Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696596989173.pdf (United States)
CONGRESSIONAL RECORD — SENATE the bill S. 2226, to authorize appropria- tions for fiscal year 2024 for military activities of the Department of De- fense, for military construction, and for defense activities of the Depart- ment of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title VIII, in- July 13, 2023 (1) review the number of personnel of the Department of Energy granted Q and L ac- cess; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) INDEPENDENT REVIEWS.—Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Inter- est Declassification Board shall each review the study or review, as the case may be.
SA 534.
Mr. FETTERMAN (for him- self and Ms. ERNST) submitted an amendment intended to be proposed by him to the bill S. 2226, to authorize ap- propriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in subtitle D of title XXXI, insert the following: SEC.
31llll.

PROHIBITION ON CERTAIN EX- PORTS.

(a) IN GENERAL.—The Energy Policy and Conservation Act is amended by inserting after section 163 (42 U.S.C.

6243) the fol- lowing: ‘‘SEC.

164.

PROHIBITION ON CERTAIN EXPORTS.
‘‘(a) IN GENERAL.—The Secretary shall pro- hibit the export or sale of petroleum prod- ucts drawn down from the Strategic Petro- leum Reserve, under any provision of law, to— ‘‘(1) the People’s Republic of China; ‘‘(2) the Democratic People’s Republic of Korea; ‘‘(3) the Russian Federation; ‘‘(4) the Islamic Republic of Iran; ‘‘(5) any other country the government of which is subject to sanctions imposed by the United States; and ‘‘(6) any entity owned, controlled, or influ- enced by— ‘‘(A) a country referred to in any of para- graphs (1) through (5); or ‘‘(B) the Chinese Communist Party.
‘‘(b) WAIVER.—The Secretary may issue a waiver of the prohibition described in sub- section (a) if the Secretary certifies that any export or sale authorized pursuant to the waiver is in the national security interests of the United States.

‘‘(c) RULE.—Not later than 60 days after the date of enactment of the National De- fense Authorization Act for Fiscal Year 2024, the Secretary shall issue a rule to carry out his section.’’.
(b) CONFORMING AMENDMENTS.— (1) DRAWDOWN AND SALE OF PETROLEUM PRODUCTS.—Section 161(a) of the Energy Pol- icy and Conservation Act (42 U.S.C.

6241(a)) is amended by inserting ‘‘and section 164’’ before the period at the end.

(2) CLERICAL AMENDMENT.—The table of contents for the Energy Policy and Con- servation Act is amended by inserting after the item relating to section 163 the fol- lowing: ‘‘Sec.

164.

Prohibition on certain exports.’’.

SA 535.


Ms. DUCKWORTH (for her- self, Mr. KENNEDY, Mrs. GILLIBRAND, and Ms. BALDWIN) submitted an amend- ment intended to be proposed by her to sert the following: SEC.

ll.

ENHANCED DOMESTIC CONTENT RE- QUIREMENT FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) ASSESSMENT REQUIRED.— (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of pro- curements carried out in connection with a major defense acquisition program.
(2) INFORMATION REPOSITORY.—The Sec- retary of Defense shall establish an informa- tion repository for the collection and anal- ysis of information related to domestic source content for products the Secretary deems critical, where such information can be used for continuous data analysis and pro- gram management activities.
(b) ENHANCED DOMESTIC CONTENT REQUIRE- MENT.— (1) IN GENERAL.—Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured in connection with a major defense acquisition program are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of such component articles, materials, or supplies— (A) supplied not later than the date of the enactment of this Act, exceeds 60 percent of cost of the manufactured articles, materials, or supplies procured; (B) supplied during the period beginning January 1, 2024, and ending December 31, 2028, exceeds 65 percent of the cost of the manufactured articles, materials, or sup- plies; and (C) supplied on or after January 1, 2029, ex- ceeds 75 percent of the cost of the manufac- tured articles, materials, or supplies.
(2) EXCLUSION FOR CERTAIN MANUFACTURED ARTICLES.—Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combina- tion of iron and steel.
(3) RULEMAKING TO CREATE A FALLBACK THRESHOLD.— (A) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (i) the application of paragraph (1) results in an unreasonable cost; or (ii) no offers are submitted to supply man- ufactured articles, materials, or supplies manufactured substantially all from arti- cles, materials, or supplies mined, produced, or manufactured in the United States.
(B) TERMINATION.—Rules issued under this paragraph shall cease to have force or effect on January 1, 2030.

(4) APPLICABILITY.—The requirements of this subsection— (A) shall apply to contracts entered into on or after the date of the enactment of this Act; and S2669 (B) shall be applied in a manner consistent with the obligations of the United States under any relevant international agreement.
(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—The term ‘‘major defense acquisi- tion program’’ has the meaning given the term in section 4201 of title 10, United States Code.

SA 536.
SA 536.

Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize ap- propriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title VII, insert the following: SEC.

7ll.
7ll.

CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM.
(a) PHARMACY BENEFITS PROGRAM.—Sec- tion 1074g(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph: ‘‘(D) Notwithstanding subparagraphs (A), (B), and (C), cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any eli- gible covered beneficiary for any prescrip- tion contraceptive on the uniform formulary provided through a retail pharmacy de- scribed in paragraph (2)(E)(ii) or through the national mail-order pharmacy program.’’.
(b) TRICARE SELECT.—Section 1075 of such title is amended— (1) in subsection (c), by adding at the end the following new paragraph: ‘‘(4)(A) Notwithstanding any other provi- sion of this section, cost-sharing require- ments may not be imposed and cost-sharing amounts may not be collected with respect to any beneficiary under this section for a service described in subparagraph (B) that is provided by a network provider.
‘‘(B) A service described in this subpara- graph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355, 360(k), 360c(f)(2), 360e), any contraceptive care (in- cluding with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling serv- ice provided in connection with any such contraceptive, care, or procedure.’’; and (2) in subsection (f), by striking ‘‘cal- culated as’’ and inserting ‘‘calculated (ex- cept as provided in subsection (c)(4)) as’’.
(c) TRICARE PRIME.—Section 1075a of such title is amended by adding at the end the fol- lowing new subsection: ‘‘(d) PROHIBITION ON COST-SHARING FOR CERTAIN SERVICES.—(1) Notwithstanding sub- sections (a), (b), and (c), cost-sharing re- quirements may not be imposed and cost- sharing amounts may not be collected with respect to any beneficiary enrolled in TRICARE Prime for a service described in paragraph is provided under TRICARE Prime.
(2) that ‘‘(2) A service described in this paragraph is any contraceptive method approved, cleared, or authorized under section 505, 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

355, 360(k), 360c(f)(2), 360e), any contraceptive care (in- cluding with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling serv- ice provided in connection with any such contraceptive, care, or procedure.’’.

SA 537.
Mrs. SHAHEEN (for herself and Mr. FETTERMAN) submitted an CONGRESSIONAL RECORD — SENATE July 13, 2023 S2670 amendment intended to be proposed by her to the bill S. 2226, to authorize ap- propriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title VI, insert the following: SEC.
6ll.

AUTHORIZATION OF ADMINISTRATIVE ABSENCES AND TRAVEL AND TRANS- PORTATION ALLOWANCES FOR RE- PRODUCTIVE HEALTH CARE.

(a) LEAVES OF ABSENCE.— (1) IN GENERAL.—Chapter 40 of title 10, United States Code, is amended by inserting after section 708 the following new section: ‘‘§ 708a.
Reproductive health administrative absence ‘‘(a) IN GENERAL.—Under such regulations as the Secretary of Defense may prescribe, the Secretary shall grant an administrative absence to a member of the armed forces who requests such an absence— ‘‘(1) to receive non-covered reproductive health care; or ‘‘(2) to accompany a spouse or other de- pendent who receives non-covered reproduc- tive health care.
‘‘(b) DURATION.—An administrative absence granted under subsection (a) pursuant to a request made under that subsection may ex- tend for a period of not more than 21 days for each such request.
‘‘(c) REQUIREMENTS FOR REGULATIONS.—The regulations prescribed under subsection (a) shall provide that— ‘‘(1) no additional requirement, including consultations with a chaplain, medical test- ing, or any other form of counseling, may be imposed on a member requesting an adminis- trative absence under subsection (a) by the Secretary or the commander or other ap- proval authority of the member; and ‘‘(2) the Secretary and the commander or other approval authority of a member shall prioritize the privacy of the member (and the spouse or other dependent of the member, if applicable), consistent with applicable stat- utes and regulations governing protected medical information.
‘‘(d) CONSTRUCTION WITH OTHER LEAVE.— Leave under this section may not be charged or credited to leave that accrued or that may accrue under section 701.

Any benefits pro- vided to a member under this section are in addition to any other leave or absence to which the member may be entitled under this chapter.
reproductive health ‘‘(e) NON-COVERED REPRODUCTIVE HEALTH CARE DEFINED.—In this section, the term ‘non-covered care’ means reproductive health care not author- ized to be performed at a medical treatment facility or other facility of the Department of Defense consistent with Federal law, in- cluding— ‘‘(1) an abortion; or ‘‘(2) assisted reproductive technology, in- cluding— ‘‘(A) ovarian stimulation and egg retrieval, including any needed medications and proce- dures required for retrieval, processing, and utilization of an egg for assisted reproduc- tive technology or cryopreservation; ‘‘(B) sperm collection and processing for or reproductive technology assisted cryopreservation; ‘‘(C) intrauterine insemination; and ‘‘(D) in vitro fertilization, including— ‘‘(i) in vitro fertilization with fresh embryo transfer; ‘‘(ii) gamete intrafallopian transfer; ‘‘(iii) zygote intrafollopian transfer; ‘‘(iv) pronuclear stage tubal transfer; ‘‘(v) tubal embryo transfer; and ‘‘(vi) frozen embryo transfer.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 708 the following new item: ‘‘708a.

Reproductive health administrative absence.’’.


(b) AUTHORIZATION OF TRAVEL AND TRANS- PORTATION ALLOWANCES.—Section 452(b) of title 37, United States Code, is amended by adding at the end the following new para- graph: ‘‘(24) Travel by a member or a dependent to receive non-covered reproductive health care (as defined in section 708a(e) of title 10), in- cluding an abortion and assisted reproduc- tive technology.’’.
(c) RULE OF CONSTRUCTION.—Nothing in this section or an amendment made by this section may be construed to restrict or de- prive a member of the Armed Forces from accessing or being granted convalescent leave consistent with section 701 of title 10, United States Code.

SA 538.
SA 538.

Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize ap- propriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title XII, add the following: SEC.

1240A.
1240A.

SPECIAL ENVOY FOR BELARUS.

(a) SPECIAL ENVOY.—The President shall appoint a Special Envoy for Belarus within the Department of State (referred to in this section as the ‘‘Special Envoy’’).

(b) QUALIFICATIONS.—The Special Envoy— (1) should be a person of recognized distinc- tion in the field of European security, geo- politics, democracy, and human rights; and (2) may be a career foreign service officer.
(c) CENTRAL OBJECTIVE.—The central objec- tive of the Special Envoy is to coordinate and promote efforts— (1) to improve respect for the fundamental human rights of the people of Belarus; (2) to sustain focus on the national secu- rity implications, for the United States, of Belarus’s political and military alignment; and (3) to respond to the political, economic, and security impacts of events in Belarus on neighboring countries and the wider region.
(d) DUTIES AND RESPONSIBILITIES.—The Special Envoy shall— (1) engage in discussions with Belarusian officials regarding human rights and polit- in ical, economic, and security Belarus; issues (2) support international efforts to pro- mote human rights and political freedoms in Belarus, including coordination and dialogue between the United States and the United Nations, the Organization for Security and Cooperation in Europe, the European Union, Belarus, and the other countries in Eastern Europe; (3) consult with nongovernmental organi- zations that have attempted to address human rights and political and economic in- stability in Belarus; (4) make recommendations regarding the funding of activities promoting human rights, democracy, the rule of law, and the development of a market economy in Belarus; (5) review strategies for improving protec- tion of human rights in Belarus, including technical training and exchange programs; (6) develop an action plan for holding to ac- count the perpetrators of the human rights violations documented in the United Nations High Commissioner for Human Rights report on the situation of human rights in Belarus in the run-up to the 2020 presidential elec- tion and its aftermath (Human Rights Coun- cil Resolution 49/36); (7) engage with member countries of the North Atlantic Treaty Organization, the Or- ganization for Security and Cooperation in Europe, and the European Union with re- spect to the implications of Belarus’s polit- ical and security alignment for transatlantic security; and (8) to work within the Department of State and among partnering countries to sustain focus on the political situation in Belarus.
(e) ROLE.—The position of Special Envoy— (1) shall be a full-time position; (2) may not be combined with any other position within the Department of State; (3) shall only exist for the period during which United States diplomatic operations in Belarus at the United States Embassy in Minsk have been suspended; and (4) shall oversee the operations and per- sonnel of the Belarus Affairs Unit of the De- partment of State.
(f) REPORT ON ACTIVITIES.—Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the fol- lowing 5 years, the Secretary of State, in consultation with the Special Envoy, shall submit to the appropriate congressional committees a report that describes the ac- tivities undertaken pursuant to subsection (d) during the reporting period.
(g) TERMINATION.—The position of Special Envoy for Belarus Affairs and the authori- ties provided by this section shall terminate on the date that is 5 years after the date of the enactment of this Act.

SA 539.
Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 2226, to authorize ap- propriations for fiscal year 2024 for military activities of the Department of Defense, for military construction, and for defense activities of the De- partment of Energy, to prescribe mili- tary personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title X, add the following: Subtitle H—Afghan Allies Protection Act of 2023 SEC.
1091.

SHORT TITLE.

This subtitle may be cited as the ‘‘Afghan Allies Protection Act of 2023’’.

SEC.

1092.

SENSE OF CONGRESS.

It is the sense of Congress that— (1) section 1248(h) of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 8 U.S.C.
1157 note) requires the Secretary of Home- land Security, the Secretary of State, and the Secretary of Defense to designate senior coordinating officials, with sufficient exper- tise, authority, and resources, to carry out duties relating to the issuance of special im- migrant visas under that Act and the Afghan Allies Protection Act of 2009 (Public Law 111–8; U.S.C.
1101 note); (2) the Secretary of Homeland Security, the Secretary of State, and the Secretary of Defense should take all necessary steps to designate such senior coordinating officials; (3) all criteria relating to the requirements for special immigrant visa applicants under the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 8 U.S.C.
1157 note) and the Af- ghan Allies Protection Act of 2009 (Public S