From the Prc and Other Relevant Countries.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General, in consultation with the Secretary of the Treasury, shall jointly submit to the appropriate committees of Congress an unclassified written report, with a classified annex, that includes—
a description of United States Government efforts to gain a commitment from the Government of the PRC to submit unregulated fentanyl precursors, such as 4–AP, to controls;
a plan for future steps the United States Government will take to urge the Government of the PRC to combat the production and trafficking of illicit fentanyl and synthetic opioids from the PRC, including the trafficking of precursor chemicals used to produce illicit narcotics in Mexico and in other countries;
a detailed description of cooperation by the Government of the PRC to address the role of the PRC financial system and PRC money laundering organizations in the trafficking of fentanyl and synthetic opioid precursors;
an assessment of the expected impact that the designation of principal corporate officers of PRC financial institutions for facilitating narcotics-related money laundering would have on PRC money laundering organizations;
an assessment of whether the Trilateral Fentanyl Committee, which was established by the United States, Canada, and Mexico during the January 2023 North American Leaders’ Summit, is improving cooperation with law enforcement and financial regulators in Canada and Mexico to combat the role of PRC financial institutions and PRC money laundering organizations in narcotics trafficking;
an assessment of the effectiveness of other United States bilateral and multilateral efforts to strengthen international cooperation to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, including through the Global Coalition to Address Synthetic Drug Threats;
an update on the status of commitments made by third countries through the Global Coalition to Address Synthetic Drug Threats to combat the synthetic opioid crisis and progress towards the implementation of such commitments;
a plan for future steps to further strengthen bilateral and multilateral efforts to urge the Government of the PRC to take additional actions to address the PRC’s role in the trafficking of fentanyl and synthetic opioid precursors, particularly in coordination with countries in East Asia and Southeast Asia that have been impacted by such activities;
an assessment of how actions the Government of the PRC has taken since November 15, 2023 has shifted relevant supply chains for fentanyl and synthetic opioid precursors, if at all; and
the items described in paragraphs (1) through (4) pertaining to India, Mexico, and other countries the Secretary of State determines to have a significant role in the production or trafficking of fentanyl and synthetic opioid precursors for purposes of this report.
Establishment of DEA Offices in the PRC.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall jointly provide to the appropriate committees of Congress a classified briefing on—
outreach and negotiations undertaken by the United States Government with the Government of the PRC that was aimed at securing the approval of the Government of the PRC to establish United States Drug Enforcement Administration offices in Shanghai and Guangzhou;
the role of the Bureau of International Narcotics and Law Enforcement Affairs in the PRC; and
additional efforts to establish new partnerships with provincial-level authorities in the PRC to counter the illicit trafficking of fentanyl, fentanyl analogues, and their precursors.
SEC. 8314. Amendments to the Fentanyl Sanctions Act.
Section 7203(5) of the Fentanyl Sanctions Act (21 U.S.C. 2302(5)) is amended—
by striking “ The term ‘foreign opioid trafficker’ means any foreign person” and inserting the following:
“(A) means any foreign person”
by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(B) may include—
“(i) any entity of the People’s Republic of China that the President determines—
“(I) produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and
“(II) demonstrates a pattern of failing to take credible steps (including implementing appropriate know-your-customer procedures or cooperating with United States counternarcotics efforts) to detect or prevent opioid trafficking; and
“(ii) any senior official of the Government of the People’s Republic of China that—
“(I) has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and
“(II) aids and abets opioid trafficking.”
SEC. 8315. Prioritization of Identification of Persons from the People’s Republic of China.
Section 7211 of the Fentanyl Sanctions Act (21 U.S.C. 2311) is amended—
in subsection (a)—
in paragraph (1)—
in subparagraph (B), by striking “ and” at the end;
in subparagraph (C), by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(D) assessing whether any senior official of any anti-narcotics, regulatory, law enforcement, intelligence, or customs body of the People’s Republic of China—
“(i) has directly or indirectly taken actions that have facilitated or advanced foreign opioid trafficking; and
“(ii) should be identified as a foreign opioid trafficker.”
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
by inserting after paragraph (2) the following:
“(3) Prioritization.—
“(A) Defined term.—In this paragraph, the term ‘person of the People’s Republic of China’ means—
“(i) an individual who is a citizen or national of the People’s Republic of China; or
“(ii) an entity organized under the laws of the People’s Republic of China or otherwise subject to the jurisdiction of the Government of the People’s Republic of China.
“(B) In general.—In preparing the report required under paragraph (1), the President shall direct the Secretary of the Treasury to prioritize, to the greatest extent practicable, the identification of persons of the People’s Republic of China involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States, including—
“(i) any entity involved in the production of pharmaceuticals; and
“(ii) any person that is acting on behalf of any such entity.
“(C) Termination of prioritization.—The President shall continue the prioritization required under subparagraph (B) until the President certifies to the appropriate congressional committees that the People’s Republic of China is no longer the primary source for the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, pre-precursors for fentanyl and fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills to Mexico or any other country that is involved in the production of fentanyl trafficked into the United States.”
; and
in subsection (c), by striking “ the date that is 5 years after such date of enactment” and inserting “ December 31, 2030”.
SEC. 8316. Expansion of Sanctions under the Fentanyl Sanctions Act.
Section 7212 of the Fentanyl Sanctions Act (21 U.S.C. 2312) is amended—
in paragraph (1), by striking “ or” at the end;
in paragraph (2), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(3) the President determines has knowingly engaged in, on or after the date of the enactment of the BUST Fentanyl Act, a pattern of significant activity that has materially contributed to opioid trafficking; or
“(4) the President determines—
“(A) has knowingly engaged in a pattern of providing significant financial, material, or technological support for, including through the provision of goods or services in support of, any activity or transaction described in paragraph (3); or
“(B) is owned, controlled, or directed by any foreign person described in subparagraph (A) or in paragraph (3), or has knowingly acted or purported to act for or on behalf of, directly or indirectly, such a foreign person.”
SEC. 8317. Imposition of Sanctions with Respect to Agencies or Instrumentalities of Foreign States.
Definitions.— In this section, the terms “knowingly” and “opioid trafficking” have the meanings given such terms in section 7203 of the Fentanyl Sanctions Act (21 U.S.C. 2302).
In General.— The President may—
impose one or more of the sanctions described in section 7213 of the Fentanyl Sanctions Act (21 U.S.C. 2313) with respect to any political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act—
engaged in a significant activity that has materially contributed to opioid trafficking; or
provided financial, material, or technological support for (including through the provision of goods or services in support of) any significant activity described in subclause (A); and
impose one or more of the sanctions described in section 7213(a)(6) of the Fentanyl Sanctions Act (21 U.S.C. 2313(a)(6)) with respect to any senior official of a political subdivision, agency, or instrumentality of a foreign government that the President determines has knowingly, on or after the date of the enactment of this Act engaged in a significant activity described in paragraph (1).
Sunset.— The provisions of this section shall have no force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
SEC. 8318. Annual Report on Efforts to Prevent the Smuggling of Methamphetamine into the United States from Mexico.
Section 723(c) of the Combat Methamphetamine Epidemic Act of 2005 (title VII of Public Law 109–177; 22 U.S.C. 2291 note) is amended by striking the period at the end and inserting the following:
“(1) identify the significant source countries for methamphetamine that significantly affect the United States; and
“(2) describe the actions by the governments of the countries identified pursuant to paragraph (1) to combat the diversion of relevant precursor chemicals and the production and trafficking of methamphetamine.”
SEC. 8319. Responding to Crime and Corruption in Haiti.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Foreign Relations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on the Judiciary of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Financial Services of the House of Representatives; and
the Committee on the Judiciary of the House of Representatives.
Economic elite.— The term “economic elite” means any board member, officer, or executive of any group, committee, corporation, or other entity that exerts substantial influence or control over Haiti’s economy, infrastructure, or particular industries.
Foreign person.— The term “foreign person” means an individual or entity that is not a United States person.
Good.— The term “good” means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Political elite.— The term “political elite” means any current and former government official of Haiti, high level staff of any such official, any Haitian political party leader, and any Haitian political committee leader.
United states person.— The term “United States person” means—
a United States citizen;
an alien who has been granted permanent residence in the United States; or
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.
Annual Report.—
In general.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of State, in coordination with the heads of other Federal agencies, as appropriate, shall submit a report to the appropriate congressional committees regarding the ties between criminal gangs and political and economic elites in Haiti.
Contents.— Each report submitted pursuant to paragraph (1) shall—
identify and list prominent criminal gangs in Haiti and their leaders, describe their criminal activities, including coercive recruitment, and identify their primary geographic areas of operations;
list Haitian political and economic elites who knowingly have direct and significant links to criminal gangs and any organizations or entities controlled by such individuals;
describe in detail the relationship between the individuals identified pursuant to subparagraph (B) and the criminal gangs identified pursuant to subparagraph (A);
describe in detail how political and economic elites use their relationships with criminal gangs to advance their political and economic interests and agendas;
include a list of each criminal organization assessed to be trafficking Haitians and other individuals to the United States border;
include an assessment of ties between political and economic elites, criminal gangs in Haiti, and transnational criminal organizations;
include an assessment of how the nature and extent of collusion between political elites, economic elites, and criminal gangs threatens the Haitian people and United States national interests and activities in Haiti;
include an assessment of how connections between political and economic elites and criminal gangs facilitate illicit firearms trafficking from the United States that fuels violence and instability in Haiti; and
include an assessment of potential actions that the Government of the United States could take to address the ties referred to in subparagraph (F).
Form of report.— The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Sanctions.—
In general.— Not later than 90 days after the submission of the each report required under subsection (b) to the appropriate congressional committees, the President—
shall impose the sanctions described in subparagraph (A) and (B) of paragraph (2) with respect to any foreign person who—
is identified pursuant to subparagraph (A) of subsection (b)(2); or
is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of political elite under subsection (a)(5);
shall impose all of the sanctions described in paragraph (2)(B) with respect to any foreign person who is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of economic elite under subsection (a)(2); and
may impose all of the sanctions described in paragraph (3) with respect to any foreign person who is identified pursuant to subparagraph (B) of subsection (b)(2) and meets the definition of economic elite under subsection (a)(2).
Sanctions described.— The sanctions described in this subsection are the following:
Property blocking.— Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise all of the powers granted to the President by such Act to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property—
are in the United States;
come within the United States; or
are or come within the possession or control of a United States person.
Ineligibility for visas, admission, or parole.—
Visas, admission, or parole.— An alien described in paragraph (1) is—
inadmissible to the United States;
ineligible for a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
Current visas revoked.—
In general.— An alien described in paragraph (1) is subject to revocation of any visa or other entry document issued to such alien regardless of the date on which such visa or other entry document was issued.
Immediate effect.— A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry document that is in the alien’s possession.
Prohibitions on financial transactions.— Notwithstanding the requirements under section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701), the President may exercise of all powers granted to the President by such Act to the extent necessary—
to prohibit any United States financial institution from making loans or providing credit to the foreign person; or
prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person has any interest.
Exceptions.—
Exception to comply with international obligations.— Sanctions under this subsection shall not apply with respect to the admission of an alien if admitting or paroling the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
Exception relating to the provision of humanitarian assistance.— Sanctions under this subsection may not be imposed with respect to transactions or the facilitation of transactions for—
the sale of agricultural commodities, food, medicine, or medical devices to Haiti;
the provision of humanitarian assistance to the people of Haiti;
financial transactions relating to humanitarian assistance or for humanitarian purposes in Haiti; or
transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes in Haiti.
Licensing.—
In general.— For any sanctions imposed on a political elite pursuant to this subsection, the Secretary of the Treasury shall issue such general licenses and public guidance as may be necessary to clarify that such sanctions do not apply to the following—
any agency or instrumentality of the Government of Haiti with which the sanctioned person is officially associated; and
any person the sanctioned person owns or controls that contributes to meaningful economic activity in Haiti, unless the person is itself designated based on its behavior.
Limiting adverse impacts on haiti.— For any sanctions imposed pursuant to paragraph (1), the Secretary of the Treasury shall issue such general licenses and public guidance as may be necessary to limit adverse impacts to employment, legitimate economic activity, and humanitarian conditions in Haiti.
Implementation; penalties.—
Implementation.— The President may exercise all of the authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
Penalties.— The penalties under subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this subsection to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act.
Waiver.— The President may waive the application of sanctions or restrictions imposed with respect to a foreign person under this subsection if the President certifies to the appropriate congressional committees not later than 15 days before such waiver is scheduled to take effect, that the waiver is vital to the national interests of the United States.
Exception relating to importation of goods.— The authorities and requirements to impose sanctions under this subsection shall not include the authority or requirement to impose sanctions on the importation of goods.
Sunset.— The provisions of this section shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act.
SEC. 8320. Rule of Construction Regarding the Use of Military Force.
Nothing in this subtitle, or the amendments made by this subtitle, may be construed as authorizing the use of military force.
Subtitle C Western Balkans Democracy and Prosperity
SEC. 8331. Short Title.
This subtitle may be cited as the “Western Balkans Democracy and Prosperity Act”.
SEC. 8332. Findings.
Congress finds the following:
The Western Balkans countries (the Republic of Albania, Bosnia and Herzegovina, the Republic of Kosovo, Montenegro, the Republic of North Macedonia and the Republic of Serbia) form a pluralistic, multi-ethnic region in the heart of Europe that is critical to the peace, stability, and prosperity of that continent.
Continued peace, stability, and prosperity in the Western Balkans is directly tied to the opportunities for democratic and economic advancement available to the citizens and residents of those six countries.
It is in the mutual interest of the United States and the countries of the Western Balkans to promote stable and sustainable economic growth and development in the region.
The reforms and integration with the European Union pursued by countries in the Western Balkans have led to significant democratic and economic progress in the region.
Despite economic progress, rates of poverty and unemployment in the Western Balkans remain higher than in neighboring European Union countries.
Out-migration, particularly of youth, is affecting demographics in each Western Balkans country, resulting in population decline in all six countries.
Implementing critical economic and governance reforms could help enable investment and employment opportunities in the Western Balkans, especially for youth, and can provide powerful tools for economic development and for encouraging broader participation in a political process that increases prosperity for all.
Existing regional economic efforts, such as the Common Regional Market, the Berlin Process, and the Open Balkan Initiative, could have the potential to improve the economic conditions in the Western Balkans, while promoting inclusion and transparency.
The Department of Commerce, through its Foreign Commercial Service, plays an important role in promoting and facilitating opportunities for United States investment.
Corruption, including among key political leaders, continues to plague the Western Balkans and represents one of the greatest impediments to further economic and political development in the region.
Disinformation campaigns targeting the Western Balkans undermine the credibility of its democratic institutions, including the integrity of its elections.
Vulnerability to cyberattacks or attacks on information and communication technology infrastructure increases risks to the functioning of government and the delivery of public services.
United States Cyber Command, the Department of State, and other Federal agencies play a critical role in defending the national security interests of the United States, including by deploying cyber hunt forward teams at the request of partner nations to reinforce their cyber defenses.
Securing domestic and international cyber networks and ICT infrastructure is a national security priority for the United States, which is exemplified by offices and programs across the Federal Government that support cybersecurity.
Corruption and disinformation proliferate in political environments marked by autocratic control or partisan conflict.
Dependence on Russian sources of fossil fuels and natural gas for the countries of the Western Balkans ties their economies and politics to the Russian Federation and inhibits their aspirations for European integration.
Reducing the reliance of the Western Balkans on Russian natural gas supplies and fossil fuels is in the national interest of the United States.
The growing influence of China in the Western Balkans could also have a deleterious impact on strategic competition, democracy, and economic integration with Europe.
In March 2022, President Biden launched the European Democratic Resilience Initiative to bolster democratic resilience, advance anti-corruption efforts, and defend human rights in Ukraine and its neighbors in response to Russia’s war of aggression.
The parliamentary and local elections held in Serbia on December 17, 2023, and their immediate aftermath are cause for deep concern about the state of Serbia’s democracy, including due to the final report of the Organization for Security and Co-operation in Europe’s Office for Democratic Institutions and Human Rights, which—
found “unjust conditions” for the election;
found “numerous procedural deficiencies, including inconsistent application of safeguards during voting and counting, frequent instances of overcrowding, breaches in secrecy of the vote, and numerous instances of group voting”; and
asserted that “voting must be repeated” in certain polling stations.
The Organization for Security and Co-operation in Europe also noted that Serbian officials accused primarily peaceful protestors, opposition parties, and civil society of “attempting to destabilize the government”, a concerning allegation that threatens the safety of important elements of Serbian society.
Democratic countries whose values are in alignment with the United States make for stronger and more durable partnerships.
SEC. 8333. Sense of Congress.
It is a sense of Congress that the United States should—
encourage increased business links and investment between the United States and allies and partners;
support regional integration efforts in the Western Balkans;
strengthen and expand regional economic integration in the Western Balkans, with consideration for enterprises owned by and employing women and youth;
work with allies and partners committed to improving the rule of law, energy resource diversification, democratic and economic reform, and the reduction of poverty in the Western Balkans;
increase United States business links and investment with the Western Balkans, particularly in ways that support countries’ efforts—
to decrease dependence on Russian energy sources and fossil fuels;
to increase energy diversification, efficiency, and conservation; and
to facilitate the transition to cleaner and more reliable sources of energy, including renewables, as appropriate;
continue to assist in the development, within the Western Balkans, of—
strong civil societies;
public-private partnerships;
independent media;
transparent, accountable, citizen-responsive governance that ensure equal representation of all ethnic groups and respect for religious freedom;
political stability; and
modern, free-market based economies.
support the accession of those Western Balkans countries that are not already members to the European Union and to the North Atlantic Treaty Organization (referred to in this section as “NATO”) for countries that—
desire membership;
are eligible for membership,
are supported by all allies to proceed with an invitation for such membership; and
are in a position to further the principles of the North Atlantic Treaty and meaningfully contribute to the collective security of NATO;
support—
maintaining the full European Union Force (EUFOR) mandate in Bosnia and Herzegovina as being in the national security interests of the United States; and
encouraging NATO and the European Union to review their mission mandates and posture in Bosnia and Herzegovina to ensure they are playing a proactive role in establishing a safe and secure environment, particularly in the realm of defense;
acknowledge the European Union membership aspirations of Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, and Serbia and support those countries to meet the benchmarks required for their accession;
continue to support the cultural heritage, and recognize the languages, of the Western Balkans;
coordinate closely with the European Union, the United Kingdom, and other allies and partners on sanctions designations in Western Balkans countries and work to align efforts as much as possible to demonstrate a clear commitment to upholding democratic values;
expand bilateral security cooperation with non-NATO member Western Balkans countries, particularly efforts focused on regional integration and cooperation, including through the Adriatic Charter, which was launched at Tirana on May 2, 2003;
increase efforts to combat Russian malign influence campaigns and any other destabilizing or disruptive activities targeting the Western Balkans through engagement with government institutions, political stakeholders, journalists, civil society organizations, and industry leaders;
develop a series of cyber resilience standards, consistent with the Enhanced Cyber Defence Policy and Readiness Action Plan endorsed at the 2014 Wales Summit of the North Atlantic Treaty Organization to expand cooperation with partners and allies, including in the Western Balkans, on cyber security, hybrid warfare, and ICT infrastructure;
articulate clearly and unambiguously the United States commitment to supporting democratic values and respect for international law as the sole path forward for the countries of the Western Balkans;
prioritize partnerships and programming with Western Balkan countries that demonstrate commitment toward strengthening their democracies and show respect for human rights;
encourage—
the development and expansion of the respective defense industrial bases of NATO Allies and security partners in the Western Balkan countries; and
increased national defense spending in accordance with the NATO Hague Summit Declaration agreed to by all NATO Allies in June 2025;
support the implementation of the Export Control and Related Border Security programs in the Western Balkans; and
work with allies and partners to strengthen law enforcement and investigative capacities in Western Balkan countries to disrupt transnational criminal organizations and corruption.
SEC. 8334. Definitions.
In this subtitle:
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the Committee on Foreign Relations of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Appropriations of the House of Representatives; and
the Committee on Financial Services of the House of Representatives.
ICT.— The term “ICT” means information and communication technology.
Western balkans.— The term “Western Balkans” means the region comprised of the following countries:
The Republic of Albania.
Bosnia and Herzegovina.
The Republic of Kosovo.
Montenegro.
The Republic of North Macedonia.
The Republic of Serbia.
Western balkans country.— The term “Western Balkans country” means any country listed in subparagraphs (A) through (F) of paragraph (3).
SEC. 8335. Sanctions Relating to the Western Balkans.
In General.— Not later than 90 days after the date of enactment of this Act, the President shall impose the sanctions described in subsection (c) with respect to each foreign person that the President determines, on or after the date of the enactment of this Act, engages in an activity described in subsection (b).
Activities Described.— A foreign person engages in an activity described in this subsection if the foreign person has—
undertaken actions or policies that threaten the peace, security, stability, or territorial integrity of any area or state in the Western Balkans;
engaged or attempted to engage in actions or policies that undermine democratic processes or institutions in the Western Balkans;
engaged or attempted to engage in corruption related to the Western Balkans, including corruption by or on behalf of, a government in the Western Balkans, or a current or former government official in the Western Balkans;
engaged or attempting to engage in serious human rights abuses in the Western Balkans; or
engaged or attempted to engage in, acts that obstruct or threaten the implementation of any regional security, peace, cooperation, or mutual recognition agreement or framework or accountability mechanism related to the Western Balkans, including the Prespa Agreement of 2018; the Ohrid Framework Agreement of 2001; United Nations Security Council Resolution 1244; the Dayton Accords; or the Conclusions of the Peace Implementation Conference Council held in London in December 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council, or its Steering Board; or the International Criminal Tribunal for the former Yugoslavia, or, with respect to the former Yugoslavia, the International Residual Mechanism for Criminal Tribunals.
Sanctions Described.— The sanctions described in this subsection are the following:
Blocking of property.— The President may exercise all authorities granted under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.
Ineligibility for visas, admission, or parole.—
Visas, admission, or parole.— An alien described in subsection (a) shall be—
inadmissible to the United States;
ineligible to receive a visa or other documentation to enter the United States; and
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et 16 seq.).
Current visas revoked.—
In general.— The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation.
Immediate effect.— A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))—
take effect immediately; and
cancel any other valid visa or entry documentation that is in the possession of the alien.
Implementation; Penalties.—
Implementation.— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out this section.
Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulations promulgated to carry out this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.
Definitions.— In this section:
Agricultural commodity.— The term “agricultural commodity” has the meaning given such term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
Medical device.— The term “medical device” has the meaning given the term “device” in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
Medicine.— The term “medicine” has the meaning given the term “drug” in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
Foreign person.— The term “foreign person” means a person that is not a United States person.
Termination of Sanctions.— The President may terminate the application of a sanction imposed pursuant to this section with respect to a person if the President certifies to the appropriate committees of Congress that—
the person is not engaging in the activity that was the basis for such sanction or has taken significant verifiable steps toward stopping such activity; and
the President has received reliable assurances that the person will not knowingly engage in activity subject to such sanction in the future.
Waiver.—
In general.— The President may waive the application of sanctions imposed pursuant to this section for renewable periods not to exceed 180 days if the President—
determines that such a waiver is in the national security interests of the United States; and
not less than 15 days before the granting of the waiver, submits to the appropriate committees of Congress a notice of and justification for the waiver.
Form.— The waiver described in paragraph (1) may be transmitted in classified form.
Exceptions.—
Humanitarian assistance.— Sanctions authorized under this section shall not apply to—
the conduct or facilitation of a transaction for the provision of agricultural commodities, food, medicine, medical devices, humanitarian assistance, or for humanitarian purposes; or
transactions that are necessary for, or ordinarily incident to, the activities described in subparagraph (A).
Compliance with international obligations and law enforcement activities.— Sanctions authorized under this section shall not apply with respect to an alien if admitting or paroling such alien is necessary—
to comply with United States obligations under—
the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947;
the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967; or
any other international agreement; or
to carry out or assist law enforcement activity in the United States.
Exception for intelligence activities.— Sanctions authorized under this section shall not apply to—
any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
any authorized intelligence activities of the United States.
Exception relating to importation of goods.—
In general.— The requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods.
Defined term.— In this paragraph, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Rulemaking.— The President is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this section (which may include regulatory exceptions), including under section 205 of the International Emergency Economic Powers Act (50 U.S.C. 1704)).
Rules of Construction.—
Nothing in this section may be construed to limit the authorities of the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
Nothing in this section shall be construed to modify any sanctions in effect as of the date of enactment of this Act.
Sunset.— This section shall cease to have force or effect beginning on the date that is 8 years after the date of the enactment of this Act.
SEC. 8336. Democratic and Economic Development and Prosperity Initiatives.
Anti-corruption Initiative.— The Secretary of State, through ongoing and new programs, should develop an initiative that—
seeks to expand technical assistance in each Western Balkans country, taking into account local conditions and contingent on the agreement of the host country government to develop new national anti-corruption strategies;
seeks to share best practices with, and provide training, including through the use of embedded advisors, to civilian law enforcement agencies and judicial institutions, and other relevant administrative bodies, of the Western Balkans countries, to improve the efficiency, transparency, and accountability of such agencies and institutions;
strengthens existing national anti-corruption strategies—
to combat political corruption, particularly in the judiciary, independent election oversight bodies, and public procurement processes; and
to strengthen regulatory and legislative oversight of critical governance areas, such as freedom of information and public procurement, including by strengthening cyber defenses and ICT infrastructure networks;
includes the Western Balkans countries in the European Democratic Resilience Initiative of the Department of State, or any equivalent successor initiative, and considers the Western Balkans as a recipient of anti-corruption funding for such initiative; and
seeks to promote the important role of an independent media in countering corruption through engagements with governments of Western Balkan countries and providing training opportunities for journalists on investigative reporting.
Prioritizing Cyber Resilience, Regional Economic Connectivity, and Economic Competitiveness.—
Sense of congress.— It is the sense of Congress that—
promoting stronger economic, civic, and political relationships among Western Balkans countries will enable countries to better utilize existing resources and maximize their economic security and democratic resilience by reinforcing cyber defenses and increasing economic activity among other countries in the region; and
United States private investments in and assistance toward creating a more integrated region ensures political stability and security for the region.
5-year strategy for economic development and democratic resilience in western balkans.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a regional economic development and democratic resilience strategy for the Western Balkans that—
takes into account the efforts of the European Union, European nations, and other multilateral financing institutions;
considers the full set of tools and resources available from the relevant agencies;
includes efforts to ensure coordination with multilateral and bilateral partners, such as the European Union, the World Bank, and other relevant assistance frameworks;
includes an initial assessment of—
economic opportunities for which United States businesses, or those of other like-minded partner countries, would be competitive;
legal, economic, governance, infrastructural, or other barriers limiting United States economic activity and investment in the Western Balkans;
the effectiveness of all existing regional cooperation initiatives, such as the Open Balkan initiative and the Western Balkans Common Regional Market; and
ways to increase United States economic activity and investment within the Western Balkans;
considers ways to develop human and institutional capacity and infrastructure across multiple sectors of economies, including clean energy, energy efficiency, agriculture, small and medium-sized enterprise development, health, and cyber-security;
considers ways to assist with the development and implementation of programs or initiatives to increase economic development and prosperity in the region;
considers ways to support small- and medium-sized businesses, including youth-owned and women-owned enterprises;
considers ways to promote government and civil society policies and programs that combat corruption and encourage transparency (including by supporting independent media by promoting the safety and security of journalists), free and fair competition, sound governance, judicial reform, environmental stewardship, and business environments conducive to sustainable and inclusive economic growth; and
includes a public diplomacy strategy that describes the actions that will be taken by relevant agencies to increase support for the United States relationship by citizens of Western Balkans countries.
Briefing.— Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the progress made towards developing the strategy required under paragraph (2).
Regional Economic Connectivity and Development Initiative.—
Authorization.— The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, may coordinate a regional economic connectivity and development initiative for the region comprised of each Western Balkans country and any European Union member country that shares a border with a Western Balkans country (referred to in this subsection as the “Western Balkans region”) in accordance with this subsection.
Initiative elements.— The initiative authorized under paragraph (1) shall—
promote private sector growth and competitiveness and increase the capacity of businesses, particularly small and medium-sized enterprises, in the Western Balkans region;
aim to increase intraregional exports to countries in the Balkans and European Union member states;
aim to increase United States economic activity and investments in countries in the Western Balkans;
support startup companies, including companies led by youth or women, in the Western Balkans region by—
providing training in business skills and leadership; and
providing opportunities to connect to sources of capital;
encourage and promote increased economic activity and investment in the Western Balkans through engagement with the Western Balkans diaspora communities in the United States and abroad;
provide assistance to the governments and civil society organizations of Western Balkans countries to develop—
regulations to ensure fair and effective investment; and
screening tools to identify and deter malign foreign investments and other coercive economic practices;
identify areas where application of additional resources and workforce retraining could expand successful programs to 1 or more countries in the Western Balkans region by building on the existing experience and program architecture;
compare existing single-country sector analyses to determine areas of focus that would benefit from a regional approach with respect to the Western Balkans region; and
promote intraregional economic connectivity throughout the Western Balkans region through—
programming, including grants, cooperative agreements, and other forms of assistance;
expanding awareness of the availability of loans and other financial instruments from the United States Government; and
coordinating access to existing instruments to promote economic activity and investment that are available through allies and partners in the Western Balkans region, including the European Union and international financial institutions.
Support for regional infrastructure projects.— The initiative authorized under paragraph (1) should facilitate and prioritize support for regional infrastructure projects, including—
transportation projects that build roads, bridges, railways and other physical infrastructure to facilitate travel of goods and people throughout the Western Balkans region;
technical support and the promotion of investments needed to meet United States and European Union standards for air travel, including screening and information sharing;
the development of telecommunications networks with trusted providers;
infrastructure projects that connect Western Balkans countries to each other and to countries with which they share a border;
information exchange on effective tender procedures and transparent procurement processes;
investment transparency programs that will help countries in the Western Balkans analyze gaps and establish institutional and regulatory reforms necessary—
to create an enabling environment for economic activities and investment; and
to strengthen protections against high-risk investments;
sharing best practices learned from the United States and other international partners to ensure that institutional and regulatory mechanisms are fair, nonarbitrary, effective, and free from corruption;
projects that support regional energy security and reduce dependence on Russian energy;
technical assistance and generating private investment in projects that promote connectivity and energy-sharing in the Western Balkans region;
technical assistance to support regional collaboration on environmental protection that includes governmental, political, civic, and business stakeholders; and
technical assistance to develop financing options and help create linkages with potential financing institutions and investors.
Requirements.— All programming under the initiative authorized under paragraph (1) should—
be open to the participation of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia;
be consistent with European Union accession requirements;
be focused on retaining talent within the Western Balkans;
promote government policies in Western Balkans countries that encourage free and fair competition, sound governance, environmental protection, and business environments that are conducive to sustainable and inclusive economic growth; and
include a public diplomacy strategy to inform local and regional audiences in the Western Balkans region about the initiative, including specific programs and projects.
United States International Development Finance Corporation.—
Appointments.— Not later than 1 year after the date of the enactment of this Act, subject to the availability of appropriations, the Chief Executive Officer of the United States International Development Finance Corporation, in collaboration with the Secretary of State, should consider including a regional office with responsibilities for the Western Balkans within the Corporation’s plans to open new regional offices.
Joint report.— Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States International Development Finance Corporation and the Secretary of State should submit a joint report to the appropriate committees of Congress that includes—
an assessment of the benefits of providing sovereign loan guarantees to countries in the Western Balkans to support infrastructure and energy diversification projects;
an outline of additional resources, such as tools, funding, and personnel, which may be required to offer sovereign loan guarantees in the Western Balkans; and
an assessment of how the United States International Development Finance Corporation, in coordination with the United States Trade and Development Agency and the Export-Import Bank of the United States, can deploy its insurance products in support of bonds or other instruments issued to raise capital through United States financial markets in the Western Balkans.
SEC. 8337. Promoting Cross-Cultural and Educational Engagement.
Sense of Congress.— It is the sense of Congress that—
promoting partnerships between United States universities and universities in the Western Balkans advances United States foreign policy goals and requires a whole-of-government approach, including the utilization of public-private partnerships; and
such partnerships would provide opportunities for exchanging academic ideas, technical expertise, research, and cultural understanding for the benefit of the United States and may provide additional beneficial opportunities for cooperation in the private sector.
University Partnerships.— The President, working through the Secretary of State, is authorized to promote partnerships between United States universities and universities in the Western Balkans, including—
supporting research and analysis on cyber resilience;
working with partner governments to reform policies, improve curricula, strengthen data systems, train teachers and students, including English language teaching, and to provide quality, inclusive learning materials;
encouraging knowledge exchanges to help provide individuals, especially those who historically have had reduced access to relevant education, training, and skills for meaningful employment;
promoting teaching and research exchanges between institutions of higher education in the Western Balkans and in the United States; and
encouraging alliances and exchanges with like-minded institutions of education within the Western Balkans and the larger European continent.
SEC. 8338. Young Balkan Leaders Initiative.
Sense of Congress.— It is the sense of Congress that—
regular people-to-people exchange programs that bring religious leaders, journalists, civil society members, politicians, and other individuals from the Western Balkans to the United States will strengthen existing relationships and advance United States interests and shared values in the Western Balkans region; and
the Department of State, through BOLD, a leadership program for young leaders in certain Western Balkans countries, plays an important role to develop young leaders in improving civic engagement and economic development in Bosnia and Herzegovina, Serbia, and Montenegro.
Authorization.— The Secretary of State should continue the BOLD Leadership Program, which shall hereafter be known as the “Young Balkan Leaders Initiative”, to promote educational and professional development for young adult leaders and professionals in the Western Balkans who have demonstrated a passion to contribute to the continued development of the Western Balkans region.
Conduct of Initiative.— The goals of the Young Balkan Leaders Initiative should include—
building the capacity of young Balkan leaders in the Western Balkans in the areas of business and information technology, cyber security and digitization, agriculture, civic engagement, and public administration;
supporting young Balkan leaders by offering professional development, training, and networking opportunities, particularly in the areas of leadership, innovation, civic engagement, elections, human rights, entrepreneurship, good governance, public administration, and journalism;
supporting young political, parliamentary, and civic Balkan leaders in collaboration on regional initiatives related to good governance, environmental protection, government ethics, and minority inclusion; and
providing increased economic and technical assistance to young Balkan leaders to promote economic growth and strengthen ties between businesses, investors, and entrepreneurs in the United States and in Western Balkans countries.
Fellowships.— Under the Young Balkan Leaders Initiative, the Secretary of State is authorized to award fellowships to young leaders from the Western Balkans who—
are between 18 and 35 years of age;
have demonstrated strong capabilities in entrepreneurship, innovation, public service, and leadership;
have had a positive impact in their communities, organizations, or institutions, including by promoting cross-regional and multiethnic cooperation; and
represent a cross-section of the country’s demographics.
Briefing on Certain Exchange Programs.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress that describes the status of exchange programs involving the Western Balkans region.
SEC. 8339. Supporting Cybersecurity and Cyber Resilience in the Western Balkans.
Sense of Congress.— It is the sense of Congress that—
United States support for cybersecurity, cyber resilience, and secure ICT infrastructure in Western Balkans countries will strengthen the region’s ability to defend itself from and respond to malicious cyber activity conducted by nonstate and foreign actors, including foreign governments, that seek to influence the region;
insecure ICT networks that are vulnerable to manipulation can increase opportunities for—
the compromise of cyber infrastructure, including data networks, electronic infrastructure, and software systems; and
the use of online information operations by adversaries and malign actors to undermine United States allies and interests;
it is in the national security interest of the United States to support the cybersecurity and cyber resilience of Western Balkans countries; and
it is in the national security interest of the United States to support continued progress to enhance cybersecurity infrastructure in Western Balkan countries in response to threats posed by state and non-state actors, including threats originating from the Russian Federation, the People’s Republic of China, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.
Interagency Report on Cybersecurity and the Digital Information Environment in Western Balkans Countries.— Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal agencies, shall submit a report to the appropriate committees of Congress and the Committee on Armed Services of the Senate that contains—
an overview of interagency efforts to strengthen cybersecurity and cyber resilience in Western Balkans countries;
a review of the information environment in each Western Balkans country;
a review of existing United States Government cyber and digital initiatives that—
counter influence operations and safeguard elections and democratic processes in Western Balkans countries;
strengthen ICT infrastructure, digital accessibility, and cybersecurity capacity in the Western Balkans;
support democracy and internet freedom in Western Balkans countries; and
build cyber capacity of governments who are allies or partners of the United States;
an assessment of cyber threat information sharing between the United States and Western Balkans countries;
an assessment of—
options for the United States to better support cybersecurity and cyber resilience in Western Balkans countries through changes to current assistance authorities; and
the advantages or limitations, such as funding or office space, of posting cyber professionals from other Federal departments and agencies to United States diplomatic posts in Western Balkans countries and providing relevant training to Foreign Service Officers; and
any additional support needed from the United States for the cybersecurity and cyber resilience of the following NATO Allies: Albania, Montenegro, and North Macedonia.
SEC. 8340. Relations Between Kosovo and Serbia.
Sense of Congress.— It is the sense of Congress that—
the Agreement on the Path to Normalization of Relations, which was agreed to by Kosovo and Serbia on February 27, 2023, with the facilitation of the European Union, is a positive step forward in advancing normalization between the two countries;
Serbia and Kosovo should seek to make immediate progress on the Implementation Annex to the agreement referred to in paragraph (1);
once sufficient progress has been made on the Implementation Annex, the United States should consider advancing initiatives to strengthen bilateral relations with both countries, which could include—
establishing bilateral strategic dialogues with Kosovo and Serbia; and
advancing concrete initiatives to deepen economic ties and investment with both countries; and
the United States should continue to support a comprehensive final agreement between Kosovo and Serbia based on mutual recognition.
Statement of Policy.— It is the policy of the United States Government that—
it shall not pursue any policy that advocates for land swaps, partition, or other forms of redrawing borders along ethnic lines in the Western Balkans as a means to settle disputes between nation states in the region; and
it should support pluralistic democracies in countries in the Western Balkans as a means to prevent a return to the ethnic strife that once characterized the region.
SEC. 8341. Reports on Russian and Chinese Malign Influence Operations and Campaigns in the Western Balkans.
Reports Required.— Not later than 180 days after the date of the enactment of this Act, and every two years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and the heads of other Federal departments or agencies, as appropriate, shall submit a report to the appropriate committees of Congress, the Select Committee on Intelligence of the Senate, the Committee on Armed Services of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives regarding Russian and Chinese malign influence operations and campaigns carried out with respect to Balkan countries that seek—
to undermine democratic institutions;
to promote political instability; and
to harm the interests of the United States and North Atlantic Treaty Organization member and partner states in the Western Balkans.
Elements.— Each report submitted pursuant to subsection (a) shall include—
an assessment of the objectives of the Russian Federation and the People’s Republic of China regarding malign influence operations and campaigns carried out with respect to Western Balkans countries—
to undermine democratic institutions, including the planning and execution of democratic elections;
to promote political instability; and
to manipulate the information environment;
the activities and roles of the Department of State and other relevant Federal agencies in countering Russian and Chinese malign influence operations and campaigns;
an assessment of—
each network, entity and individual, to the extent such information is available, of Russia, China, or any other country with which Russia or China may cooperate, that is supporting such Russian or Chinese malign influence operations or campaigns, including the provision of financial or operational support to activities in a Western Balkans country that may limit freedom of speech or create barriers of access to democratic processes, including exercising the right to vote in a free and fair election; and
the role of each such entity in providing such support;
the identification of the tactics, techniques, and procedures used in Russian or Chinese malign influence operations and campaigns in Western Balkans countries;
an assessment of the effect of previous Russian or Chinese malign influence operations and campaigns that targeted alliances and partnerships of the United States Armed Forces in the Western Balkans, including the effectiveness of such operations and campaigns in achieving the objectives of Russia and China, respectively;
the identification of each Western Balkans country with respect to which Russia or China has conducted or attempted to conduct a malign influence operation or campaign;
an assessment of the capacity and efforts of NATO and of each individual Western Balkans country to counter Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries;
the efforts by the United States to combat such malign influence operations in the Western Balkans, including through the Countering Russian Influence Fund and the Countering People’s Republic of China Malign Influence Fund;
an assessment of the tactics, techniques, and procedures that the Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, determines are likely to be used in future Russian or Chinese malign influence operations and campaigns carried out with respect to Western Balkans countries; and
activities that the Department of State and other relevant Federal agencies could use to increase the United States Government’s capacity to counter Russian and Chinese malign influence operations and campaigns in Western Balkans countries.
Form.— Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Subtitle D Countering Wrongful Detention Act of 2025
SEC. 8351. Short Title.
This title may be cited as the “Countering Wrongful Detention Act of 2025”.
SEC. 8352. Designation of a Foreign Country as a State Sponsor of Unlawful or Wrongful Detention.
The Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.) is amended by inserting after section 306 the following:
“SEC. 306A. DESIGNATION OF A FOREIGN COUNTRY AS A STATE SPONSOR OF UNLAWFUL OR WRONGFUL DETENTION.
“(a) In General.—Subject to the notice requirement of subsection (c)(1)(A), the Secretary of State, in consultation with the heads of other relevant Federal agencies, may designate a foreign country that has provided support for or directly engaged in the unlawful or wrongful detention of a United States national as a State Sponsor of Unlawful or Wrongful Detention based on any of the following criteria:
“(1) The unlawful or wrongful detention of a United States national occurs in the foreign country.
“(2) The government of the foreign country or an entity organized under the laws of a foreign country has failed to release an unlawfully or wrongfully detained United States national within 30 days of being officially notified by the Department of State of the unlawful or wrongful detention.
“(3) Actions taken by the government of the foreign country indicate that the government is responsible for, complicit in, or materially supports the unlawful or wrongful detention of a United States national, including by acting as described in paragraph (2) after having been notified by the Department of State.
“(4) The actions of a state or nonstate actor in the foreign country, including any previous action relating to unlawful or wrongful detention or hostage taking of a United States national, pose a risk to the safety and security of United States nationals abroad sufficient to warrant designation of the foreign country as a State Sponsor of Unlawful or Wrongful Detention, as determined by the Secretary.
“(b) Termination of Designation.—The Secretary of State may terminate the designation of a foreign country under subsection (a) if the Secretary certifies to Congress that the government of the foreign country—
“(1) has released the United States nationals unlawfully or wrongfully detained within the territory of the foreign country;
“(2) has positively contributed to the release of United States nationals taken hostage within the territory of the foreign country or from the custody of a nonstate entity;
“(3) has demonstrated changes in leadership or policies with respect to unlawful or wrongful detention and hostage taking; or
“(4) has provided assurances that the government of the foreign country will not engage or be complicit in or support acts described in subsection (a).
“(c) Briefing and Reports to Congress; Publication.—
“(1) Consultation and reports to congress.—
“(A) Consultation.—Prior to the designation under subsection (a), the Secretary of State shall consult the appropriate committees of Congress.
“(B) Reporting requirement.—Not later than 7 days after making a designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State shall submit to the appropriate committees of Congress a report notifying the committees of the designation, including a certification of which criteria in subsection (a) are the basis for the designation.
“(C) Elements.—In each report submitted under subparagraph (B) with respect to the designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention, the Secretary shall include—
“(i) the justification for the designation; and
“(ii) a description of any action taken by the United States Government, including the Secretary of State or the head of any other relevant Federal agency, in response to the designation to deter the unlawful or wrongful detention or hostage-taking of foreign nationals in the country.
“(2) Initial briefing required.—Not later than 60 days after the date of the enactment of this section, the Secretary shall brief Congress on the following:
“(A) Whether any of the following countries should be designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a):
“(i) Afghanistan.
“(ii) The Islamic Republic of Iran.
“(iii) The People’s Republic of China.
“(iv) The Russian Federation.
“(v) Venezuela under the regime of Nicolás Maduro.
“(vi) The Republic of Belarus.
“(B) The steps taken by the Secretary and the heads of other relevant Federal agencies to deter the unlawful and wrongful detention of United States nationals and to respond to such detentions, including—
“(i) any engagement with private sector companies to optimize the distribution of travel advisories; and
“(ii) any engagement with private companies responsible for promoting travel to foreign countries engaged in the unlawful or wrongful detention of United States nationals.
“(C) An assessment of a possible expansion of chapter 97 of title 28, United States Code (commonly known as the ‘Foreign Sovereign Immunities Act of 1976’) to include an exception from asset seizure immunity for State Sponsors of Unlawful or Wrongful Detention.
“(D) A detailed plan on the manner by which a geographic travel restriction should or could be instituted against State Sponsors of Unlawful or Wrongful Detention.
“(E) The progress made in multilateral fora, including the United Nations and other international organizations, to address the unlawful and wrongful detention of United States nationals, in addition to nationals of partners and allies of the United States in foreign countries.
“(3) Annual briefing.—
“(A) In general.—Not later than one year after the date of the enactment of this section, and annually thereafter for 5 years, the Assistant Secretary of State for Consular Affairs and the Special Presidential Envoy for Hostage Affairs shall brief the appropriate committees of Congress with respect to unlawful or wrongful detentions taking place in the countries listed under paragraph (2)(A) and actions taken by the Secretary of State and the heads of other relevant Federal agencies to deter the wrongful detention of United States nationals, including any steps taken in accordance with paragraph (2)(B).
“(B) No limitation on other briefings.—Any briefings pursuant to subparagraph (A) shall be in addition to any briefings requested by the appropriate congressional committees. Nothing in this provision shall be construed to limit the provision of any other briefings to the appropriate committees of Congress.
“(4) Publication.—The Secretary shall make available on a publicly accessible website of the Department of State, and regularly update, a list of foreign countries designated as State Sponsors of Unlawful or Wrongful Detention under subsection (a).
“(d) Review of Available Responses to State Sponsors of Unlawful or Wrongful Detention.—Upon designation of a foreign country as a State Sponsor of Unlawful or Wrongful Detention under subsection (a), the Secretary of State, in consultation with the heads of other relevant Federal agencies, shall conduct a comprehensive review of the use of existing authorities to respond to and deter the unlawful or wrongful detention of United States nationals in the foreign country, including—
“(1) sanctions available under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.);
“(2) visa restrictions available under section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2024 (division F of Public Law 118–47; 8 U.S.C. 1182 note) or any other provision of Federal law;
“(3) sanctions available under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.);
“(4) restrictions on assistance provided to the government of the country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other provision of Federal law;
“(5) restrictions on the export of certain goods to the country under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.), or any other Federal law; and
“(6) designating the government of the country as a government that has repeatedly provided support for acts of international terrorism pursuant to—
“(A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
“(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);
“(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or
“(D) any other provision of law.
“(e) Defined Term.—In this section, the term ‘appropriate committees of Congress’ means—
“(1) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Judiciary of the Senate; and
“(2) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Judiciary of the House of Representatives.
“(f) Rules of Construction.—Nothing in this section may be construed to imply that—
“(1) the United States Government formally recognizes any particular country or the government of such country as legitimate; or
“(2) every United States national detained in a country designated as a State Sponsor of Unlawful or Wrongful Detention under subsection (a) should be or is determined to be wrongfully detained under the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741 et seq.).”
SEC. 8353. Congressional Report on Components Related to Hostage Affairs and Recovery.
In General.— Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the following:
The Hostage Response Group established pursuant to section 305(a) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741c(a)).
The Hostage Recovery Fusion Cell established pursuant to section 304(a) of such Act (22 U.S.C. 1741b(a)).
The Office of the Special Presidential Envoy for Hostage Affairs established pursuant to section 303(a) of such Act (22 U.S.C. 1741a(a)).
Elements.— The report required by subsection (a) shall include—
a description of the existing structure of each component listed in subsection (a);
recommendations on how the components can be improved, including through reorganization or consolidation of the components; and
cost efficiencies on the components listed in subsection (a), including resources available to eligible former wrongful detainees and hostages and their family members.
SEC. 8354. Rule of Construction.
Nothing in this title or the amendments made by this title may be construed as preventing the freedom of travel of United States citizens.
Subtitle E Other Matters
SEC. 8361. National Registry of Korean American Divided Families.
National Registry.—
In general.— The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, the Assistant Secretary of State for Consular Affairs, or such other individual as the Secretary may designate, shall—
engage, to the extent practicable, Korean American families who wish to be reunited with family members residing in North Korea from which such Korean American families were divided after the signing of the Agreement Concerning a Military Armistice in Korea, signed at Panmunjom July 27, 1953 (commonly referred to as the “Korean War Armistice Agreement” ), in anticipation of future reunions for such families and family members, including in-person and video reunions; and
establish a private, internal national registry of the names and other relevant information of such Korean American families—
to facilitate such future reunions; and
to provide for a repository of information about such Korean American families and family members in North Korea, including information about individuals who may be deceased.
Disclosure of information.— The Secretary of State may enter into agreements with Korean individuals and families, academic institutions, or other members of the public, as appropriate, to share, in whole or in part, information collected and housed in the database if—
the United States person whose personally identifiable information would be disclosed as a result of an agreement has provided consent to such disclosure; and
the agreement outlines reasonable steps and commitments to ensure that any information disclosed as a result of such agreement is—
kept private and confidential; and
will not be disclosed improperly to other parties outside the agreement.
Actions to Facilitate Dialogue Between the United States and North Korea.—
In general.— The Secretary of State should take steps to ensure that any direct dialogue between the United States and North Korea includes progress towards holding future reunions for Korean American families and their family members in North Korea.
Consultations.— The Secretary of State shall consult with the Government of the Republic of Korea, as appropriate, in carrying out this subsection.
Reporting requirement.—
In general.— The Secretary of State, acting through the Special Envoy on North Korean Human Rights Issues, shall include in each report required under section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) a description of the consultations described in paragraph (2) conducted during the year preceding the submission of the report.
Elements.— The reporting required under subparagraph (A) should include—
the status of the national registry established pursuant to subsection (a)(1)(B);
the number of individuals included on the registry who—
have met their family members in North Korea during previous reunions; and
have yet to meet their family members in North Korea;
a summary of responses by North Korea to requests by the United States Government to hold reunions of divided families; and
a description of actions taken by North Korea that prevent the emigration of family members of Korean American families.
Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
SEC. 8362. Sense of Congress on Russia’s Illegal Abduction of Ukrainian Children.
Findings.— Congress finds the following:
Since the Russian Federation’s full-scale invasion of Ukraine in February 2022, the Russian Federation military forces and the Government of the Russian Federation have abducted, forcibly transferred, or facilitated the illegal deportation of at least 20,000 Ukrainian children.
The Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children has left countless children and families with devastating physical and psychological trauma.
Sense of Congress.— It is the sense of Congress that Congress—
condemns the Russian Federation’s abduction, forcible transfer, and facilitation of the illegal deportation of Ukrainian children; and
implores the Russian Federation to work with the international community to ensure the return, without delay, of all forcibly transferred Ukrainian children to their families.
SEC. 8363. Supporting the Identification and Recovery of Abducted Ukrainian Children.
Short Title.— This section may be cited as the “Abducted Ukrainian Children Recovery and Accountability Act”.
Findings.— Congress finds the following:
According to a White House press release, dated March 25, 2025, “The United States and Ukraine agreed that the United States remains committed to helping achieve the exchange of prisoners of war, the release of civilian detainees, and the return of forcibly transferred Ukrainian children.”.
To implement the commitment referred to in paragraph (1), the United States Government requires an organized and resourced policy approach to assist Ukraine with—
investigations of Russia’s abduction of Ukrainian children;
the rehabilitation and reintegration of children returned to Ukraine; and
justice and accountability for perpetrators of the abductions.
Authorization of Technical Assistance and Advisory Support.—
In general.— The Department of Justice and the Department of State are authorized—
to provide law enforcement and intelligence technical assistance, training, capacity building, and advisory support to the Government of Ukraine in support of the commitment described in subsection (b)(1); and
to advance the objectives described in subsection (b)(2).
Type of assistance.— The law enforcement and intelligence technical assistance authorized under paragraph (1)(A) may include—
training regarding the utilization of biometric identification technologies in abduction and trafficking in persons investigations;
assistance with respect to collecting and analyzing open source intelligence information;
assistance in the development and use of secure communications technologies; and
assistance with respect to managing and securing relevant databases.
Reports.— Not later than 30 days after the determination to provide assistance in any category identified in this subsection, the Secretary of State shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on—
the amount of assistance determined to be obligated;
the type of assistance to be utilized; and
any information on the technology operationalized to support the means identified in this subsection.
Coordination.—
Nongovernmental organizations.— The Department of Justice and the Department of State may coordinate with nongovernmental organizations to carry out the assistance authorized under subsection (c).
Federal agencies.— The National Security Council may coordinate with appropriate representatives from the Department of Justice, the Department of State, the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), and other Federal agencies, as needed, to carry out the assistance authorized under subsection (c).
Rehabilitation and Reintegration.—
Authorization of assistance.— The Secretary of State is authorized to provide support to the Government of Ukraine and nongovernmental organizations and local civil society groups in Ukraine for the purpose of providing Ukrainian children (including teenagers) who have been abducted, forcibly transferred, or held against their will by the Russian Federation with—
medical and psychological rehabilitation services;
family reunification and support services; and
services in support of the reintegration of such children into Ukrainian society, including case management, legal aid, and educational screening and placement.
Report.— Not later than 60 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes all current or planned foreign assistance programs that will provide the assistance authorized under paragraph (1).
Atrocity Crimes Advisory Group for Ukraine.— The Department of State is authorized to support the Atrocity Crimes Advisory Group for Ukraine by providing technical assistance, capacity building, and advisory support to the Government of Ukraine’s Office of the Prosecutor General, and other relevant components of the Government of Ukraine, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
Department of Justice.— The Department of Justice is authorized to provide technical assistance, capacity building, and advisory support to the Government of Ukraine through its Office of Overseas Prosecutorial Development, Assistance, and Training, which shall be coordinated by the Resident Legal Adviser at the United States Embassy in Kyiv, for the purpose of investigating and prosecuting cases involving abducted children, and other atrocity crimes.
Reports.— Not later than 60 days after the date of the enactment of this Act—
the Secretary of State, in coordination with the Attorney General, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on the Judiciary of the House of Representatives that describes current and planned United States Government support for the Government of Ukraine’s work to investigate and prosecute atrocity crimes; and
the Secretary of State, in coordination with the Secretary of the Treasury, shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Financial Services of the House of Representatives that outlines—
any discrepancies between the sanctions regimes of the United States, the United Kingdom, and the European Union with respect to those responsible for the abduction of Ukrainian children; and
efforts made by the United States Government to better align such sanction regimes.
SEC. 8364. Fairness in Issuance of Tactical Gear to Diplomatic Security Service Personnel.
In General.— In any instance when the Diplomatic Security Service of the Department of State issues tactical gear to Special Agents, uniform division officers, or personal service contractors, the Service must, whenever such products are commercially available, provide both men’s and women’s sizing options.
Tactical Gear Defined.— In this section, the term “tactical gear” includes, among other items, ballistic plates, ballistic plate carriers, helmets, media jackets, tactical pants, and gloves.
SEC. 8365. Strategy for Countering Transnational Criminal Organizations in Mexico.
In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report with a strategy for countering transnational criminal organizations in Mexico.
Strategy Elements.— The strategy required by subsection (a) shall include the following elements:
A detailed plan for how United States security assistance will—
dismantle transnational criminal networks that traffic illicit drugs, including fentanyl, into the United States and profit from other criminal activities, including pervasive human trafficking and human smuggling, weapons trafficking, cybercrimes, money laundering, and the importation of precursor chemicals to mass-produce illicit drugs;
increase the capacity of Mexico’s military and public security institutions to improve security at Mexico’s northern and southern borders and degrade transnational criminal organizations; and
enhance the institutional capacity of civilian law enforcement, prosecutors, and courts to strengthen rule of law, redress public corruption related to the activities and influence of transnational criminal organizations, and combat impunity.
A detailed summary of activities to implement the plan described in paragraph (1), including a list of implementing government entities and nongovernmental organizations.
A detailed assessment of previous assistance to Mexico under the Mérida Initiative and the Bicentennial Framework for Security, Public Health, and Safe Communities focused on how these initiatives advanced United States national security objectives, including those listed in paragraph (1)(A).
A detailed summary of priorities, milestones, and performance measures to monitor and evaluate results of the strategy.
A fraud risk assessment, conducted by the Office of the Inspector General of the Department of State for the Department of State’s current security assistance programs in Mexico that—
identifies inherent fraud risks affecting such programs;
assesses the likelihood and impact of inherent fraud risks;
determines fraud risk tolerance;
examines the suitability of existing fraud controls and prioritizes residual fraud risks; and
documents the program’s fraud risk profile.
Bilateral Cooperation Reporting.— The report required by subsection (a) shall include an overview of bilateral cooperation mechanisms and engagements between the United States Government and the Government of Mexico, such as diplomatic engagements, security assistance programs, technical assistance, and other forms of cooperation that advance the priorities described in subsection (b).
Form.— The report and strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Implementation Report.— Not later than one year after the submission of the report and strategy required by subsection (a), and annually thereafter for five years, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the strategy.
Rule of Construction Regarding Use of Military Force Against Mexico.— Nothing in this section may be construed as an authorization for the use of military force against Mexico or any entity within Mexico.
SEC. 8366. International Nuclear Energy.
Short Title.— This section may be cited as the “International Nuclear Energy Act of 2025”.
Definitions.— In this section:
Advanced nuclear reactor.— The term “advanced nuclear reactor” has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)), except that, for purposes of this section, the reference to “reactors operating on the date of enactment of the Energy Act of 2020” in paragraph (1)(A) of that section shall be deemed to read “reactors operating in the United States on the date of enactment of the Energy Act of 2020”.
Ally or partner nation.— The term “ally or partner nation” means—
the Government of any country that is a member of the Organization for Economic Co-operation and Development;
the Government of the Republic of India; and
the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this section.
Appropriate committees of congress.— The term “appropriate committees of Congress” means—
the Committees on Foreign Relations, Homeland Security and Governmental Affairs, and Energy and Natural Resources of the Senate; and
the Committees on Foreign Affairs, Science, Space, and Technology, and Energy and Commerce of the House of Representatives.
Associated entity.— The term “associated entity” means an entity that—
is owned, controlled, or operated by—
an ally or partner nation; or
an associated individual; or
is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph.
Associated individual.— The term “associated individual” means a foreign national who is a national of a country described in paragraph (2).
Civil nuclear.— The term “civil nuclear” means activities, other than atomic energy defense activities, relating to—
nuclear plant construction;
nuclear fuel services;
nuclear energy financing;
nuclear plant operations;
nuclear plant regulation;
nuclear medicine;
nuclear safety;
community engagement in areas in reasonable proximity to nuclear sites;
infrastructure support for nuclear energy;
nuclear plant decommissioning;
nuclear liability;
safe storage and safe disposal of spent nuclear fuel;
environmental safeguards;
nuclear nonproliferation and security; and
technology related to the matters described in subparagraphs (A) through (N).
Embarking civil nuclear nation.—
In general.— The term “embarking civil nuclear nation” means a country that—
does not have a civil nuclear energy program;
is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for—
nuclear safety;
nuclear security;
radioactive waste management;
civil nuclear energy;
environmental safeguards;
community engagement in areas in reasonable proximity to nuclear sites;
nuclear liability; or
nuclear reactor licensing;
is in the process of selecting, developing, constructing, or utilizing nuclear reactors, including advanced nuclear reactors, or advanced civil nuclear technologies; or
is eligible to receive development lending from the World Bank.
Exclusions.— The term “embarking civil nuclear nation” does not include—
the People’s Republic of China;
the Russian Federation;
the Republic of Belarus;
the Islamic Republic of Iran;
the Democratic People’s Republic of Korea;
the Republic of Cuba;
the Bolivarian Republic of Venezuela;
Burma; or
any other country—
the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or
the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of—
section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a));
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d));
section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or
any other relevant provision of law.
Secretary.— The term “Secretary” means the Secretary of Energy.
Spent nuclear fuel.— The term “spent nuclear fuel” has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
United states nuclear energy company.— The term “United States nuclear energy company” means a company that—
is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and
is involved in the nuclear energy industry.
Nuclear Exports Working Group.—
Establishment.— There is established a working group, to be known as the “Nuclear Exports Working Group” (referred to in this subsection as the “working group”).
Composition.— The working group shall be composed of—
senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate; and
other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate.
Reporting.— The working group shall report to the President or 1 or more Federal officials designated by the President, if applicable.
Duties.— The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A).
Strategy.—
In general.— Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions and prevent the dissemination of nuclear technology, materials, and weapons to adversarial nations and terrorist groups.
Collaboration required.— In establishing the strategy under subparagraph (A), the working group shall collaborate with—
any Federal department or agency that the President determines to be appropriate; and
representatives of private industry and experts in nuclear security and risk reduction, as appropriate.
Engagement With Ally or Partner Nations.—
In general.— The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations.
Financing.—
In general.— In carrying out the initiative described in paragraph (1), the President, acting through an appropriate Federal official, and in coordination with the officials described in subparagraph (B), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations.
Officials described.— The officials referred to in subparagraph (A) are—
appropriate officials of any Federal agency that the President determines to be appropriate; and
appropriate officials representing foreign countries and governments, including—
ally or partner nations;
embarking civil nuclear nations; and
any other country or government that the President , in consultation with the officials described in clause (i), determines to be appropriate.
Activities.— In carrying out the initiative described in paragraph (1), the President shall—
assist nongovernmental organizations, the Department of Energy, and other relevant Federal departments and agencies in the provision of education and training to foreign governments in nuclear safety, security, and safeguards—
through engagement with the International Atomic Energy Agency; or
independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;
assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards;
coordinate with appropriate Federal departments and agencies on efforts to expand outreach to the private investment community and establish public-private financing relationships that enable the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States;
seek to better coordinate, to the maximum extent practicable, the work carried out by any Federal agency that the President determines to be appropriate; and
coordinate with the Export-Import Bank of the United States to improve the efficient and effective exporting of civil nuclear technologies and materials.
Cooperative Financing Relationships With Ally or Partner Nations and Embarking Civil Nuclear Nations.—
In general.— The President shall designate an appropriate White House official to coordinate with the officials described in subsection (d)(2)(B) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations.
United states competitiveness clauses.—
Definition of united states competitiveness clause.— In this paragraph, the term “United States competitiveness clause” means any United States competitiveness provision in any agreement entered into by the Department of Energy, including—
a cooperative agreement;
a cooperative research and development agreement; and
a patent waiver.
Consideration.— In carrying out paragraph (1), the relevant officials described in that paragraph shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that paragraph.
Waiver.— The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under paragraph (1).
Cooperation With Ally or Partner Nations on Advanced Nuclear Reactor Demonstration and Cooperative Research Facilities for Civil Nuclear Energy.—
In general.— Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy.
Requirement.— The meetings described in paragraph (1) shall include—
a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on United States nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and environmental impacts; and
a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to—
the demonstration and deployment of advanced nuclear reactors; and
the development of cooperative research facilities.
Financing arrangements.— In conducting the meetings described in paragraph (1), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the heads of other relevant Federal agencies and only after initial consultation with the appropriate committees of Congress, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.
International Civil Nuclear Energy Cooperation.— Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended—
in the matter preceding paragraph (1), by striking “ The Secretary” and inserting the following:
“(a) In General.—The Secretary”
in subsection (a) (as so designated)—
in paragraph (1)—
by striking “ financing,”; and
by striking “ and” after the semicolon at the end;
in paragraph (2)—
in subparagraph (A), by striking “ preparations for”; and
in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(3) to support, with the concurrence of the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and
“(4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in subsection (b) of the International Nuclear Energy Act of 2025) in civil nuclear energy programs outside the United States through—
“(A) bilateral and multilateral arrangements developed and executed with the concurrence of the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of United States nuclear energy companies (as defined in that subsection);
“(B) the designation of 1 or more United States nuclear energy companies (as defined in that subsection) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; and
“(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section.”
; and
by adding at the end the following:
“(b) Requirements.—The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary—
“(1) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as—
“(A) training;
“(B) financing;
“(C) safety;
“(D) security;
“(E) safeguards;
“(F) liability;
“(G) advanced fuels;
“(H) operations; and
“(I) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and
“(2) in coordination with any Federal agency that the President determines to be appropriate.
“(c) Authorization of Appropriations.—Of funds authorized to be appropriated or otherwise made available to the Secretary to carry out activities related to international civil nuclear energy cooperation, there is authorized to be appropriated for each of fiscal years 2026 through 2030 up to $15,500,000 to carry out this section.”
International Civil Nuclear Program Support.—
In general.— Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, shall launch an international initiative (referred to in this subsection as the “initiative”) to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this subsection, embarking civil nuclear nations for activities relating to the development of civil nuclear energy programs.
Financial assistance.—
In general.— In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to award grants of financial assistance in amounts not greater than $5,500,000 to embarking civil nuclear nations in accordance with this paragraph—
for activities relating to the development of civil nuclear energy programs; and
to facilitate the building of technical capacities for those activities.
Limitations.— The Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, may award—
not more than 1 grant of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation each fiscal year; and
not more than a total of 5 grants of financial assistance under subparagraph (A) to any 1 embarking civil nuclear nation.
Senior advisors.—
In general.— In carrying out the initiative, the Secretary of State, in coordination with the Secretary and 1 or more other Federal officials designated by the President, if applicable, is authorized to provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a United States nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program.
Requirement.— A senior advisor described in subparagraph (A) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities:
The development of financing relationships.
The development of a standardized financing and project management framework for the construction of nuclear power plants.
The development of a standardized licensing framework for—
light water civil nuclear technologies; and
non-light water civil nuclear technologies and advanced nuclear reactors.
The identification of qualified organizations and service providers.
The identification of funds to support payment for services required to develop a civil nuclear program.
Market analysis.
The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.
Risk allocation, risk management, and nuclear liability.
Technical assessments of nuclear reactors and technologies.
The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415).
Stakeholder engagement.
Management of spent nuclear fuel and nuclear waste.
Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements.
Clarification.— Financial assistance under this paragraph is authorized to be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under paragraph (2).
Limitation on assistance to embarking civil nuclear nations.— Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate—
to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this subsection to prevent fraud, waste, and abuse; and
to engage in independent and effective oversight of activities authorized under this subsection through joint or individual audits, inspections, investigations, or evaluations.
Authorization of appropriations.— Of funds authorized to be appropriated or otherwise made available to carry out international civil nuclear energy cooperation, there is authorized to be appropriated to the Secretary of State for fiscal years 2026 through 2030 up to $50,000,000 to carry out this subsection.
Biennial Cabinet-level International Conference on Nuclear Safety, Security, Safeguards, and Sustainability.—
In general.— The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this subsection as a “conference”).
Conference functions.— It is the sense of Congress that each conference should—
be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to—
nuclear safety, security, safeguards, and sustainability;
nonproliferation and environmental safeguards; and
local community engagement in areas in reasonable proximity to nuclear sites;
facilitate—
the development of—
joint commitments and goals to improve—
nuclear safety, security, safeguards, and sustainability;
environmental safeguards; and
local community engagement in areas in reasonable proximity to nuclear sites;
cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;
a standardized financing and project management framework for the construction of civil nuclear power plants;
a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;
a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and
a global civil nuclear liability regime;
cooperation for enhancing the overall aspects of civil nuclear power, such as—
nuclear safety, security, safeguards, and sustainability;
nuclear laws (including regulations);
waste management;
quality management systems;
technology transfer;
human resources development;
localization;
reactor operations;
nuclear liability; and
decommissioning; and
the development and determination of the mechanisms described in subparagraphs (G) and (H) of subsection (j)(1), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that subsection;
strengthen the international institutions that support nuclear safety, security, safeguards, and sustainability; and
foster enhanced international coordination on licensing frameworks for civil nuclear technologies.
Input from industry and government.— It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to—
the safe and secure use, storage, and transport of nuclear and radiological materials;
managing the evolving cyber threat to nuclear and radiological security; and
the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.
Advanced Reactor Coordination and Resource Center.—
In general.— The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the “Advanced Reactor Coordination and Resource Center” (referred to in this subsection as the “Center”), for the purposes of—
identifying qualified organizations and service providers—
for embarking civil nuclear nations;
to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and
to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;
coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under subsection (c)—
to identify funds to support payment for services required to develop a civil nuclear program;
to provide market analysis; and
to create—
project structure models;
models for electricity market analysis;
models for nonelectric applications market analysis; and
financial models;
fostering the safety, security, safeguards, and nuclear governance required for a civil nuclear program;
supporting multinational standards or guidance on nuclear safety, security, and safeguards to be developed by countries with civil nuclear programs and experience;
developing and strengthening communications, engagement, and consensus-building;
carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program;
developing mechanisms for how to fund and staff the Center; and
determining mechanisms for the selection of the location or locations of the Center.
Objective.— The President shall carry out paragraph (1) with the objective of establishing the Center if the President determines that it is feasible to do so.
Strategic Infrastructure Fund Working Group.—
Establishment.— There is established a working group, to be known as the “Strategic Infrastructure Fund Working Group” (referred to in this subsection as the “working group”) to provide input on the feasibility of establishing a program to support strategically important capital-intensive infrastructure projects.
Composition.— The working group shall be composed of—
senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any Federal agency or organization that the President determines to be appropriate;
other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and
any senior-level Federal official selected by the President or 1 or more Federal officials designated by the President from any Federal agency or organization.
Reporting.— The working group shall report to the National Security Council.
Duties.— The working group shall—
provide direction and advice to the officials described in subsection (d)(2)(B)(i) and appropriate Federal agencies, as determined by the working group, with respect to the feasibility of establishing a Strategic Infrastructure Fund (referred to in this paragraph as the “Fund”) to be used—
to support those aspects of projects relating to—
civil nuclear technologies; and
microprocessors; and
for strategic investments identified by the working group; and
address critical areas in determining the appropriate design for the Fund, including—
transfer of assets to the Fund;
transfer of assets from the Fund;
how assets in the Fund should be invested; and
governance and implementation of the Fund.
Briefing and report required.—
Briefing.— Not later than 180 days after the date of enactment of this Act, the working group shall brief the committees described in subparagraph (C) on the status of the development of the processes necessary to implement this subsection.
Report.— Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in subparagraph (C) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund or an assessment of why the establishment of the Fund is not feasible.
Committees described.— The committees referred to in subparagraphs (A) and (B) are—
the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, the Committee on Finance, and the Committee on Appropriations of the Senate; and
the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
Joint Assessment Between the United States and India on Nuclear Liability Rules.—
In general.— The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the United States-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis—
to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206);
to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and
to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities.
Report.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to paragraph (1)(A).
Section 123 Agreements.—
In general.— The Secretary of State shall—
pursue, where in the interest of the United States, renegotiation or renewal of agreements for cooperation pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) (commonly referred to, and referred to in this subsection, as “section 123 agreements”) that are scheduled to expire before the date that is 10 years after the date of enactment of this Act; and
pursue, in any renegotiated or new section 123 agreements, agreements that adhere to the highest standards of safety, security, and nonproliferation.
Report.—
In general.— Not later than 1 year after the date of enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that describes United States diplomatic engagement and negotiations for section 123 agreements.
Inclusions.— The report required by paragraph (1) shall include—
an updated list of all countries the Secretary of State with which is pursuing or has pursued section 123 agreements during the 1-year period ending on the date of submission of the report; and
an analysis of current trends of global competition in the civil nuclear sphere with the Russian Federation and the People’s Republic of China up and down the supply chain, including—
the participation of those countries in global nuclear fuel markets; and
trends in the participation of the People’s Republic of China in those markets.
Program to Enhance Global Competitiveness.— The Secretary, in consultation with the relevant heads of other Federal departments and agencies, shall implement a program to enhance the global competitiveness of United States persons (as defined in section 1637(d) of the Carl Levin and Howard P. “Buck” McKeon National Defense Authorization Act for Fiscal Year 2015 (50 U.S.C. 1708(d))) who are nuclear suppliers, investors, or lenders to compete for nuclear projects in foreign countries, including—
expediting the conclusion of intergovernmental agreements on nuclear energy and the fuel supply chain with potential export countries;
promoting broad adherence to the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415); and
encouraging favorable decisions by potential partner countries on the use of nuclear technology, fuel supplies, equipment, and services from the United States.
Rosatom.—
Statement of policy.— It shall be the policy of the United States—
to work with allies and partners to identify alternative nuclear energy suppliers to Russia to end the reliance of those allies and partners on Rosatom;
to promote United States nuclear energy exports and prioritize engagement in countries where Rosatom is present;
to condemn the involvement of Rosatom in Russia’s war of aggression against Ukraine and the role of Rosatom in endangering nuclear safety at the Zaporizhzhia Nuclear Power Plant;
to limit the exploitation of Rosatom by the Russian Federation as a tool of malign influence;
to end United States reliance on the Russian nuclear energy sector; and
to protect national security interests by United States civil nuclear partnerships and exports and to protect the national security interests of the United States.
Strategy.— Not later than 180 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy, shall submit to the appropriate committees of Congress a strategy—
to promote United States nuclear energy exports and United States nuclear energy companies, especially in nations where Rosatom is present;
to utilize the tools available to the United States government to discourage civil nuclear nations from partnering with Rosatom;
to identify what is necessary to effect a permanent decoupling of the United States from the Russian nuclear industry; and
to succeed Rosatom as the primary entity that can provide reactor safety and operation services to the existing Rosatom and Russian-designed and constructed nuclear reactor fleet.
Form.— The strategy required to be submitted under paragraph (2) shall be submitted in unclassified form, but may contain a classified annex.
Savings Provisions.—
Savings provision regarding section 123 agreements.— Except as expressly stated in this section, nothing in this section alters or otherwise affects the interpretation or implementation of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) or any other provision of law, including the requirement that agreements pursuant to that section be submitted to Congress for consideration.
Savings provision regarding authorities of the nuclear regulatory commission.— Nothing in this section affects the authorities of the Nuclear Regulatory Commission.
Sunset.— This section and the amendments made by this section shall cease to have effect on the date that is 20 years after the date of enactment of this Act.
SEC. 8367. Strategy to Respond to Global Bases of the People’s Republic of China.
Assessment.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate congressional committees an intelligence assessment analyzing the risk posed by PRC global bases and potential PRC global bases identified pursuant to subsection (b)(2)(A) to the ability of the United States or any United States ally to project power, maintain freedom of movement, and protect other interests.
Form.— The assessment required in this subsection may be submitted in classified form.
Strategy.—
In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense and other appropriate senior Federal officials, shall submit to the appropriate congressional committees the strategy described in paragraph (2).
Contents.— The strategy described in this paragraph shall—
identify, of the locations where the PRC maintains or is suspected to be seeking a physical presence and that could transition into PRC global bases, not fewer than 5 locations that pose the greatest risk to the ability of the United States or any United States ally to project power, maintain freedom of movement, and protect other interests;
include a comprehensive list of executive branch entities involved in addressing aspects of PRC global base establishment, including estimated programmatic and personal resource requirements on an agency-by-agency basis to effectively address the issue of potential PRC global base establishment, and any relevant resource constraints;
describe in detail all executive branch efforts to mitigate the impacts to the national interests of the United States and partner countries of the locations described in subparagraph (A) and prevent the establishment of PRC global bases, including with resources described pursuant to subparagraph (B); and
for each of the locations identified pursuant to subparagraph (A), identify the actions by the United States or United States allies that would be most effective in ensuring that the government of the country in which such location is located does not host a PRC global base.
Task Force.— Not later than 90 days after the submission of the strategy required in subsection (b), the Secretary of State, in coordination with the Secretary of Defense and other appropriate senior Federal officials, shall establish an interagency task force—
to implement such strategy to counter the PRC’s efforts to establish PRC global bases at the locations identified pursuant to subsection (b)(2)(A); and
to identify mitigation measures that would prevent the PRC from establishing PRC global bases in locations other than the locations identified pursuant to subsection (b)(2)(A).
Quadrennial Reviews and Reports.— Not later than 4 years after the submission of the strategy required in subsection (b), and not less frequently than once every 4 years thereafter, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, and other appropriate senior Federal officials, shall—
conduct a review of the Executive Branch’s strategy and overall approach in response to efforts by the PRC to establish PRC global bases; and
submit to the appropriate congressional committees the results of such review and the updated information described in subsection (b)(2).
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Foreign Relations of the Senate;
the Committee on Armed Services of the Senate;
the Select Committee on Intelligence of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Foreign Affairs of the House of Representatives;
the Committee on Armed Services of the House of Representatives;
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
PRC.— The term “PRC” means the People’s Republic of China.
PRC global base.— The term “PRC global base” means a physical location outside of the PRC where the PRC maintains an element of the People’s Liberation Army, PRC intelligence or security forces, or infrastructure designed to support the presence of PRC military, intelligence, or security forces, for the purposes of power projection.
SEC. 8368. Disposition of Weapons and Materiel in Transit from Iran to the Houthis in Yemen.
Disposition of Weapons and Materiel.— The President may treat as stocks of the United States, including for drawdown uses consistent with section 506(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)), any weapon or materiel intended for the Houthis in the Republic of Yemen and obtained by the United States in transit or otherwise.
Report.— Not later than 180 days after the date of the enactment of this Act, and annually thereafter for five years, the President shall submit to the appropriate committees of Congress a report that includes the following:
The number of times the President exercised the authority under subsection (a).
An inventory of the weapons and materiel treated as United States stocks pursuant to such authority.
An inventory of the weapons and materiel provided to foreign partners, to include the Government of Yemen, pursuant to the authority provided in subsection (a).
An assessment of the capacity and overall professionalism of the Yemeni coast guard, including their capability to expand oversight of Yemen’s territorial waters and carry out lawful anti-piracy and interdiction efforts, particularly with respect to implementation of any relevant United Nations Security Council Resolutions, and an overview of the steps the United States is taking to support these efforts; and
an assessment of the legal authorities underpinning the interdiction of illicit shipments to the Houthis, and related challenges to boosting the success of international interdiction efforts.
Appropriate Committees of Congress Defined.— In this section, the term “appropriate committees of Congress” means—
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
SEC. 8369. Repeal of Caesar Syria Civilian Protection Act of 2019.
Repeal.— The Caesar Syria Civilian Protection Act of 2019 (title LXXIV of division F of Public Law 116–92; 22 U.S.C. 8791 note) is hereby repealed.
Report.— Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter for the following 4 years, the President shall submit to the Committees on Foreign Affairs, Financial Services, and Judiciary of the House of Representatives and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate an unclassified report, with a classified annex if necessary, that certifies whether the Government of Syria—
is taking concrete and tangible action to eliminate the threat posed by ISIS and other terrorist groups, including Al Qaeda and its affiliates, in partnership with the United States, and prevent an ISIS resurgence;
has removed, or is taking steps to remove, foreign fighters from senior roles in the Government of Syria, including those in the state and security institutions of Syria;
is upholding religious and ethnic minority rights in Syria, including with respect to freedom of worship and belief, and allowing for fair and equitable representation in the government, including ministries and parliament;
is not taking unilateral, unprovoked military action against its neighbors, including the State of Israel, and continues to make progress towards international security agreements, as appropriate;
is taking tangible and credible steps to implement the March 10, 2025, agreement as negotiated between the Government of Syria and the Syrian Democratic Forces including commensurate security force integration measures and political representation;
is taking steps to effectively combat money laundering, terrorist financing, and the financing of proliferation of weapons of mass destruction, in line with international standards, and not knowingly financing, assisting (monetarily or through weapons transfers), or harboring sanctioned individuals or groups (including foreign terrorist organizations and specially designated global terrorists) that are harmful to the national security of the United States or allies and partners of the United States in the region;
is actively prosecuting those that have committed serious abuses of internationally recognized human rights since December 8, 2024, including those responsible for the massacre of religious minorities; and
is taking verifiable steps to combat the illicit production and international illicit proliferation of narcotics, including Captagon.
Notification to the Government of Syria.— The President shall inform the Government of Syria of the findings of the report required under subsection (b).
Imposition of Sanctions.—
In general.— If the President is unable to make an affirmative certification under subsection (b) for two consecutive reporting periods, the President may consider whether to impose targeted sanctions on individuals under existing authorities until the President makes an affirmative certification under subsection (b).
Exception.— The sanctions described in this subsection shall not include sanctions on the importation of goods.
Defined term.— In this subsection, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
SEC. 8370. Repeal of Authorizations for Use of Military Force Relating to Iraq.
The following are hereby repealed:
Authorization for Use of Military Force Against Iraq Resolution (Public Law 102–1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed.
The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed.
TITLE LXXXIV National Oceanic and Atmospheric Administration
Subtitle A National Oceanic and Atmospheric Administration Commissioned Officer Corps
SEC. 8401. Title and Qualifications of Head of National Oceanic and Atmospheric Administration Commissioned Officer Corps and Office of Marine and Aviation Operations; Promotions of Flag Officers.
Title and Qualifications of Head.—
In general.— Section 228(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3028(c)) is amended—
in the subsection heading, by striking “ Corps and Office of” and inserting “ Commissioned Officer Corps and Assistant Administrator for”;
in the second sentence, by striking “ serving in” and all that follows through “ half)” and inserting “ who has served, on the date of such appointment, in the grade of captain or above for not less than one year”; and
in the fourth sentence, by striking “ Director of the Office of” and inserting “ Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
Conforming amendment.— Section 4(a) of the Commercial Engagement Through Ocean Technology Act of 2018 (33 U.S.C. 4103(a)) is amended by striking “ Director of the Office of” and inserting “ Assistant Administrator of the National Oceanic and Atmospheric Administration for”.
Promotions of Flag Officers.— Section 226 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3026) is amended—
by striking “ Appointments” and inserting the following:
“(a) In General.—Appointments”
by inserting after “ all permanent grades” the following: “ , other than a grade described in subsection (b),”; and
by adding at the end the following:
“(b) Flag Officers.—Appointments in and promotions to the grade of rear admiral (upper half) or above shall be made by the President, by and with the advice and consent of the Senate.”
SEC. 8402. National Oceanic and Atmospheric Administration Vessel Fleet.
in section 603 (33 U.S.C. 891a)—
in the section heading, by striking “ fleet” and all that follows through “ program” and inserting “ operation and maintenance of noaa fleet”; and
by striking “ is authorized” and all that follows and inserting the following: “ , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall operate and maintain a fleet of vessels to meet the requirements of NOAA in carrying out the mission and functions of NOAA, subject to the requirements of this title.”;
in section 604 (33 U.S.C. 891b)—
in subsection (a), by striking “ Secretary” and all that follows and inserting “ Secretary, acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall develop and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives a replacement and modernization plan for the NOAA fleet not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, and every 2 years thereafter.”;
by striking subsections (b) and (d);
by redesignating subsection (c) as subsection (b);
in subsection (b), as so redesignated—
in paragraph (1), by striking “ proposed” and all that follows and inserting the following: “ in operation in the NOAA fleet as of the date of submission of the Plan, a description of the status of those vessels, and a statement of the planned and anticipated service life of those vessels;”;
by striking paragraph (6);
by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;
by inserting after paragraph (1) the following:
“(2) a plan with respect to operation, maintenance, and replacement of vessels described in paragraph (1), including the schedule for maintenance or replacement and anticipated funding requirements;
“(3) the number of vessels proposed to be constructed by NOAA;”
in paragraph (4), as so redesignated, by striking “ constructed, leased, or chartered” and inserting “ acquired, leased, or chartered by NOAA”;
in paragraph (6), as so redesignated—
by striking “ or any other federal official” and inserting “ the Director of the National Science Foundation, or any other Federal official”; and
by striking “ their availability” and inserting “ the availability of those vessels”;
in paragraph (7), as so redesignated, by striking “ ; and” and inserting a semicolon; and
by adding at the end the following:
“(8) a plan for using small vessels, uncrewed systems, and partnerships to augment the requirements of NOAA for days at sea;
“(9) the number of officers of the NOAA commissioned officer corps and professional wage mariners needed to operate and maintain the NOAA fleet, including the vessels identified under paragraph (3); and
“(10) current and potential challenges with meeting the requirements under paragraph (9) and proposed solutions to those challenges.”
; and
by adding at the end the following:
“(c) Vessel Procurement Approval.—The National Oceanic and Atmospheric Administration may not procure vessels that are more than 65 feet in length without the approval of the Assistant Administrator of NOAA for Marine and Aviation Operations.”
in section 605 (33 U.S.C. 891c)—
in subsection (a), in the matter preceding paragraph (1), by striking “ working through the Office of the NOAA Corps Operations and the Systems Procurement Office” and inserting “ acting through the Assistant Administrator of NOAA for Marine and Aviation Operations”; and
in subsection (b)—
by striking “ shall” and all that follows through “ submit to Congress” and inserting “ , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Science, Space, and Technology of the House of Representatives,”; and
by striking “ subsequent”;
in section 608 (33 U.S.C. 891f)—
by striking subsection (b);
by striking “ (a) Vessel Agreements.—”; and
by inserting after “ Secretary” the following: “ , acting through the Assistant Administrator of NOAA for Marine and Aviation Operations,”; and
in section 610 (33 U.S.C. 891h)—
in subsection (a), by striking “ for carrying” and all that follows and inserting the following: “ $93,000,000 for the period of fiscal years 2025 through 2026 to carry out this title and section 302 of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note).”; and
in subsection (b), by striking “ National Oceanic and Atmospheric Administration fleet modernization” and inserting “ NOAA fleet modernization,”.
Fishery Survey Vessels.— Section 302(a) of the Fisheries Survey Vessel Authorization Act of 2000 (title III of Public Law 106–450; 114 Stat. 1945; 33 U.S.C. 891b note) is amended—
by striking “ may in accordance with this section” and inserting “ may”;
by striking “ up to six”; and
by inserting after “ this section” the following: “ and the NOAA Fleet Modernization Act (33 U.S.C. 891 et seq.)”.
Notifications of Proposed Deactivation of Vessels.— Section 401(b)(4) of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567; 106 Stat. 4291; 33 U.S.C. 891b note) is amended—
by striking “ (A)” and all that follows through “ The Secretary” and inserting “ The Secretary”;
by striking “ the Committee on Merchant Marine and Fisheries” and inserting “ the Committee on Natural Resources and the Committee on Science, Space, and Technology”; and
by striking “ , if an equivalent” and all that follows through “ deactivation”.
SEC. 8403. Cooperative Aviation Centers.
In General.— Section 218 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3008) is amended—
in the section heading, by striking “ aviation accession training programs” and inserting “ cooperative aviation centers”;
in subsection (a), by striking paragraphs (2) and (3) and inserting the following:
“(2) Cooperative aviation center.—The term ‘Cooperative Aviation Center’ means a Cooperative Aviation Center designated under subsection (b)(1).”
in subsection (b)—
in the subsection heading, by striking “ Aviation Accession Training Programs” and inserting “ Cooperative Aviation Centers”;
by striking paragraphs (3) and (4);
by redesignating paragraph (2) as paragraph (3);
by striking paragraph (1) and inserting the following:
“(1) Designation required.—The Administrator shall designate one or more Cooperative Aviation Centers for the commissioned officer corps of the Administration at institutions described in paragraph (3).
“(2) Purpose.—The purpose of Cooperative Aviation Centers is to facilitate the development and recruitment of aviators for the commissioned officer corps of the Administration.”
; and
in paragraph (3), as so redesignated—
in the matter preceding subparagraph (A), inserting “ that” after “ educational institution”;
in subparagraph (A), by striking “ that requests” and inserting “ applies”;
in subparagraph (B)—
by striking “ that has” and inserting “ has”; and
by striking the semicolon and inserting “ ; and”;
in subparagraph (C)—
by striking “ that is located” and inserting “ is located”;
by striking clause (ii);
by striking “ that—” and all that follows through “ experiences” and inserting “ that experiences”; and
by striking “ ; and” and inserting a period; and
by striking subparagraph (D); and
by striking subsections (c), (d), and (e) and inserting the following:
“(c) Cooperative Aviation Centers Advisor.—
“(1) Assignment.—The Administrator shall assign an officer or employee of the commissioned officer corps of the Administration to serve as the Cooperative Aviation Centers Advisor.
“(2) Duties.—The Cooperative Aviation Centers Advisor shall—
“(A) coordinate all engagement of the Administration with Cooperative Aviation Centers, including assistance with curriculum development; and
“(B) serve as the chief aviation recruiting officer for the commissioned officer corps of the Administration.”
Clerical Amendment.— The table of contents in section 1 of the Act entitled “An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes” (Public Law 107–372) is amended by striking the item relating to section 218 and inserting the following:
“Sec. 218. Cooperative Aviation Centers.”.
SEC. 8404. Eligibility of Former Officers to Compete for Certain Positions.
In General.— The National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by inserting after section 269B the following new section:
“SEC. 269C. ELIGIBILITY OF FORMER OFFICERS TO COMPETE FOR CERTAIN POSITIONS.
“(a) In General.—An individual who was separated from the commissioned officer corps of the Administration under honorable conditions after not fewer than 3 years of active service may not be denied the opportunity to compete for a vacant position with respect to which the agency in which the position is located will accept applications from individuals outside the workforce of that agency under merit promotion procedures.
“(b) Type of Appointment.—If selected for a position pursuant to subsection (a), an individual described in that subsection shall receive a career or career-conditional appointment, as appropriate.
“(c) Announcements.—The area of consideration for a merit promotion announcement with respect to a position that includes consideration of individuals within the Federal service for that position shall—
“(1) indicate that individuals described in subsection (a) are eligible to apply for the position; and
“(2) be publicized in accordance with section 3327 of title 5, United States Code.
“(d) Rule of Construction.—Nothing in this section may be construed to confer an entitlement to veterans’ preference that is not otherwise required by any statute or regulation relating to veterans’ preference.
“(e) Regulations.—The Director of the Office of Personnel Management shall prescribe regulations necessary for the administration of this section.
“(f) Reporting Requirement.—Not later than 3 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2026, the Administrator shall submit to the Committees on Commerce, Science, and Transportation and Homeland Security and Governmental Affairs of the Senate and the Committee on Natural Resources, the Committee on Science, Space, and Technology, and the Committee on Oversight and Government Reform of the House of Representatives a report which includes the following:
“(1) A description of how the Administrator has utilized the authority granted under this section, including the number and locations of individuals hired utilizing the authority granted under this section.
“(2) An overview of the impact to Federal employment for former members of the commissioned officer corps of the Administration as a result of the authority granted under this section.
“(g) Sunset.—This section shall be repealed on the date that is 5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2026.”
Clerical Amendment.— The table of contents in section 1 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by inserting after the item relating to section 269B the following new item:
“Sec. 269C. Eligibility of former officers to compete for certain positions.”.
SEC. 8405. Alignment of Physical Disqualification Standard for Obligated Service Agreements with Standard for Veterans’ Benefits.
Section 216(c)(2)(B) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3006(c)(2)(B)) is amended by striking “ misconduct or grossly negligent conduct” and inserting “ willful misconduct”.
SEC. 8406. Streamlining Separation and Retirement Process.
Section 241(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(c)) is amended to read as follows:
“(c) Effective Date of Retirements and Separations.—
“(1) In general.—Subject to paragraph (2), a retirement or separation under subsection (a) shall take effect on such date as is determined by the Secretary.
“(2) Determination of date.—The effective date determined under paragraph (1) for a retirement or separation under subsection (a) shall be—
“(A) except as provided by subparagraph (B), not earlier than 60 days after the date on which the Secretary approves the retirement or separation; or
“(B) if the officer concerned requests an earlier effective date, such earlier date as is determined by the Secretary.”
SEC. 8407. Separation of Ensigns Found Not Fully Qualified.
Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023) is amended—
by striking “ permanent”; and
by striking “ the officer’s commission shall be revoked and”.
SEC. 8408. Repeal of Limitation on Educational Assistance.
In General.— Section 204 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (33 U.S.C. 3079–1) is repealed.
Clerical Amendment.— The table of contents in section 1(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Amendments Act of 2020 (Public Law 116–259; 134 Stat. 1153) is amended by striking the item relating to section 204.
SEC. 8409. Disposal of Survey and Research Vessels and Equipment of the National Oceanic and Atmospheric Administration.
Section 548 of title 40, United States Code, is amended—
by striking “ The Maritime” and inserting “ (a) In General.—Except as provided in subsection (b), the Maritime”; and
by adding at the end the following:
“(b) National Oceanic and Atmospheric Administration Vessels and Equipment.—
“(1) Authority.—The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title.
“(2) Use of proceeds.—During the 2-year period beginning of the date of enactment of the National Defense Authorization Act for Fiscal Year 2026, notwithstanding section 571 of this title or section 3302 of title 31, the Administrator of the National Oceanic and Atmospheric Administration may—
“(A) retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and
“(B) use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment.
“(3) Covered vessels and equipment defined.—In this subsection, the term ‘covered vessels and equipment’ means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.”
Subtitle B South Pacific Tuna Treaty Matters
SEC. 8411. References to South Pacific Tuna Act of 1988.
Except as otherwise expressly provided, wherever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.).
SEC. 8412. Definitions.
Applicable National Law.— Section 2(4) (16 U.S.C. 973(4)) is amended by striking “ described in paragraph 1(a) of Annex I of” and inserting “ noticed and in effect in accordance with”.
Closed Area.— Section 2(5) (16 U.S.C. 973(5)) is amended by striking “ of the closed areas identified in Schedule 2 of Annex I of” and inserting “ area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to a national law of that Pacific Island Party and is noticed and in effect in accordance with”.
in subparagraph (C), by inserting “ for any purpose” after “ harvesting of fish”; and
by amending subparagraph (F) to read as follows:
“(F) use of any other vessel, vehicle, aircraft, or hovercraft for any activity described in this paragraph except for emergencies involving the health or safety of the crew or the safety of a vessel.”
Fishing Vessel; Vessel.— Section 2(7) (16 U.S.C. 973(7)) is amended by striking “ commercial fishing” and inserting “ commercial purse seine fishing for tuna”.
Licensing Area.— Section 2(8) (16 U.S.C. 973(8)) is amended by striking “ in the Treaty Area” and all that follows and inserting “ under the jurisdiction of a Pacific Island Party, except for internal waters, territorial seas, archipelagic waters, and any Closed Area.”.
by striking paragraphs (10), (13), and (18);
by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively;
by redesignating paragraph (14) as paragraph (12); and
by redesignating paragraphs (15) through (17) as paragraphs (14) through (16), respectively.
Regional Terms and Conditions.— Section 2 (16 U.S.C. 973) is amended by inserting after paragraph (12), as redesignated by subsection (f)(3), the following:
“(13) The term ‘regional terms and conditions’ means any of the terms or conditions attached by the Administrator to a license issued by the Administrator, as notified by the Secretary.”
SEC. 8413. Prohibited Acts.
in the matter preceding paragraph (1), by striking “ Except as provided in section 6 of this Act, it” and inserting “ It”;
by striking paragraphs (3) and (4);
by redesignating paragraphs (5) through (13) as paragraphs (3) through (11), respectively;
in paragraph (3), as so redesignated, by inserting “ , except in accordance with an agreement pursuant to the Treaty” after “ Closed Area”;
in paragraph (10), as so redesignated, by striking “ or” at the end;
in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(12) to violate any of the regional terms and conditions; or
“(13) to violate any limit on an authorized fishing effort or catch.”
in the matter preceding paragraph (1), by striking “ Except as provided in section 6 of this Act, it” and inserting “ It”;
by striking paragraph (5); and
by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively.
SEC. 8414. Exceptions.
Section 6 (16 U.S.C. 973d) is repealed.
SEC. 8415. Criminal Offenses.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking “ section 5(a) (8), (10), (11), or (12)” and inserting “ paragraph (6), (8), (9), or (10) of section 5(a)”.
SEC. 8416. Civil Penalties.
in the first sentence, by striking “ Code” after “ liable to the United States”; and
in the fourth sentence, by striking “ Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and (7) of this Act, the” and inserting “ The”.
in the matter preceding paragraph (1), by striking “ section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (13)” and inserting “ paragraph (1), (2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)”; and
in paragraph (2), by striking “ , all Limited Areas closed to fishing,” after “ outside of the Licensing Area”.
SEC. 8417. Licenses.
Forwarding of Vessel License Application.— Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
“(b) In accordance with subsection (e), and except as provided in subsection (f), the Secretary shall forward a vessel license application to the Administrator whenever such application is in accordance with application procedures established by the Secretary.”
Fees and Schedules.— Section 9(c) (16 U.S.C. 973g(c)) is amended to read as follows:
“(c) Fees required under the Treaty shall be paid in accordance with the Treaty and any procedures established by the Secretary.”
Minimum Fees Required to Be Received in Initial Year; Grounds for Denial of Forwarding of License Application; Grandfathering of Certain Vessels.— Section 9 (16 U.S.C. 973g) is amended—
by striking subsection (f);
by redesignating subsections (g) and (h) as subsections (f) and (g), respectively;
by amending subsection (f), as so redesignated, to read as follows:
“(f) The Secretary, in consultation with the Secretary of State, may determine that a license application should not be forwarded to the Administrator if—
“(1) the application is not in accordance with the Treaty or the procedures established by the Secretary; or
“(2) the owner or charterer—
“(A) is the subject of proceedings under the bankruptcy laws of the United States, unless reasonable financial assurances have been provided to the Secretary;
“(B) has not established to the satisfaction of the Secretary that the fishing vessel is fully insured against all risks and liabilities normally provided in maritime liability insurance; or
“(C) has not paid any penalty which has become final, assessed by the Secretary in accordance with this Act.”
; and
in subsection (g), as redesignated by paragraph (2)—
by amending paragraph (1) to read as follows:
in paragraph (2), by inserting “ of 1972” after “ Marine Mammal Protection Act”;
in paragraph (3), by inserting “ of 1972” after “ Marine Mammal Protection Act”; and
in the matter following paragraph (3), by striking “ any vessel documented” and all that follows and inserting the following: “any vessel documented under the laws of the United States as of the date of enactment of the Fisheries Act of 1995 (Public Law 104–43) for which a license has been issued under subsection (a) may fish for tuna in the Licensing Area, and on the high seas and in waters subject to the jurisdiction of the United States west of 146 west longitude and east of 129.5 east longitude in accordance with international law, subject to the provisions of the Treaty, this Act, and other applicable law, provided that no such vessel intentionally deploys a purse seine net to encircle any dolphin or other marine mammal in the course of fishing.”.
SEC. 8418. Enforcement.
Notice Requirements to Pacific Island Party Concerning Institution of Legal Proceedings.— Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is amended—
in the first sentence, by striking “ paragraph 8 of Article 4 of”; and
in the third sentence, by striking “ Article 10 of”.
Searches and Seizures by Authorized Officers.— Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended—
in clause (ii), by striking “ or” at the end; and
in clause (iii), by adding “ or” at the end.
SEC. 8419. Findings by Secretary of Commerce.
Order of Vessel To Leave Waters Upon Failure To Submit to Jurisdiction of Pacific Island Party; Procedure Applicable.— Section 11(a) (16 U.S.C. 973i(a)) is amended—
in the matter preceding paragraph (1), by striking “ , all Limited Areas,”;
in paragraph (1)—
in subparagraph (A), by striking “ paragraph 2 of Article 3 of”; and
in subparagraph (C), by striking “ within the Treaty Area” and inserting “ under the jurisdiction”; and
in paragraph (2)—
in subparagraph (A), by striking “ section 5 (a)(4), (a)(5), (b)(2), or (b)(3)” and inserting “ paragraph (3) of section 5(a) or paragraph (2) or (3) of section 5(b)”;
in subparagraph (B), by striking “ section 5(b)(7)” and inserting “ section 5(b)(6)”; and
in subparagraph (C), by striking “ section 5(a)(7)” and inserting “ section 5(a)(5)”.
Order of Vessel To Leave Waters Where Pacific Island Party Investigating Alleged Treaty Infringement.— Section 11(b) (16 U.S.C. 973i(b)) is amended by striking “ paragraph 7 of Article 5 of”.
SEC. 8420. Disclosure of Information.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
“SEC. 12. DISCLOSURE OF INFORMATION.
“(a) Prohibited Disclosure of Certain Information.—Pursuant to section 552(b)(3) of title 5, United States Code, except as provided in subsection (b), the Secretary shall keep confidential and may not disclose the following information:
“(1) Information provided to the Secretary by the Administrator that the Administrator has designated confidential.
“(2) Information collected by observers.
“(3) Information submitted to the Secretary by any person in compliance with the requirements of this Act.
“(b) Authorized Disclosure of Certain Information.—The Secretary may disclose information described in subsection (a)—
“(1) if disclosure is ordered by a court;
“(2) if the information is used by a Federal employee—
“(A) for enforcement; or
“(B) in support of the homeland security missions and non-homeland security missions of the Coast Guard as defined in section 888 of the Homeland Security Act of 2002 (6 U.S.C. 468);
“(3) if the information is used by a Federal employee or an employee of a Fishery Management Council for the administration of the Treaty or fishery management and monitoring;
“(4) to the Administrator, in accordance with the requirements of the Treaty and this Act;
“(5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with the requirements or decisions of such organization, and insofar as possible, in accordance with an agreement that prevents public disclosure of the identity of any person that submits such information;
“(6) if the Secretary has obtained written authorization from the person providing such information, and disclosure does not violate other requirements of this Act; or
“(7) in an aggregate or summary form that does not directly or indirectly disclose the identity of any person that submits such information.
“(c) Savings Clause.—
“(1) Nothing in this section shall be construed to adversely affect the authority of Congress, including a Committee or Member thereof, to obtain any record or information.
“(2) The absence of a provision similar to paragraph (1) in any other provision of law shall not be construed to limit the ability of the Senate or the House of Representatives, including a Committee or Member thereof, to obtain any record or information.”
SEC. 8421. Closed Area Stowage Requirements.
Section 13 (16 U.S.C. 973k) is amended by striking “ . In particular, the boom shall be lowered” and all that follows and inserting “ and in accordance with any requirements established by the Secretary.”.
SEC. 8422. Observers.
Section 14 (16 U.S.C. 973l) is repealed.
SEC. 8423. Fisheries-Related Assistance.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
“SEC. 15. FISHERIES-RELATED ASSISTANCE.
“The Secretary and the Secretary of State may provide assistance to a Pacific Island Party to benefit such Pacific Island Party from the development of fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty, including—
“(1) technical assistance;
“(2) training and capacity building opportunities;
“(3) facilitation of the implementation of private sector activities or partnerships; and
“(4) other activities as determined appropriate by the Secretary and the Secretary of State.”
SEC. 8424. Arbitration.
Section 16 (16 U.S.C. 973n) is amended—
by striking “ Article 6 of” after “ arbitral tribunal under”; and
by striking “ paragraph 3 of that Article” and all that follows through “ under such paragraph” and inserting “ the Treaty, shall determine the location of the arbitration, and shall represent the United States in reaching agreement under the Treaty”.
SEC. 8425. Disposition of Fees, Penalties, Forfeitures, and Other Moneys.
Section 17 (16 U.S.C. 973o) is amended by striking “ Article 4 of”.
SEC. 8426. Additional Agreements.
Section 18 (16 U.S.C. 973p) is amended by striking “ Within 30 days after” and all that follows and inserting “ The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty.”.
Subtitle C Other Matters
SEC. 8431. North Pacific Research Board Enhancement.
Short Title.— This section may be cited as the “North Pacific Research Board Enhancement Act”.
Amendments.— Section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)) is amended—
in paragraph (3)—
in subparagraph (L), by striking “ and” after the semicolon;
in subparagraph (M), by striking the period at the end and inserting a semicolon;
in subparagraph (N), by striking the period at the end and inserting “ ; and”;
by inserting after subparagraph (N) the following:
“(O) one member who shall represent Alaska Natives and possesses personal knowledge of, and direct experience with, subsistence uses and shall be nominated by the Board and appointed by the Secretary.”
; and
by adding at the end the following: “ Board members appointed under subparagraphs (N) and (O) shall serve for 3-year terms, and may be reappointed once.”;
by redesignating paragraph (5) as paragraph (6); and
by inserting after paragraph (4) the following:
“(5) If the amount made available for a fiscal year under subsection (c)(2) is less than the amount made available in the previous fiscal year, the Administrator of the National Oceanic and Atmospheric Administration may increase the 15 percent cap on administrative expenses provided under paragraph (4)(B) for that fiscal year to prioritize—
“(A) continuing operation of the Board;
“(B) maximizing the percentage of funds directed to research; and
“(C) maintaining the highest quality standards in administering grants under this subsection.”
Waiver.— Beginning on the date of enactment of this Act and ending on the date that is 5 years after such date of enactment, the 15 percent cap on funds to provide support for the North Pacific Research Board and administer grants under section 401(e)(4)(B) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d(e)(4)(B)) shall be waived.
TITLE LXXXV Comprehensive Outbound Investment National Security Act of 2025
Subtitle A General Matters
SEC. 8501. Secretary Defined.
Except as otherwise provided, in this title, the term “Secretary” means the Secretary of the Treasury.
SEC. 8502. Severability.
If any provision of this title or any amendment made by this title, or the application thereof, is held invalid, the validity of the remainder of this title or any amendment made by this title and the application of such provision to other persons and circumstances shall not be affected thereby.
SEC. 8503. Authorization of Appropriations.
In General.— There is authorized to be appropriated $150,000,000 to the Department of the Treasury, out of which amounts may be transferred to the Department of Commerce to jointly conduct outreach to industry and persons affected by this title or any amendment made by this title, and to administer the provisions of this title or any amendment made by this title, for each of the first two fiscal years beginning on or after the date of the enactment of this title, to carry out this title or any amendment made by this title.
Hiring Authority.—
By the president.— The President may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 15 individuals directly to positions in the competitive service (as defined in section 2102 of that title) to carry out this title or any amendment made by this title.
By agencies.— The Secretary and the Secretary of Commerce may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals directly to positions in the competitive service (as defined in section 2102 of that title) of the Department of the Treasury and the Department of Commerce, respectively, to carry out this title or any amendment made by this title.
SEC. 8504. Sense of Congress.
It is the sense of Congress that—
due to the fact that there are countless known and unknown entities in countries of concern, to include the People’s Republic of China (PRC), developing dual-use strategic technologies that benefit a foreign adversary’s military modernization efforts, surveillance states, and human rights abuses, restricting certain United States outbound investments into these technologies in countries of concern is necessary to prevent harm to United States national security and foreign policy interests; and
the President should therefore exercise the authorities granted in this title or any amendment made by this title to prevent countries of concern from exploiting United States capital to undermine United States national security and foreign policy interests.
SEC. 8505. Termination.
This title and any amendment made by this title shall cease to have any force or effect on the date that is seven years after the date of the enactment of this Act.
Subtitle B Imposition of Sanctions
SEC. 8511. Imposition of Sanctions.
In General.— The President may impose the sanctions described in subsection (b) with respect to any foreign person determined to be a covered foreign person.
Sanctions Described.— The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a foreign person that is determined to be a covered foreign person pursuant to subsection (a).
Penalties.— The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to any person who violates, attempts to violate, conspires to violate, or causes a violation of any prohibition of this section, or an order or regulation prescribed under this section, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of such Act (50 U.S.C. 1705(a)).
Exception for Intelligence and Law Enforcement Activities.— Sanctions under this section shall not apply with respect to—
any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.); or
any authorized intelligence activities of the United States.
Exception for United States Government Activities.— Nothing in this section shall prohibit transactions for the conduct of the official business of the Federal Government by employees, grantees, or contractors thereof.
Report to Congress.—
In general.— Not later than one year after the date of the enactment of this Act, and annually thereafter for seven years, the President shall submit to the appropriate congressional committees a report that states whether any foreign person on the Non-SDN Chinese Military-Industrial Complex Companies List is a covered foreign person.
Form.— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
Administrative Provisions.— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
Rule of Construction.— Nothing in this section may be construed to limit the authority of the President to designate foreign persons for the imposition of sanctions pursuant to any other provision of Federal law, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 8512. Definitions.
In this subtitle:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate.
Country of concern.— The term “country of concern” means the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions.
Covered foreign person.— The term “covered foreign person” means a foreign person—
that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
that is a member of the Central Committee of the Chinese Communist Party or member of the political leadership of a country of concern;
that is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof;
that is subject to the direction or control of any entity described in subparagraphs (A) through (C); or
that is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraphs (A) through (C); and
that knowingly engaged in significant operations in the defense and related materiel sector or the surveillance technology sector of the economy of a country of concern.
Foreign person.— The term “foreign person” means a person that is not a United States person.
Knowingly.— The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.
Non-SDN chinese military-industrial complex companies list.— The term “Non-SDN Chinese Military-Industrial Complex Companies List” means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), or any successor order.
Person.— The term “person” means an individual or entity.
United states person.— The term “United States person” means—
any United States citizen or an alien lawfully admitted for permanent residence to the United States;
an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
any person in the United States.
SEC. 8513. Exception Relating to Importation of Goods.
In General.— The authorities and requirements to impose sanctions authorized under this title shall not include the authority or requirement to impose sanctions on the importation of goods.
Good Defined.— In this section, the term “good” means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
Subtitle C Prohibition and Notification on Investments Relating to Covered National Security Transactions
SEC. 8521. Prohibition and Notification on Investments Relating to Covered National Security Transactions.
The Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) is amended by adding at the end the following:
“TITLE VIII— PROHIBITION AND NOTIFICATION ON INVESTMENTS RELATING TO COVERED NATIONAL SECURITY TRANSACTIONS
“SEC. 801. PROHIBITION ON INVESTMENTS.
“(a) In General.—The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
“(b) Evasion.—Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
“(c) Exemptions.—
“(1) National interest exemption.—Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
“(2) Intelligence exemption.—Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
“(d) Congressional Notification.—The Secretary shall—
“(1) notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
“(2) include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
“(e) Regulations.—
“(1) In general.—The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code, and not subject to the requirements of section 709. The regulations issued pursuant to this paragraph shall, as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
“(2) Non-binding feedback.—
“(A) In general.—The regulations issued under paragraph (1) shall include a process under which a person can request to receive non-binding feedback on a confidential basis, or as anonymized guidance to the public, as to whether a transaction would constitute a covered national security transaction in a prohibited technology.
“(B) Authority to limit frivolous feedback requests.—In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection.
“(3) Notice; opportunity to cure.—
“(A) In general.—The regulations issued under paragraph (1) shall account for whether a United States person has self-identified and self-disclosed a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation.
“(B) Self-disclosure letters.—The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action.
“(4) Low-burden regulations.—In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
“(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations;
“(B) adopting the least burdensome alternative that achieves regulatory objectives; and
“(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
“(5) Burden of proof.—In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
“SEC. 802. NOTIFICATION ON INVESTMENTS.
“(a) Mandatory Notification.—Not later than 450 days after the date of the enactment of this title, the Secretary shall issue regulations prescribed in accordance with subsection (b), to require a United States person that itself or whose controlled foreign entity knowingly engages in a covered national security transaction in a prohibited technology (unless the Secretary has exercised the authority provided by section 801(a) to prohibit knowingly engaging in such covered national security transaction) or a notifiable technology to submit to the Secretary a written notification of the transaction not later than 30 days after the completion date of the transaction.
“(b) Regulations.—
“(1) In general.—Not later than 450 days after the date of the enactment of this title, the Secretary, in consultation with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, shall issue regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code, and not subject to the requirements of section 709. The regulations issued pursuant to this paragraph shall as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
“(2) Low-burden regulations.—In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
“(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulation;
“(B) adopting the least burdensome alternative that achieves regulatory objectives; and
“(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
“(3) Burden of proof.—In accordance with section 556(d) of title 5, United States Code, in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
“(4) Completeness of notification.—
“(A) In general.—The Secretary shall, upon receipt of a notification under subsection (a), promptly inspect the notification for completeness.
“(B) Incomplete notifications.—If a notification submitted under subsection (a) 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.
“(5) Identification of non-notified activity.—The Secretary shall establish a process to identify covered national security transactions in a prohibited technology or a notifiable technology for which—
“(A) a notification is not submitted to the Secretary under subsection (a); and
“(B) information is reasonably available.
“(c) Inapplicability.—If the Secretary prohibits a covered national security transaction in a prohibited technology under section 801, the requirements of this section shall not apply with respect to the covered national security transaction.
“SEC. 803. REPORT.
“(a) In General.—Not later than 18 months after the date of enactment of this title, and not less frequently than annually thereafter, the Secretary, in consultation with the Secretary of Commerce and, as appropriate, the heads of other relevant Federal departments and agencies, shall submit to the appropriate congressional committees a report, subject to appropriate confidentiality and classification requirements, that—
“(1) lists all enforcement actions taken subject to the existing regulations and regulations issued under section 801(e) and 802(b) during the year preceding submission of the report, which includes, with respect to each such action, a description of—
“(A) the prohibited technology or notifiable technology;
“(B) the covered national security transaction;
“(C) the covered foreign person; and
“(D) the relevant United States person;
“(2) provides an assessment of the definition of the term ‘prohibited technology’ under existing regulations or regulations issued under section 801(e) or 802(b) by—
“(A) identifying additional technologies that the Secretary, in consultation with the Secretary of Commerce and, as applicable, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of any other relevant Federal agencies, determined under existing regulations or regulations issued pursuant to 801(e) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
“(B) explaining why each technology identified in subparagraph (A) may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
“(C) describing any removal of technologies from the category of prohibited technology under existing regulations or regulations issued under section 801(e) during the reporting period to the extent that the technologies no longer pose an acute threat to the national security of the United States if developed or acquired by a country of concern;
“(3) lists all notifications submitted under existing regulations or regulations issued section 802 during the year preceding submission of the report and includes, with respect to each such notification—
“(A) basic information on each party to the covered national security transaction with respect to which the notification was submitted; and
“(B) the nature of the covered national security transaction that was the subject of the notification, including the elements of the covered national security transaction that necessitated a notification;
“(4) includes a summary of those notifications, disaggregated by prohibited technology, by notifiable technology, by covered national security transaction, and by country of concern;
“(5) provides additional context and information regarding trends in the prohibited technology, notifiable technology, the types of covered national security transaction, and the countries involved in those notifications; and
“(6) assesses the overall impact of those notifications, including recommendations for—
“(A) expanding existing Federal programs to support the production or supply of prohibited technologies or notifiable technologies in the United States, including the potential of existing authorities to address any related national security concerns;
“(B) investments needed to enhance prohibited technologies or notifiable technologies and reduce United States dependence on countries of concern regarding those technologies; and
“(C) the continuation, expansion, or modification of the implementation and administration of this title.
“(b) Consideration of Certain Information.—In preparing the report pursuant to subsection (a), the Secretary—
“(1) shall consider information provided jointly by the chairperson and ranking member of any of the appropriate congressional committees;
“(2) may consider credible information obtained by other countries and nongovernmental organizations that monitor the military, surveillance, intelligence, or technology capabilities of a country of concern; and
“(3) may consider any other information that the Secretary deems relevant.
“(c) Form of Report.—Each report required by this section shall be submitted in unclassified form, but may include a classified annex.
“(d) Testimony Required.—Not later than one year after the date of the enactment of this title, and annually thereafter for five years, the Secretary and the Secretary of Commerce, or their designee, shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committees on Foreign Affairs and Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by United States persons in countries of concern and broader international capital flows.
“(e) Requests by Appropriate Congressional Committees.—
“(1) In general.—After receiving a request that meets the requirements of paragraph (2) with respect to whether a technology should be included in the amendments as described in subsection (a)(2), the Secretary shall, in preparing the report pursuant to subsection (a)—
“(A) determine if that technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
“(B) include in the report pursuant to subsection (a) an explanation with respect to that determination that includes—
“(i) a statement of whether or not the technology, as determined by the Secretary, may pose an acute threat to the national security of the United States if developed or acquired by a country of concern; and
“(ii) if the Secretary determines that—
“(I) the technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination and a recommendation whether that technology should be named a prohibited technology or a notifiable technology; and
“(II) the technology would not pose an acute threat to the national security of the United States if developed or acquired by a country of concern, an explanation for such determination.
“(2) Requirements.—A request under paragraph (1) with respect to whether a technology may pose an acute threat to the national security of the United States if developed or acquired by a country of concern shall be submitted to the Secretary in writing jointly by the chairperson and ranking member of 1 or more of the appropriate congressional committees.
“SEC. 804. MULTILATERAL ENGAGEMENT AND COORDINATION.
“(a) Authorities.—The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
“(1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to promote and increase coordination of protocols and procedures to facilitate the effective implementation of and appropriate compliance with the prohibitions and notification requirement pursuant to this title;
“(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; and
“(3) work with and encourage the governments of countries that are allies and partners of the United States to develop similar mechanisms of their own, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern.
“(b) Strategy for Multilateral Engagement and Coordination.—Not later than 180 days after the date of the regulations implementing enactment of this title, the Secretary, in coordination with the Secretary of State, the Secretary of Commerce, and the heads of other relevant Federal agencies, should—
“(1) develop a strategy to work with the governments of countries that are allies and partners of the United States to develop mechanisms that are comparable to the prohibitions and notification requirements pursuant to this title, for the exclusive purpose of preventing the development of prohibited technologies by a country of concern; and
“(2) assess opportunities to provide technical assistance to those countries with respect to the development of those mechanisms.
“(c) Report.—Not later than one year after the date of the regulations implementing enactment of this title, and annually thereafter for four years, the Secretary shall submit to the appropriate congressional committees a report, subject to the appropriate confidentiality and classification requirements, that includes—
“(1) a discussion of any strategy developed pursuant to subsection (b)(1), including key tools and objectives for the development of comparable mechanisms by the governments of allies and partners of the United States;
“(2) a list of partner and allied countries to target for cooperation in developing their own prohibitions;
“(3) the status of the strategy’s implementation and outcomes; and
“(4) a description of impediments to the establishment of comparable mechanisms by governments of allies and partners of the United States.
“(d) Appropriate Congressional Committees Defined.—In this section, the term ‘appropriate congressional committees’ means—
“(1) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and
“(2) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
“SEC. 805. PUBLIC DATABASE OF COVERED FOREIGN PERSONS.
“(a) In General.—The Secretary, in consultation with the Secretary of Commerce, may establish a publicly accessible, non-exhaustive database that identifies covered foreign persons that are either engaged in a prohibited technology or a notifiable technology pursuant to this title.
“(b) Modification Process.—The Secretary, in consultation with the Secretary of Commerce, is authorized to establish a mechanism for a covered foreign person to petition for their removal from or inclusion in the publicly accessible, non-exhaustive database described in (a).
“(c) Confidentiality of Evidence.—The Secretary shall establish a mechanism for the public, including Congress, stakeholders, investors, and nongovernmental organizations, to submit evidence on a confidential basis regarding whether a foreign person is a covered foreign person in a prohibited technology or notifiable technology and should be included in the database described in subsection (a), if any.
“(d) Rule of Construction.—The database described in subsection (a), if any, shall not be considered to be an exhaustive or comprehensive list of covered foreign persons for the purposes of this title.
“SEC. 806. RULE OF CONSTRUCTION.
“Nothing in this title may be construed to negate the authority of the President under any authority, process, regulation, investigation, enforcement measure, or review provided by or established under any other provision of Federal law, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), or any other authority of the President or the Congress under the Constitution of the United States.
“SEC. 807. PENALTIES.
“(a) In General.—The regulations issued under section 801 or 802 shall provide for the imposition of civil penalties described in subsection (b).
“(b) Penalties Described.—
“(1) Unlawful acts.—It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any order, regulation, notification requirement, or prohibition issued under this title.
“(2) Civil penalty.—The Secretary may impose civil penalties on any person who commits an unlawful act described in paragraph (1) in amounts equivalent to amounts provided for under section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) for violations under that Act.
“(3) Divestment.—The Secretary may compel the divestment of a covered national security transaction in a prohibited technology determined to be in violation of section 801(a) or regulations issued thereunder.
“(4) Relief.—The President may direct the Attorney General of the United States to seek appropriate relief, including divestment relief for violations of the prohibition set forth in subsection 801(a), in the district courts of the United States, in order to implement and enforce this title.
“SEC. 808. EXEMPTION FROM DISCLOSURE.
“(a) In General.—Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this title shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code, and no such information or documentary material may be made public.
“(b) Exceptions.—Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
“(1) Information relevant to any administrative or judicial action or proceeding.
“(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
“(3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
“(4) Identity of a covered foreign person in the public database described in section 805.
“(5) Information that the parties have consented to be disclosed to third parties.
“(6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
“SEC. 809. DEFINITIONS.
“In this title:
“(1) Appropriate congressional committees.—Except as provided in section 804(d), the term ‘appropriate congressional committees’ means—
“(A) the Committee on Financial Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives; and
“(B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate.
“(2) Country of concern.—The term ‘country of concern’ means—
“(A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions;
“(B) the Republic of Cuba;
“(C) the Islamic Republic of Iran;
“(D) the Democratic People’s Republic of Korea;
“(E) the Russian Federation; and
“(F) the Bolivarian Republic of Venezuela under the regime of Nicolas Maduro Moros.
“(3) Covered foreign person.—Subject to regulations prescribed in accordance with this title, the term ‘covered foreign person’ means a foreign person that—
“(A) is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern;
“(B) is a member of the Central Committee of the Chinese Communist Party or is a member of the political leadership of a country of concern;
“(C) is subject to the direction or control of a country of concern, as defined by regulation, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof); or
“(D) is owned in the aggregate, directly or indirectly, 50 percent or more by a country of concern, an entity described in subparagraph (A) or (B), or the state or the government of a country of concern (including any political subdivision, agency, or instrumentality thereof).
“(4) Covered national security transaction.—
“(A) In general.—Subject to such regulations as may be issued in accordance with this title, the term ‘covered national security transaction’ means a United States person’s direct or indirect—
“(i) acquisition of an equity interest or contingent equity interest in a covered foreign person that the United States person knows at the time of the acquisition is a covered foreign person;
“(ii) provision of a loan or similar debt financing arrangement to a covered foreign person that the United States person knows at the time of the provision is a covered foreign person, where such debt financing affords or will afford the United States person an interest in profits of the covered foreign person, the right to appoint members of the board of directors (or equivalent) of the covered foreign person, or other comparable financial or governance rights characteristic of an equity investment but not typical of a loan;
“(iii) entrance by such United States person into a joint venture, wherever located, that is formed with a person of a country of concern, and that the subject United States person knows at the time of entrance into the joint venture that the joint venture will engage, or plans to engage, in a prohibited technology or notifiable technology;
“(iv) conversion of a contingent equity interest (or interest equivalent to a contingent equity interest) or conversion of debt to an equity interest in a covered foreign person;
“(v) acquisition, leasing, or other development of operations, land, property, or other assets in a country of concern that the United States person knows at the time of such acquisition, leasing, or other development will result in, or that the United States person plans to result in—
“(I) the establishment of a covered foreign person; or
“(II) the engagement of a person of a country of concern in a prohibited technology or notifiable technology;
“(vi) knowingly directing prohibited transactions or notifiable transactions by foreign persons that the United States person has knowledge at the time of the transaction would constitute an activity described in clause (i), (ii), (iii), (iv), or (v), if engaged in by a United States person;
“(vii) acquisition of a limited partner or equivalent interest in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (in each case where the fund is not a United States person) that the United States person has knowledge at the time of the acquisition likely will invest in a person of a country of concern that is in one of the notifiable technology or prohibited technology sectors, and such fund undertakes a transaction that would be a covered national security transaction if undertaken by a United States person; or
“(viii) any other transaction identified by the Secretary, in consultation with the appropriate congressional committees and subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code, and not subject to the requirements of section 709, that is contributing to the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
“(B) Exceptions and clarifications.—Subject to regulations prescribed in accordance with this title, the term ‘covered national security transaction’ does not include—
“(i) any transaction the value of which the Secretary determines is de minimis;
“(ii) any category of transactions that the Secretary determines is in the national interest of the United States;
“(iii) an investment—
“(I) in a security (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) that is traded on an exchange or the over-the-counter market in any jurisdiction;
“(II) in a security issued by an investment company (as defined in section 3 of the Investment Company Act of 1940 (15 U.S.C. 80a–3)) that is registered with the Securities and Exchange Commission, or, if the Secretary chooses to include it as an exception from a covered national security transaction, in a security issued by a non-United States investment company that is registered with a foreign regulator with comparable oversight standards and regulatory jurisdiction to the Securities and Exchange Commission as determined by the Secretary of Treasury;
“(III) made as a limited partner or equivalent in a venture capital fund, private equity fund, fund of funds, or other pooled investment fund (other than as described in subclause (II)) where—
“(aa) the limited partner or equivalent’s committed capital is not more than a de minimis amount, as determined by the Secretary, aggregated across any investment and co-investment vehicles of the fund; or
“(bb) the limited partner or equivalent has secured a binding contractual assurance that its capital in the fund will not be used to engage in a transaction that would be a covered national security transaction if engaged in by a United States person; or
“(IV) in a derivative of a security described under subclause (I), (II), or (III);
“(iv) any ancillary transaction undertaken by a financial institution (as defined in section 5312 of title 31, United States Code);
“(v) the acquisition by a United States person of the equity or other interest owned or held by a covered foreign person in an entity or assets located outside of a country of concern in which the United States person is acquiring the totality of the interest in the entity held by the covered foreign person;
“(vi) an intracompany transfer of funds, as defined in regulations prescribed in accordance with this title, from a United States parent company to a subsidiary located in a country of concern or a transaction that, but for this clause, would be a covered national security transaction between a United States person and its controlled foreign person that supports operations that are not covered national security transactions or that maintains covered national security transactions that the controlled foreign person was engaged in prior to the effective date of the regulations implementing this title;
“(vii) a transaction secondary to a covered national security transaction, including—
“(I) contractual arrangements (not including contractual arrangements for technology transfer or technical knowledge transfer) or the procurement of material inputs for any covered national security transaction (such as raw materials);
“(II) bank lending;
“(III) the processing, clearing, or sending of payments by a bank;
“(IV) underwriting services including, but not limited to, the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
“(V) debt rating services;
“(VI) prime brokerage;
“(VII) global custody;
“(VIII) equity research or analysis; or
“(IX) other similar services;
“(viii) any ordinary or administrative business transaction as may be defined in such regulations; or
“(ix) any transaction completed before the date of the enactment of this title.
“(C) Ancillary transaction defined.—In this paragraph, the term ‘ancillary transaction’ means, subject to regulations prescribed by the Secretary—
“(i) the processing, settling, clearing, or sending of payments and cash transactions;
“(ii) underwriting services, including the temporary acquisition of an equity interest for the sole purpose of facilitating underwriting services;
“(iii) credit rating services; and
“(iv) other services ordinarily incident to and part of the provision of financial services, such as opening deposit accounts, direct custody services, foreign exchange services, remittances services, and safe deposit services.
“(5) Foreign person.—The term ‘foreign person’ has the meaning given that term in regulations prescribed in accordance with this title.
“(6) Knowledge; know.—The terms ‘knowledge’ or ‘know’ mean—
“(A) actual knowledge that a fact or circumstance exists or is substantially certain to occur;
“(B) an awareness of a high probability of a fact or circumstance’s existence or future occurrence; or
“(C) reason to know of a fact or circumstance’s existence.
“(7) Notifiable technology.—
“(A) In general.—Subject to the regulations prescribed in accordance with this title, the term ‘notifiable technology’ means a technology within the following areas not already captured by the technical thresholds specified by any regulations issued in accordance with section 801:
“(i) Semiconductor technology and microelectronics.
“(ii) Artificial intelligence systems.
“(iii) Quantum information technologies.
“(iv) High-performance computing and supercomputing.
“(v) Hypersonic systems.
“(B) Updates.—The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code, and not subject to the requirements of section 709, may prescribe regulations in accordance with this title to—
“(i) define the technical parameters of technologies described in subparagraph (A),as reasonably needed for national security purposes; or
“(ii) to add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
“(8) Party.—The term ‘party’, with respect to a covered national security transaction, has the meaning given that term in regulations prescribed in accordance with this title.
“(9) Person.—The term ‘person’ includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative thereof, or any State or local government or agency thereof.
“(10) Prohibited technology.—
“(A) In general.—Subject to the regulations prescribed in accordance with this title, the term ‘prohibited technology’ means a technology within the following areas, as specified by the regulations:
“(i) Advanced semiconductor technology and microelectronics.
“(ii) Artificial intelligence systems.
“(iii) Quantum information technologies.
“(iv) High-performance computing and supercomputing.
“(v) Hypersonic systems.
“(B) Updates.—The Secretary, in consultation with the appropriate congressional committees and subject to notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, United States Code, and not subject to the requirements of section 709, may prescribe regulations in accordance with this title to—
“(i) define the technical parameters of technologies described in subparagraph (A), as reasonably needed for national security purposes; or
“(ii) to add and define categories to the list in subparagraph (A) that enable the military, intelligence, surveillance, or cyber-enabled capabilities of a country of concern.
“(11) Secretary.—Except as otherwise provided, the term ‘Secretary’ means the Secretary of the Treasury.
“(12) United states person.—The term ‘United States person’ means—
“(A) any United States citizen or an alien lawfully admitted for permanent residence to the United States;
“(B) an entity organized under the laws of the United States or of any jurisdiction within the United States (including any foreign branch of such an entity); or
“(C) any person in the United States.”
Subtitle D Securities and Related Matters
SEC. 8531. Requirements Relating to the Non-Sdn Chinese Military-Industrial Complex Companies List.
Report.—
In general.— Not later than two years after the date of the enactment of this Act, and biennially thereafter for six years, the President shall submit to the appropriate congressional committees a report that states whether any of the following foreign persons qualifies for inclusion on the Non-SDN Chinese Military-Industrial Complex Companies List:
Any PRC person listed on the Military End-User List (Supplement No. 7 to part 744 of the Export Administration Regulations).
Any PRC person listed pursuant to section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note).
Any PRC person listed on the Department of Commerce’s Entity List (Supplement No. 4 to part 744 of the Export Administration Regulations).
Any PRC person listed on the Federal Communications Commission’s Covered List pursuant to the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601).
Any PRC person listed on the Uyghur Forced Labor Prevention Act Entity List pursuant to the Uyghur Forced Labor Prevention Act (P.L. 117-78).
Process required.— To prepare the reports required by paragraph (1), the President shall establish a process under which the Federal agencies responsible for administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall share with each other all relevant information that led to the identification of the entities described in such lists.
Risk-based prioritization framework.— In making the initial determinations under paragraph (1), the Secretary may establish a risk-based prioritization framework factoring in prioritization of entity review submitted to the Secretary by the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1).
Annual reports to the appropriate congressional committees.— The report under paragraph (1) may summarize findings concerning entities previously reviewed pursuant to this section that do not necessitate additional review by the Secretary.
Matters to be included.— The Secretary shall include in the report required by paragraph (1) an overview of the criteria required for listing on the Non-SDN Chinese Military-Industrial Complex Companies List. The heads of the Federal agencies administering the lists described in subparagraphs (A), (B), and (C) of paragraph (1) shall provide to the Secretary for use in the report an overview of the criteria for entity identification or listing on each respective list.
Definitions.— In this section:
Appropriate congressional committees.— The term “appropriate congressional committees” means—
the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and
the Committee on Banking, Housing, and Urban Affairs of the Senate.
Country of concern.— The term “country of concern”—
means the People’s Republic of China; and
includes the Hong Kong Special Administrative Region and the Macau Special Administrative Region.
Non-SDN chinese military-industrial complex companies list.— The term “Non-SDN Chinese Military-Industrial Complex Companies List” means the list maintained by the Office of Foreign Assets Control of the Department of the Treasury under Executive Order 13959, as amended by Executive Order 14032 (50 U.S.C. 1701 note; relating to addressing the threat from securities investments that finance certain companies of the People’s Republic of China), and any successor order.
PRC person.— The term “PRC person” means a foreign person that—
is incorporated in a principal place of business in, or is organized under the laws of, a country of concern;
is a member of the Central Committee of the Chinese Communist Party;
is the state or the government of a country of concern, as well as any political subdivision, agency, or instrumentality thereof; or
is owned in the aggregate, directly or indirectly, 50 percent or more by an entity or a group of entities described in subparagraph (A), (B), or (C).
TITLE LXXXVI Securing the Airspace, Facilitating Emergency Response, and Safeguarding Key Infrastructure, Entertainment Venues, and Stadiums
SEC. 8601. Short Title.
This title may be cited as the “SAFER SKIES Act”.
SEC. 8602. Drone Countermeasures to Protect Public Safety and Critical Infrastructure.
Section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) is amended—
by striking subsection (a) and inserting the following:
“(a) Authorities.—
“(1) Authority of the department of homeland security and department of justice.—Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, the Secretary and the Attorney General may, for their respective Departments, take and may authorize personnel to take such actions as are described in subsection (b)(1) that are necessary to enforce the law, protect the public, or to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset.
“(2) Authority of state, local, tribal, and territorial law enforcement and correctional agencies.—Notwithstanding section 46502 of title 49, United States Code, or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, United States Code, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction, and after completing the training detailed in subsection (d)(2), any State, local, Tribal, or territorial law enforcement or correctional agency may, subject to subsection (d)(2), take, and authorize personnel with assigned duties that include the security or protection of people, facilities, or assets, to take such actions as are described in subsection (b)(1) that are necessary to mitigate a credible threat that an unmanned aircraft system or unmanned aircraft poses to the safety or security of people, facilities, and assets, a venue or set of venues used for large-scale public gatherings or events, critical infrastructure, or correctional facilities.”
in subsection (b)(1)(B), by striking “ and electromagnetic means” and inserting “ electromagnetic means, and through the use of remote identification broadcast or other means”; and
in subsection (c)—
by inserting “ pursuant to subsection (a)(1)” after “ Attorney General”;
by striking “ Any unmanned” and inserting the following:
“(1) Federal agencies.—Any unmanned”
; and
by adding at the end the following:
“(2) Other agencies.—Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by a State, local, Tribal, or territorial law enforcement or correctional agency pursuant to subsection (a)(2) is subject to forfeiture under the laws of the agency’s jurisdiction.”
in subsection (d)—
in paragraph (1), by striking “ or the Attorney General” and inserting “ , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency”;
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following:
“(2) State, local, tribal, and territorial law enforcement training and certification.—
“(A) Training and certification required.—
“(i) In general.—Only State, local, Tribal, or territorial law enforcement and correctional officers who have been trained and certified by the Attorney General, or the Attorney General’s designee, in coordination with the Secretary of Homeland Security through a national schoolhouse which will serve as the sole certifying authority for State, local, Tribal, territorial, and correctional officers in the use of the authority granted under subsection (a)(2), may exercise authorities in subsection (b)(1)(C), (D), and (F).
“(ii) Training and certification procedures.—The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Secretary of Transportation, shall, not later than 180 days after the date of enactment of the SAFER SKIES Act, develop training and certification procedures for the use of the authority described in subsection (a)(2) that State, local, Tribal, and territorial law enforcement and correctional officers shall be required to satisfy before taking any actions described in subsection (b)(1).
“(iii) Technologies.—Technologies used by State, local, Tribal, and territorial law enforcement or correctional agencies to take actions described in subsection (b)(1) shall be limited to systems or technologies that are included on a list of authorized technologies maintained jointly by the Department of Justice, the Department of Homeland Security, the Department of Defense, the Department of Transportation, the Federal Communications Commission, and the National Telecommunications and Information Administration.
“(B) Oversight.—The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, shall oversee compliance with the requirements set forth in subsection (e) with respect to the use of the authority granted under subsection (a)(2) by each State, local, Tribal, and territorial law enforcement agency that has been certified pursuant to the training and certification requirements described in subparagraph (A).
“(C) State, local, tribal, and territorial law enforcement and correctional agencies mitigation notification requirement.—
“(i) In general.—Any State, local, Tribal, or territorial law enforcement or correctional agency exercising authority under subsection (a)(2) shall, within 48 hours of taking any mitigation action described in subsection (b)(1), submit a notification to the Attorney General and the Secretary of Homeland Security containing—
“(I) the date, time, and geographic location of the mitigation action;
“(II) a brief description of the credible threat or safety concern necessitating such action;
“(III) the type of mitigation capability employed; and
“(IV) any known operational effects, including the seizure, disabling, or destruction of an unmanned aircraft system or unmanned aircraft.
“(ii) Report mechanism.—The Attorney General and the Secretary of Homeland Security shall establish a streamlined and secure submission mechanism to support the notification requirement under clause (i).
“(D) Reports.—Not later than 1 year after the date of enactment of the SAFER SKIES Act, and biannually thereafter, the Attorney General, in coordination with the Secretary of Homeland Security and the Secretary of Transportation, shall submit to the appropriate congressional committees an unclassified report with a classified annex on activities carried out by State, local, Tribal, and territorial law and correctional enforcement agencies exercising the authority granted under subsection (a)(2) and subject to the training and certification requirements described in subparagraph (A), including—
“(i) a description of the training and certification procedures developed and implemented pursuant to subparagraph (A)(ii);
“(ii) a list of State, local, Tribal, and territorial law enforcement and correctional agencies that applied for and were certified to exercise the authorities granted by subsection (a)(2);
“(iii) a list of currently authorized technologies pursuant to subparagraph (A)(iii);
“(iv) the frequency, location, and circumstances of State, local, Tribal, territorial, and correctional officers mitigation deployments and types of mitigation employed;
“(v) a list of any aviation security or safety incidents that occurred due to State, local, Tribal, territorial, and correctional officers deployment of counter-UAS technologies;
“(vi) recommendations for improving State, local, Tribal, and territorial law and correctional agencies counter-UAS training, oversight, compliance, and execution and the compliance audits required by section 8606(b)(2) of the SAFER SKIES Act; and
“(vii) a determination on if State, local, Tribal, and territorial law and correctional agencies are able to fully protect critical infrastructure from the drone threat and if not, recommendations on how to expand counter-UAS authorities to critical infrastructure owners.”
in subsection (e)—
in the matter preceding paragraph (1), by striking “ or the Attorney General” and inserting “ , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency”;
in paragraph (3)—
by striking “ or the Attorney General” and inserting “ , the Attorney General, or any State, local, Tribal, or territorial law enforcement or correctional agency”;
by inserting “ , State, local, Tribal, or territorial” after “ Federal”; and
by inserting “ (as applicable)” after “ law”;
in paragraph (4), in the matter preceding subparagraph (A), by striking “ or the Department of Justice” and inserting “ the Department of Justice, or the State, local, Tribal, or territorial law enforcement or correctional agency”; and
in paragraph (5)—
by striking “ tribal” and inserting “ Tribal”; and
by inserting “ other than those of an aeronautical communications system, as allowed for in section 2511(2)(g)(ii)(IV) of title 18, United States Code, or information readily available to the public” after “ which shall not include communications”;
in subsection (g)(3)(G)—
by inserting “ Tribal, territorial,” after “ State,”; and
by inserting “ , including those exercised under subsection (a)(2)” after “ authorities”;
by redesignating subsections (j), (k), and (l) as subsections (k), (l), and (m);
by striking subsection (i) and inserting the following:
“(i) Applicability of Other Laws to Activities Related to the Mitigation of Threats From Unmanned Aircraft Systems or Unmanned Aircraft.—Sections 32, 1030, and 1367 and chapters 119 and 206 of title 18, United States Code, and section 46502 of title 49, United States Code, may not be construed to apply to activities of the Coast Guard, whether under this section or any other provision of law, that—
“(1) are conducted outside the United States; and
“(2) are related to the mitigation of threats from unmanned aircraft systems or unmanned aircraft.
“(j) Terminations.—
“(1) Counter-UAS authority.—The authority to carry out this section with respect to a covered facility or asset, protecting the public, and enforcing the law shall terminate on September 30, 2031.
“(2) State, local, tribal, and territorial law enforcement and correctional agencies.—Authority of State, local, tribal, and territorial law enforcement and correctional agencies under subsection (a)(2) shall terminate on December 31, 2031.”
in subsection (l), as so redesignated—
in paragraph (3)(C) by inserting “ a Federal law enforcement, correctional, and homeland security agency mission necessary to enforce the law, protect the public or to” after “ directly relates to”;
by striking paragraph (6) and inserting the following:
“(6)
(A) For purposes of subsection (a)(1), the term ‘personnel’ means officers, employees, contractors, detailed personnel, and deputized personnel who perform Federal law enforcement, correctional, homeland or national security duties.
“(B) For purposes of subsection (a)(2), the term ‘personnel’ means officers and employees of State, local, Tribal, and territorial law enforcement and correctional agencies.”
; and
by adding at the end the following:
“(9) The term ‘correctional facility’ means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.
“(10) The term ‘critical infrastructure’ has the meaning given the term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (Public Law 107–56).”
; and
by adding at the end the following:
“(n) Reimbursement Program.—Not later than 180 days of after the date of enactment of the SAFER SKIES Act, the Secretary of Homeland Security and the Attorney General shall provide the appropriate congressional committees with a plan to establish a reimbursement program for Federal agencies providing counter-UAS protection to events that are not organized or operated by the Federal Government.”
SEC. 8603. Use of Grant Funds for Unmanned Aircraft and Counter Unmanned Aircraft Systems.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following:
“(J) Programs to purchase and operate unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) to benefit public safety.
“(K) Programs to purchase and operate counter-UAS systems (as defined in section 44801 of title 49, United States Code) included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section.”
SEC. 8604. Use of Grant Funds for Unmanned Aircraft.
Section 1701(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended—
by redesignating paragraphs (23) and (24) as paragraphs (24) and (25), respectively;
by inserting after paragraph (22) the following:
“(23) to purchase and operate unmanned aircraft systems (as such term is defined in section 44801 of title 49, United States Code) to benefit public safety;”
; and
in paragraph (24), as so redesignated, by striking “ (22)” and inserting “ (23)”.
SEC. 8605. Penalties.
Definition.— In this section, the term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code.
Felony Penalty for Repeat Violation of National Defense Airspace.— Section 46307 of title 49, United States Code, is amended by adding at the end the following: “ If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under title 18, or both.”.
Increased Penalties for Operation of Unmanned Aircraft to Facilitate Felony Offense.— If a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense, the maximum imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less.
Increased Penalties for Use of Unmanned Aircraft to Introduce Contraband Into Prisons.— If a defendant who is convicted under section 1791 of title 18, United States Code, knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years.
Directive to United States Sentencing Commission: Enhanced Sentencing Range for Use of Unmanned Aircraft.—
In general.— To carry out the purposes of this section, during the Sentencing Commission’s amendment cycle in progress at the time this Act is enacted, the Commission shall, under section 994 of title 28, United States Code,—
promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and
as necessary, promulgate policy statements, or amendments to policy statements to assist in the application of this section.
Enhanced penalties.— In any case in which the enhanced penalties of subsection (c) apply, the guidelines and amendments issued under paragraph (1) shall call for an increase of at least 6 levels in the base offense level and in all other cases, the base offense level shall be increased by at least 4 levels.
Penalties for Unauthorized Counter-UAS Actions.— Any entity or individual authorized to take such actions to mitigate the threat posed by an unmanned aircraft system or unmanned aircraft pursuant to section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) who knowingly engages in such actions without Federal coordination as required by those statutes, shall be subject to—
a civil fine up to $100,000 per violation; or
suspension of counter-UAS authority pending review by the Attorney General or Secretary of Homeland Security.
Civil Enforcement.— The Attorney General is authorized to bring a civil action in a United States district court to collect fines and enforce civil penalties imposed under this section.
Effective Date.— This section and the amendments made by this section shall take effect 30 days after enactment of this Act.
SEC. 8606. Rulemaking and Implementation.
Rulemaking Authority.—
In general.— Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Attorney General, in coordination with the Secretary of Defense and the Secretary of Transportation, shall develop and publish regulations governing counter-UAS authority for SLTT law enforcement agencies and correctional agencies under this title and the amendments made by this title.
Role of faa.— In carrying out the rulemaking in paragraph (1), the Secretary of Homeland Security and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration on any aspect of the rulemaking that affects aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
Saving clause.— Nothing in this section shall be construed to vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration.
Authorized equipment and technology.— The Secretary of Homeland Security, the Attorney General, the Secretary of Defense, in coordination with the Administrator of the Federal Aviation Administration, the Chairman of the Federal Communications Commission, and the Administrator of National Telecommunications and Information Administrator shall authorize equipment and technology to be used for actions in subparagraphs (B), (C), (D), and (F) of section 210G(b)(1) of the Homeland Security Act of 2002.
Training and Compliance.—
In general.— The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, and the Department of Transportation, shall approve standards for training programs for SLTT law enforcement agencies or correctional agencies for the safe and lawful interception of drones. Such training programs shall include instruction on the legal, operational, and technological aspects of counter-UAS operations.
Compliance audits.— The Attorney General and the Secretary of Homeland Security shall periodically conduct compliance audits to prevent misuse of counter-UAS authority.
Definitions.— In this section:
SLTT law enforcement agency.— The term “SLTT law enforcement agency” means a State, local, Tribal, or territorial law enforcement agency.
Correctional agency.— The term “correctional agency” means a Federal, State, local, Tribal, or territorial government body responsible for operating correctional facilities or a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency to operate such facilities.
Correctional facility.— The term “correctional facility” means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.
SEC. 8607. Severability.
If any provision of this title, or the application of any provision of this title to any person or circumstance is held invalid, the application of such provision or circumstance and the remainder of this title shall not be affected thereby.
TITLE LXXXVII Dfc Modernization and Reauthorization Act of 2025
SEC. 8701. Short Title.
This title may be cited as the “DFC Modernization and Reauthorization Act of 2025”.
Subtitle A Definitions and Less Developed Country Focus
SEC. 8711. Definitions.
Section 1402 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9601) is amended—
by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (5), (6), and (7), respectively;
by inserting before paragraph (2), as so redesignated, the following:
“(1) Advancing income country.—The term ‘advancing income country’, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is—
“(A) greater than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process; and
“(B) is equal to or less than the per capita income threshold for classification as a high-income economy (as defined by the World Bank).”
by inserting after paragraph (2), as so redesignated, the following:
“(3) Country of concern.—The term ‘country of concern’ means any of the following countries:
“(A) The Bolivarian Republic of Venezuela.
“(B) The Republic of Cuba.
“(C) The Democratic People’s Republic of Korea.
“(D) The Islamic Republic of Iran.
“(E) The People’s Republic of China.
“(F) The Russian Federation.
“(G) The Republic of Belarus.
“(4) High-income country.—The term ‘high-income country’, with respect to a fiscal year for the Corporation, means a country with a high-income economy (as defined by the World Bank) at the start of such fiscal year but does not include any wealthy country except to the extent investments in such wealthy country are permitted pursuant to section 1412(f).”
by striking paragraph (5), as so redesignated, and inserting the following:
“(5) Less developed country.—The term ‘less developed country’, with respect to a fiscal year for the Corporation, means a country the gross national income per capita of which at the start of such fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction Development graduation process.”
; and
by adding at the end the following:
“(8) Wealthy country.—The term ‘wealthy country’, with respect to a fiscal year for the Corporation—
“(A) means a country that is among the top 20 countries with the highest gross domestic product per capita at purchasing power parity, as calculated by the World Bank; and
“(B) does not include members of the ‘Five Eyes’ alliance or the overseas territories of the 20 countries referred to in subparagraph (A).”
SEC. 8712. Less Developed Country Focus.
Section 1412 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612) is amended—
in subsection (b), in the first sentence—
by striking “ and countries in transition from nonmarket to market economies” and inserting “ countries in transition from nonmarket to market economies, and other eligible foreign countries”; and
by inserting “ and national security” after “ foreign policy”; and
by striking subsection (c) and inserting the following:
“(c) Eligible Countries.—
“(1) Less developed country focus.—The Corporation shall prioritize the provision of support under title II in less developed countries.
“(2) Advancing income countries.—The Corporation may provide support for a project under title II in an advancing income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees, that such support will be provided in accordance with the policy established pursuant to subsection (d)(2). Such certification may be included as an appendix to the report required by section 1446.
“(3) High-income countries.—
“(A) In general.—The Corporation may provide support for a project under title II in a high-income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees that such support will be provided in accordance with the policy established pursuant to subsection (d)(3). Such certification may be included as an appendix to the report required by section 1446.
“(B) Report.—Not later than 120 days after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, and annually thereafter, the Corporation shall submit to the appropriate congressional committees a report, which may be submitted in classified or confidential form, that includes—
“(i) a list of all high-income countries in which the Corporation anticipates providing support in the subsequent fiscal year (and, with respect to the first such report, the then-current fiscal year); and
“(ii) to the extent practicable, a description of the type of projects anticipated to receive such support.
“(C) Projects in high-income countries not previously identified in report.—The Corporation may not provide support for a project in a high-income country in any year for which that high-income country is not included on the list required by subparagraph (B)(i), unless, not later than 15 days before commitment, the Corporation consults with and submits to the appropriate congressional committees a notification describing how the proposed project advances the foreign policy interests of the United States.
“(4) Continuation of eligibility.—Projects previously approved by the Corporation shall remain eligible for support notwithstanding any change in the income classification of the country.
“(d) Strategic Investments Policy.—
“(1) In general.—The Board shall establish policies, which shall be applied on a project-by-project basis, to evaluate and determine the strategic merits of providing support for projects and investments in advancing income countries and high-income countries.
“(2) Investment policy for advancing income countries.—Any policy used to evaluate and determine the strategic merits of providing support for projects in an advancing income country shall require that such projects—
“(A) advance—
“(i) the national security interests of the United States in accordance with United States foreign policy, as determined by the Secretary of State; or
“(ii) significant strategic economic competitiveness imperatives;
“(B) are designed in a manner to produce significant developmental outcomes or provide developmental impacts to the poorest populations of such country; and
“(C) are structured in a manner that maximizes private capital mobilization.
“(3) Investment policy for high-income countries.—Any policy used to evaluate and determine the strategic merits of providing support for projects in high-income countries shall require that—
“(A) each such project meets the requirements described in paragraph (2);
“(B) with respect to each project in a high-income country—
“(i) private sector entities have been afforded an opportunity to support the project on viable terms in place of support by the Corporation; and
“(ii) such support by the Corporation does not exceed 25 percent of the total cost of the project;
“(C) with respect to support for all projects in all high-income countries, the aggregate amount of such support does not exceed 10 percent of the total contingent liability authorized by section 1433; and
“(D) the Chief Executive Officer submit to the appropriate congressional committees a report, which may be submitted as an appendix to a report required by section 1446, that—
“(i) certifies that the Corporation has applied the policy to each supported project in a high-income country; and
“(ii) describes whether such support—
“(I) is a preferred alternative to state-directed investments by a foreign country of concern; or
“(II) otherwise furthers the strategic interest of the United States to counter or limit the influence of foreign countries of concern.
“(e) Ineligible Countries.—The Corporation shall not provide support for a project in—
“(1) a country of concern; or
“(2) a wealthy country, except to the extent permitted pursuant to subsection (f).
“(f) Sectoral Exceptions.—Subject to the requirements in subsection (d)(3), the restriction in subsection (e)(2) shall not apply to projects in the following sectors:
“(1) Energy.
“(2) Critical minerals and rare earths.
“(3) Information and communications technology, including undersea cables.
“(g) Sense of Congress.—It is the sense of Congress that—
“(1) the Corporation should continuously operate in a manner that advances its core mission and purposes, as described in this title; and
“(2) resources of the Corporation should not be diverted for domestic or other activities extending beyond the scope of such mission and purpose.”
Subtitle B Management of Corporation
SEC. 8721. Structure of Corporation.
Section 1413(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(a)) is amended by inserting “ a Chief Strategic Officer,” after “ Chief Development Officer,”.
SEC. 8722. Board of Directors.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
in subsection (b)—
in paragraph (2)(A)(iii), by striking “ 5 individuals” each place it appears and inserting “ 3 individuals”; and
by adding at the end the following new paragraph:
“(6) Sunshine act compliance.—Meetings of the Board are subject to section 552b of title 5, United States Code (commonly referred to as the ‘Government in the Sunshine Act’).”
; and
by striking subsection (c) and inserting the following:
“(c) Public Hearings.—The Board shall—
“(1) hold at least 2 public hearings each year in order to afford an opportunity for any person to present views with respect to whether—
“(A) the Corporation is carrying out its activities in accordance with this division; and
“(B) any support provided by the Corporation under title II in any country should be suspended, expanded, or extended;
“(2) as necessary and appropriate, provide responses to the issues and questions discussed during each such hearing following the conclusion of the hearing;
“(3) post the minutes from each such hearing on a website of the Corporation and, consistent with applicable laws related to privacy and the protection of proprietary business information, the responses to issues and questions discussed in the hearing; and
“(4) implement appropriate procedures to ensure the protection from unlawful disclosure of the proprietary information submitted by private sector applicants marked as business confidential information unless—
“(A) the party submitting the confidential business information waives such protection or consents to the release of the information; or
“(B) to the extent some form of such protected information may be included in official documents of the Corporation, a nonconfidential form of the information may be provided, in which the business confidential information is summarized or deleted in a manner that provides appropriate protections for the owner of the information.”
SEC. 8723. Chief Executive Officer.
Section 1413(d)(3) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(d)(3)) is amended to read as follows:
“(3) Relationship to board.—The Chief Executive Officer shall—
“(A) report to and be under the direct authority of the Board; and
“(B) take input from the Board when assessing the performance of the Chief Risk Officer, established pursuant to subsection (f), the Chief Development Officer, established pursuant to subsection (g), and the Chief Strategic Officer, established pursuant to subsection (h).”
SEC. 8724. Chief Risk Officer.
Section 1413(f) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(f)) is amended—
in paragraph (1)—
by striking “ who—” and inserting “ who shall be removable only by a majority vote of the Board.”; and
by striking subparagraphs (A) and (B); and
by striking paragraph (2) and inserting the following:
“(2) Duties and responsibilities.—The Chief Risk Officer shall—
“(A) report directly to the Chief Executive Officer;
“(B) support the risk committee of the Board established under section 1441 in carrying out its responsibilities as set forth in subsection (b) of that section, including by—
“(i) developing, implementing, and managing a comprehensive framework and process for identifying, assessing, and monitoring risk;
“(ii) developing a transparent risk management framework designed to evaluate risks to the Corporation’s overall portfolio, giving due consideration to the policy imperatives of ensuring investment and regional diversification of the Corporation’s overall portfolio;
“(iii) assessing the Corporation’s overall risk tolerance, including recommendations for managing and improving the Corporation’s risk tolerance and regularly advising the Board on recommended steps the Corporation may take to responsibly increase risk tolerance; and
“(iv) regularly collaborating with the Chief Development Officer and the Chief Strategic Officer to ensure the Corporation’s overall portfolio is appropriately balancing risk tolerance with development and strategic impact.”
SEC. 8725. Chief Development Officer.
Section 1413(g) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A)—
by striking “ Subject to the approval of the Board, the” and inserting “ The”; and
by striking “ in development” and inserting “ in international development and development finance”; and
in subparagraph (A), by striking “ the Board” and inserting “ the Chief Executive Officer”; and
in paragraph (2)—
in the paragraph heading, by inserting “ and responsibilities” after “ duties”;
by redesignating subparagraph (A) as subparagraph (E);
by striking subparagraphs (B) through (F) and inserting before subparagraph (E), as so redesignated, the following:
“(A) advise the Chief Executive Officer and the Deputy Chief Executive Officer on international development policy matters;
“(B) in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to international development;
“(C) be an ex officio member of the Development Finance Advisory Council established under subsection (i) and participate in or send a representative to each meeting of the Council;
“(D) work with other relevant Federal departments and agencies to—
“(i) identify projects that advance United States international development interests; and
“(ii) explore investment opportunities that bring evidence-based, cost-effective development innovations to scale in a manner that can be sustained by markets;”
in subparagraph (E), as so redesignated—
by striking “ coordinate” and inserting
“(i) coordination of”
in clause (i), as so redesignated, by striking “ United States Government” and all that follows through the semicolon and inserting “ Federal departments and agencies, including by directly liaising with the relevant members of United States country teams serving overseas, to ensure that such Federal departments, agencies, and country teams have the training and awareness necessary to fully leverage the Corporation’s development tools overseas;”; and
by adding at the end the following:
“(ii) management of employees of the Corporation that are dedicated to structuring, monitoring, and evaluating transactions and projects codesigned with other relevant Federal departments and agencies for development impact;
“(iii) coordination of funds or other resources transferred to and from such Federal departments, agencies, or overseas country teams, upon concurrence of those institutions, in support of the Corporation’s international development projects or activities;
“(iv) management of the responsibilities of the Corporation under paragraphs (1) and (4) of section 1442(b) and paragraphs (1)(A) and (3)(A) of section 1443(b);
“(v) coordination and implementation of the activities of the Corporation under section 1445; and
“(vi) implementation of the Corporation’s development impact strategy and work to ensure development impact at the transaction level and portfolio-wide;”
; and
by adding at the end the following:
“(F) foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States international development policy and interests; and
“(G) coordinate within the Corporation to ensure United States international development policy and interests are considered together with the Corporation’s foreign policy and national security goals.”
SEC. 8726. Chief Strategic Officer.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613) is amended—
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and
by inserting after subsection (g) the following:
“(h) Chief Strategic Officer.—
“(1) Appointment.—The Chief Executive Officer shall appoint a Chief Strategic Officer, from among individuals with experience in United States national security matters and foreign investment, who—
“(A) shall report directly to the Chief Executive Officer; and
“(B) shall be removable only by a majority vote of the Board.
“(2) Duties and responsibilities.—The Chief Strategic Officer shall—
“(A) advise the Chief Executive Officer and the Deputy Chief Executive Officer on national security and foreign policy matters;
“(B) in addition to the Chief Executive Officer and the Deputy Chief Executive Officer, represent the Corporation in interagency meetings and processes relating to United States national security and foreign policy;
“(C) be an ex officio member of the Development Finance Advisory Council established under subsection (i) and participate in or send a representative to each meeting of the Council;
“(D) work with other relevant Federal departments and agencies to identify projects that advance United States national security and foreign policy priorities, including by complementing United States domestic investments in critical and emerging technologies;
“(E) support—
“(i) coordination of efforts to develop the Corporation’s strategic investment initiatives—
“(I) to counter predatory state-directed investment and coercive economic practices of adversaries of the United States;
“(II) to preserve the sovereignty of partner countries; and
“(III) to advance economic growth and national security through the highest standards of transparency, accessibility, and competition;
“(ii) the establishment of performance measurement frameworks and reporting on development outcomes of strategic investments, consistent with sections 1442 and 1443; and
“(iii) management of employees of the Corporation that are dedicated to ensuring that the Corporation’s activities advance United States national security and foreign policy interests, including through—
“(I) long-term strategic planning;
“(II) issue and crisis management;
“(III) the advancement of strategic initiatives; and
“(IV) strategic planning on how the Corporation’s foreign investments may complement United States domestic production of critical and emerging technologies;
“(F) foster and maintain relationships both within and external to the Corporation that enhance the capacity of the Corporation to achieve its mission to advance United States national security and foreign policy interests; and
“(G) collaborate with the Chief Development Officer to ensure United States national security interests are considered together with the Corporation’s development policy goals.”
SEC. 8727. Officers and Employees.
Section 1413(i) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(i)), as so redesignated, is amended—
by striking paragraph (1) and inserting the following:
“(1) In general.—Except as otherwise provided in this section, officers, employees, and agents shall be selected and appointed by, or under the authority of, the Chief Executive Officer, and shall be vested with such powers and duties as the Chief Executive Officer may determine.”
in paragraph (2)—
in subparagraph (A)—
by striking “ 50” and inserting “ 100”; and
by striking “ Code” and inserting
“(i) shall be reserved for individuals meeting the expert qualifications established by the Corporation’s qualification review board; and
“(ii) should be prioritized for the development of the Corporation’s next generation of talent, particularly for the recruitment of early career financial or legal sector equivalent positions.”
; and
in subparagraph (D), by inserting “ , provided that no such officer or employee may be compensated at a rate exceeding level II of the Executive Schedule” after “ respectively”; and
in paragraph (3)(C), by striking “ subsection (i)” and inserting “ subsection (j)”.
SEC. 8728. Development Finance Advisory Council.
Section 1413(j) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613(j)), as so redesignated, is amended—
by striking paragraphs (1) and (2) and inserting the following:
“(1) In general.—There is established a Development Finance Advisory Council (in this subsection referred to as the ‘Council’) that shall advise the Board and the Congressional Strategic Advisory Group established by subsection (k) on the development priorities and objectives of the Corporation.
“(2) Membership.—Members of the Council shall be appointed by the Board, on the recommendation of the Chief Executive Officer, and shall be composed of not more than 9 members broadly representative of nongovernmental organizations, think tanks, advocacy organizations, foundations, private industry, and other institutions engaged in international development and international development finance, of whom not fewer than 5 members shall be experts from the international development sector.”
by redesignating paragraph (4) as paragraph (6); and
by inserting after paragraph (3) the following:
“(4) Board meetings.—The Board shall meet with the Council at least twice each year and engage directly with the Board on its recommendations to improve the policies and practices of the Corporation to achieve the development priorities and objectives of the Corporation.
“(5) Administration.—The Board shall—
“(A) prioritize maintaining the full membership and composition of the Council;
“(B) inform the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives when a vacancy of the Council occurs, including the date that the vacancy occurred; and
“(C) for any vacancy on the Council that remains for 120 days or more, submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives explaining why a vacancy is not being filled and provide an update on progress made toward filling such vacancy, including a reasonable estimation for when the Board expects to have the vacancy filled.”
SEC. 8729. Strategic Advisory Group.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613), as amended by this title, is further amended by adding at the end the following new subsection:
“(k) Congressional Strategic Advisory Group.—
“(1) Establishment.—Not later than 90 days after the enactment of the DFC Modernization and Reauthorization Act of 2025, there shall be established a Congressional Strategic Advisory Group (referred to in this subsection as the ‘Group’), which shall meet not less frequently than annually, including after the budget of the President submitted under section 1105 of title 31, United States Code, for a fiscal year.
“(2) Composition.—The Group shall be composed of the following:
“(A) The Chief Executive Officer.
“(B) Other representatives of the Corporation, as deemed necessary by the Chief Executive Officer.
“(C) The Strategic Advisors of the Senate, as described in paragraph (3)(A).
“(D) The Strategic Advisors of the House of Representatives, as described in paragraph (3)(B).
“(3) Strategic advisors of the senate and the house of representatives.—
“(A) Strategic advisors of the senate.—
“(i) Establishment.—There is established a group to be known as the ‘Strategic Advisors of the Senate’.
“(ii) Composition.—The group established by clause (i) shall be composed of the following:
“(I) The chair of the Committee on Foreign Relations of the Senate, who shall serve as chair of the Strategic Advisors of the Senate.
“(II) The ranking member of the Committee on Foreign Relations of the Senate, who shall serve as vice-chair of the Strategic Advisors of the Senate.
“(III) Not more than 6 additional individuals who are members of the Committee on Foreign Relations of the Senate, designated by the chair, with the consent of the ranking member.
“(B) Strategic advisors of the house of representatives.—
“(i) Establishment.—There is established a group to be known as the ‘Strategic Advisors of the House of Representatives’.
“(ii) Composition.—The group established by clause (i) shall be composed of the following:
“(I) The chair of the Committee on Foreign Affairs of the House of Representatives, who shall serve as chair of the Strategic Advisors of the House.
“(II) The ranking member of the Committee on Foreign Affairs of the House of Representatives, who shall serve as vice-chair of the Strategic Advisors of the House.
“(III) Not more than 6 additional individuals who are members of the Committee on Foreign Affairs of the House of Representatives, designated by the chair, with the consent of the ranking member.
“(4) Objectives.—The Chief Executive Officer shall consult with the Strategic Advisors of the Senate and the Strategic Advisors of the House of Representatives established under paragraph (3) in order to solicit and receive congressional views and advice on the strategic priorities and investments of the Corporation, including—
“(A) the challenges presented by adversary countries to the national security interests of the United States and strategic objectives of the Corporation’s investments;
“(B) priority regions, countries, and sectors that require focused consideration for strategic investment;
“(C) the priorities and trends pursued by similarly-situated development finance institutions of friendly nations, including opportunities for partnerships, complementarity, or coinvestment;
“(D) evolving methods of financing projects, including efforts to partner with public sector and private sector institutional investors;
“(E) institutional or policy changes required to improve efficiencies within the Corporation; and
“(F) potential legislative changes required to improve the Corporation’s performance in meeting strategic and development imperatives.
“(5) Meetings.—
“(A) Times.—The chair and the vice-chair of the Strategic Advisors of the Senate and the chair and the vice-chair of the Strategic Advisors of the House of Representatives, in coordination with the Chief Executive Officer, shall determine the meeting times of the Group, which may be arranged separately or on a bicameral basis by agreement.
“(B) Agenda.—Not later than 7 days before each meeting of the Group, the Chief Executive Officer shall submit a proposed agenda for discussion to the chair and the vice-chair of each strategic advisory group referred to in subparagraph (A).
“(C) Questions.—To ensure a robust flow of information, members of the Group may submit questions for consideration before any meeting. A question submitted orally or in writing shall receive a response not later than 15 days after the conclusion of the first meeting convened wherein such question was asked or submitted in writing.
“(D) Classified setting.—At the request of the Chief Executive Officer or the chair and vice-chair of a strategic advisory group established under paragraph (3), business of the Group may be conducted in a classified setting, including for the purpose of protecting business confidential information and to discuss sensitive information with respect to foreign competitors.”
SEC. 8730. Five-Year Strategic Priorities Plan.
In General.— Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613), as amended by this title, is further amended by adding at the end the following new subsection:
“(l) Strategic Priorities Plan.—
“(1) Plan required.—Based upon guidance received from the Group established pursuant to section 1413(k), the Chief Executive Officer shall develop a Strategic Priorities Plan, which shall provide—
“(A) guidance for the Corporation’s strategic investments portfolio and the identification and engagement of priority strategic investment sectors and regions of importance to the United States; and
“(B) justifications for the certifications of such investments in accordance with section 1412(c).
“(2) Evaluations.—The Strategic Priorities Plan should determine the objectives and goals of the Corporation’s strategic investment portfolio by evaluating economic, security, and geopolitical dynamics affecting United States strategic interests, including—
“(A) determining priority countries, regions, sectors, and related administrative actions;
“(B) plans for the establishment of regional offices outside of the United States;
“(C) identifying countries where the Corporation’s support—
“(i) is necessary;
“(ii) would be the preferred alternative to state-directed investments by foreign countries of concern; or
“(iii) otherwise furthers the strategic interests of the United States to counter or limit the influence of foreign countries of concern;
“(D) evaluating the interest and willingness of potential private finance institutions and private sector project implementers to partner with the Corporation on strategic investment projects; and
“(E) identifying bilateral and multilateral project finance partnership opportunities for the Corporation to pursue with United States partner and ally countries.
“(3) Revisions.—At any time during the relevant period, the Chief Executive Officer may request to convene a meeting of the Congressional Strategic Advisory Group for the purpose of discussing revisions to the Strategic Priorities Plan.
“(4) Transparency.—The Chief Executive Officer shall publish, on a website of the Corporation—
“(A) procedures for applying for products offered by the Corporation; and
“(B) any other appropriate guidelines and compliance restrictions with respect to designated strategic priorities.”
Sense of Congress.— It is the sense of the Congress that the Corporation, during the 2-year period beginning on October 1, 2025, should consider—
advancing secure supply chains to meet the critical minerals needs of the United States and its allies and partners;
making investments to promote and secure the telecommunications sector, particularly undersea cables; and
establishing, maintaining, and supporting regional offices outside the United States for the purpose of identifying and supporting priority investment opportunities.
SEC. 8731. Development Finance Education.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613), as amended by this title, is further amended by adding at the end the following new subsection:
“(m) Report on the Feasibility of Establishing a Development Finance Education Program at the Foreign Service Institute.—
“(1) In general.—Not later than 1 year after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025, the Secretary of State, acting through the Director of the Foreign Service Institute and in collaboration with the Chief Executive Officer of the Corporation, shall conduct a review of and submit to the appropriate congressional committees a report on the utility of establishing elective training classes or programs on development finance within the School of Professional and Area Studies for all levels of the foreign service.
“(2) Elements.—The report required by paragraph (1) shall include a description of how a proposed class would be structured to ensure an appropriate level of training in development finance, including descriptions of—
“(A) the potential benefits and challenges of development finance as a component of United States foreign policy in promoting development outcomes and in promoting United States interests in advocating for the advancement of free-market principles;
“(B) the operations of the Corporation, generally, and a comparative analysis of similarly situated development finance institutions, both bilateral and multilateral;
“(C) how development finance can further the foreign policies of the United States, generally;
“(D) the anticipated foreign service consumers of any proposed classes on development finance;
“(E) the resources that may be required to establish such training classes, including through the use of detailed staff from the Corporation or temporary fellows brought in from the development finance community; and
“(F) other relevant issues, as determined by the Secretary of State and the Chief Executive Officer of the Corporation determines appropriate.”
SEC. 8732. Internships.
Section 1413 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9613), as amended by this title, is further amended by adding at the end the following new subsection:
“(n) Internships.—
“(1) In general.—The Chief Executive Officer shall establish the Development Finance Corporation Student Internship Program (referred to in this subsection as the ‘Program’) to offer internship opportunities at the Corporation to eligible individuals to provide important professional development and work experience opportunities and raise awareness among future development and international finance professionals of the career opportunities at the Corporation and to supply important human capital for the implementation of the Corporation’s critically important development finance tools.
“(2) Eligibility.—An individual is eligible to participate in the Program if the applicant—
“(A) is a United States citizen;
“(B) is enrolled at least half-time at—
“(i) an institution of higher education (as such term is defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a))); or
“(ii) an institution of higher education based outside the United States, as determined by the Secretary of State; and
“(C) satisfies such other qualifications as established by the Chief Executive Officer.
“(3) Selection.—The Chief Executive Officer shall establish selection criteria for individuals to be admitted into the Program that includes a demonstrated interest in a career in international relations and international economic development policy.
“(4) Compensation.—
“(A) Housing assistance.—The Chief Executive Officer may provide housing assistance to an eligible individual participating in the Program whose permanent address is within the United States if the location of the internship in which such individual is participating is more than 50 miles away from such individual’s permanent address.
“(B) Travel assistance.—The Chief Executive Officer shall provide to an eligible individual participating in the Program, whose permanent address is within the United States, financial assistance that is sufficient to cover the travel costs of a single round trip by air, train, bus, or other appropriate transportation between the eligible individual’s permanent address and the location of the internship in which such eligible individual is participating if such location is—
“(i) more than 50 miles from the eligible individual’s permanent address; or
“(ii) outside of the United States.
“(5) Voluntary participation.—
“(A) In general.—Nothing in this section may be construed to compel any individual who is a participant in an internship program of the Corporation to participate in the collection of the data or divulge any personal information. Such individuals shall be informed that any participation in data collection under this subsection is voluntary.
“(B) Privacy protection.—Any data collected under this subsection shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
“(6) Special hiring authority.—Notwithstanding any other provision of law, the Chief Executive Officer, in consultation with the Director of the Office of Personnel Management, with respect to the number of interns to be hired under this subsection each year, may—
“(A) select, appoint, and employ individuals for up to 1 year through compensated internships in the excepted service; and
“(B) remove any compensated intern employed pursuant to subparagraph (A) without regard to the provisions of law governing appointments in the competitive excepted service.
“(7) Availability of appropriations.—Internships offered and compensated by the Corporation under this subsection shall be funded solely by available amounts appropriated after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025 to the Corporate Capital Account established under section 1434.”
SEC. 8733. Independent Accountability Mechanism.
Section 1415 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9614) is amended by adding at the end the following new subsection:
“(c) Consolidation of Functions.—Not later than 90 days after the date of enactment of the DFC Modernization and Reauthorization Act of 2025, the Board shall submit a report to the appropriate congressional committees describing any efficiencies that may be gained through the consolidation of functions of the independent accountability mechanism under the authorities of the Office of the Inspector General of the Corporation under section 1414. The report shall include an outline as to how the Inspector General of the Corporation would develop an internal environmental, social, and governance expertise to adequately replace the independent accountability mechanism’s environmental, social, and governance expertise.”
Subtitle C Authorities Relating to the Provision of Support
SEC. 8741. Equity Investment.
Corporate Equity Investment Fund.— Section 1421(c) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)) is amended by adding at the end the following new paragraph:
“(7) Corporate equity investment account.—
“(A) Establishment.—There is established in the Treasury of the United States a fund to be known as the ‘Development Finance Corporate Equity Investment Account’ (referred to in this division as the ‘Equity Investment Account’), which shall be administered by the Corporation as a revolving account to carry out the purposes of this section.
“(B) Purpose.—The Corporation shall—
“(i) manage the Equity Investment Account in ways that demonstrate a commitment to pursuing catalytic investments in less developed countries in accordance with section 1412(c)(1) and paragraph (1); and
“(ii) collect data and information about the use of the Equity Investment Account to inform the Corporation’s record of returns on investments and reevaluation of equity investment subsidy rates prior to the termination of the authorities provided under this title.
“(C) Authorization of appropriations.—There is authorized to be appropriated to the Equity Investment Account $5,000,000,000 for fiscal years 2026 through 2031.
“(D) Offsetting collections and funds.—Earnings and proceeds from the sale or redemption of, and fees, credits, and other collections from, the equity investments of the Corporation under the Equity Investment Account shall be retained and deposited into the Fund and shall remain available to carry out this subsection without fiscal year limitation without further appropriation.
“(E) Impact quotient.—The Corporation shall ensure that at least 25 percent of its obligations from funds authorized to be appropriated under subparagraph (C) or otherwise made available for the Fund for Corporation projects are rated in the upper 20 percent on the Impact Quotient tier system, or any similar or successor assessment tool, developed pursuant to section 1442(b)(1).”
Guidelines and Criteria.— Section 1421(c)(3)(C) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(3)(C)), is amended by inserting “ , localized workforces, and partner country economic security” after “ markets”.
Limitations on Equity Investments.— Section 1421(c)(4)(A) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621(c)(4)(A)), by striking “ 30” and inserting “ 40”.
SEC. 8742. Special Projects.
Section 1421 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9621) is amended by striking subsection (f) and inserting the following:
“(f) Special Projects and Programs.—The Corporation may administer and manage special projects and programs in support of specific transactions undertaken by the Corporation—
“(1) for the provision of post-investment technical assistance for existing projects of the Corporation, including programs of financial and advisory support that provide private technical, professional, or managerial assistance in the development of human resources, skills, technology, or capital savings; or
“(2) subject to the nondelegable review and approval of the Board, by creating companies, corporations, and partnerships that advance both the development objectives and foreign policy interests outlined in the purpose of this division if, not later than 30 days prior to entering into an agreement or other arrangement to provide support pursuant to this section, the Chief Executive Officer—
“(A) notifies the appropriate congressional committees; and
“(B) includes in the notification required by subparagraph (A) a certification that such support—
“(i) is designed to meet an exigent need that is critical to the national security interests of the United States; and
“(ii) could not otherwise be secured utilizing the authorities under this section.”
SEC. 8743. Terms and Conditions.
Section 1422 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9622) is amended—
in subsection (b), by striking paragraph (3) and inserting the following:
“(3) The Corporation shall, with respect to providing any loan guaranty to a project, require the parties to the project to bear a risk of loss on the project in an amount equal to at least 20 percent of the amount of such guaranty. The Corporation shall continue to work with the President to streamline the process for securing waivers that would enable the Corporation to guarantee up to 100 percent of the amount of a loan, provided that risk of loss in the project borne by the parties to the project is equal to at least 20 percent of the guaranty amount.”
; and
by adding at the end the following new subsection:
“(c) Best Practices to Prevent Usurious or Abusive Lending by Intermediaries.—
“(1) In general.—The Corporation shall ensure that terms, conditions, penalties, rules for collections practices, and other finance administration policies that govern Corporation-backed lending, guarantees and other financial instruments through intermediaries are consistent with industry best practices and the Corporation’s rules with respect to direct lending to its clients.
“(2) Truth in lending policies.—The Corporation shall develop required truth in lending rules, guidelines, and related implementing policies and practices to govern secondary lending through intermediaries and shall report such policies and practices to the appropriate committees not later than 180 days of enactment of the DFC Modernization and Reauthorization Act of 2025, with annual updates, as needed, thereafter.
“(3) Policy development requirements.—In developing such policies and practices required by paragraph (2), the Corporation shall—
“(A) take into account any particular vulnerabilities generally faced by potential applicants or recipients of microlending and other forms of microfinance, such as lack of experience with lending or lack of financial literacy;
“(B) develop and apply, generally, rules and terms to ensure Corporation-backed lending through an intermediary does not carry excessively punitive or disproportionate penalties for customers in default;
“(C) ensure that such policies and practices include effective safeguards to prevent usurious or abusive lending by intermediaries, including in the provision of microfinance; and
“(D) ensure the intermediary includes in any lending contract with microfinance borrowers that is supported by the Corporation an appropriate level of financial disclosure to the borrower, including—
“(i) disclosures that explain in all material respects to the customer both lender and customer rights and obligations under the contract in language that is accessible to the customer;
“(ii) the material loan terms and tenure of the contract;
“(iii) the procedures and potential penalties or forfeitures in case of default;
“(iv) information on privacy and personal data protection; and
“(v) any other information that the Corporation determines is needed to inform the borrower of the material terms of the loan.
“(4) Audit requirements.—The Corporation shall establish appropriate auditing mechanisms to oversee and monitor secondary lending provided through intermediaries in partner countries and include in each annual report to Congress required under paragraph (2) a summary of the results of such audits.”
SEC. 8744. Termination.
Section 1424(a) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9624) is amended by striking “ the date that is 7 years after the date of the enactment of this Act” and inserting “ December 31, 2031”.
Subtitle D Other Matters
SEC. 8751. Operations.
Section 1431 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9631) is amended by adding at the end the following new subsection:
“(e) Sense of Congress.—It is the sense of Congress that—
“(1) the Corporation is obligated to consult with and collect input from current employees on plans to substantially reorganize the Corporation prior to implementation of such plan; and
“(2) the Corporation should consider preference, experience, and, when relevant, seniority when reassigning existing employees to new areas of work.”
SEC. 8752. Corporate Powers.
Section 1432(a)(10) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9632(a)(10)) is amended by striking “ until the expiration of the current lease under predecessor authority, as of the day before the date of the enactment of this Act”.
SEC. 8753. Maximum Contingent Liability.
Section 1433 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9633) is amended to read as follows:
“SEC. 1433. MAXIMUM CONTINGENT LIABILITY.
“(a) In General.—The maximum contingent liability of the Corporation outstanding at any one time shall not exceed in the aggregate $205,000,000,000.
“(b) Rule of Construction.—The maximum contingent liability shall apply to all extension of liability by the Corporation regardless of the authority cited thereto.”
SEC. 8754. Performance Measures, Evaluation, and Learning.
Section 1442 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9652) is amended—
in subsection (b)—
by striking paragraph (1) and inserting the following:
“(1) develop a development impact measurement system, to be known as the Corporation’s Impact Quotient, which shall—
“(A) serve as a metrics-based measurement system to assess a project’s expected outcomes and development impact on a country, a region, and populations throughout the sourcing, origination, management, monitoring, and evaluation stages of a project’s lifecycle;
“(B) enable the Corporation to assess development impact at both the project and portfolio level;
“(C) provide guidance on when to take appropriate corrective measures to further development goals throughout a project’s lifecycle; and
“(D) inform congressional notification requirements outlining the Corporation’s project development impacts;”
in paragraph (3), by striking “ ; and” and inserting a semicolon;
in paragraph (4)—
in the matter preceding subparagraph (A), by striking “ method for ensuring, appropriate development performance” and inserting “ method for evaluating and documenting the development impacts”; and
in subparagraph (B), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(5) develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s compliance with environmental and social standards consistent with the guidance published by the Corporation following broad consultation with appropriate stakeholders to include civil society; and
“(6) develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s portfolio, including standards for ensuring employees or agents of the Corporation identify and conduct in-person site visits of each high-risk loan, loan guarantee, and equity project, as necessary and appropriate, after the initial disbursement of funds.”
by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
by inserting the following after subsection (b):
“(c) Required Performance Measures Update for Congressional Strategic Advisory Group.—At any meeting of the Congressional Strategic Advisory Group, the Corporation shall be prepared discuss the standards developed in subsection (b) for all ongoing projects.”
; and
by inserting at the end the following:
“(f) Staffing for Portfolio Oversight and Reporting.—
“(1) Requirement to maintain capacity.—The Corporation shall maintain an adequate number of full-time personnel with appropriate expertise to fulfill its obligations under this section and section 1443, including—
“(A) monitoring and evaluating the financial performance of the Corporation’s portfolio;
“(B) evaluating the development and strategic impact of investments throughout the program lifecycle;
“(C) preparing required annual reporting on the Corporation’s portfolio of investments, including the information set forth in section 1443(a)(6); and
“(D) monitoring for compliance with all applicable laws and ethics requirements.
“(2) Qualifications.—Personnel assigned to carry out the obligations described in paragraph (1) shall possess demonstrable professional experience in relevant areas, such as development finance, financial analysis, investment portfolio management, monitoring and evaluation, impact measurement, or legal and ethics expertise.
“(3) Organizational structure.—The Corporation shall maintain such personnel within 1 or more dedicated units or offices, which shall—
“(A) be functionally independent from investment origination teams;
“(B) be managed by senior staff who report to the Chief Executive Officer or Deputy Chief Executive Officer; and
“(C) be allocated resources sufficient to fulfill the Corporation’s obligations under this section and to support transparency and accountability to Congress and to the public.
“(4) Insulation from reductions.—The Corporation may not reduce the staffing, funding, or organizational independence of the units or personnel responsible for fulfilling the obligations under this section unless—
“(A) the Chief Executive Officer certifies in writing to the appropriate congressional committees that such reductions are necessary due to operational exigency, statutory change, or budgetary shortfall; and
“(B) the Corporation includes in its annual report a detailed explanation of the impact of any such changes on its capacity to analyze and report on portfolio performance.”
SEC. 8755. Annual Report.
Section 1443 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9653) is amended—
in subsection (a)—
in paragraph (3), by striking “ ; and” and inserting a semicolon;
in paragraph (4), by striking the period at the end and inserting a semicolon; and
by inserting at the end the following:
“(5) the United States strategic, foreign policy, and development objectives advanced through projects supported by the Corporation; and
“(6) the health of the Corporation’s portfolio, including an annual overview of funds committed, funds disbursed, default and recovery rates, capital mobilized, equity investments’ year on year returns, and any difference between how investments were modeled at commitment and how they ultimately performed, to include a narrative explanation explaining any changes.”
; and
in subsection (b)—
in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:
“(A) the desired development impact and strategic outcomes for projects, and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects;
“(B) whether the Corporation’s support for projects that focus on achieving strategic outcomes are achieving such strategic objectives of such investments over the duration of the support and lasting after the Corporation’s support is completed;
“(C) the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support;
“(D) the total private capital projected to be mobilized by projects supported by the Corporation during that year, including an analysis of the lenders and investors involved and investment instruments used;
“(E) the total private capital actually mobilized by projects supported by the Corporation that were fully funded by the end of that year, including—
“(i) an analysis of the lenders and investors involved and investment instruments used; and
“(ii) a comparison with the private capital projected to be mobilized for the projects described in this paragraph;
“(F) a breakdown of—
“(i) the amount and percentage of Corporation support provided to less developed countries, advancing income countries, and high-income countries in the previous fiscal year; and
“(ii) the amount and percentage of Corporation support provided to less developed countries, advancing income countries and high-income countries averaged over the last 5 fiscal years;
“(G) a breakdown of the aggregate amounts and percentage of the maximum contingent liability of the Corporation authorized to be outstanding pursuant to section 1433 in less developed countries, advancing income countries, and high-income countries;
“(H) the risk appetite of the Corporation to undertake projects in less developed countries and in sectors that are critical to development but less likely to deliver substantial financial returns; and
“(I) efforts by the Chief Executive Officer to incentivize calculated risk-taking by transaction teams, including through the conduct of development performance reviews and provision of development performance rewards;”
in paragraph (3)(B), by striking “ ; and” and inserting a semicolon;
by redesignating paragraph (4) as paragraph (5); and
by inserting after paragraph (3) the following:
“(4) to the extent practicable, recommendations for measures that could enhance the strategic goals of projects to adapt to changing circumstances; and”
SEC. 8756. Publicly Available Project Information.
Section 1444 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9654) is amended in paragraph (1) to read as follows:
“(1) maintain a user-friendly, publicly available, machine-readable database with detailed project-level information, as appropriate and to the extent practicable, including a description of the support provided by the Corporation under title II, which shall include, to the greatest extent feasible for each project—
“(A) the information included in the report to Congress under section 1443;
“(B) project-level performance metrics; and
“(C) a description of the development impact of the project, including anticipated impact prior to initiation of the project and assessed impact during and after the completion of the project; and”
SEC. 8757. Notifications to Be Provided by the Corporation.
Section 1446 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9656) is amended—
in subsection (a), by striking “ $10,000,000” and inserting “ $20,000,000”; and
in subsection (b)—
in paragraph (2), by striking “ ; and” and inserting a semicolon;
in paragraph (3)—
by inserting “ the Corporation’s impact quotient outlining” after “ asset and”; and
by striking the period at the end and inserting “ ; and”; and
by adding at the end the following:
“(4)
(A) information relating to whether the Corporation has accepted a creditor status that is subordinate to that of other creditors in the project, activity, or asset; and
“(B) for all projects, activities, or assets that the Corporation has accepted a creditor status that is subordinate to that of other creditors the Corporation shall include a description of the substantive policy rationale required by section 1422(b)(12) that influenced the decision to accept such a creditor status.”
SEC. 8758. Limitations and Preferences.
Section 1451 of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9671) is amended—
in subsection (a), by striking “ 5 percent” and inserting “ 2.5 percent”; and
by adding at the end the following:
“(j) Policies With Respect to State-owned Enterprises, Anticompetitive Practices, and Countries of Concern.—
“(1) Policy.—The Corporation shall develop appropriate policies and guidelines for support provided under title II for a project involving a state-owned enterprise, sovereign wealth fund, or a parastatal entity to ensure such support is provided consistent with appropriate principles and practices of competitive neutrality.
“(2) Prohibitions.—
“(A) Anticompetitive practices.—The Corporation may not provide support under title II for a project that involves a private sector entity engaged in anticompetitive practices.
“(B) Countries of concern.—The Corporation may not provide support under title II for projects that would be operated, managed, or controlled by the government of a county of concern or a state-owned enterprise that belongs to or is under the control of a country of concern.
“(C) Exception.—The President may waive the restriction under subparagraph (B) on a project-by-project basis if the President submits to the appropriate congressional committees—
“(i) a certification, which may be included as a classified or confidential annex to a report required by section 1446, that such support is important to the national security interests of the United States; and
“(ii) a written justification of how such support directly counters or significantly limits the influence of an entity described in such subparagraph.
“(3) Definitions.—In this subsection:
“(A) Control.—The term ‘control’, with respect to an enterprise, means the power by any means to control the enterprise regardless of—
“(i) the level of ownership; and
“(ii) whether or not the power is exercised.
“(B) Owned.—The term ‘owned’, with respect to an enterprise, means a majority or controlling interest, whether by value or voting interest, of the shares of that enterprise, including through fiduciaries, agents, or other means.
“(C) State-owned enterprise.—The term ‘state-owned enterprise’ means any enterprise established for a commercial or business purpose that is directly owned or controlled by one or more governments, including any agency, instrumentality, subdivision, or other unit of government at any level of jurisdiction.”
TITLE LXXXVIII Other Matters
SEC. 8801. Pilot Program for Sound Insulation Repair and Replacement.
Government Share.— Section 47109 of title 49, United States Code, is amended by adding at the end the following:
“(i) Special Rule for Sound Insulation Repair and Replacement.—With respect to a project to carry out sound insulation that is granted a waiver under section 47110(j), the allowable project cost for such project shall be calculated without consideration of any costs that were previously paid by the Government.”
Sound Insulation Treatment Repair and Replacement Projects.— Section 47110 of title 49, United States Code, is amended by adding at the end the following:
“(j) Pilot Program for Sound Insulation Repair and Replacements.—
“(1) In general.—Not later than 120 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall establish a pilot program at up to two large hub public-use airports for local airport operators that have established a local program to fund secondary noise insulation using nonaeronautical revenue that provides a one-time waiver of the requirement of subsection (b)(4) for a qualifying airport as applied to projects to carry out repair and replacement of sound insulation for a residential building for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter if—
“(A) the Secretary determines that the additional assistance is justified due to the residence containing any sound insulation treatment or other type of sound proofing material previously installed under this subchapter that is determined to be eligible pursuant to paragraph (2);
“(B) the residence—
“(i) falls within the Day Night Level (DNL) of 65 to 75 decibel (dB) noise contours, according to the most recent noise exposure map (as such term is defined in section 150.7 of title 14, Code of Federal Regulations) available as of the date of enactment of this subsection;
“(ii) fell within such noise contours at the time the initial sound insulation treatment was installed, but a qualified noise auditor has determined that—
“(I) such sound insulation treatment caused physical damage to the residence; or
“(II) the materials used for sound insulation treatment were of low quality and have deteriorated, broken, or otherwise no longer function as intended; and
“(iii) is shown through testing that current interior noise levels exceed DNL 45 dB, and the new insulation would have the ability to achieve a 5 dB noise reduction; and
“(C) the qualifying airport—
“(i) is a large hub airport (as defined in section 40102 of title 49, United States Code);
“(ii) is located in a dense residential area, with a minimum population of 200,000 residents within a 5-mile radius of the airport;
“(iii) has an established residential sound insulation program that has been operational for at least 30 years and began in the year 1985;
“(iv) is located in a metropolitan statistical area with a population of at least 4,000,000 people; and
“(v) has at least 22,000,000 enplanements annually.
“(2) Eligibility determination.—To be eligible for waiver under this subsection for repair or replacement of sound insulation treatment projects, an applicant shall—
“(A) ensure that the applicant and the property owner have made a good faith effort to exhaust any amounts available through warranties, insurance coverage, and legal remedies for the sound insulation treatment previously installed on the eligible residence;
“(B) verify the sound insulation treatment for which Federal assistance was previously provided was installed prior to the year 2002; and
“(C) demonstrate that a qualified noise auditor, based on an inspection of the residence, determined that—
“(i) the sound insulation treatment for which Federal assistance was previously provided has resulted in structural deterioration that was not caused by failure of the property owner to repair or adequately maintain the residential building or through the negligence of the applicant or the property owner; and
“(ii) the condition of the sound insulation treatment described in subparagraph (A) is not attributed to actions taken by an owner or occupant of the residence.
“(3) Additional authority for surveys.—Notwithstanding any other provision of law, the Secretary shall consider a cost allowable under this subchapter for an airport to conduct periodic surveys of properties in which repair and replacement of sound insulation treatment was carried out as described in paragraph (1) and for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter. The surveys shall be conducted only for those properties for which the airport has identified a property owner who is interested in having a survey be undertaken to assess the current effectiveness of the sound insulation treatment. Such surveys shall be carried out to identify any properties described in the preceding sentence that are eligible for funds under this subsection.”
SEC. 8802. Alignment of Timing of Updates of Strategic Plan with Updates to National Strategy for Advanced Manufacturing.
In General.— Paragraph (2) of section 34(i) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(i)) is amended—
in subparagraph (C), by striking “ and update not less frequently than once every 3 years thereafter,”;
by redesignating subparagraphs (D) through (M) as subparagraphs (E) through (N), respectively; and
by inserting after subparagraph (C), the following new subparagraph:
“(D) to update the strategic plan developed under subparagraph (C) not less frequently than once every four years such that the planning cycle for each such update aligns with the planning cycle for updates to the strategic plan required under section 102(c)(4) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(c)(4)) to better ensure the Program reflects the priorities of such strategic plan under such section 102(c)(4);”
Conforming Amendments.— Section 34(i) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(i)) is amended—
in paragraph (3), by striking “ developing and updating the strategic plan under paragraph (2)(C)” and inserting “ developing the strategic plan under subparagraph (C) of paragraph (2) and updating such plan under subparagraph (D) of such paragraph”; and
in paragraph (4), by adding at the end the following new sentence: “ Upon completion of each update required under paragraph (2)(D), the Secretary shall transmit such strategic plan to such committees.”.
SEC. 8803. Lumbee Fairness Act.
Short Title.— This section may be cited as the “Lumbee Fairness Act”.
Federal Recognition.— The Act of June 7, 1956 (70 Stat. 254, chapter 375), is amended—
by striking section 2;
in the first sentence of the first section, by striking “ That the Indians” and inserting the following:
“SEC. 3. DESIGNATION OF LUMBEE INDIANS.
“The Indians”
in the preamble—
by inserting before the first undesignated clause the following:
“SECTION 1. FINDINGS.
“Congress finds that—”
by designating the undesignated clauses as paragraphs (1) through (4), respectively, and indenting appropriately;
by striking “ Whereas” each place it appears;
by striking “ and” after the semicolon at the end of each of paragraphs (1) and (2) (as so designated); and
in paragraph (4) (as so designated), by striking “ : Now, therefore,” and inserting a period;
by moving the enacting clause so as to appear before section 1 (as so designated);
by striking the last sentence of section 3 (as designated by paragraph (2));
by inserting before section 3 (as designated by paragraph (2)) the following:
“SEC. 2. DEFINITIONS.
“In this Act:
“(1) Claim.—The term ‘claim’ means any claim that has been asserted or could have been asserted by the Lumbee Tribe of North Carolina or any member relating to a right, title, or interest in property, to trespass or property damages, or hunting, fishing, or other rights to natural resources, subject to the condition that the claim is based on aboriginal title, recognized title, or title by grant, patent, or treaty.
“(2) Federally recognized indian tribe.—The term ‘federally recognized Indian tribe’ means any Indian tribe included on the most recent list published by the Secretary under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)).
“(3) Member.—The term ‘member’ means any individual enrolled as a member of the Lumbee Tribe of North Carolina—
“(A) as of the date of enactment of the Lumbee Fairness Act; and
“(B) after that date of enactment.
“(4) Secretary.—The term ‘Secretary’ means the Secretary of the Interior.”
; and
by adding at the end the following:
“SEC. 4. FEDERAL RECOGNITION.
“(a) In General.—Federal recognition is extended to the Lumbee Tribe of North Carolina.
“(b) Applicability of Laws.—Except as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and federally recognized Indian tribes, including the Act of June 18, 1934 (commonly known as the ‘Indian Reorganization Act’) (48 Stat. 984, chapter 576; 25 U.S.C. 5101 et seq.), shall apply to the Lumbee Tribe of North Carolina and its members.
“SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES.
“(a) In General.—The Lumbee Tribe of North Carolina and its members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes when—
“(1) the Secretary and the Secretary of Health and Human Services has developed a determination of needs under section subsection (c); and
“(2) the Secretary has completed the verification of the tribal roll under subsection (d)(1).
“(b) Service Area.—For the purpose of the delivery of Federal services and benefits described in subsection (a), members residing in Robeson, Cumberland, Hoke, and Scotland Counties in North Carolina shall be deemed to be residing on or near an Indian reservation.
“(c) Determination of Needs.—On verification by the Secretary of a tribal roll under subsection (d)(1), the Secretary and the Secretary of Health and Human Services shall—
“(1) develop, in consultation with the Lumbee Tribe of North Carolina, a determination of needs to provide the services for which members are eligible; and
“(2) in the first fiscal year following the date on which the tribal roll is verified, each submit to Congress a written statement of those needs, which shall be included in the materials submitted to Congress in support of the President’s budget submitted pursuant to section 1105 of title 31, United States Code, for that fiscal year.
“(d) Tribal Roll.—
“(1) In general.—As a condition of receiving Federal services and benefits described in subsection (a), the Lumbee Tribe of North Carolina shall submit to the Secretary the tribal roll in effect on the date of enactment of this section, which shall be verified by the Secretary in accordance with paragraph (2).
“(2) Verification limitation and deadline.—The verification by the Secretary under paragraph (1) shall be—
“(A) limited to confirming the presence of documentary proof of compliance with the membership criteria described in the constitution of the Lumbee Tribe of North Carolina adopted on November 16, 2001; and
“(B) completed not later than 2 years after the submission of a digitized roll with supporting documentary proof by the Lumbee Tribe of North Carolina to the Secretary.
“(e) Savings Provision.—Nothing in this section prevents the Lumbee Tribe of North Carolina from changing its tribal roll or membership qualifications after the date of enactment of this section.
“SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST.
“(a) In General.—The Secretary is authorized to take land into trust for the benefit of the Lumbee Tribe of North Carolina, if such land is located within the boundaries of Robeson, Cumberland, Hoke, or Scotland Counties in North Carolina.
“(b) Treatment of Certain Land.—An application to take into trust land located within Robeson County in North Carolina under this section shall be treated by the Secretary as an ‘on reservation’ trust acquisition under part 151 of title 25, Code of Federal Regulations (or a successor regulation).
“(c) Claims Against the United States.—Any claim accruing before the date of enactment of this section against the United States shall first be authorized by an Act of Congress.
“SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA.
“(a) In General.—With respect to land located within the State of North Carolina that is owned by, or held in trust by the United States for the benefit of, the Lumbee Tribe of North Carolina, or any dependent Indian community of the Lumbee Tribe of North Carolina, the State of North Carolina shall exercise jurisdiction over—
“(1) all criminal offenses that are committed; and
“(2) all civil actions that arise.
“(b) Transfer of Jurisdiction.—
“(1) In general.—Pursuant to section 403 of the Civil Rights Act of 1968 (25 U.S.C. 1323), and subject to paragraph (2), the Secretary may accept on behalf of the United States, after consulting with the Attorney General of the United States, any transfer by the State of North Carolina to the United States of any portion of the jurisdiction of the State of North Carolina described in subsection (a) over Indian country occupied by the Lumbee Tribe of North Carolina pursuant to an agreement between the Lumbee Tribe of North Carolina and the State of North Carolina.
“(2) Restriction.—A transfer of jurisdiction described in paragraph (1) may not take effect until 2 years after the effective date of the agreement described in that paragraph.
“(c) Effect.—Nothing in this section affects the application of section 109 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1919).
“SEC. 8. SAVINGS PROVISION.
“(a) In General.—Except as provided in subsections (b) and (c)—
“(1) the delivery of services to the Lumbee Tribe of North Carolina or its members shall not occur before the third fiscal year following the date of enactment of this section; but
“(2) that delay in the delivery of services shall not extend beyond 3 fiscal years following that date of enactment.
“(b) New and Restored Tribes Funding.—The Lumbee Tribe of North Carolina shall be eligible for funding provided by the Department of the Interior and the Department of Human Services that is only available to newly federally recognized and restored Indian tribes.
“(c) Current Funding and Services.—Nothing in this section affects the level of funding or services being delivered by any Federal agency to the Lumbee Tribe of North Carolina on or before the date of enactment of this section.”
SEC. 8804. Drinking Water Well Replacement for Chincoteague, Virginia.
In General.— Notwithstanding any other provision of law, the Administrator of the National Aeronautics and Space Administration may enter into an agreement, as appropriate, with the Town of Chincoteague, Virginia, for a period of up to five years, for reimbursement of the Town of Chincoteague’s costs directly associated with the development of a plan for the following:
The decommissioning of drinking water wells currently situated on property administered by National Aeronautics and Space Administration.
The establishment of alternative drinking water wells, which are located on property under the administrative control, whether through lease, ownership, or easement, of the Town of Chincoteague.
Elements.— The plan under subsection (a) shall include, to the extent practicable, information relating to the following:
Any drinking water well described in paragraph (1) such subsection, including an identification relating thereto, that is to be decommissioned.
The location under paragraph (2) of such subsection of the site to which any alternative drinking water well is be established.
The estimated cost of any such establishment, including for the purchase, lease, or use of additional property, engineering, design, permitting, or construction relating thereto.
Submission to Congress.— Not later than 18 months after the date of the enactment of this Act, the Administrator of the National Aeronautics and Space Administration, in coordination with the head or other appropriate representative of any entity relevant to any agreement entered into under subsection (a), shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a copy of any such agreement.
SEC. 8805. Briefing on Implementation of Compact of Free Association Amendments Act of 2024 with Respect to Veterans in the Freely Associated States.
In General.— Not later than 30 days after the date of the enactment of this Act, and not less frequently than monthly thereafter until the date that is five years after such date of enactment, the Secretary of Veterans Affairs shall provide to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a briefing on the status of implementation of the provisions of the Compact of Free Association Amendments Act of 2024 (title II of division G of Public Law 118–42) relating to veterans in the Freely Associated States in a way that is consistent with the intent of Congress, including—
engagement with the governments of the Freely Associated States;
a projected timeline for veterans in the Freely Associated States to receive hospital care and medical services; and
an estimate of the cost of implementation of such provisions.
Definitions.— In this section:
Freely associated states.— The term “Freely Associated States” means—
the Federated States of Micronesia;
the Republic of the Marshall Islands; and
the Republic of Palau.
Hospital care; medical services.— The terms “hospital care” and “medical services” have the meanings given those terms in section 1701 of title 38, United States Code.
SEC. 8806. Disinterment of Remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas.
Disinterment.— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall disinter the remains of Fernando V. Cota from Fort Sam Houston National Cemetery, Texas.
Notification.— The Secretary of Veterans Affairs may not carry out subsection (a) until after notifying the next of kin of Fernando V. Cota.
Disposition.— After carrying out subsection (a), the Secretary of Veterans Affairs shall—
relinquish the remains to the next of kin described in subsection (b); or
if no such next of kin responds to the notification under subsection (b), arrange for disposition of the remains as the Secretary determines appropriate.