[Congressional Record Volume 169, Number 51 (Tuesday, March 21, 2023)]
[Senate]
[Pages S862-S874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2. Mr. PAUL submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. REPEAL OF 2001 AUTHORIZATION FOR USE OF MILITARY 
                   FORCE.

       The Authorization for Use of Military Force (Public Law 
     107-40; 115 Stat. 224; 50 U.S.C. 1541 note) is repealed 
     effective 180 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3. Mr. RUBIO submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. CONGRESSIONAL REVIEW WITH RESPECT TO FTO DESIGNATION 
                   OF ISLAMIC REPUBLIC REVOLUTIONARY GUARD.

       (a) In General.--Not later than 30 days before the 
     Secretary of State rescinds the designation of the Islamic 
     Republic Revolutionary Guard as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189), the Secretary shall submit 
     to Congress a notice of intent to rescind such designation.
       (b) Limitation on Exercise of Authority During 
     Congressional Review.--Notwithstanding any other provision of 
     law, during the 30-day period described in subsection (a), 
     the Secretary may not rescind the designation of the Islamic 
     Republic Revolutionary Guard as a foreign terrorist 
     organization unless a joint resolution of approval is 
     enacted.
       (c) Effect of Enactment of Joint Resolution of 
     Disapproval.--Notwithstanding any other provision of law, if 
     a joint resolution of disapproval relating to a notice of 
     intent submitted under subsection (a) is enacted during the 
     30-day period described in

[[Page S863]]

     subsection (a), the Secretary may not rescind the designation 
     of the Islamic Republic Revolutionary Guard as a foreign 
     terrorist organization.
       (d) Process for Joint Resolutions of Approval or 
     Disapproval.--
       (1) Definitions.--In this section:
       (A) Covered joint resolution.--The term ``covered joint 
     resolution'' means a joint resolution of approval or a joint 
     resolution of disapproval.
       (B) Joint resolution of approval.--The term ``joint 
     resolution of approval'' means only a joint resolution of 
     either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     approving the Secretary of State's rescindment of the 
     designation of the Islamic Republic Revolutionary Guard as a 
     foreign terrorist organization.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress approves the Secretary of 
     State's rescindment of the designation of the Islamic 
     Republic Revolutionary Guard as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189), submitted to Congress on 
     ___.'', with the blank space being filled with the 
     appropriate date.
       (C) Joint resolution of disapproval.--The term ``joint 
     resolution of disapproval'' means only a joint resolution of 
     either House of Congress--
       (i) which does not have a preamble;
       (ii) the title of which is as follows: ``A joint resolution 
     disapproving the Secretary of State's rescindment of the 
     designation of the Islamic Republic Revolutionary Guard as a 
     foreign terrorist organization.''; and
       (iii) the sole matter after the resolving clause of which 
     is as follows: ``That Congress disapproves Secretary of 
     State's rescindment of the designation of the Islamic 
     Republic Revolutionary Guard as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189), submitted to Congress on 
     ___.'', with the blank space being filled with the 
     appropriate date.
       (2) Introduction.--During the 30- calendar day period 
     described in subsection (a), a covered joint resolution may 
     be introduced--
       (A) in the Senate, by the majority leader (or the designee 
     of the majority leader) or the minority leader (or the 
     designee of the minority leader); and
       (B) in the House of Representatives, by the Speaker of the 
     House of Representatives or the minority leader.
       (3) Floor consideration in the house of representatives.--
     If a committee of the House of Representatives to which a 
     covered joint resolution has been referred has not reported 
     such joint resolution within 10 calendar days after the date 
     of referral, that committee shall be discharged from further 
     consideration of the covered joint resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--A covered joint resolution 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations.
       (B) Reporting and discharge.--If the committee to which a 
     covered joint resolution was referred has not reported the 
     joint resolution within 10 calendar days after the date of 
     referral of the joint resolution, that committee shall be 
     discharged from further consideration of the joint resolution 
     and the joint resolution shall be placed on the appropriate 
     calendar.
       (C) Motion to proceed.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order at any time 
     after the Committee on Foreign Relations reports the covered 
     joint resolution to the Senate or has been discharged from 
     its consideration (even though a previous motion to the same 
     effect has been disagreed to) to move to proceed to the 
     consideration of the covered joint resolution, and all points 
     of order against the covered joint resolution (and against 
     consideration of the covered joint resolution) are waived. 
     The motion to proceed is not debatable. The motion is not 
     subject to a motion to postpone. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order.
       (D) Rules of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to the joint resolution of approval or the joint 
     resolution of disapproval shall be decided without debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to the joint resolution of 
     approval or the joint resolution of disapproval, including 
     all debatable motions and appeals in connection with such 
     joint resolution, shall be limited to 10 hours, to be equally 
     divided between, and controlled by, the majority leader and 
     the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a covered joint resolution received from the Senate 
     (unless the House has already passed a joint resolution 
     relating to the same proposed action):
       (i) The covered joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a covered joint resolution has 
     been referred has not reported the covered joint resolution 
     within 2 calendar days after the date of referral, that 
     committee shall be discharged from further consideration of 
     the joint resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a covered joint resolution has been 
     referred reports the covered joint resolution to the House or 
     has been discharged from further consideration thereof, it 
     shall be in order to move to proceed to consider the covered 
     joint resolution in the House. All points of order against 
     the motion are waived. Such a motion shall not be in order 
     after the House has disposed of a motion to proceed on the 
     covered joint resolution. The previous question shall be 
     considered as ordered on the motion to its adoption without 
     intervening motion. The motion shall not be debatable. A 
     motion to reconsider the vote by which the motion is disposed 
     of shall not be in order.
       (iv) The covered joint resolution shall be considered as 
     read. All points of order against the covered joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the 
     covered joint resolution to final passage without intervening 
     motion except 2 hours of debate equally divided and 
     controlled by the sponsor of the covered joint resolution (or 
     a designee) and an opponent. A motion to reconsider the vote 
     on passage of the covered joint resolution shall not be in 
     order.
       (B) Treatment of house joint resolution in senate.--
       (i) If, before the passage by the Senate of a covered joint 
     resolution, the Senate receives an identical covered joint 
     resolution from the House of Representatives, the following 
     procedures shall apply:

       (I) That covered joint resolution shall not be referred to 
     a committee.
       (II) With respect to that covered joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) If, following passage of a covered joint resolution in 
     the Senate, the Senate receives an identical covered joint 
     resolution from the House of Representatives, that covered 
     joint resolution shall be placed on the appropriate Senate 
     calendar.
       (iii) If a covered joint resolution is received from the 
     House of Representatives, and no companion covered joint 
     resolution has been introduced in the Senate, the Senate 
     procedures under this subsection shall apply to the covered 
     joint resolution of the House of Representatives.
       (6) Rules of the house of representatives and senate.--This 
     section is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a covered joint 
     resolution under this section, and supersedes other rules 
     only to the extent that it is inconsistent with such rules; 
     and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                 ______
                                 
  SA 4. Mr. RUBIO submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       On page 2, line 10, insert ``30 days after the President 
     certifies to Congress that Iran has stopped providing 
     financial, technical, and material support to terrorist 
     organizations and other violent groups in Iraq and Syria'' 
     after ``hereby repealed''.

                                 ______
                                 
  SA 5. Mr. RUBIO submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       On page 2, line 10, insert ``30 days after the President 
     certifies to Congress that Iran has released all United 
     States citizens detained as of the date of the enactment of 
     this Act and has committed to refrain from wrongfully and 
     unjustly detaining United States citizens in the future 
     before a repeal comes into effect'' after ``hereby 
     repealed''.

                                 ______
                                 
  SA 6. Mr. RUBIO submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. REQUIREMENT FOR CERTIFICATION REGARDING RESPECT FOR 
                   HUMAN RIGHTS OF WOMEN BEFORE ENTERING 
                   AGREEMENTS WITH IRAN.

       The President shall certify to Congress that Iran is 
     respecting the internationally-recognized human rights of 
     women before entering into any new agreement with the 
     Government of Iran.

[[Page S864]]

  

                                 ______
                                 
  SA 7. Mr. RUBIO submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       On page 2, line 10, insert ``30 days after the Director of 
     National Intelligence submits to Congress an unclassified 
     certification that there are no longer any threats in or 
     emanating out of Iraq to United States persons and personnel 
     by Iranian-backed militias and proxies'' after ``hereby 
     repealed''.

                                 ______
                                 
  SA 8. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. REMEDIES FOR MEMBERS OF THE ARMED FORCES DISCHARGED 
                   OR SUBJECT TO ADVERSE ACTION UNDER THE COVID-19 
                   VACCINE MANDATE.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     of Defense may not issue any COVID-19 vaccine mandate as a 
     replacement for the mandate rescinded under section 525 of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 absent a further act of Congress expressly 
     authorizing a replacement mandate.
       (b) Remedies.--Section 736 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 
     U.S.C. 1161 note prec.) is amended--
       (1) in the section heading, by striking ``to obey lawful 
     order to receive'' and inserting ``to receive'';
       (2) in subsection (a)--
       (A) by striking ``a lawful order'' and inserting ``an 
     order''; and
       (B) by striking ``shall be'' and all that follows through 
     the period at the end and inserting ``shall be an honorable 
     discharge.'';
       (3) by redesignating subsection (b) as subsection (e); and
       (4) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Prohibition on Adverse Action.--The Secretary of 
     Defense may not take any adverse action against a covered 
     member based solely on the refusal of such member to receive 
     a vaccine for COVID-19.
       ``(c) Remedies Available for a Covered Member Discharged or 
     Subject to Adverse Action Based on COVID-19 Status.--At the 
     election of a covered member discharged or subject to adverse 
     action based on the member's COVID-19 vaccination status, and 
     upon application through a process established by the 
     Secretary of Defense, the Secretary shall--
       ``(1) adjust to `honorable discharge' the status of the 
     member if--
       ``(A) the member was separated from the Armed Forces based 
     solely on the failure of the member to obey an order to 
     receive a vaccine for COVID-19; and
       ``(B) the discharge status of the member would have been an 
     `honorable discharge' but for the refusal to obtain such 
     vaccine;
       ``(2) reinstate the member to service at the highest grade 
     held by the member immediately prior to the involuntary 
     separation, allowing, however, for any reduction in rank that 
     was not related to the member's COVID-19 vaccination status, 
     with an effective date of reinstatement as of the date of 
     involuntary separation;
       ``(3) for any member who was subject to any adverse action 
     other than involuntary separation based solely on the 
     member's COVID-19 vaccination status--
       ``(A) restore the member to the highest grade held prior to 
     such adverse action, allowing, however, for any reduction in 
     rank that was not related to the member's COVID-19 
     vaccination status, with an effective date of reinstatement 
     as of the date of involuntary separation; and
       ``(B) compensate such member for any pay and benefits lost 
     as a result of such adverse action;
       ``(4) expunge from the service record of the member any 
     adverse action, to include non-punitive adverse action and 
     involuntary separation, as well as any reference to any such 
     adverse action, based solely on COVID-19 vaccination status; 
     and
       ``(5) include the time of involuntary separation of the 
     member reinstated under paragraph (2) in the computation of 
     the retired or retainer pay of the member.
       ``(d) Retention and Development of Unvaccinated Members.--
     The Secretary of Defense shall--
       ``(1) make every effort to retain covered members who are 
     not vaccinated against COVID-19 and provide such members with 
     professional development, promotion and leadership 
     opportunities, and consideration equal to that of their 
     peers;
       ``(2) only consider the COVID-19 vaccination status of a 
     covered member in making deployment, assignment, and other 
     operational decisions where--
       ``(A) the law or regulations of a foreign country require 
     covered members to be vaccinated against COVID-19 in order to 
     enter that country; and
       ``(B) the covered member's presence in that foreign country 
     is necessary in order to perform their assigned role; and
       ``(3) for purposes of deployments, assignments, and 
     operations described in paragraph (2), create a process to 
     provide COVID-19 vaccination exemptions to covered members 
     with--
       ``(A) a natural immunity to COVID-19;
       ``(B) an underlying health condition that would make COVID-
     19 vaccination a greater risk to that individual than the 
     general population; or
       ``(C) sincerely held religious beliefs in conflict with 
     receiving the COVID-19 vaccination.
       ``(e) Applicability of Remedies Contained in This 
     Section.--The prohibitions and remedies described in this 
     section shall apply to covered members regardless of whether 
     or not they sought an accommodation to any Department of 
     Defense COVID-19 vaccination policy on any grounds.''.
                                 ______
                                 
  SA 9. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       On page 2, line 3, strike ``The Authorization'' and insert 
     the following:
       (a) Findings.--Congress makes the following findings:
       (1) Article II of the United States Constitution empowers 
     the President, as Commander-in-Chief, to direct the use of 
     military force to protect the Nation from an attack or threat 
     of imminent attack.
       (2) This authority empowers the President to use force 
     against forces of Iran, a state responsible for conducting 
     and directing attacks against United States forces in the 
     Middle East and to take actions for the purpose of ending 
     Iran's escalation of attacks on, and threats to, United 
     States interests.
       (3) 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 not independently required to 
     authorize the activities described in paragraphs (1) and (2).
       (b) Repeal.--The Authorization
                                 ______
                                 
  SA 10. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

       The Secretary of Energy, in consultation with the Secretary 
     of Defense, shall conduct an assessment of existing large 
     power transformers in the United States, identify Government 
     resources that could be leveraged to enhance the domestic 
     manufacturing of large power transformers, and identify any 
     authorities needed to provide such assistance.
                                 ______
                                 
  SA 11. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

     SEC. 3. ANY WORLD HEALTH AGENCY CONVENTION OR AGREEMENT OR 
                   OTHER INTERNATIONAL INSTRUMENT RESULTING FROM 
                   THE INTERNATIONAL NEGOTIATING BODY'S FINAL 
                   REPORT DEEMED TO BE A TREATY SUBJECT TO ADVICE 
                   AND CONSENT OF THE SENATE.

       (a) Short Title.--This section may be cited as the ``No WHO 
     Pandemic Preparedness Treaty Without Senate Approval Act''.
       (b) Findings.--Congress makes the following findings:
       (1) On December 1, 2021, at the second special session of 
     the World Health Assembly (referred to in this section as the 
     ``WHA'') decided--
       (A) to establish an intergovernmental negotiating body 
     (referred to in this section as the ``INB'') to draft and 
     negotiate a WHO convention (referred to in this section as 
     the ``Convention''), agreement, or other international 
     instrument on pandemic prevention, preparedness, and 
     response, with a view to adoption under article 19 or any 
     other provision of the WHO Constitution; and
       (B) that the INB shall submit a progress report to the 
     Seventy-sixth WHA and a working draft of the convention for 
     consideration by the Seventy-seventh WHA, which is scheduled 
     to take place beginning on March 18, 2024.
       (2) On February 24, March 14 and 15, and June 6 through 8 
     and 15 through 17, 2022, the INB held its inaugural meeting 
     at which the Director-General proposed the following 5 themes 
     to guide the INB's work in drafting the Convention:
       (A) Building national, regional, and global capacities 
     based on a whole-of-government and whole-of-society approach.
       (B) Establishing global access and benefit sharing for all 
     pathogens, and determining a global policy for the equitable 
     production and distribution of countermeasures.
       (C) Establishing robust systems and tools for pandemic 
     preparedness and response.
       (D) Establishing a long-term plan for sustainable financing 
     to ensure support for global health threat management and 
     response systems.
       (E) Empowering WHO to fulfill its mandate as the directing 
     and coordinating authority on international health work, 
     including for pandemic preparedness and response.
       (3) On July 18 through 22, 2022, the INB held its second 
     meeting at which it agreed that the Convention would be 
     adopted under

[[Page S865]]

     article 19 of the WHO Constitution and legally binding on the 
     parties.
       (4) On December 5 through 7, 2022, the INB held its third 
     meeting at which it accepted a conceptual zero draft of the 
     Convention and agreed to prepare a zero draft for 
     consideration at the INB's next meeting.
       (5) In early January 2023, an initial draft of the 
     Convention was sent to WHO member states in advance of its 
     formal introduction at the fourth meeting of the INB. The 
     draft includes broad and binding provisions, including rules 
     governing parties' access to pathogen genomic sequences and 
     how the products or benefits of such access are to be 
     distributed.
       (6) On February 27 through March 3, 2023, the INB held its 
     fourth meeting at which it--
       (A) formally agreed to the draft distributed in January as 
     the basis for commencing negotiations; and
       (B) established an April 14, 2023 deadline for member 
     states to propose any changes to the text.
       (7) Section 723.3 of title 11 of the Department of State's 
     Foreign Affairs Manual states that when ``determining whether 
     any international agreement should be brought into force as a 
     treaty or as an international agreement other than a treaty, 
     the utmost care is to be exercised to avoid any invasion or 
     compromise of the constitutional powers of the President, the 
     Senate, and the Congress as a whole'' and includes the 
     following criteria to be considered when determining whether 
     an international agreement should take the form of a treaty 
     or an executive agreement:
       (A) ``The extent to which the agreement involves 
     commitments or risks affecting the nation as a whole''.
       (B) ``Whether the agreement is intended to affect state 
     laws''.
       (C) ``Whether the agreement can be given effect without the 
     enactment of subsequent legislation by the Congress''.
       (D) ``Past U.S. practice as to similar agreements''.
       (E) ``The preference of the Congress as to a particular 
     type of agreement''.
       (F) ``The degree of formality desired for an agreement''.
       (G) ``The proposed duration of the agreement, the need for 
     prompt conclusion of an agreement, and the desirability of 
     concluding a routine or short-term agreement''.
       (H) ``The general international practice as to similar 
     agreements''.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) a significant segment of the American public is deeply 
     skeptical of the World Health Organization, its leadership, 
     and its independence from the pernicious political influence 
     of certain member states, including the People's Republic of 
     China;
       (2) the Senate strongly prefers that any agreement related 
     to pandemic prevention, preparedness, and response adopted by 
     the World Health Assembly pursuant to the work of the INB be 
     considered a treaty requiring the advice and consent of the 
     Senate, with two-thirds of Senators concurring;
       (3) the scope of the agreement which the INB has been 
     tasked with drafting, as outlined by the Director-General, is 
     so broad that any application of the factors referred to in 
     subsection (b)(11) will weigh strongly in favor of it being 
     considered a treaty; and
       (4) given the level of public distrust, any relevant new 
     agreement by the World Health Assembly which cannot garner 
     the two-thirds vote needed for Senate ratification should not 
     be agreed to or implemented by the United States.
       (d) Applicability of Senate Advice and Consent 
     Constitutional Requirement.--Notwithstanding any other 
     provision of law, any convention, agreement, or other 
     international instrument on pandemic prevention, 
     preparedness, and response reached by the World Health 
     Assembly pursuant to the recommendations, report, or work of 
     the International Negotiating Body established by the second 
     special session of the World Health Assembly is deemed to be 
     a treaty that is subject to the requirements of article II, 
     section 2, clause 2 of the Constitution of the United States, 
     which requires the advice and consent of the Senate, with 
     two-thirds of Senators concurring.
                                 ______
                                 
  SA 12. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

     SEC. 3. AGREEMENTS RELATED TO NUCLEAR PROGRAM OF IRAN DEEMED 
                   TREATIES SUBJECT TO ADVICE AND CONSENT OF THE 
                   SENATE.

       (a) Treaty Subject to Advice and Consent of the Senate.--
     Notwithstanding any other provision of law, any agreement 
     reached by the President with Iran relating to the nuclear 
     program of Iran is deemed to be a treaty that is subject to 
     the requirements of article II, section 2, clause 2 of the 
     Constitution of the United States requiring that the treaty 
     is subject to the advice and consent of the Senate, with two-
     thirds of Senators concurring.
       (b) Limitation on Sanctions Relief.--Notwithstanding any 
     other provision of law, the President may not waive, suspend, 
     reduce, provide relief from, or otherwise limit the 
     application of sanctions under any other provision of law or 
     refrain from applying any such sanctions pursuant to an 
     agreement related to the nuclear program of Iran that 
     includes the United States, commits the United States to take 
     action, or pursuant to which the United States commits or 
     otherwise agrees to take action, regardless of the form it 
     takes, whether a political commitment or otherwise, and 
     regardless of whether it is legally binding or not, including 
     any joint comprehensive plan of action entered into or made 
     between Iran and any other parties, and any additional 
     materials related thereto, including annexes, appendices, 
     codicils, side agreements, implementing materials, documents, 
     and guidance, technical or other understandings, and any 
     related agreements, whether entered into or implemented prior 
     to the agreement or to be entered into or implemented in the 
     future, unless the agreement is subject to the advice and 
     consent of the Senate as a treaty and receives the 
     concurrence of two-thirds of Senators.
                                 ______
                                 
  SA 13. Mr. SCOTT of Florida (for himself, Mr. Tillis, and Mr. 
Cassidy) submitted an amendment intended to be proposed by him to the 
bill S. 316, to repeal the authorizations for use of military force 
against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. JOINT SELECT COMMITTEE ON AFGHANISTAN.

       (a) Establishment.--There is established a joint select 
     committee of Congress to be known as the ``Joint Select 
     Committee on Afghanistan'' (in this section referred to as 
     the ``Joint Committee'').
       (b) Membership.--
       (1) In general.--The Joint Committee shall be composed of 
     12 members appointed pursuant to paragraph (2).
       (2) Appointment.--Members of the Joint Committee shall be 
     appointed as follows:
       (A) The majority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (B) The minority leader of the Senate shall appoint 3 
     members from among Members of the Senate.
       (C) The Speaker of the House of Representatives shall 
     appoint 3 members from among Members of the House of 
     Representatives.
       (D) The minority leader of the House of Representatives 
     shall appoint 3 members from among Members of the House of 
     Representatives.
       (3) Co-chairs.--
       (A) In general.--Two of the appointed members of the Joint 
     Committee shall serve as co-chairs. The Speaker of the House 
     of Representatives and the majority leader of the Senate 
     shall jointly appoint one co-chair, and the minority leader 
     of the House of Representatives and the minority leader of 
     the Senate shall jointly appoint the second co-chair. The co-
     chairs shall be appointed not later than 14 calendar days 
     after the date of the enactment of this Act.
       (B) Staff director.--The co-chairs, acting jointly, shall 
     hire the staff director of the Joint Committee.
       (4) Date.--Members of the Joint Committee shall be 
     appointed not later than 14 calendar days after the date of 
     the enactment of this Act.
       (5) Period of appointment.--Members shall be appointed for 
     the life of the Joint Committee. Any vacancy in the Joint 
     Committee shall not affect its powers, but shall be filled 
     not later than 14 calendar days after the date on which the 
     vacancy occurs, in the same manner as the original 
     designation was made. If a member of the Joint Committee 
     ceases to be a Member of the House of Representatives or the 
     Senate, as the case may be, the member is no longer a member 
     of the Joint Committee and a vacancy shall exist.
       (c) Investigation and Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Joint Committee shall conduct 
     an investigation and submit to Congress a report on the 
     United States 2021 withdrawal from Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) A summary of any intelligence reports that indicated an 
     imminent threat at the Hamid Karzai International Airport 
     preceding the deadly attack on August 26, 2021, and the risks 
     to United States and allied country civilians as well as 
     Afghan partners for various United States withdrawal 
     scenarios.
       (B) A summary of any intelligence reports that indicated 
     that withdrawing military personnel and closing United States 
     military installations in Afghanistan before evacuating 
     civilians would negatively affect the evacuation of United 
     States citizens, green card holders, and Afghan partners and 
     thus put them at risk.
       (C) A full review of planning by the National Security 
     Council, the Department of State, and the Department of 
     Defense for a noncombatant evacuation from Afghanistan, 
     including details of all scenarios used by the Department of 
     State or the Department of Defense to plan and prepare for 
     noncombatant evacuation operations.
       (D) An analysis of the relationship between the retrograde 
     and noncombatant evacuation operation plans and operations.
       (E) A description of any actions that were taken by the 
     United States Government to protect the safety of United 
     States forces and neutralize threats in any withdrawal 
     scenarios.

[[Page S866]]

       (F) A full review of all withdrawal scenarios compiled by 
     the intelligence community and the Department of Defense with 
     timelines for the decisions taken, including all advice 
     provided by military leaders to President Joseph R. Biden and 
     his national security team beginning in January 2021.
       (G) An analysis of why the withdrawal timeline expedited 
     from the September 11, 2021, date set by President Biden 
     earlier this year.
       (H) An analysis of United States and allied intelligence 
     shared with the Taliban.
       (I) An analysis of any actions taken by the United States 
     Government to proactively prepare for a successful 
     withdrawal.
       (J) A summary of intelligence that informed statements and 
     assurances made to the American people that the Taliban would 
     not take over Afghanistan with the speed that it did in 
     August 2021.
       (K) A full and unredacted transcript of the phone call 
     between President Joe Biden and President Ashraf Ghani of 
     Afghanistan on July 23, 2021.
       (L) A summary of any documents, reports, or intelligence 
     that indicates whether any members of the intelligence 
     community, the United States Armed Forces, or NATO partners 
     supporting the mission warned that the Taliban would swiftly 
     reclaim Afghanistan.
       (M) A description of the extent to which any members of the 
     intelligence community, the United States Armed Forces, or 
     NATO partners supporting the mission advised steps to be 
     taken by the White House that were ultimately rejected.
       (N) An assessment of the decision not to order a 
     noncombatant evacuation operation until August 14, 2021.
       (O) An assessment of whose advice the President heeded in 
     maintaining the timeline and the status of forces on the 
     ground before Thursday, August 12, 2021.
       (P) A description of the initial views and advice of the 
     United States Armed Forces and the intelligence community 
     given to the National Security Council and the White House 
     before the decisions were taken regarding closure of United 
     States military installations, withdrawal of United States 
     assets, and withdrawal of United States military personnel.
       (Q) An assessment of United States assets, as well as any 
     assets left behind by allies, that could now be used by the 
     Taliban, ISIS-K, and other terrorist organizations operating 
     within the region.
       (R) An assessment of United States assets slated to be 
     delivered to Afghanistan, if any, the delivery of which was 
     paused because of the President's decision to withdraw, and 
     the status of and plans for those assets now.
       (S) An assessment of vetting procedures for Afghan 
     civilians to be evacuated with a timeline for the decision 
     making and ultimate decisions taken to ensure that no 
     terrorist suspects, persons with ties to terrorists, or 
     dangerous individuals would be admitted into third countries 
     or the United States.
       (T) An assessment of the discussions between the United 
     States Government and allies supporting our efforts in 
     Afghanistan and a timeline for decision making regarding the 
     withdrawal of United States forces, including discussion and 
     decisions about how to work together to repatriate all 
     foreign nationals desiring to return to their home countries.
       (U) A review of the policy decisions with timeline 
     regarding all Afghan nationals and other refugees evacuated 
     from Afghanistan by the United States Government and brought 
     to third countries and the United States, including a report 
     on what role the United States Armed Forces performed in 
     vetting each individual and what coordination the Departments 
     of State and Defense engaged in to safeguard members of the 
     Armed Forces from infectious diseases and terrorist threats.
       (3) Form.--The report required under paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       (d) Meetings.--
       (1) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Joint Committee have been 
     appointed, the Joint Committee shall hold its first meeting.
       (2) Frequency.--The Joint Committee shall meet at the call 
     of the co-chairs.
       (3) Quorum.--A majority of the members of the Joint 
     Committee shall constitute a quorum, but a lesser number of 
     members may hold hearings.
       (4) Voting.--No proxy voting shall be allowed on behalf of 
     the members of the Joint Committee.
       (e) Administration.--
       (1) In general.--To enable the Joint Committee to exercise 
     its powers, functions, and duties, there are authorized to be 
     disbursed by the Senate the actual and necessary expenses of 
     the Joint Committee approved by the co-chairs, subject to the 
     rules and regulations of the Senate.
       (2) Expenses.--In carrying out its functions, the Joint 
     Committee is authorized to incur expenses in the same manner 
     and under the same conditions as the Joint Economic Committee 
     is authorized by section 11 of Public Law 79-304 (15 U.S.C. 
     1024 (d)).
       (3) Hearings.--
       (A) In general.--The Joint Committee may, for the purpose 
     of carrying out this section, hold such hearings, sit and act 
     at such times and places, require attendance of witnesses and 
     production of books, papers, and documents, take such 
     testimony, receive such evidence, and administer such oaths 
     as the Joint Committee considers advisable.
       (B) Hearing procedures and responsibilities of co-chairs.--
       (i) Announcement.--The co-chairs of the Joint Committee 
     shall make a public announcement of the date, place, time, 
     and subject matter of any hearing to be conducted, not less 
     than 7 days in advance of such hearing, unless the co-chairs 
     determine that there is good cause to begin such hearing at 
     an earlier date.
       (ii) Written statement.--A witness appearing before the 
     Joint Committee shall file a written statement of proposed 
     testimony at least 2 calendar days before the appearance of 
     the witness, unless the requirement is waived by the co-
     chairs, following their determination that there is good 
     cause for failure to comply with such requirement.
       (4) Cooperation from federal agencies.--
       (A) Technical assistance.--Upon written request of the co-
     chairs, a Federal agency shall provide technical assistance 
     to the Joint Committee in order for the Joint Committee to 
     carry out its duties.
       (B) Provision of information.--The Secretary of State, the 
     Secretary of Defense, the Director of National Intelligence, 
     the heads of the elements of the intelligence community, the 
     Secretary of Homeland Security, and the National Security 
     Council shall expeditiously respond to requests for 
     information related to compiling the report under subsection 
     (c).
       (f) Staff of Joint Committee.--
       (1) In general.--The co-chairs of the Joint Committee may 
     jointly appoint and fix the compensation of staff as they 
     deem necessary, within the guidelines for employees of the 
     Senate and following all applicable rules and employment 
     requirements of the Senate.
       (2) Ethical standards.--Members on the Joint Committee who 
     serve in the House of Representatives shall be governed by 
     the ethics rules and requirements of the House. Members of 
     the Senate who serve on the Joint Committee and staff of the 
     Joint Committee shall comply with the ethics rules of the 
     Senate.
       (g) Termination.--The Joint Committee shall terminate on 
     the date that is one year after the date of the enactment of 
     this Act.
       (h) Funding.--Funding for the Joint Committee shall be 
     derived in equal portions from--
       (1) the applicable accounts of the House of 
     Representatives; and
       (2) the contingent fund of the Senate from the 
     appropriations account ``Miscellaneous Items'', subject to 
     the rules and regulations of the Senate.
                                 ______
                                 
  SA 14. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       Strike section 2 and insert the following:

     SEC. 2. REDUCED AUTHORITY UNDER THE AUTHORIZATION FOR USE OF 
                   MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002.

       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 amended--
       (1) by striking the preamble;
       (2) in section 1, by striking ``Against Iraq Resolution of 
     2002'' and inserting ``Against Iranian backed Militias 
     Operating in Iraq'';
       (3) by striking section 2;
       (4) by redesignating sections 3 and 4 as sections 2 and 3, 
     respectively;
       (5) in section 2, as redesignated by paragraph (4)--
       (A) in subsection (a), by striking ``necessary and 
     appropriate in order to'' and all that follows through the 
     period at the end and inserting ``necessary and appropriate 
     to defend the national security of the United States against 
     Iranian-backed militias operating in Iraq.''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``alone either'' and all 
     that follows through ``regarding Iraq'' and inserting ``alone 
     will not adequately protect the national security of the 
     United States against the continuing threat posed by Iranian 
     backed militias operating in Iraq''; and
       (ii) in paragraph (2), by striking ``, including'' and all 
     that follows through ``September 11, 2001''; and
       (6) in section 3, as so redesignated--
       (A) in subsection (a)--
       (i) by striking ``section 3'' and inserting ``section 2''; 
     and
       (ii) by striking ``, including'' and all that follows 
     through ``(Public Law 105-338)''; and
       (B) by striking subsection (c).
                                 ______
                                 
  SA 15. Mr. SCHUMER proposed an amendment to the bill S. 316, to 
repeal the authorizations for use of military force against Iraq; as 
follows:

         At the end add the following:

     SEC. EFFECTIVE DATE.

       This Act shall take effect on the date that is 1 day after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 16. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:


[[Page S867]]


  

       At the appropriate place, insert the following:

    TITLE _____--REGULATIONS FROM THE EXECUTIVE IN NEED OF SCRUTINY

     SEC. ___01. SHORT TITLE.

       This title may be cited as the ``Regulations from the 
     Executive in Need of Scrutiny Act of 2023''.

     SEC. ___02. PURPOSE.

       The purpose of this title is to increase accountability for 
     and transparency in the Federal regulatory process. Section 1 
     of article I of the United States Constitution grants all 
     legislative powers to Congress. Over time, Congress has 
     excessively delegated its constitutional charge while failing 
     to conduct appropriate oversight and retain accountability 
     for the content of the laws it passes. By requiring a vote in 
     Congress, the REINS Act will result in more carefully drafted 
     and detailed legislation, an improved regulatory process, and 
     a legislative branch that is truly accountable to the 
     American people for the laws imposed upon them.

     SEC. ___03. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING.

       Chapter 8 of title 5, United States Code, is amended to 
     read as follows:

         ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

``Sec.
``801. Congressional review.
``802. Congressional approval procedure for major rules.
``803. Congressional disapproval procedure for nonmajor rules.
``804. Definitions.
``805. Judicial review.
``806. Exemption for monetary policy.
``807. Effective date of certain rules.

     ``Sec. 801. Congressional review

       ``(a)(1)(A) Before a rule may take effect, the Federal 
     agency promulgating such rule shall publish in the Federal 
     Register a list of information on which the rule is based, 
     including data, scientific and economic studies, and cost-
     benefit analyses, and identify how the public can access such 
     information online, and shall submit to each House of the 
     Congress and to the Comptroller General a report containing--
       ``(i) a copy of the rule;
       ``(ii) a concise general statement relating to the rule;
       ``(iii) a classification of the rule as a major or nonmajor 
     rule, including an explanation of the classification 
     specifically addressing each criteria for a major rule 
     contained within subparagraphs (A) through (C) of section 
     804(2);
       ``(iv) a list of any other related regulatory actions 
     intended to implement the same statutory provision or 
     regulatory objective as well as the individual and aggregate 
     economic effects of those actions; and
       ``(v) the proposed effective date of the rule.
       ``(B) On the date of the submission of the report under 
     subparagraph (A), the Federal agency promulgating the rule 
     shall submit to the Comptroller General and make available to 
     each House of Congress--
       ``(i) a complete copy of the cost-benefit analysis of the 
     rule, if any, including an analysis of any jobs added or 
     lost, differentiating between public and private sector jobs;
       ``(ii) the agency's actions pursuant to sections 603, 604, 
     605, 607, and 609 of this title;
       ``(iii) the agency's actions pursuant to sections 202, 203, 
     204, and 205 of the Unfunded Mandates Reform Act of 1995; and
       ``(iv) any other relevant information or requirements under 
     any other Act and any relevant Executive orders.
       ``(C) Upon receipt of a report submitted under subparagraph 
     (A), each House shall provide copies of the report to the 
     chairman and ranking member of each standing committee with 
     jurisdiction under the rules of the House of Representatives 
     or the Senate to report a bill to amend the provision of law 
     under which the rule is issued.
       ``(2)(A) The Comptroller General shall provide a report on 
     each major rule to the committees of jurisdiction by the end 
     of 15 calendar days after the submission or publication date. 
     The report of the Comptroller General shall include an 
     assessment of the agency's compliance with procedural steps 
     required by paragraph (1)(B) and an assessment of whether the 
     major rule imposes any new limits or mandates on private-
     sector activity.
       ``(B) Federal agencies shall cooperate with the Comptroller 
     General by providing information relevant to the Comptroller 
     General's report under subparagraph (A).
       ``(3) A major rule relating to a report submitted under 
     paragraph (1) shall take effect upon enactment of a joint 
     resolution of approval described in section 802 or as 
     provided for in the rule following enactment of a joint 
     resolution of approval described in section 802, whichever is 
     later.
       ``(4) A nonmajor rule shall take effect as provided by 
     section 803 after submission to Congress under paragraph (1).
       ``(5) If a joint resolution of approval relating to a major 
     rule is not enacted within the period provided in subsection 
     (b)(2), then a joint resolution of approval relating to the 
     same rule may not be considered under this chapter in the 
     same Congress by either the House of Representatives or the 
     Senate.
       ``(b)(1) A major rule shall not take effect unless the 
     Congress enacts a joint resolution of approval described 
     under section 802.
       ``(2) If a joint resolution described in subsection (a) is 
     not enacted into law by the end of 70 session days or 
     legislative days, as applicable, beginning on the date on 
     which the report referred to in subsection (a)(1)(A) is 
     received by Congress (excluding days either House of Congress 
     is adjourned for more than 3 days during a session of 
     Congress), then the rule described in that resolution shall 
     be deemed not to be approved and such rule shall not take 
     effect.
       ``(c)(1) Notwithstanding any other provision of this 
     section (except subject to paragraph (3)), a major rule may 
     take effect for one 90-calendar-day period if the President 
     makes a determination under paragraph (2) and submits written 
     notice of such determination to the Congress.
       ``(2) Paragraph (1) applies to a determination made by the 
     President by Executive order that the major rule should take 
     effect because such rule is--
       ``(A) necessary because of an imminent threat to health or 
     safety or other emergency;
       ``(B) necessary for the enforcement of criminal laws;
       ``(C) necessary for national security; or
       ``(D) issued pursuant to any statute implementing an 
     international trade agreement.
       ``(3) An exercise by the President of the authority under 
     this subsection shall have no effect on the procedures under 
     section 802.
       ``(d)(1) In addition to the opportunity for review 
     otherwise provided under this chapter, in the case of any 
     rule for which a report was submitted in accordance with 
     subsection (a)(1)(A) during the period beginning on the date 
     occurring--
       ``(A) in the case of the Senate, 60 session days; or
       ``(B) in the case of the House of Representatives, 60 
     legislative days,
     before the date the Congress is scheduled to adjourn a 
     session of Congress through the date on which the same or 
     succeeding Congress first convenes its next session, sections 
     802 and 803 shall apply to such rule in the succeeding 
     session of Congress.
       ``(2)(A) In applying sections 802 and 803 for purposes of 
     such additional review, a rule described under paragraph (1) 
     shall be treated as though--
       ``(i) such rule were published in the Federal Register on--
       ``(I) in the case of the Senate, the 15th session day; or
       ``(II) in the case of the House of Representatives, the 
     15th legislative day,
     after the succeeding session of Congress first convenes; and
       ``(ii) a report on such rule were submitted to Congress 
     under subsection (a)(1) on such date.
       ``(B) Nothing in this paragraph shall be construed to 
     affect the requirement under subsection (a)(1) that a report 
     shall be submitted to Congress before a rule can take effect.
       ``(3) A rule described under paragraph (1) shall take 
     effect as otherwise provided by law (including other 
     subsections of this section).

     ``Sec. 802. Congressional approval procedure for major rules

       ``(a)(1) For purposes of this section, the term `joint 
     resolution' means only a joint resolution addressing a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii) that--
       ``(A) bears no preamble;
       ``(B) bears the following title (with blanks filled as 
     appropriate): `Approving the rule submitted by ___ relating 
     to ___.';
       ``(C) includes after its resolving clause only the 
     following (with blanks filled as appropriate): `That Congress 
     approves the rule submitted by ___ relating to ___.'; and
       ``(D) is introduced pursuant to paragraph (2).
       ``(2) After a House of Congress receives a report 
     classifying a rule as major pursuant to section 
     801(a)(1)(A)(iii), the majority leader of that House (or his 
     or her respective designee) shall introduce (by request, if 
     appropriate) a joint resolution described in paragraph (1)--
       ``(A) in the case of the House of Representatives, within 3 
     legislative days; and
       ``(B) in the case of the Senate, within 3 session days.
       ``(3) A joint resolution described in paragraph (1) shall 
     not be subject to amendment at any stage of proceeding.
       ``(b) A joint resolution described in subsection (a) shall 
     be referred in each House of Congress to the committees 
     having jurisdiction over the provision of law under which the 
     rule is issued.
       ``(c) In the Senate, if the committee or committees to 
     which a joint resolution described in subsection (a) has been 
     referred have not reported it at the end of 15 session days 
     after its introduction, such committee or committees shall be 
     automatically discharged from further consideration of the 
     resolution and it shall be placed on the calendar. A vote on 
     final passage of the resolution shall be taken on or before 
     the close of the 15th session day after the resolution is 
     reported by the committee or committees to which it was 
     referred, or after such committee or committees have been 
     discharged from further consideration of the resolution.
       ``(d)(1) In the Senate, when the committee or committees to 
     which a joint resolution is referred have reported, or when a 
     committee or committees are discharged (under subsection (c)) 
     from further consideration of a joint resolution described in 
     subsection (a), it is at any time thereafter in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for a motion to proceed to the consideration of 
     the joint resolution, and all points of order against the 
     joint

[[Page S868]]

     resolution (and against consideration of the joint 
     resolution) are waived. The motion is not subject to 
     amendment, or to a motion to postpone, or to a motion to 
     proceed to the consideration of other business. A motion to 
     reconsider the vote by which the motion is agreed to or 
     disagreed to shall not be in order. If a motion to proceed to 
     the consideration of the joint resolution is agreed to, the 
     joint resolution shall remain the unfinished business of the 
     Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 2 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the House of Representatives, if any committee to 
     which a joint resolution described in subsection (a) has been 
     referred has not reported it to the House at the end of 15 
     legislative days after its introduction, such committee shall 
     be discharged from further consideration of the joint 
     resolution, and it shall be placed on the appropriate 
     calendar. On the second and fourth Thursdays of each month it 
     shall be in order at any time for the Speaker to recognize a 
     Member who favors passage of a joint resolution that has 
     appeared on the calendar for at least 5 legislative days to 
     call up that joint resolution for immediate consideration in 
     the House without intervention of any point of order. When so 
     called up a joint resolution shall be considered as read and 
     shall be debatable for 1 hour equally divided and controlled 
     by the proponent and an opponent, and the previous question 
     shall be considered as ordered to its passage without 
     intervening motion. It shall not be in order to reconsider 
     the vote on passage. If a vote on final passage of the joint 
     resolution has not been taken by the third Thursday on which 
     the Speaker may recognize a Member under this subsection, 
     such vote shall be taken on that day.
       ``(f)(1) If, before passing a joint resolution described in 
     subsection (a), one House receives from the other a joint 
     resolution having the same text, then--
       ``(A) the joint resolution of the other House shall not be 
     referred to a committee; and
       ``(B) the procedure in the receiving House shall be the 
     same as if no joint resolution had been received from the 
     other House until the vote on passage, when the joint 
     resolution received from the other House shall supplant the 
     joint resolution of the receiving House.
       ``(2) This subsection shall not apply to the House of 
     Representatives if the joint resolution received from the 
     Senate is a revenue measure.
       ``(g) If either House has not taken a vote on final passage 
     of the joint resolution by the last day of the period 
     described in section 801(b)(2), then such vote shall be taken 
     on that day.
       ``(h) This section and section 803 are enacted by 
     Congress--
       ``(1) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such are 
     deemed to be part of the rules of each House, respectively, 
     but applicable only with respect to the procedure to be 
     followed in that House in the case of a joint resolution 
     described in subsection (a) and superseding other rules only 
     where explicitly so; and
       ``(2) with full recognition of the constitutional right of 
     either House to change the rules (so far as they relate to 
     the procedure of that House) at any time, in the same manner 
     and to the same extent as in the case of any other rule of 
     that House.

     ``Sec. 803. Congressional disapproval procedure for nonmajor 
       rules

       ``(a) For purposes of this section, the term `joint 
     resolution' means only a joint resolution introduced in the 
     period beginning on the date on which the report referred to 
     in section 801(a)(1)(A) is received by Congress and ending 60 
     days thereafter (excluding days either House of Congress is 
     adjourned for more than 3 days during a session of Congress), 
     the matter after the resolving clause of which is as follows: 
     `That Congress disapproves the nonmajor rule submitted by the 
     ___ relating to ___, and such rule shall have no force or 
     effect.' (The blank spaces being appropriately filled in).
       ``(b) A joint resolution described in subsection (a) shall 
     be referred to the committees in each House of Congress with 
     jurisdiction.
       ``(c) In the Senate, if the committee to which is referred 
     a joint resolution described in subsection (a) has not 
     reported such joint resolution (or an identical joint 
     resolution) at the end of 15 session days after the date of 
     introduction of the joint resolution, such committee may be 
     discharged from further consideration of such joint 
     resolution upon a petition supported in writing by 30 Members 
     of the Senate, and such joint resolution shall be placed on 
     the calendar.
       ``(d)(1) In the Senate, when the committee to which a joint 
     resolution is referred has reported, or when a committee is 
     discharged (under subsection (c)) from further consideration 
     of a joint resolution described in subsection (a), it is at 
     any time thereafter in order (even though a previous motion 
     to the same effect has been disagreed to) for a motion to 
     proceed to the consideration of the joint resolution, and all 
     points of order against the joint resolution (and against 
     consideration of the joint resolution) are waived. The motion 
     is not subject to amendment, or to a motion to postpone, or 
     to a motion to proceed to the consideration of other 
     business. A motion to reconsider the vote by which the motion 
     is agreed to or disagreed to shall not be in order. If a 
     motion to proceed to the consideration of the joint 
     resolution is agreed to, the joint resolution shall remain 
     the unfinished business of the Senate until disposed of.
       ``(2) In the Senate, debate on the joint resolution, and on 
     all debatable motions and appeals in connection therewith, 
     shall be limited to not more than 10 hours, which shall be 
     divided equally between those favoring and those opposing the 
     joint resolution. A motion to further limit debate is in 
     order and not debatable. An amendment to, or a motion to 
     postpone, or a motion to proceed to the consideration of 
     other business, or a motion to recommit the joint resolution 
     is not in order.
       ``(3) In the Senate, immediately following the conclusion 
     of the debate on a joint resolution described in subsection 
     (a), and a single quorum call at the conclusion of the debate 
     if requested in accordance with the rules of the Senate, the 
     vote on final passage of the joint resolution shall occur.
       ``(4) Appeals from the decisions of the Chair relating to 
     the application of the rules of the Senate to the procedure 
     relating to a joint resolution described in subsection (a) 
     shall be decided without debate.
       ``(e) In the Senate, the procedure specified in subsection 
     (c) or (d) shall not apply to the consideration of a joint 
     resolution respecting a nonmajor rule--
       ``(1) after the expiration of the 60 session days beginning 
     with the applicable submission or publication date; or
       ``(2) if the report under section 801(a)(1)(A) was 
     submitted during the period referred to in section 801(d)(1), 
     after the expiration of the 60 session days beginning on the 
     15th session day after the succeeding session of Congress 
     first convenes.
       ``(f) If, before the passage by one House of a joint 
     resolution of that House described in subsection (a), that 
     House receives from the other House a joint resolution 
     described in subsection (a), then the following procedures 
     shall apply:
       ``(1) The joint resolution of the other House shall not be 
     referred to a committee.
       ``(2) With respect to a joint resolution described in 
     subsection (a) of the House receiving the joint resolution--
       ``(A) the procedure in that House shall be the same as if 
     no joint resolution had been received from the other House; 
     but
       ``(B) the vote on final passage shall be on the joint 
     resolution of the other House.

     ``Sec. 804. Definitions

       ``For purposes of this chapter:
       ``(1) The term `Federal agency' means--
       ``(A) the Board of Governors of the Federal Reserve System;
       ``(B) the Securities and Exchange Commission;
       ``(C) the Commodity Futures Trading Commission;
       ``(D) the Office of the Comptroller of the Currency;
       ``(E) the Federal Deposit Insurance Corporation;
       ``(F) the Federal Housing Finance Agency;
       ``(G) the Federal Housing Administration;
       ``(H) the Financial Crimes Enforcement Network; and
       ``(I) the Bureau of Consumer Financial Protection.
       ``(2) The term `major rule' means any rule, including an 
     interim final rule, that the Administrator of the Office of 
     Information and Regulatory Affairs of the Office of 
     Management and Budget finds has resulted in or is likely to 
     result in--
       ``(A) an annual effect on the economy of $100 million or 
     more;
       ``(B) a major increase in costs or prices for consumers, 
     individual industries, Federal, State, or local government 
     agencies, or geographic regions; or
       ``(C) significant adverse effects on competition, 
     employment, investment, productivity, innovation, or the 
     ability of United States-based enterprises to compete with 
     foreign-based enterprises in domestic and export markets.
       ``(3) The term `nonmajor rule' means any rule that is not a 
     major rule.
       ``(4) The term `rule' has the meaning given such term in 
     section 551, except that such term does not include--
       ``(A) any rule of particular applicability, including a 
     rule that approves or prescribes for the future rates, wages, 
     prices, services, or allowances therefore, corporate or 
     financial structures, reorganizations, mergers, or 
     acquisitions thereof, or accounting practices or disclosures 
     bearing on any of the foregoing;
       ``(B) any rule relating to agency management or personnel; 
     or

[[Page S869]]

       ``(C) any rule of agency organization, procedure, or 
     practice that does not substantially affect the rights or 
     obligations of non-agency parties.
       ``(5) The term `submission or publication date', except as 
     otherwise provided in this chapter, means--
       ``(A) in the case of a major rule, the date on which the 
     Congress receives the report submitted under section 
     801(a)(1); and
       ``(B) in the case of a nonmajor rule, the later of--
       ``(i) the date on which the Congress receives the report 
     submitted under section 801(a)(1); and
       ``(ii) the date on which the nonmajor rule is published in 
     the Federal Register, if so published.

     ``Sec. 805. Judicial review

       ``(a) No determination, finding, action, or omission under 
     this chapter shall be subject to judicial review.
       ``(b) Notwithstanding subsection (a), a court may determine 
     whether a Federal agency has completed the necessary 
     requirements under this chapter for a rule to take effect.
       ``(c) The enactment of a joint resolution of approval under 
     section 802 shall not be interpreted to serve as a grant or 
     modification of statutory authority by Congress for the 
     promulgation of a rule, shall not extinguish or affect any 
     claim, whether substantive or procedural, against any alleged 
     defect in a rule, and shall not form part of the record 
     before the court in any judicial proceeding concerning a rule 
     except for purposes of determining whether or not the rule is 
     in effect.

     ``Sec. 806. Exemption for monetary policy

       ``Nothing in this chapter shall apply to rules that concern 
     monetary policy proposed or implemented by the Board of 
     Governors of the Federal Reserve System or the Federal Open 
     Market Committee.

     ``Sec. 807. Effective date of certain rules

       ``Notwithstanding section 801--
       ``(1) any rule that establishes, modifies, opens, closes, 
     or conducts a regulatory program for a commercial, 
     recreational, or subsistence activity related to hunting, 
     fishing, or camping; or
       ``(2) any rule other than a major rule which an agency for 
     good cause finds (and incorporates the finding and a brief 
     statement of reasons therefore in the rule issued) that 
     notice and public procedure thereon are impracticable, 
     unnecessary, or contrary to the public interest,

     shall take effect at such time as the Federal agency 
     promulgating the rule determines.''.

     SEC. ___04. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 
                   OF TITLE 5, UNITED STATES CODE.

       Section 257(b)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended 
     by adding at the end the following new subparagraph:
       ``(E) Budgetary effects of rules subject to section 802 of 
     title 5, united states code.--Any rule subject to the 
     congressional approval procedure set forth in section 802 of 
     chapter 8 of title 5, United States Code, affecting budget 
     authority, outlays, or receipts shall be assumed to be 
     effective unless it is not approved in accordance with such 
     section.''.

     SEC. ___05. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study to determine, as of the date of 
     the enactment of this Act--
       (1) how many rules (as such term is defined in section 804 
     of title 5, United States Code) were in effect;
       (2) how many major rules (as such term is defined in 
     section 804 of title 5, United States Code) were in effect; 
     and
       (3) the total estimated economic cost imposed by all such 
     rules.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress that contains the 
     findings of the study conducted under subsection (a).
                                 ______
                                 
  SA 17. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. EXPIRATION OF SPECIAL PRESIDENTIAL DRAWDOWN 
                   AUTHORITY.

       Section 506(a)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2318(a)(1)) is amended, in the undesignated matter 
     following subparagraph (B), by inserting ``, provided that 
     the authority for any drawdown authorized under this 
     paragraph shall expire on the last day of the fiscal year of 
     such authorization, after which date no defense articles or 
     equipment may be delivered to a foreign country or 
     international organization without another authorization'' 
     before the period at the end.
                                 ______
                                 
  SA 18. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. TERMINATION OF DESIGNATION OF RUSSIAN INVASION OF 
                   UKRAINE AS AN UNFORESEEN EMERGENCY UNDER 
                   SECTION 506 OF THE FOREIGN ASSISTANCE ACT OF 
                   1961.

       Beginning on the date of the enactment of this Act, the 
     President may no longer designate the Russian invasion of 
     Ukraine, which began in February 2022, as an unforeseen 
     emergency for purposes of section 506(a)(1) of the Foreign 
     Assistance Act.
                                 ______
                                 
  SA 19. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. RESTORATION OF STANDARD SPECIAL PRESIDENTIAL DRAWDOWN 
                   AUTHORITY CAP.

       Section 1701 of the Additional Ukraine Supplemental 
     Appropriations Act, 2023 (division M of Public Law 117-328) 
     is repealed.
                                 ______
                                 
  SA 20. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. ALLIED BURDEN SHARING REPORT.

       (a) Finding; Sense of Congress.--
       (1) Finding.--Congress finds that section 1003 of the 
     Department of Defense Authorization Act, 1985 (Public Law 98-
     525; 63 Stat. 2241)--
       (A) expresses the sense of Congress that, due to threats 
     that are ever-changing, Congress must be informed with 
     respect to allied contributions to the common defense to 
     properly assess the readiness of the United States and the 
     countries described in subsection (b)(2) for threats; and
       (B) requires the Secretary to submit to Congress an annual 
     report on the contributions of allies to the common defense.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) the threats facing the United States--
       (i) extend beyond the global war on terror; and
       (ii) include near-peer threats; and
       (B) the President should seek from each country described 
     in subsection (b)(2) acceptance of international security 
     responsibilities and agreements to make contributions to the 
     common defense in accordance with the collective defense 
     agreements or treaties to which such country is a party.
       (b) Reports on Allied Contributions to the Common 
     Defense.--
       (1) In general.--Not later than March 1 each year, the 
     Secretary, in coordination with the heads of other Federal 
     agencies, as the Secretary determines to be necessary, shall 
     submit to the appropriate committees of Congress a report 
     containing a description of--
       (A) the annual defense spending by each country described 
     in paragraph (2), including available data on nominal budget 
     figures and defense spending as a percentage of the gross 
     domestic products of each such country for the fiscal year 
     immediately preceding the fiscal year in which the report is 
     submitted;
       (B) the activities of each such country to contribute to 
     military or stability operations in which the Armed Forces of 
     the United States are a participant or may be called upon in 
     accordance with a cooperative defense agreement to which the 
     United States is a party;
       (C) any limitations placed by any such country on the use 
     of such contributions; and
       (D) any actions undertaken by the United States or by other 
     countries to minimize such limitations.
       (2) Countries described.--The countries described in this 
     paragraph are the following:
       (A) Each member state of the North Atlantic Treaty 
     Organization.
       (B) Each member state of the Gulf Cooperation Council.
       (C) Each country party to the Inter-American Treaty of 
     Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro 
     September 2, 1947, and entered into force December 3, 1948 
     (TIAS 1838).
       (D) Australia.
       (E) Japan.
       (F) New Zealand.
       (G) The Philippines.
       (H) South Korea.
       (I) Thailand.
       (3) Form.--Each report under paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (4) Availability.--A report submitted under paragraph (1) 
     shall be made available on request to any Member of Congress.
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.

[[Page S870]]

  

                                 ______
                                 
  SA 21. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. PROHIBITION ON USE OF FORCE AGAINST THE RUSSIAN 
                   FEDERATION.

       (a) No Authority for Use of Force.--No provision of law 
     enacted before the date of the enactment of this Act may be 
     construed to provide authorization for the use of military 
     force against the Russian Federation.
       (b) Prohibition on Funding for Use of Military Force 
     Against the Russian Federation.--
       (1) In general.-- No Federal funds may be made available 
     for the use of military force in or against the Russian 
     Federation unless--
       (A) Congress has declared war; or
       (B) there is enacted specific statutory authorization for 
     such use of military force that meets the requirements of the 
     War Powers Resolution (50 U.S.C. 1541 et seq.).
       (2) Commander-in-chief exception.--The prohibition under 
     paragraph (1) does not apply to a use of military force that 
     is consistent with section 2(c) of the War Powers Resolution 
     (50 U.S.C. 1541(c)).
       (c) Rules of Construction.--Nothing in this section may be 
     construed--
       (1) to prevent the President from using necessary and 
     appropriate force to defend United States allies and partners 
     if Congress enacts specific statutory authorization for such 
     use of force consistent with the requirements of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.);
       (2) to relieve the executive branch of restrictions on the 
     use of force, reporting, or consultation requirements set 
     forth in the War Powers Resolution (50 U.S.C. 1541 et seq.); 
     or
       (3) to authorize the use of military force.
       (d) Scope of Military Force.--In this section, the term 
     ``military force''--
       (1) includes--
       (A) sharing intelligence with Ukraine for the purpose of 
     enabling offensive strikes against the Russian Federation;
       (B) providing logistical support to Ukraine for offensive 
     strikes against the Russian Federation; and
       (C) any situation involving any use of lethal or 
     potentially lethal force by United States forces against 
     Russian forces, irrespective of the domain, whether such 
     force is deployed remotely, or the intermittency thereof; and
       (2) does not include activities undertaken pursuant to 
     section 503 of the National Security Act of 1947 (50 U.S.C. 
     3093).
                                 ______
                                 
  SA 22. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. TWO-YEAR TIME LIMIT FOR AUTHORIZATIONS FOR USE OF 
                   MILITARY FORCE.

       (a) In General.--Any law authorizing the use of military 
     force that is enacted on or after the date of the enactment 
     of this Act shall terminate two years after the date of the 
     enactment of such law unless a joint resolution of extension 
     is enacted pursuant to subsection (b) extending such 
     authority prior to such termination date.
       (b) Consideration of Joint Resolution of Extension.--
       (1) Joint resolution of extension defined.--In this 
     subsection, the term ``joint resolution of extension'' means 
     only a joint resolution of either House of Congress--
       (A) the title of which is as follows: ``A joint resolution 
     extending the [_________] for a two-year period beginning on 
     the date of the enactment of this joint resolution.'', with 
     the blank being filled with the title of the law authorizing 
     the use of military force that is being extended pursuant to 
     subsection (a); and
       (B) the sole matter after the resolving clause of which is 
     the following: ``Congress extends the authority for the use 
     of military force provided under [_________] for a two-year 
     period beginning on the date of the enactment of this joint 
     resolution.'', with the blank being filled with the title of 
     the law authorizing the use of military force that is being 
     extended pursuant to subsection (a).
       (2) Introduction.--A joint resolution of extension may be 
     introduced by any member of Congress.
       (3) Floor consideration in house of representatives.--If a 
     committee of the House of Representatives to which a joint 
     resolution of extension has been referred has not reported 
     the joint resolution within 10 calendar days after the date 
     of referral, that committee shall be discharged from further 
     consideration of the joint resolution.
       (4) Consideration in the senate.--
       (A) Committee referral.--A joint resolution of extension 
     introduced in the Senate shall be referred to the Committee 
     on Foreign Relations.
       (B) Reporting and discharge.--If the Committee on Foreign 
     Relations has not reported the joint resolution within 10 
     calendar days after the date of referral of the joint 
     resolution, that committee shall be discharged from further 
     consideration of the joint resolution and the joint 
     resolution shall be placed on the appropriate calendar.
       (C) Proceeding to consideration.--Notwithstanding Rule XXII 
     of the Standing Rules of the Senate, it is in order at any 
     time after the Committee of Foreign Relations reports a joint 
     resolution of extension to the Senate or has been discharged 
     from consideration of such a joint resolution (even though a 
     previous motion to the same effect has been disagreed to) to 
     move to proceed to the consideration of the joint resolution, 
     and all points of order against the joint resolution (and 
     against consideration of the joint resolution) are waived. 
     The motion to proceed is not debatable. The motion is not 
     subject to a motion to postpone. A motion to reconsider the 
     vote by which the motion is agreed to or disagreed to shall 
     not be in order.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution of extension shall be decided 
     without debate.
       (E) Consideration of veto messages.--Debate in the Senate 
     of any veto message with respect to a joint resolution of 
     extension, including all debatable motions and appeals in 
     connection with the joint resolution, shall be limited to 10 
     hours, to be equally divided between, and controlled by, the 
     majority leader and the minority leader or their designees.
       (5) Rules relating to senate and house of 
     representatives.--
       (A) Treatment of senate joint resolution in house.--In the 
     House of Representatives, the following procedures shall 
     apply to a joint resolution of extension received from the 
     Senate (unless the House has already passed a joint 
     resolution relating to the same proposed action):
       (i) The joint resolution shall be referred to the 
     appropriate committees.
       (ii) If a committee to which a joint resolution has been 
     referred has not reported the joint resolution within 2 
     calendar days after the date of referral, that committee 
     shall be discharged from further consideration of the joint 
     resolution.
       (iii) Beginning on the third legislative day after each 
     committee to which a joint resolution has been referred 
     reports the joint resolution to the House or has been 
     discharged from further consideration thereof, it shall be in 
     order to move to proceed to consider the joint resolution in 
     the House. All points of order against the motion are waived. 
     Such a motion shall not be in order after the House has 
     disposed of a motion to proceed on the joint resolution. The 
     previous question shall be considered as ordered on the 
     motion to its adoption without intervening motion. The motion 
     shall not be debatable. A motion to reconsider the vote by 
     which the motion is disposed of shall not be in order.
       (iv) The joint resolution shall be considered as read. All 
     points of order against the joint resolution and against its 
     consideration are waived. The previous question shall be 
     considered as ordered on the joint resolution to final 
     passage without intervening motion except 2 hours of debate 
     equally divided and controlled by the sponsor of the joint 
     resolution (or a designee) and an opponent. A motion to 
     reconsider the vote on passage of the joint resolution shall 
     not be in order.
       (B) Treatment of house joint resolution in senate.--
       (i) If, before the passage by the Senate of a joint 
     resolution of extension, the Senate receives an identical 
     joint resolution from the House of Representatives, the 
     following procedures shall apply:

       (I) That joint resolution shall not be referred to a 
     committee.
       (II) With respect to that joint resolution--

       (aa) the procedure in the Senate shall be the same as if no 
     joint resolution had been received from the House of 
     Representatives; but
       (bb) the vote on passage shall be on the joint resolution 
     from the House of Representatives.
       (ii) If, following passage of a joint resolution of 
     extension in the Senate, the Senate receives an identical 
     joint resolution from the House of Representatives, that 
     joint resolution shall be placed on the appropriate Senate 
     calendar.
       (iii) If a joint resolution of extension is received from 
     the House, and no companion joint resolution has been 
     introduced in the Senate, the Senate procedures under this 
     subsection shall apply to the House joint resolution.
       (6) Rules of house of representatives and senate.--This 
     subsection is enacted by Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and the House of Representatives, respectively, and as such 
     is deemed a part of the rules of each House, respectively, 
     and supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.
                                 ______
                                 
  SA 23. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

[[Page S871]]

  


     SEC. 3. REPORTING AND NOTIFICATION REQUIREMENTS.

       (a) Declassified List.--Not later than 90 days after the 
     date of the enactment of this Act, and annually thereafter, 
     the President shall publish a declassified list of nations, 
     organizations, or persons the United States is using force 
     against or authorized to use force against pursuant to 
     section 2(a) of the Authorization for Use of Military Force 
     (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541 note) 
     (commonly known as the ``2001 AUMF'').
       (b) Release of Certain Executive Branch Legal Opinions.--
     The head of each executive branch agency shall make available 
     to the public, with minimal redactions, each legal opinion of 
     the agency relied upon for the use of force in United States 
     counterterrorism operations.
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall make available to each Member of Congress a 
     report on the legal and policy frameworks for the use of 
     military force by, and related security operations of, the 
     United States that includes--
       (A) a full list of security assistance programs, including 
     programs under--
       (i) section 333 of title 10, United States Code;
       (ii) section 127(e) of title 10, United States Code; and
       (iii) section 1202 of the National Defense Authorization 
     Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639); 
     and
       (B) the legal, factual, and policy justifications for any 
     modification to such legal and policy frameworks during the 
     period beginning on the date of the enactment of this Act and 
     ending on the date on which the report is submitted.
       (2) Form.--Each report required by paragraph (1) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Notification.--Not later than 30 days after the date on 
     which a modification is made to the legal and policy 
     frameworks for the use of military force by, and related 
     security operations of, the United States, the President 
     shall notify Congress of such modification and provide the 
     legal, factual, and policy justification for the 
     modification.
                                 ______
                                 
  SA 24. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _____. RESCISSIONS.

       There is rescinded any unobligated balance greater than 
     $150,000,000 (as of January 31, 2023) made available under 
     the American Rescue Plan Act of 2021 (Public Law 117-2; 135 
     Stat. 4).
                                 ______
                                 
  SA 25. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. REQUIREMENT FOR EXPRESSIONS OF INTEREST UNDER THE 
                   MINERAL LEASING ACT.

       Section 17(q) of the Mineral Leasing Act (30 U.S.C. 226(q)) 
     is amended--
       (1) by striking ``Secretary'' each place it appears and 
     inserting ``Secretary of the Interior''; and
       (2) by adding at the end the following:
       ``(3) Requirement.--Notwithstanding any other provision of 
     this section, the Secretary of the Interior shall offer for 
     lease under this section under the applicable resource 
     management plan not less than 80 percent of available parcels 
     of land nominated for oil and gas development in an 
     expression of interest submitted in accordance with the 
     procedures established under paragraph (1).''.
                                 ______
                                 
  SA 26. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Audit and Report.--Not later than 1 year after the date 
     of enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information and the Secretary of 
     Defense shall jointly--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department of 
     Defense as of the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (b) Contents of Report.--The Assistant Secretary of 
     Commerce for Communications and Information and the Secretary 
     of Defense shall include in the report submitted under 
     subsection (a)(2), with respect to the electromagnetic 
     spectrum that is assigned or otherwise allocated to the 
     Department of Defense as of the date of the audit--
       (1) each particular band of spectrum being used by the 
     Department of Defense;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the geographic area in which a particular band 
     described in paragraph (1) is being used;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department of Defense or shared with 
     a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department of Defense.
       (c) Form of Report.--The report required under subsection 
     (a)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______
                                 
  SA 27. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXEMPTIONS FROM FDA REQUIREMENTS WITH RESPECT TO 
                   INFANT FORMULA.

       (a) Waivers.--
       (1) In general.--In the case that an infant formula 
     shortage is established through a joint resolution, with 
     respect to any infant formula imported into the United States 
     during the 90-day period beginning on the date specified in 
     such joint resolution--
       (A) the requirements under section 412 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 350a) shall not apply;
       (B) such infant formula may be manufactured, processed, 
     packed, or held in a facility in a country described in 
     subsection (d) that is not registered under section 415 of 
     such Act (21 U.S.C. 350d);
       (C) the requirements under parts 106 and 107 of title 21, 
     Code of Federal Regulations, shall not apply; and
       (D) such infant formula shall not be considered to be 
     misbranded or adulterated solely on the basis of not being in 
     compliance with the requirements of such section 412 or 415, 
     or such part 106 or 107.
       (2) Renewal of waiver period.--A waiver of requirements 
     under paragraph (1) shall automatically renew for additional 
     90-day periods until such infant formula shortage is 
     terminated through a subsequent joint resolution.
       (b) Notification Requirement.--
       (1) In general.--A person who introduces or delivers for 
     introduction into interstate commerce an infant formula 
     pursuant to subsection (a) shall notify the Secretary if such 
     person has knowledge which reasonably supports the conclusion 
     that such infant formula--
       (A) may not provide the nutrients required by section 
     412(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     350a(i)); or
       (B) is a product that meets any criterion under section 
     402(a) of such Act (21 U.S.C. 342(a)), or which otherwise may 
     be unsafe for infant consumption.
       (2) Knowledge defined.--For purposes of paragraph (1), the 
     term ``knowledge'' as applied to a person subject to such 
     subparagraph means--
       (A) the actual knowledge that the person had; or
       (B) the knowledge which a reasonable person would have had 
     under like circumstances or which would have been obtained 
     upon the exercise of due care.
       (c) Recall Authority.--If the Secretary determines that 
     infant formula introduced or delivered for introduction into 
     interstate commerce pursuant to subsection (a) is a product 
     described in subsection (b)(1)(B), the manufacturer or 
     importer shall immediately take all actions necessary to 
     recall shipments of such infant formula from all wholesale 
     and retail establishments, consistent with recall regulations 
     and guidelines issued by the Secretary.
       (d) Countries Described.--A country described in this 
     subsection is any of the following:
       (1) Australia.
       (2) Israel.
       (3) Japan.
       (4) New Zealand.
       (5) Switzerland.
       (6) South Africa.
       (7) The United Kingdom.
       (8) A member country of the European Union.
       (9) A member country of the European Economic Area.
       (e) Definition.--In this section, the term ``infant 
     formula'' has the meaning given that term in section 201(z) 
     of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321(z)).
                                 ______
                                 
  SA 28. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITING MEDICARE PAYMENTS TO AND ENROLLMENT OF 
                   PROVIDERS WHO FURNISH GENDER-TRANSITION 
                   PROCEDURES.

       Section 1862 of the Social Security Act (42 U.S.C. 1395y) 
     is amended by adding at the end the following:

[[Page S872]]

       ``(p) Prohibiting Payments to and Enrollment of Providers 
     Who Furnish Gender-transition Procedures.--
       ``(1) In general.--Effective on the date of the enactment 
     of this subsection--
       ``(A) no payment may be made under this title with respect 
     to any item or service that is furnished by a provider of 
     services or supplier who furnishes a gender-transition 
     procedure; and
       ``(B) a provider of services or supplier who furnishes a 
     gender-transition procedure may not enroll or reenroll in the 
     program under this title under section 1866(j).
       ``(2) Definitions.--In this subsection:
       ``(A) Biological sex.--The term `biological sex' means the 
     genetic classification of an individual as male or female, as 
     reflected in the organization of the body of such individual 
     for a reproductive role or capacity, such as through sex 
     chromosomes, naturally occurring sex hormones, and internal 
     and external genitalia present at birth, without regard to 
     the subjective sense of identity of the individual.
       ``(B) Gender-transition procedure.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `gender-transition procedure' means--

       ``(I) the prescription or administration of puberty-
     blocking drugs for the purpose of changing the body of an 
     individual so that it conforms to the subjective sense of 
     identity of the individual, in the case such identity is at 
     odds with the individual's biological sex;
       ``(II) the prescription or administration of cross-sex 
     hormones for the purpose of changing the body of an 
     individual so that it conforms to the subjective sense of 
     identity of the individual, in the case such identity is at 
     odds with the individual's biological sex; or
       ``(III) a surgery to change the body of an individual so 
     that it conforms to the subjective sense of identity of the 
     individual, in the case such identity is at odds with the 
     individual's biological sex.

       ``(ii) Exception.--The term `gender-transition procedure' 
     does not include--

       ``(I) an intervention described in clause (i) that is 
     performed on--

       ``(aa) an individual with biological sex characteristics 
     that are inherently ambiguous, such as those born with 46 XX 
     chromosomes with virilization, 46 XY chromosomes with 
     undervirilization, or having both ovarian and testicular 
     tissue; or
       ``(bb) an individual with respect to whom a physician has 
     determined through genetic or biochemical testing that the 
     individual does not have normal sex chromosome structure, sex 
     steroid hormone production, or sex steroid hormone action, 
     for a biological male or biological female;

       ``(II) the treatment of any infection, injury, disease, or 
     disorder that has been caused or exacerbated by the 
     performance of an intervention described in clause (i) 
     without regard to whether the intervention was performed in 
     accordance with State or Federal law; or
       ``(III) any procedure undertaken because the individual 
     suffers from a physical disorder, physical injury, or 
     physical illness that would, as certified by a physician, 
     place the individual in imminent danger of death or 
     impairment of major bodily function unless the procedure is 
     performed.''.

                                 ______
                                 
  SA 29. Mr. JOHNSON submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. 3. ASSESSMENT OF EXISTING LARGE POWER TRANSFORMERS.

       The Secretary of Energy, in consultation with the Secretary 
     of Defense, shall conduct an assessment of existing large 
     power transformers in the United States, identify Government 
     resources that could be leveraged to enhance the domestic 
     manufacturing of large power transformers, and identify any 
     authorities needed to provide such assistance.
                                 ______
                                 
  SA 30. Mr. RICKETTS submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       Amend section 2 to read as follows:

     SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2002.

       (a) Repeal.--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 30 days 
     after the President certifies to Congress that Iraq, Israel, 
     and other United States partners and allies in the region 
     have been meaningfully consulted on the ramifications of 
     repeal.
       (b) Description of Risks.--The certification submitted 
     under subsection (a) shall include a detailed description of 
     how Iraq, Israel, and other United States partners and allies 
     in the region perceive the risks and benefits of a repeal.
                                 ______
                                 
  SA 31. Mr. BUDD submitted an amendment intended to be proposed by him 
to the bill S. 316, to repeal the authorizations for use of military 
force against Iraq; which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. SHORT TITLE.

       Sections 3 through 7 of this Act may be cited as the 
     ``Build the Wall Now Act''.

     SEC. 4. RESUME CONSTRUCTION OF BARRIERS AND ROADS ALONG 
                   UNITED STATES AND MEXICO BORDER.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (2) Physical barriers.--The term ``physical barriers'' has 
     the meaning given such term in section 102(e) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996, 
     as added by section 5(5) of this Act.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Tactical infrastructure; technology.--The terms 
     ``tactical infrastructure'' and ``technology'' have the 
     meanings given such terms in section 102(e) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996, 
     as added by section 5(5) of this Act.
       (b) In General.--
       (1) Immediate resumption of border barrier construction.--
     Not later than 1 day after the date of the enactment of this 
     Act, the Secretary shall resume all projects relating to the 
     construction of physical barriers, tactical infrastructure, 
     and technology along the international border between the 
     United States and Mexico that were underway, or being planned 
     for, prior to January 20, 2021.
       (2) No cancellations.--The Secretary may not cancel any 
     contract for activities related to the construction of the 
     border barrier system that was entered into on or before 
     January 20, 2021.
       (3) Use of funds.--To carry out this section, the Secretary 
     shall expend all funds that were appropriated or explicitly 
     obligated for the construction of the border barrier system 
     on or after October 1, 2016.
       (c) Uphold Negotiated Agreements.--The Secretary shall 
     ensure that all agreements entered into before January 20, 
     2021, that were executed in writing between the Department 
     and any State, local, or Tribal government, private citizen, 
     or other stakeholder are honored by the Department relating 
     to current and future construction of the border barrier 
     system in accordance with such agreements.
       (d) Availability of Funds.--Notwithstanding any other 
     provision of law, any amount appropriated or otherwise made 
     available during fiscal year 2018, 2019, 2020, or 2021 for 
     any project relating to the construction of physical 
     barriers, tactical infrastructure, and technology along the 
     southern border shall remain available until expended.
       (e) Use of Funds.--Any amounts appropriated or otherwise 
     made available for fiscal year 2021 that remain available 
     pursuant to subsection (d) may only be used for barriers, 
     technology, or roads that--
       (1) use--
       (A) operationally effective designs deployed as of the date 
     of enactment of the Consolidated Appropriations Act, 2017 
     (Public Law 115-31), such as currently deployed steel bollard 
     designs, that prioritize agent safety; or
       (B) operationally effective adaptations of such designs 
     that help mitigate community or environmental impacts of 
     barrier system construction, including adaptations based on 
     consultation with jurisdictions within which barrier system 
     will be constructed; and
       (2) are constructed in the highest priority locations as 
     identified in the Border Security Improvement Plan.

     SEC. 5. IMPROVING THE REQUIREMENTS FOR BARRIERS ALONG THE 
                   SOUTHERN BORDER.

       (a) In General.--Section 102 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (division C 
     of Public Law 104-208; 8 U.S.C. 1103 note) is amended--
       (1) in subsection (a), by striking ``to install'' and all 
     that follows and inserting ``(including the removal of 
     obstacles to detection of illegal entrants) to design, test, 
     construct, install, deploy, integrate, and operate physical 
     barriers, tactical infrastructure, and technology in the 
     vicinity of the United States border to achieve situational 
     awareness and operational control of the border and deter, 
     impede, and detect illegal activity in high traffic areas.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Fencing and 
     Road Improvements'' and inserting ``Physical Barriers'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``subsection (a)'' and inserting ``this 
     section''; and
       (II) by striking ``roads, lighting, cameras, and sensors to 
     gain'' and inserting ``tactical infrastructure, and 
     technology to achieve situational awareness and'';

       (ii) by amending subparagraph (B) to read as follows:
       ``(B) Physical barriers and tactical infrastructure.--The 
     Secretary, in carrying out this section, shall deploy along 
     the United States border the most practical and effective 
     physical barriers and tactical infrastructure available for 
     achieving situational awareness and operational control of 
     the border.'';
       (iii) in subparagraph (C)--

       (I) in clause (i)--

       (aa) by striking ``the Secretary of the Interior, the 
     Secretary of Agriculture, States, local governments, Indian 
     tribes, and'' and inserting ``appropriate Federal agency 
     partners, appropriate representatives of Federal,

[[Page S873]]

     State, Tribal, and local governments, and appropriate 
     private''; and
       (bb) by striking ``fencing is'' and inserting ``physical 
     barriers are''; and

       (II) in clause (ii)--

       (aa) in subclause (I), by striking ``or'' after the 
     semicolon at the end;
       (bb) by amending subclause (II) to read as follows:

       ``(II) delay the transfer to the United States of the 
     possession of property or affect the validity of any property 
     acquisition by the United States by purchase or eminent 
     domain, or to otherwise affect the eminent domain laws of the 
     United States or of any State; or''; and

       (cc) by adding at the end the following:

       ``(III) create any right or liability for any party.''; and

       (iv) by striking subparagraph (D);
       (C) in paragraph (2)--
       (i) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (ii) by striking ``this subsection and shall commence 
     construction of fences'' and inserting ``this section and 
     shall commence the construction of physical barriers'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Agent safety.--In carrying out this section, the 
     Secretary of Homeland Security, when designing, constructing, 
     and deploying physical barriers, tactical infrastructure, or 
     technology, shall incorporate such safety features into such 
     design, construction, or deployment of such physical 
     barriers, tactical infrastructure, or technology, as the case 
     may be, that the Secretary determines, in consultation with 
     the labor organization representing agents of U.S. Border 
     Patrol, are necessary to maximize the safety and 
     effectiveness of officers or agents of the Department of 
     Homeland Security or of any other Federal agency deployed in 
     the vicinity of such physical barriers, tactical 
     infrastructure, or technology.''; and
       (E) in paragraph (4), by striking ``this subsection'' and 
     inserting ``this section'';
       (3) by striking subsection (c);
       (4) by inserting after subsection (b) the following:
       ``(c) Technology.--In carrying out this section, the 
     Secretary of Homeland Security shall deploy along the United 
     States border the most practical and effective technology 
     available for achieving situational awareness and operational 
     control of the border.''; and
       (5) by adding at the end the following:
       ``(e) Definitions.--In this section:
       ``(1) Advanced unattended surveillance sensors.--The term 
     `advanced unattended surveillance sensors' means sensors that 
     utilize an onboard computer to analyze detections in an 
     effort to discern between vehicles, humans, and animals, and 
     ultimately filter false positives prior to transmission.
       ``(2) High traffic areas.--The term `high traffic areas' 
     means areas in the vicinity of the United States border 
     that--
       ``(A) are within the responsibility of U.S. Customs and 
     Border Protection; and
       ``(B) have significant unlawful cross-border activity, as 
     determined by the Secretary of Homeland Security.
       ``(3) Operational control.--The term `operational control' 
     has the meaning given such term in section 2(b) of the Secure 
     Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note).
       ``(4) Physical barriers.--The term `physical barriers' 
     includes reinforced fencing, the border barrier system, and 
     levee walls.
       ``(5) Situational awareness.--The term `situational 
     awareness' has the meaning given such term in section 
     1092(a)(7) of the National Defense Authorization Act for 
     Fiscal Year 2017 (Public Law 114-328; 6 U.S.C. 223(a)(7)).
       ``(6) Tactical infrastructure.--The term `tactical 
     infrastructure' includes boat ramps, access gates, 
     checkpoints, lighting, and roads.
       ``(7) Technology.--The term `technology' means border 
     surveillance and detection technology, including--
       ``(A) tower-based surveillance technology;
       ``(B) deployable, lighter-than-air ground surveillance 
     equipment;
       ``(C) Vehicle and Dismount Exploitation Radars (VADER);
       ``(D) 3-dimensional, seismic acoustic detection and ranging 
     border tunneling detection technology;
       ``(E) advanced unattended surveillance sensors;
       ``(F) mobile vehicle-mounted and man-portable surveillance 
     capabilities;
       ``(G) unmanned aircraft systems; and
       ``(H) other border detection, communication, and 
     surveillance technology.
       ``(8) Unmanned aircraft system.--The term `unmanned 
     aircraft system' has the meaning given such term in section 
     44801(12) of title 49, United States Code.''.
       (b) Existing Waivers Not Affected.--A waiver issued by the 
     Secretary of Homeland Security pursuant to section 102(c) of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 
     note) that was published in the Federal Register before the 
     date of the enactment of this Act shall not be affected by 
     the amendment made by subsection (a).

     SEC. 6. RECODIFYING THE SECRETARY OF HOMELAND SECURITY'S 
                   WAIVER AUTHORITY; ADDING PREVIOUSLY WAIVED 
                   LEGAL REQUIREMENTS.

       (a) In General.--Section 103 of the Immigration and 
     Nationality Act (8 U.S.C. 1103) is amended by adding at the 
     end the following:
       ``(h) Waiver Authority.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Homeland Security shall have the 
     authority to waive all legal requirements that the Secretary 
     determines necessary to ensure the expeditious design, 
     testing, construction, installation, deployment, integration, 
     and operation of the physical barriers, tactical 
     infrastructure, and technology under this section and section 
     102 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1103 note). Such waiver authority shall also apply 
     with respect to any maintenance carried out on such physical 
     barriers, tactical infrastructure, or technology. Any such 
     decision by the Secretary shall be effective upon publication 
     in the Federal Register.
       ``(2) Notification.--Not later than 7 days after the date 
     on which the Secretary of Homeland Security exercises the 
     waiver authority under paragraph (1), the Secretary shall 
     notify the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate of such waiver.
       ``(3) Federal court review.--
       ``(A) In general.--The district courts of the United States 
     shall have exclusive jurisdiction to hear all causes or 
     claims arising from any action undertaken, or any decision 
     made, by the Secretary of Homeland Security pursuant to 
     paragraph (1). A cause of action or claim may only be brought 
     alleging a violation of the Constitution of the United 
     States. The court shall not have jurisdiction to hear any 
     claim not specified in this subparagraph.
       ``(B) Time for filing of complaint.--Any cause or claim 
     brought pursuant to subparagraph (A) shall be filed not later 
     than 60 days after the date of the action or decision made by 
     the Secretary of Homeland Security. A claim shall be barred 
     unless it is filed within the time specified.
       ``(C) Ability to seek appellate review.--An interlocutory 
     or final judgment, decree, or order of the district court may 
     be reviewed only upon petition for a writ of certiorari to 
     the Supreme Court of the United States.
       ``(4) Previously waived legal requirements.--
       ``(A) In general.--Any project relating to the construction 
     of physical barriers, tactical infrastructure, and technology 
     along the international border between the United States and 
     Mexico shall be exempt from any law or regulation referred to 
     in subparagraph (B).
       ``(B) Elements.--The laws and regulations referred to in 
     this subparagraph are--
       ``(i) an Act to facilitate the work of the Forest Service 
     (Public Law 87-869);
       ``(ii) subchapter II of chapter 5 and chapter 7 of title 5, 
     United States Code (commonly known as the `Administrative 
     Procedure Act');
       ``(iii) the Arizona Desert Wilderness Act (6 U.S.C. 460ddd 
     et seq.);
       ``(iv) the Arizona-Idaho Conservation Act of 1988 (Public 
     Law 100-696);
       ``(v) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) 
     (commonly known as the `Bald and Golden Eagle Protection 
     Act');
       ``(vi) the Clean Air Act (42 U.S.C. 7401 et seq.);
       ``(vii) the Federal Water Pollution Control Act (33 U.S.C. 
     1151 et seq.) (commonly known as the `Clean Water Act');
       ``(viii) the Coastal Zone Management Act (16 U.S.C. 1451 et 
     seq.);
       ``(ix) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.);
       ``(x) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       ``(xi) the Farmland Protection Policy Act (7 U.S.C. 4201 et 
     seq.);
       ``(xii) the Federal Cave Resources Protection Act of 1988 
     (16 U.S.C. 4301 et seq.);
       ``(xiii) chapter 63 of title 31, United States Code 
     (originally enacted as the `Federal Grants and Cooperative 
     Agreements Act of 1977');
       ``(xiv) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.);
       ``(xv) the Fish and Wildlife Coordination Act (16 U.S.C. 
     662 et seq.);
       ``(xvi) the Migratory Bird Conservation Act of 1929 (16 
     U.S.C. 715 et seq.);
       ``(xvii) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
     seq.);
       ``(xviii) the Military Lands Withdrawal Act of 1999 (title 
     XXX of Public Law 106-65);
       ``(xix) the Act of June 12, 1960 (Public Law 86-517; 16 
     U.S.C. 528 et seq.) (commonly known as the `Multiple-Use and 
     Sustained-Yield Act of 1960');
       ``(xx) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       ``(xxi) the National Fish and Wildlife Act of 1956 (16 
     U.S.C. 742a et seq.);
       ``(xxii) the National Forest Management Act of 1976 (16 
     U.S.C. 472a et seq.);
       ``(xxiii) the National Historic Preservation Act (16 U.S.C. 
     470 et seq.);
       ``(xxiv) the National Parks and Recreation Act of 1978 
     (Public Law 95-625);
       ``(xxv) the National Trails System Act (16 U.S.C. 1241 et 
     seq.);
       ``(xxvi) the National Wildlife Refuge System Administration 
     Act of 1966 (16 U.S.C. 668dd et seq.);
       ``(xxvii) the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.);

[[Page S874]]

       ``(xxviii) the Noise Control Act of 1972 (42 U.S.C. 4901 et 
     seq.);
       ``(xxix) the Otay Mountain Wilderness Act of 1999 (Public 
     Law 106-145);
       ``(xxx) subtitle D of title VI of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 470aaa et seq.) (commonly 
     known as the `Paleontological Resources Preservation Act');
       ``(xxxi) section 10 of the Act of August 4, 1939 (43 U.S.C. 
     387) (commonly known as the `Reclamation Project Act of 
     1939');
       ``(xxxii) the Act of March 3, 1899 (30 Stat. 1121, chapter 
     425; (33 U.S.C. 403 et seq.) (commonly known as the `Rivers 
     and Harbors Act of 1899');
       ``(xxxiii) the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.);
       ``(xxxiv) the Sikes Act (16 U.S.C. 670 et seq.);
       ``(xxxv) the Small Business Act (15 U.S.C. 631 et seq.);
       ``(xxxvi) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.) (commonly known as the `Resource Conservation and 
     Recovery Act of 1976');
       ``(xxxvii) the Wild and Scenic Rivers Act (16 U.S.C. 1271 
     et seq.);
       ``(xxxviii) the Act of December 15, 1971 (16 U.S.C. 1331 et 
     seq.) (commonly known as the `Wild Free-Roaming Horses and 
     Burros Act of 1971');
       ``(xxxix) the Wilderness Act (16 U.S.C. 1131 et seq.);
       ``(xl) sections 2304, 2304c, 2305, 2505a, and 2306a of 
     title 10, United States Code;
       ``(xli) section 550 of title 40, United States Code;
       ``(xlii) title 41, United States Code;
       ``(xliii) sections 100101(a), 100751(a), and 102101 of 
     title 54, United States Code;
       ``(xliv) chapters 1003, 1005, 1007, 1009, 1021, 3125, 3201, 
     and 3203 of title 54, United States Code;
       ``(xlv) division A of subtitle III of title 54, United 
     States Code;
       ``(xlvi) part 125 of title 13, Code of Federal Regulations; 
     and
       ``(xlvii) sections 16.504, 16.505, 17.205, 17.207, 22.404, 
     22.404-5, and 28.102-1 of title 48, Code of Federal 
     Regulations.
       ``(5) Definitions.--In this subsection, the terms `physical 
     barriers', `tactical infrastructure', and `technology' have 
     the meanings given such terms in section 102(e) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 
     note).''.
       (b) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by striking the item relating to section 103 and 
     inserting the following:

``Sec. 103. Powers and duties of the Secretary, the Under Secretary, 
              and the Attorney General.''.

     SEC. 7. PROHIBITION AGAINST USE OF FUNDS TO IMPLEMENT OR 
                   ENFORCE PRESIDENTIAL PROCLAMATION 10142.

       No funds, resources, or fees made available to the 
     Secretary of Homeland Security, or to any other official of 
     any Federal agency by any Act of Congress for any fiscal 
     year, may be used to implement or enforce Presidential 
     Proclamation 10142 of January 20, 2021 (86 Fed. Reg. 7225).
                                 ______
                                 
  SA 32. Mr. SULLIVAN submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

     SEC. 3. EFFECTIVE DATE.

       The repeals under sections 1 and 2 shall take effect on the 
     date on which the President has rescinded a determination of 
     the Secretary of State that the Government of Iran has 
     repeatedly provided support for acts of international 
     terrorism by submitting--
       (1) a report in accordance with section 1754(c)(4) of the 
     Exports Controls Act of 2018 (50 U.S.C. 4813(c)(4)) with 
     respect to the Government of Iran;
       (2) a report in accordance with section 40(f) of the Arms 
     Export Control Act (22 U.S.C. 2780(f)) with respect to the 
     Government of Iran; and
       (3) a report in accordance with section 620A(c) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371(c)) with 
     respect to the Government of Iran.
                                 ______
                                 
  SA 33. Mr. SULLIVAN submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       Strike section 2 and insert the following:

     SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ RESOLUTION OF 2022.

       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 30 days after the 
     Director of National Intelligence certifies in an 
     intelligence assessment to Congress that repeal will not 
     degrade the effectiveness of United States-led deterrence 
     against Iranian aggression.

     SEC. 3. RULE OF CONSTRUCTION REGARDING ABILITY TO COUNTER 
                   ATTACKS BY IRAN AND ITS PROXY FORCES.

       Nothing in this Act shall be construed to restrict the 
     ability of the United States to respond rapidly and 
     decisively to threats by the Government of Iran or its proxy 
     forces against United States facilities or persons, or those 
     of United States allies and partners, as appropriate under 
     the authorities provided to the President in Article II of 
     the Constitution.
                                 ______
                                 
  SA 34. Mr. HAGERTY submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       On page 2, line 10, insert ``30 days after the Director of 
     National Intelligence certifies in an intelligence assessment 
     to Congress that Iranian leadership will not perceive such 
     repeal as weakening United States strength in the region'' 
     after ``hereby repealed''.

                                 ______
                                 
  SA 35. Mr. HAGERTY submitted an amendment intended to be proposed by 
him to the bill S. 316, to repeal the authorizations for use of 
military force against Iraq; which was ordered to lie on the table; as 
follows:

       On page 2, line 10, insert ``30 days after the Director of 
     National Intelligence certifies in an intelligence assessment 
     to Congress that China's malign influence in the region will 
     not be advantaged as a result of such repeal'' after ``hereby 
     repealed''.

     

                          ____________________